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All Journal Jurnal Suara Hukum Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Saartje Sarah Alfons
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Konsekuensi Yuridis Terhadap Diabaikannya Pelaksaan Putusan Pengadilan Tata Usaha Negara Yang Telah Memiliki Kekuatan Hukum Tetap Saartje Sarah Alfons
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.132

Abstract

Unlawful Consequences of Justice in the execution of the decision of the State Administration court by government officials, are arbitrary and contempt of court actions which may be subject to administrative sanctions as well as unlawful acts that may be sued in civil courts.
Penyalahgunaan Wewenang Dalam Pengangkatan Pejabat Pimpinan Tinggi Hatta, Dodi Fahtur Mutttaqim; Salmon, Hendrik; Alfons, Saartje Sarah
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1332

Abstract

Introduction: The appointment of a high-level official, namely the Regional Secretary by the Governor according to his authority as stipulated in laws and regulations, is a form of implementation of the principle of legality in the rule of law principle.Purposes of the Research:  This study aims to find out whether the governor has the authority to appoint acting regional secretary, and whether the actions of the governor of Maluku to appoint acting regional secretary of Maluku are legal actions.Methods of the Research: This study uses the normative legal research method, which aims to find out whether the governor has the authority to appoint acting regional secretary, and whether the actions of the Maluku governor who appointed the acting regional secretary of Maluku are legal actions.Results / Findings / Novelty of the Research: The Governor as the representative of the Central Government in the regions has the authority to appoint Acting Regional Secretary with the approval of the Minister of Home Affairs if the Regional Secretary is unable to carry out his duties and there is a vacancy in the position of Regional Secretary. Therefore, the Governor cannot appoint an Acting Regional Secretary if there is no vacancy in the position of Regional Secretary. The appointment of the Acting Regional Secretary by the Governor of Maluku did not meet the procedural and substance requirements because Kasrul Selang as Regional Secretary could not be dismissed from his position before 3 February 2022. This means that the dismissal of Kasrul Selang on 10 December 2021 clearly resulted in the appointment of the acting regional secretary not meeting the requirements.
Creating Substantive Justice in State Administrative Courts: A Theoretical, Philosophical, and Human Rights Review Alfons, Saartje Sarah; Soplanit, Miracle; Mail, Syed Muhammad Huzaif
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p298-306

Abstract

Substantive justice in Administrative Court (PTUN) can be achieved through theoretical, philosophical, and human rights (HAM) approaches that ensure access to fair and equal justice, so that decisions made are not only procedurally valid but also reflect genuine justice for society. The objective of this research is to analyze how substantive justice can be realized in the practice of Administrative Court (PTUN) through theoretical, philosophical, and human rights approaches, as well as to explore the role of human rights in ensuring the achievement of substantive justice in administrative court proceedings. This research employs normative legal methods with legislative, philosophical, and human rights approaches, using literature study techniques and descriptive analysis of legislation, court decisions, and legal literature. The findings reveal that substantive justice in Administrative Court (PTUN) can be realized through the integration of theoretical, philosophical, and human rights (HAM) approaches to ensure justice transcends formal procedures and reflects true justice values. The theoretical approach encompasses natural law principles and distributive justice theory to balance individual rights and governmental authority, while the philosophical perspective adopts John Rawls' "justice as fairness" concept and Pancasila values emphasizing the balance of rights and obligations. The human rights approach ensures protection against arbitrary administrative actions, equal access to justice, and the right to a fair trial. However, the implementation of substantive justice in PTUN still faces challenges, such as the dominance of formalistic legal positivism, the limited understanding of judges regarding substantive justice principles, and unequal access to legal assistance for the underprivileged
Kekuatan Hukum Terhadap Pejabat Tata Usaha Negara Yang Tidak Menjalankan Putusan Pengadilan Tata Usaha Negara Hayoto, Muhammad Rifandi; Alfons, Saartje Sarah; Pattipawae, Dezonda Rosiana
Jurnal Saniri Vol 2, No 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1317

