Articles
<![CDATA[Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak ]]>
<![CDATA[Nurainy Usman]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Saartje Sarah Alfons]]>
<![CDATA[ Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v2i1.561
<![CDATA[This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.]]>
<![CDATA[Partisipasi Masyarakat Dalam Pembentukan Undang-Undang Cipta Kerja ]]>
<![CDATA[Aprillia Jultje Saiya]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Heillen Martha Yosephine Tita]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: The formation of good and correct regulations is based on the principle of the formation of statutory regulations. In the formation of the Job Creation Law, the procedure that was followed later became a polemic when this Law did not involve procedural community participation.Purposes of the Research: This writing aims to identify and examine the legal consequences of the establishment of the Job Creation Act.Methods of the Research: The method used in conducting a study of this problem is normative juridical with a legal and conceptual approach.Results of the Research: The legal consequence of the establishment of the Job Creation Act is the emergence of disinformation in the community regarding the contents of the Job Creation Act, so many parties have asked the Constitutional Court to conduct a judicial review or judicial review of the Job Creation Act. This is because the creation of the Copyright Act did not pay attention to the principles of openness and public participation in the process of its formation. Community Social Institutions (LSM) and the Confederation of Indonesian Trade Unions (KSPI) when asking for the draft of the Job Creation Bill, the government could not show that the people who were the target of the regulation should have easy access to the draft law. And also KSPI admitted that it was not involved in the formation of the Job Creation Act]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja Di Masa Pandemi Covid-19 ]]>
<![CDATA[Karina Hatane]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Merlien Irene Matitaputty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Legal protection of workers in working relationships is needed, considering the position of workers socially-economically very weak especially during the pandemic covid 19. Many companies suffer losses due to restrictions on community activities that affect the company’s income, so workers and affects the normative rights of workers.Purposes of the Research: This paper ains to know the form of legal protection for workers who are laid off and know the implementation of legal protections against workers during the covid-19 pandemic.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the study, obtained the results that the form of legal protections against workers who were laid off during the covid 19 pandemic includes 2 (two) forms of legal protection both from employers in the form of fulfillment of workers rights that have been contained in the legislation in the form of compensation and work experience latters while from the government, the issuance of legal products and worker protection programs. Implementation of such protections is applied in accordance with the regulations and circulars issued to workers during the covid 19 pandemic related to the rights fulfilled by mutual agreement although in the context there are also workers rights that are not fully fullfiled in accordance with the provisions of the legislation until the issuance of the pre-employment card program, cash-intensive programs and social safety nets.]]>
<![CDATA[Disiplin Aparatur Sipil Negara pada Kantor Kesyahbandaran dan Otoritas Pelabuhan Kelas 1 Ambon ]]>
<![CDATA[Hairia Musaad]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Dezonda Rosiana Pattipawae]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Ambon Class 1 Port Authority and Concession in improving the smooth running of public services and ensuring the effectiveness, efficiency and discipline of employees, looking at employee work discipline regarding working days are days that are determined to work formally, working hours are the time determined to work formally.Purposes of the Research: This writing aims to identify and analyze the discipline of the Airport State Civil Apparatus and the Ambon Class 1 Port Authority have an effect on good governance.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results show that Government Regulation No. 53/2010 concerning Civil Servant Discipline is a legal basis for regulating the actions and behavior of Civil Servants in order to comply with all applicable regulations, so that their main duties and functions can be carried out properly. Civil servants who are suspected of committing disciplinary violations are summoned to be investigated by the official who has the authority to punish or other officials appointed by him.]]>
<![CDATA[Eksistensi Instrumen Hukum Lokal dalam menjamin hak-hak masyarakat adat dalam perspektif informal Justice System di Kep Kei Besar ]]>
<![CDATA[Gilbert Marc Baljanan]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>;
