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All Journal Justitia et Pax Pena Justisia: Media Komunikasi dan Kajian Hukum TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal Bacarita Law Journal PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Pattipawae, Dezonda Rosiana
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Law, Crime, Criminology & Criminal Justice

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Kewenangan Mediator Khusus Ditingkat Daerah Dalam Menyelesaikan Perselisihan Hubungan Industrial Jonler, Yutson; Nirahua, Salmon Eliazer Marthen; Pattipawae, Dezonda Rosiana
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.8553

Abstract

Appointment of a Special Mediator by the Minister without having to undergo mediator certification, which is an absolute requirement for mediators in general. The purpose of this writing is to find out and analyze the mechanism for appointing and handling industrial relations disputes by Special Mediator as a form of legal protection for disputing parties. The research method is normative juridical. The research results show that the Minister's authority to appoint special mediators at the regional level is in accordance with the mandate of the constitution, however, in this appointment there is an urgent dispensation, namely being exempt from undergoing mediator certification, which is an absolute requirement for mediators in general. The existence of this dispensation will have an impact on special mediators at the regional level in handling industrial relations disputes.
Akibat Hukum Apabila Pekerja Outsourcing Tidak Mendapatkan Perlindungan Hukum Haurissa, Yeheskel; Salmon, Hendrik; Pattipawae, Dezonda Rosiana
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12745

Abstract

Legal protection for outsourced workers or workers is very necessary considering that the position of workers or laborers is in a lower or weaker position. Protection of workers or laborers is intended to guarantee the fulfillment of workers' basic rights and guarantee equality of opportunity and non-discriminatory treatment on any basis to create prosperity for workers or laborers. The purpose of this research is to examine and analyze the legal consequences if outsourced workers do not receive legal protection. The research method used is normative juridical research, namely research in the field of law which aims to examine legal principles, legal rules and legal systems. The legal materials used are primary legal materials and secondary legal materials. The problem approaches used in this research are the statutory approach and the conceptual approach. The research results show that the weaknesses contained in providing protection to workers/laborers or outsourced workers who work with the PKWT system include, among others, weaknesses in the legal substance; Weaknesses related to employment agreements; Weaknesses of Companies Providing Outsourced Workers/Labor Services. Legal consequences if outsourced workers do not receive legal protection: 1) The flexibility of outsourcing can trigger the practice of modern slavery; 2) Decreasing long-term job security and the number of permanent workers; 3) Vulnerability of workers' guarantees and rights.
Perlindungan Hukum Pekerja Terhadap Perjanjian Kerja Siahaan, Zefany Odelia Cristy; Tjoanda, Merry; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2110

Abstract

Introduction: Labor law guarantees that every worker has the right to a decent livelihood for humanity, one of which is realized in the form of wages and employers are prohibited from paying wages under the minimum wage provisions. This emphasizes the provision of legal protections for workers to ensure the fulfillment of workers' basic rights. However, in practice there are stillemployers who provide workers with wages below the minimum wage.  Sothat workers have difficulty meeting their needs and workers' right to a decent livelihood for humanity is not achieved. Purposes of the Research: to find out and analyze the implementation of the employment agreement and the legal protection of workers against the employment agreement. Methods of the Research: This research uses the normative legal research method which is carried out by examining legal materials to answer the legal issues faced.Results of the Research: The results showed   that the implementation of the   employment agreement had met the requirements of the employment agreement, but the entrepreneur CV Gemilang Sukses defaulted on the wage element.    Because, in the employment agreement, CV Gemilang Sukses employers promised to pay workers' wages according to the Ambon City Minimum Wage. However, in its implementation, it turns out that the entrepreneur CV Gemilang Sukses pays workers' wages below the Ambon City Minimum Wage.  Then, the legal protection that workers can get from employment agreements is in the form of legal protection of workers for wages, work time, rest time and time off from working overtime, disabled workers, female workers, pregnant, childbirth, child labor, occupational safety and health, termination of employment, labor social security and morals, decency and treatment according to human dignity and dignity. . Such protection can be provided through preventive legal protections such as the creation of employment agreements and the filing of objections before signing employment agreements and through the protection of repressive laws, namely the establishment of efforts to resolve labor disputes.  The existence of legal protection in order to ensure the fulfillment  of the basic rights of workers, equalityvtreatment without discrimination for the realization of welfare for workers   and their families, taking into account the progress of the business world and the interests of employers. 
Eksaminasi Khusus Kejaksaan Agung Dalam Perkara Tindak Pidana Tahya, Rizky Imanuel; Toule, Elsa Rina Maya; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2120