Abstract

Introduction: The 1945 Constitution of the Republic of Indonesia (hereinafter abbreviated to the 1945 Constitution of the Republic of Indonesia), Article 24 paragraph (1) states that "Judicial power is an independent power to administer justice to uphold law and justice" and paragraph (2) states that " Judicial power is exercised by a Supreme Court and judicial bodies under it in the general court environment, the religious court environment, the military court environment, the state administrative court environment, and by a Constitutional Court.Purposes of the Research: To find out and analyze the legal force of State Administrative Officials who do not carry out the Decisions of the State Administrative Court.Methods of the Research: This research is a normative legal research with analytical descriptive nature. This research is intended to obtain normative clarity by identifying and analyzing the application of sanctions against State Administrative Officials who do not implement the Decisions of the State Administrative Court with permanent legal force.Results / Findings / Novelty of the Research: The results of this study indicate that the weak implementation of State Administrative Court Decisions is due to the absence of an executorial institution and coercive power in implementing State Administrative Court Decisions, so that the implementation of State Administrative Court Decisions depends on the awareness and initiative of State Administrative Officials.
Pengawasan Terhadap Alat Peraga Kampanye Dalam Penyelenggaraan Pemilu Nurlaili, Maulida Resti; Alfons, Saartje Sarah; Soplantila, Ronny
Jurnal Saniri Vol 5, No 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2513

Abstract

This article examines the implementation of supervision by the General Election Supervisory Agency (Bawaslu) in the 2024 Presidential and Vice Presidential Elections, especially in the implementation of the campaign. The campaign period in holding elections is one of the important stages in political contestation so it is vulnerable to violations, especially when its implementation involves many parties and the masses.  The campaign violations that often occur are administrative violations. Republic of Indonesia General Election Supervisory Agency Regulation Number 11 of 2023 concerning Supervision of General Election Campaigns. According to Law Number 7 of 2017 concerning General Elections, it is stated that general elections, hereinafter referred to as Elections, are a means of implementing people's sovereignty which is carried out directly, publicly, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia. Indonesia in 1945. In the implementation of elections, many violations were found. It is not surprising that the Central Bawaslu and Panwaslu in the regions have a lot of evidence of violations committed by election organizers, participants and implementers.The method used in this research is normative juridical using a statutory approach and a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials.Based on the results of this research, it shows that in carrying out supervision, the General Election Supervisory Body prevents violations and takes action against violations in synergy with supervision carried out at the district/city level. By focusing on the function of preventing violations, the General Election Supervisory Body prepares supervision plans based on potential vulnerabilities based on sub-stages and regions and intensively carries out outreach to the public and coordinates with stakeholders.  Meanwhile, in its enforcement function, the General Election Supervisory Body collaborates with the General Election Commission (KPU), the police and the prosecutor's office. The legal consequences for campaign violators are that they can be subject to administrative sanctions in the form of warnings and even removal of props. Sanctions include imprisonment for a minimum of 15 days or a maximum of 3 months and/or a fine of at least 100,000.00 (one hundred thousand rupiah), or a maximum of Rp. 1,000,000.00 (one million rupiah).
Implementasi Pengenaan Tarif Progresif Terhadap Wajib Pajak Kendaraan Bermotor Atapary, Febrian; Alfons, Saartje Sarah; Tita, Heillen Martha Yosephine
Jurnal Saniri Vol 3, No 2 (2023): Volume 3 Nomor 2, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i2.1620

Abstract

Introduction: Tax is a people's contribution to the State based on the law, so that it can be enforced, where the Taxpayer does not get a direct counter-achievement. The constitutional basis of the obligation to pay taxes is regulated in Article 23A, the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945. Dues from the people to the State, as a form of participation as well as contributions from citizens to the State.Purpose of Writing/Research: This study aims to determine the basis of imposition of Motor Vehicle Tax for Motor Vehicle Taxpayers and to examine and analyze the legal consequences of implementing progressive rates for Motor Vehicle Taxpayers.Purposes of the Research:  This study aims to determine the basis for the imposition of Motor Vehicle Tax for Motor Vehicle Taxpayers and to examine and analyze the legal consequences of implementing progressive rates for Motor Vehicle Taxpayers.Results of the Research: The results showed evidence of payment of progressive vehicle tax. Taxpayers, progressive tax on motor vehicle tax is an individual who owns a motor vehicle. Article 6 paragraph (2) of Law Number 28 of 2009 concerning Regional Taxes and Regional Levies stipulates that a progressive tax is imposed on the ownership of private motorized vehicles, both two-wheeled and four-wheeled, based on the same name and/or address.
Penerapan Sanksi Pidana Terhadap Anggota Polri Yang Melakukan Penyalahgunaan Senjata Api Manuhutu, Philicia; Alfons, Saartje Sarah; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1540