<![CDATA[Saartje Sarah Alfons]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Society is a group of people who are closely intertwined because of certain systems, certain traditions, and certain laws that are the same, and lead to the collective life of people with certain systems and certain traditions in Indonesia. it is a living alliance that is still original growing as a legal order that is cared for by its customary leaders: In a case settlement and law enforcement cannot be done only in a formal way but can also be done through informal channels. This informal path or commonly referred to as the informal justice system in which problems that occur in indigenous peoples are resolved according to custom and applicable rules where the informal case resolution process is carried out by prior examination by community officials and traditional leaders.Purposes of the Research: To examine and find out the existence of local legal instruments in guaranteeing the rights of indigenous peoples in the perspective of the informal justice system in the Kei Besar Islands.Methods of the Research: The method used in writing this paper is literature study and observation. The main types of references used in the study of literature are books, journals and scientific articles. The data is used as a basis for analyzing and explaining the problem in a discussion. The analysis technique is descriptive argumentative. Meanwhile, observations and interviews were conducted with civil law lawyers at Pattimura University.Results of the Research: Local Legal Instruments located in Kep. Kei Besar, in order to create an acknowledgment, must be written and its credibility recognized by positive laws regulated in Indonesia. In addition, the Informal Justice System has proven to be effectively able to answer various kinds of customary issues, such as in Pakraman Village, Bali. Our local legal instruments must also contain procedures for resolving disputes by a customary court. It is important that the Indigenous Law Community Bill must be ratified immediately in order to acknowledge and create credibility rather than the existence of the Indigenous Law Community itself]]>
<![CDATA[Eksistensi Peraturan Pemerintah Pengganti Undang-Undang dan Kewenangan Mahkamah Konstitusi Dalam Pengujian ]]>
<![CDATA[Muhammad Rum Siolimbona]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Hendrik Salmon]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.1051
<![CDATA[Introduction: The 1945 Constitution of the Republic of Indonesia does not have a provision that gives the Constitutional Court the authority to examine Government Regulations in Lieu of Laws but in fact the Constitutional Court examines Government Regulations in Lieu of Laws.Purposes of the Research: the purpose of this article is to find out the existence of government regulations in lieu of laws and the authority of the Constitutional Court to examine government regulations in lieu of laws.Methods of the Research: This study uses a normative juridical method with a statute approach, a conceptual approach, and a case approach.Results of the Research: Hierarchically, government regulations in lieu of laws are parallel to laws and serve to replace laws that were issued in the event of a compelling emergency. The content material contained in the Government Regulation in Lieu of Law is the same as the Law. The Constitutional Court is based on Law Number 48 of 2009 concerning Judicial Power, where a judge cannot reject a case that is brought to him on the grounds that there is no law. According to the principle of ius curia novit, the judge can conduct rechtvinding. The essence of the establishment of the Constitutional Court is to guarantee human rights, for that the Constitutional Court must fulfill the constitutional rights of citizens, by which the testing of Government Regulations in Lieu of Law by the Constitutional Court is allowed and does not violate the law. ]]>
<![CDATA[Hak Prerogatif Presiden Dalam Pengangkatan Menteri ]]>
<![CDATA[Jacoba F X Kelbulan]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Hendry John Piris]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i7.1134
<![CDATA[Introduction: The use of prerogatives in appointing ministers, the president must pay attention to the educational background of a minister, the president must also look at some applicable standards.Purposes of the Research: to know and understand how to regulate the use of the President's prerogative in the appointment of ministers and how to use the mechanism of the President's prerogative in the appointment of ministers. Methods of the Research: In this legal research, the author uses normative research. Normative research is library research, where in normative research library materials are data sources which are classified as secondary data in research. Secondary data has a broad scope, ranging from personal letters, book, to afficial documents issued by the government.Results of the Research: Regarding the educational background of the minister, Susie pudjiastuti, it is not regulated because the ministerial position is not a structural position. Although the president has prerogatives, the president is not necessarily given the widest freedom in appointing a minister. Special arrangements need to be made to limit the president regarding certain things that are the measure. The mechanism of the president's prerogative regarding the appointment of ministers needs to be regulated in a statutory regulation. The intended mechanism can be in the form of interviews, as well as fit and proper tests from the minister concerned, and the conditions that allow it to be open to the public.]]>