Abstract

Introduction: Special Examination is the process of conducting research and looking for certain case files that attract the attention of the media or other cases which, in the opinion of the leadership, need to be examined both for active cases and cases that have been handled by prosecutors or public prosecutors and which have obtained permanent legal force.Purposes of the Research: The purpose of this study is to find out and analyze the authority of the Attorney General's Office in taking over the prosecution of criminal cases from the Public Prosecutor's Office and to find out and analyze the application of special examinations conducted by the Attorney General's Office in accordance with the provisions of the Laws and Regulations. The type of research used is normative legal research with an analytical descriptive type which examines the findings from the literature review which are then analyzed into several chapters with a systematic flow.Results of the Research: The results of the research are that the Attorney General, who is the main public prosecutor in handling criminal cases, has the authority to delegate some of his rights to the public prosecutor in handling criminal cases in accordance with a mechanism that is in accordance with positive law.
Implikasi Hukum Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Terhadap Eksistensi Negeri Di Kabupaten Maluku Tengah Pattinasarany, Yohanes; Pattipawae, Dezonda Rosiana; Lainsamputty, Natanel
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2501

Abstract

Introduction: The consequences of the enactment of Law no. 6/2014, requires legal adjustments to be made at the regional level of Central Maluku Regency, as a basis for administering state government, one of which is related to the designation of the State as a traditional village.  UU no. 6/2014 requires the regional government of Central Maluku district to organize the customary law community unit and declare it a state with the legal form of regional regulations as stipulated in Article 98 paragraph (1) of Law no. 6/2014 which regulates that Traditional Villages are determined by Regency/City Regional Regulations.Purposes of Devotion: This Community Service is in order to provide input and solutions as well as legal education, especially regarding the Legal Implications of Law Number 6 of 2014 concerning Villages on State Existence in Central Maluku Regency, including Hatumete State, Tehoru District, Central Maluku Regency, Maluku Province. Method of Devotion: The method used is legal counseling to the community and action to villages and customary villages that are partners in service.Results of the Devotion: Legal implications of Law no. 6 of 2014 regarding the countries in Central Maluku district, including Hotumesse Country, requires legal legalization of the existence of the country as a form of traditional village whose governance system is based on origin rights and customary law. Structuring the customary law community unit by paying attention to: (a) the history of the Customary Law Community; (b) Indigenous territories; (c) Customary law; (d) assets and/or customary objects; and (e) traditional government institutions/systems. The act of structuring customary law community units as an instrument for establishing the country as a form of traditional village whose extension is recognized through Law no. 6 of 2014. However, the state government and state saniri as well as the people of Hotumesse State do not yet have an understanding of the rights and authority of the State or traditional villages as regulated by Law no. 6 of 2014.
Tanggungjawab Pemerintah Daerah Dalam Melindungi Orang Dengan Gangguan Jiwa Souhoka, Vhanesya Claudya; Pattipawae, Dezonda Rosiana; Soplanit, Miracle
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 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.v2i2.15904

Abstract

Mental disorders make a person disrupt their function and productivity so that they can disturb their family and society. The existence of ODGJ is seen roaming the A.Y Patty street area of Ambon City. There are some who are seen wearing makeshift and incomplete clothes, talking to themselves and even sleeping on the street and ODGJ who was pasung by the family, Wai Koi, a resident of Air Salobar, Nusaniwe District, has been confined by his family for decades. This writing uses the Normative Juridical research type, with a statutory approach and a conceptual approach. The results of the study show that the Regional Government must carry out legal protection for people with mental disorders in accordance with applicable regulations, in Law Number 17 of 2023 Article 77 paragraph 1D concerning health which states that "The Central Government and Regional Governments are responsible for handling people with mental disorders who are abandoned, homeless, and threaten the safety of themselves and/or others".
Kompetensi Peradilan Tata Usaha Negara Dalam Memeriksa, Mengadili Dan Memutus Perkara Nomor: 26/G/2020/Ptun.Abn Gaspersz, Delvin; Pietersz, Jemmy Jefry; Pattipawae, Dezonda Rosiana
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.v3i2.1616