Abstract

Introduction: Normatively, Indonesia is actually a country that is quite strict in implementing the rules of gun ownership for civilians. There are a number of legal bases that regulate this, starting from the level of the Law, namely Emergency Law Number 12 of 1951, Law Number 8 of 1948 and PERPU Number 20 of 1960. The rest are regulations issued by the Police such as the Chief of Police Decree No. Skep/244/II/1999 and Chief of Police Decree No. 82 of 2004 concerning the Implementation of Supervision and Control of Non-Organic Weapons. In fact, the use of firearms must be very sensitive and selective, not in every condition of handling crimes the police must show, point and even pop their firearms. In Perkap 01 of 2009 concerning the purpose of the use of force in police actions Article 2 states: The purpose of the use of force in police actions is: prevent, inhibit, or stop the actions of criminals or suspects who are attempting or carrying out actions that are against the law; prevent criminals or suspects from escaping or taking actions that endanger members of the Police or the public; protect themselves or the public from the threat of acts or actions of criminals or suspects that can cause severe or deadly injuries; or protect the honor of decency or property of oneself or the community from attacks that are against rights and / or threaten human life. Various cases of shooting or misuse of firearms by members of the police have resulted in the public becoming victims.Purposes of the Research: This article aims to analyze and discuss law enforcement for members of the National Police in the misuse of firearms and analyze and discuss the application of criminal sanctions against members of the National Police who misuse firearms.Methods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that in law enforcement against unscrupulous members of the National Police through the application of criminal sanctions in the misuse of firearms through efforts to overcome the misuse of firearms by members of the National Police are grouped into 2 groups, namely repressively and preventively. Repressively, against members of the Police who misuse firearms will be subject to action in the form of disciplinary sanctions and / or criminal sanctions as stipulated in the Criminal Code. Preventive efforts are carried out by tightening psychological tests and mental tests for the right to hold firearms, not allowing members with personal, family or official problems to borrow firearms, and retesting the right to hold firearms for Polri members who hold firearms. The application of criminal sanctions against unscrupulous members of the National Police who misuse firearms resulting in the death of members of the public based on the laws and regulations applicable to unscrupulous members of the National Police is legally processed through a trial process in court and based on the juridical and non-juridical legal considerations of the Judge so that the judge decided that the defendant Markus Manuhutu alias Max alias Maku was legally and convincingly proven guilty of committing a criminal act due to his negligence resulting in the death of another person in accordance with Article 359 of the Criminal Code and imposed a prison sentence on the defendant with a prison sentence of 2 (two) years and 6 (six) months.
Ratio Decidendi Terhadap Amar Putusan Pengadilan Tata Usaha Negara pada Perkara Pemberhentian Tidak Dengan Hormat Aparatur Sipil Negara Terpidana Korupsi Himawan, Mohammad Hilmi; Alfons, Saartje Sarah; Nendissa, Renny Heronia
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (828.772 KB) | DOI: 10.47268/pela.v1i1.5934

Abstract

Introductioan: The ratio decidendi or the judge's legal considerations is the most important thing in determining the decision because there are aspects that must be considered. Ratio decidendi is a process that will produce a decision. In practice, namely at the State Administrative Court, it was found the fact that the employment dispute, namely dishonorable dismissal, had a different decision. Purposes of the Research: This study aims to determine the ratio decidendi that produces different decisions. The purpose of this research will be to answer the anxiety and curiosity about the ratio decidendi of the dispute regarding the dishonorable dismissal. Methods of the Research: This writing method is normative juridical, with the type of library research, which uses a law approach, with the hope of answering the problems faced. Results of the Research: The difference in the decision of course must be drawn on the ratio decidendi which considers the authority to adjudicate, procedural and substantive aspects as well as aspects of the grace period. These three aspects will be the main focus in dissecting the ratio decidendi in each decision so that differences will be found. The consistency of the ratio decidendi can affect the legal certainty received by the parties.
Penempatan Rumah Dinas Polisi Republik Indonesia Oleh Purnawirawan Polisi Marwan, Assor Januarta; Alfons, Saartje Sarah; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 2024 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v2i1.13521

