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All Journal Veritas et Justitia Justitia et Pax Unes Law Review Indonesian Journal of Advocacy and Legal Services AIWADTHU: Jurnal Pengabdian Hukum Bacarita Law Journal SASI Jurnal Saniri Indonesian Journal of Advocacy and Legal Services
Lainsamputty, Natanel
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Legal Consequences of Official Appointment of Non-Government Civil Servants Head District: Case of Salahutu District, Central Maluku Regency Lainsamputty, Natanel
Indonesian Journal of Advocacy and Legal Services Vol. 2 No. 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.23016

Abstract

The administration of the Negeri government in Salahutu Sub-district of Maluku District was in the middle of a government vacuum, so the provision of positions carried out in practice appointed the acting head of the Negeri government who was not a civil servant from the district / city environment. This issue is clearly in conflict with applicable laws and regulations. So this research aims to analyze the appointment of the acting head of the Negeri government that is not of civil servants and how the legal consequences. The concept of appointing an official to fill the government vacancy in the village or what is called by another name, is to carry out government functions related to public services and development, so that the civil servants are competent.
PEMBAHARUAN PERATURAN DAERAH PASCA BERLAKU UNDANG-UNDANG DESA TAHUN 2014 DALAM MENJAGA EKSISTENSI NEGERI DI KABUPATEN MALUKU TENGAH: Indonesia Pattinasarany, Yohanes; Lainsamputty, Natanel; Pattipawae, Dezonda Rosiana
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.8120

Abstract

Law No. 6 of 2014 stipulates 2 (two) types of villages, namely villages and customary villages. Negeri is one form of customary village in Central Maluku Regency. Law No. 6 of 2014 requires the district/city government including the Central Maluku Regency government to determine customary villages. The determination of customary villages is carried out after the arrangement of customary law community units has been carried out. However, for almost 9 (nine) years since the enactment of Law No. 6 of 2014, the Central Maluku Regency Government has not taken any legal legitimizing action regarding the existence of negeri as a form of customary village. For this reason, the problem that will be studied in this writing is what are the legal implications for the existence of negeri after the enactment of Law No. 6 of 2014. The type of research chosen in studying the substance of this research is normative legal research, with the approach of Law No. 6 of 2014 and implementing regulations as the basis for the study in answering the renewal of Regional Regulations in maintaining the existence of Negeri in Central Maluku Regency. This study shows that the legal implications for the existence of the country after the enactment of Law No. 6 of 2014 are that the Central Maluku Regency Government must legitimize the existence of the country as a form of traditional village through the arrangement of customary law community units and designated as a country. The arrangement of customary law community units is carried out by the customary law community unit arrangement committee formed by the Regent. The identification results are determined by the Regent's decision as the basis for the formation of regional regulations on the determination of the country. In reality, the determination of customary law community units have not been carried out by the local government. This condition causes the existence of the country to have no legal legitimacy. In addition, the Central Maluku Regency Government must also update various regional regulations as the legal basis for the implementation of the country government in Central Maluku Regency.
PENGATURAN PEMILIHAN KEPALA PEMERINTAH NEGERI DI KABUPATEN MALUKU TENGAH H Lekipiouw, Sherlock; Lainsamputty, Natanel; Pattinasarany, Yohanes; Salmon, Hendrik
UNES Law Review Vol. 5 No. 2 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i2.291

Abstract

ABSTRACT The development of the regional government system has undergone substantial changes with the birth of Law Number 6 of 2014 concerning Villages. The regulation regarding the election of village heads has changed with a simultaneous election mechanism and the candidate who gets the most votes is entitled to be appointed as village head. The purpose of this study is to examine and analyze the regulation by mechanical election in the district of Maluku Tengah which in the Regional Regulation Number 03 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of the Negeri Government whose substance the article on elections still refers to Law Number 32 of 2014 which is no longer valid. The method used in this research is the socio-legal method whose data are taken from the interview process and study of Regional Regulation documents and by using literacy related to the research title.
REKONSTRUKSI KEWENANGAN ASAL-USUL ATAS KELEMBAGAAN, PENGISIAN JABATAN, DAN MASA JABATAN KEPALA DESA ADAT Lainsamputty, Natanel; Sudaryanto, Agus
Veritas et Justitia Vol. 11 No. 2 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v11i2.9414

Abstract

This study examines the normative ambiguity in Article 109 of the Village Law, which stipulates that the institutional structure, mechanisms for filling positions, and terms of office of customary (adat) village heads must be determined based on customary law, while at the same time requiring these matters to be stipulated in Provincial Regional Regulations. This formulation creates a dualism of authority between the rights of origin of customary (adat) peoples and the regulatory authority of local governments. Using a normative legal approach through the analysis of laws and regulations, academic literature, and regional regulatory practices, this study finds that the ambiguity of Article 109 has encouraged the emergence of Regional Regulations that are both regulative and interventionist in nature. Local governments not only recognize but also reorganize customary arrangements in detail, including the uniformity of adat institutional structures, the regulation of appointment mechanisms, the determination of genealogical requirements, and the establishment of terms of office for adat village heads. This research proposes a reconstruction of Article 109 by emphasizing that Regional Regulations should function declaratively, namely, by recognizing adat mechanisms rather than re-regulating them. Through this reconstruction model, original authority over institutional structures, appointment mechanisms, and terms of office of adat leaders can be restored as the full domain of adat law communities, thereby enabling state–adat relations to operate proportionally within the framework of Indonesian legal pluralism.
Co-Authors Abdullah Abdullah Agus Sudaryanto Garciano Nirahua H Lekipiouw, Sherlock Hetharie, Yosia Nendissa, Renny Heronia Pattinasarany, Yohanes Pattipawae, Dezonda Rosiana Ronny Soplantila Salmon, Hendrik Tomalima, Ilham Agus