<![CDATA[Partisipasi Masyarakat dalam Pengelolaan Keuangan Desa ]]>
<![CDATA[Remensye Venzka Afrilya Nikijuluw]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Revency Vania Rugebregt]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i10.1444
<![CDATA[Introduction: The village financial management is important so that the village communities have confidence in the village officials and village leaders.Purposes of the Research: To find out the form of community participation in village financial management and to see the consequences of the community's non-involvement in village financial management. Methods of the Research: This research is a normative legal research. In this study, the approach used is the legal approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials is by means of library research by collecting materials through invitations, reference books, mass media, such as newspapers. The overall data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that the community has an important role in managing village finances but in practice the community involvement has not been maximized because in the process the theory used is considered low, such as manipulated community involvement, the community is considered as informing in the sense of knowing people's programs and not providing input on the program. village government. And the non-involvement of the community itself has legal consequences if in its implementation it does not involve the community, one of the evidences of cases of village financial corruption that has resulted in the conviction of various village officials who are unable to take responsibility for their actions, this is clearly due to a lack of supervision from the community.]]>
<![CDATA[Legalitas Retribusi Angkutan Laut Speed Boat Letti-Moa dan Lakor-Moa oleh Pemerintah Daerah Kabupaten Maluku Barat Daya ]]>
<![CDATA[Dilmon Roger Lekidama]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Heillen Martha Yosephine Tita]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i2.10324
<![CDATA[People has the right to receive services in the field of sea transportation, protection and legal certainty in accordance with applicable laws and regulations, so that the Regional Government stipulates Regional Regulation of Southwest Maluku Regency Number 7 of 2013 concerning Regional Retribution. This research used normative legal research. The results showed that Articles 87 to 92 of the Regional Regulation of Southwest Maluku Regency Number 7 of 2013 concerning Regional Retribution regulate Port Service Retribution and the party collecting the Levy that port service users must be provided with strong and sustainable services. The Levy against Speed Boad Owners of the Letti – Moa and Lakor – Moa routes is not facilitated with facilities and infrastructure in accordance with national shipping standards, resulting in harm to the community. The imposition of Speed Boad transportation service rates set by Speed Boat owners is not based on the provisions of valid laws and regulations. In terms of regional revenue, the authority to collect levies carried out by KPLP is contrary to Regional Regulations of Southwest Maluku Regency Number 7 of 2013 concerning Regional Retribution.]]>
<![CDATA[Problematika Buruh Outsourcing Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 ]]>
<![CDATA[Siti Zumrah Koly]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Merlien Irene Matitaputty]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i5.1812
<![CDATA[Introduction: Changes to the provisions regarding outsourcing in the Job Creation Law have substantively eliminated legal protection for outsourced workers and workers in general and perpetuated the contract system by expanding the scope of work of outsourced workers.Purposes of the Research: This writing aims to find out the problems experienced by outsourcing workers after the decision of the consitutional court number 91/PUU-XVIII/2020.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Based on the results of the study, it was found that after decision of the constitutional court number 91/PUU-XVIII/2020 brought several problems for workers, especially outsourcing workers as contained in law number 11 of 2020 concerning job creation and also had not accommodated the perpective of Indonesian legal products regarding that fulfillment of labor rights in law number 11 of 2020 concerning job creation, including : (1) continuing to perpetuate the outsourcing system which was massively rejected when it was encated in law number 13 of 2003 concerning manpower, (2) the loss of restrictions on the types of work that can be outsourced in order to benefit the company to reduce production costs in terms of wages because the outsourcing system in determining wages has three components that are distibuted, namely outsourcing companis, outsourcing workers, and service user companies, (3) threatened with unilateral layoffs because in the changes to the provisions for layoffs in law No or 11 of 2020 concerning job creation states that layoffs are sufficient to be carried out throught notification from.]]>