Abstract

Introduction: The grace period for filing a lawsuit is conceptually aimed at ensuring legal certainty and government stability. The State Administrative Court in examining, adjudicating and deciding cases that have passed the grace period of 90 (ninety) days as regulated in Article 55 of Law Number 5 of 1986 The issues discussed are whether the State Administrative Court can accept the lawsuit which has passed the grace period and whether the State Administrative Court has the authority to examine, hear and decide on cases Number: 26/G/2020/PTUN.ABN.Purposes of the Research: provide academic input for the development of legal science, especially in the field of Constitutional Law, State Administrative Law related to the PTUN's Competence in Examining, Judging and Deciding Cases Number: 26/G/2020/PTUN.ABNMethods of the Research:  This research uses normative legal research, case approach, statutory approach and concept approach, primary, secondary and tertiary legal materials, legal material procedures using primary legal materials which are then linked to secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results of the study indicate that the competence of the State Administrative Court in examining, adjudicating and deciding cases that have passed the grace period is not the authority of the State Administrative Court. The period of 90 (ninety) days to file a lawsuit to the State Administrative Court (PTUN) plays a very important role, because if the period is lapsed, the State Administrative Decision (KTUN) cannot be contested anymore even if the KTUN issued by the agency or State Administration officials are not in accordance with applicable legal procedures
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.
PUTUSAN TATA USAHA NEGARA YANG MEMILIKI KEKUATAN EKSEKUTORIAL TIDAK DIPATUHI OLEH PEJABAT TATA USAHA NEGARA Pattipawae, Dezonda Rosiana
Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v1i1.432

Abstract

The weak implementation of State Administrative Court Decisions is due to the absence of an executive institution and force to force in the implementation of State Administrative Court Decisions, so that the implementation of State Administrative Court Decisions depends on the awareness and initiative of the State Administration Officer. Article 116 paragraph (4) and paragraph (5) of Law Number 51 of 2009 concerning Second Amendment to Law Number 5 of 1986 concerning State Administrative Court, namely the imposition of sanctions for State Administration Officers who do not implement a decision that has the power permanent law in the form of forced payment of money (dwangsom) and/or administrative sanctions and publication in print media. Article 116 paragraph (6) concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court, besides the efforts stipulated in the previous law, also regulates reporting of disobedience of the State Administration Officer to implement the decision of the Administrative Court The country said to the President as the holder of the highest governmental authority and to the people's representative institutions to carry out the oversight function.
Penegakan Hukum Dalam Pemutusan Hubungan Kerja Ditingkat Tripartit Pardjer, Yolanda; Pattipawae, Dezonda Rosiana; Soplantila, Ronny
Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2176

Abstract

Termination of Work Relations at the Tripartite Level is not accompanied by collaboration between mediators and labor inspectors, the implementation of supervision, and the application of administrative sanctions which causes the absence of protection to the rights of workers/laborers.  The method used in analyzing and discussing the problem is normative. The problem studied in this research is about the form of collaboration between mediators and labor inspectors in fulfilling law enforcement in the process of resolving industrial relations disputes between workers/laborers and employers through the tripartite level. As well as supervision and imposition of administrative sanctions to minimize violations that occur in the company, especially for the problem of termination of employment.  The results show that the government through mediators and labor inspectors can collaborate with employers who terminate employment, as well as Law Enforcement through supervision and imposition of administrative sanctions on employers who terminate employment at the tripartite level.
Co-Authors Abdullah Abdullah Ely, Hesty Kusumaningsy Gaspersz, Delvin Haurissa, Yeheskel Hayoto, Muhammad Rifandi Jonler, Yutson Kuahaty, Sarah Selfina Lainsamputty, Natanel Matitaputty, Merlien Irene Nirahua, Graciano Nirahua, Salmon Eliazer Marthen Nusaly, Angelina Imanuela Debby Pardjer, Yolanda Pattinasarany, Yohanes Pietersz, Jemmy Jefry Pintubatu, Meyliana Saartje Sarah Alfons Salmon, Hendrik Sari, Aswinda Nilam Siahaan, Zefany Odelia Cristy Solissa, Harold Imanuel Soplanit, Miracle Soplantila, Ronny Souhoka, Vhanesya Claudya Sunaryo, Hanavia Rahma Tahya, Rizky Imanuel Tjoanda, Merry Toule, Elsa Rina Maya Tuasalamony, Muhammad Zarkasyi Tuhumury, Carolina Vica Jillyan Edsti Saija