Abstract

The placement of a POLRI official residence by a retired officer is something that is not permitted according to the law, this is because the POLRI official residence itself is intended for active police officers. To find out what form of supervision there is over the placement of official residences by retired police officers and what legal consequences arise because of this, this research was conducted with the aim of safeguarding the rights of active police officers regarding placement in official residences. The research method used in this research is normative juridical with a statutory approach, a conceptual approach, a legal history approach and a comparative approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of the research show that the form of supervision over the placement of POLRI official residences by retired police officers is repressive supervision in the form of disciplinary sanctions such as written warnings, official warnings, and withholding of rights and facilities. The legal consequences that arise for retired police officers who still occupy official residences include legal action in the form of official warnings and even legal action.
Kewenangan Pemerintah Kota Ambon Terhadap Anak Korban Eksploitasi Ekonomi Yesayas, Junet Daniela; Alfons, Saartje Sarah; Matitaputty, Merlien Irene
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v1i1.9906

Abstract

The authority of the Ambon city government over child victims of economic exploitation is urgently needed, given that children are the next generation of the nation and state that must always be protected, and their growth and development is paid attention to with the rights they have which have been regulated in the Laws and Regulations. The purpose of this study was to find out and understand how the authority of the Ambon City Government for Children Victims of Economic Exploitation is in accordance with Legislation and what forms of legal protection for children who are victims of economic exploitation. The research method used is normative legal research method and is analyzed qualitatively. The results and discussion show that the Ambon City Regional Government is based on the provisions of Article 20 and Article 21 paragraph (1) to (4) of Law Number 35 of 2014 concerning Child Protection and the provisions of Article 23 paragraph (4) of Ambon City Regional Regulation Number 1 of 2019 Concerning the Implementation of Child Friendly Cities, has authority over the implementation of Child Protection, respects the fulfillment of Children's Rights, guarantees the fulfillment of Children's Rights and is responsible for formulating and implementing policies in the field of implementing Child Protection. Authority Regional Government Against Children according to Law Number 35 of 2014 concerning Child Protection includes the obligations and responsibilities of the Regional Government. However, in the Ambon City Regional Government Regulation which specifically regulates the implementation of Means of Fulfilling Legal Protection Rights for children, it does not give law enforcement authority to the Regional Government against the perpetrators.
Co-Authors Atapary, Febrian Dezonda Rosiana Pattipawae Dilmon Roger Lekidama Doni Natar Gilbert Marc Baljanan Hairia Musaad Hatane, Karina Hatta, Dodi Fahtur Mutttaqim Hayoto, Muhammad Rifandi Heillen Martha Yosephine Tita Hendrik Salmon Hendry John Piris Himawan, Mohammad Hilmi Jacoba F X Kelbulan Latumaerissa, Denny Lucia Charlota Octovina Tahamata Mail, Syed Muhammad Huzaif Manuhutu, Philicia Marwan, Assor Januarta Matitaputty, Merlien Irene Merlien Irene Matitaputty Merry Tjoanda Muhammad Irham Muhammad Rum Siolimbona Muhammad Zainuddin Nendissa, Renny Heronia Nurainy Usman Nurlaili, Maulida Resti Pattipawae, Dezonda Rosiana Remensye Venzka Afrilya Nikijuluw Ronny Soplantila Rugebregt, Revency Vania Saiya, Aprillia Jultje Salmon, Hendrik Saptenno, Marthinus Johanes Siti Zumrah Koly Soplanit, Miracle Tita, Heillen Martha Yosephine Titaley, Paulus Yesayas, Junet Daniela