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Sanksi Terhadap Pelanggaran Izin Pengelolaan Sampah Pintubatu, Meyliana; Salmon, Hendrik; Pattipawae, Dezonda Rosiana
Jurnal Saniri Vol 4, No 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1911

Increasing population and increasing community life activities in Ambon City, which results in more and more waste generation. The increase in the volume of waste is directly proportional to the increase in population. Waste management still relies on the final approach, namely waste is collected, transported and disposed of to the final processing site.Based on the description above, the issues that will be discussed are how to apply sanctions to violations of waste management permits and what are the legal consequences if sanctions are not applied to violations of waste management permits. The research used in this paper is normative legal research.The results of the research show that the government issued a Waste Management Law, in the law it states that everyone who carries out waste management business activities must have a permit from the local government. The Regional Regulation explains that everyone who carries out waste management business activities must have a permit from the regional head according to their authority. Law Number 18 of 2008 concerning Waste Management Article 17 paragraph (1), (2), (3). Ambon Mayor Regulation Number 39 of 2018 concerning Enforcement of Administrative Sanctions Against the Granting of Waste Management Permits. Article 2 paragraph (1). Regional Regulation Number 11 of 2015 concerning Waste Management Article 32 (1), (2), (3). The Ambon City Government issued Ambon Mayor Regulation Number 39 of 2018. As in the General Hospital in Tulehu and Siloam Hospital. The permit granted to Siloam Ambon Hospital for waste management seems to have not been implemented properly in accordance with the existing permit, there is a violation in the waste disposal process where waste originating from the hospital is dumped into the sea. Meanwhile, the General Hospital in Tulehu disposes of waste carelessly.

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

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.

Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions Pattipawae, Dezonda Rosiana; Abdullah, Abdullah; Salmon, Hendrik; Lainsamputty, Natanel
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.730

Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body

Penerapan Disiplin Pegawai Negeri Sipil Di Pengadilan Negeri Ambon Ely, Hesty Kusumaningsy; Nirahua, Salmon Eliazer Marthen; Pattipawae, Dezonda Rosiana
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10678

Introduction: The position of civil servants has a strategic role in governance. Civil servants as an instrument of government are very central because they carry and carry out components of government regulations and policies to realize the goals of the state. In order to effectively prevent the occurrence of irregularities in the implementation of duties or violations of the behavior of court officials, it is necessary to carry out continuous supervision and guidance by each direct superior to his subordinates. Purposes of the Research: to review and analyze the implementation of Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants at the Ambon District Court. Methods of the Research: normative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials and secondary legal materials. The problem approach used in this study is the statutory approach, and the conceptual approach. Results of the Research: Discipline violations are any words, writings, or actions of civil servants that do not comply with their obligations and/or violate the prohibition of civil servant disciplinary provisions. In November 2021 one ASN PN Ambon disobeyed obligations and violated the prohibition on civil servant disciplinary provisions both carried out inside and outside working hours by using Office Cooperative money and other deductions that were taken intentionally to be used to play online gambling and used to fulfill needs the day-to-day family according to the reasons conveyed by the civil servant, the husband of the civil servant stated that the money taken by his wife was not to meet the daily needs of the house.

Pengawasan Terhadap Penyelenggaraan Pemilihan Kepala Desa Tuasalamony, Muhammad Zarkasyi; Pattipawae, Dezonda Rosiana; Nirahua, Graciano
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.14823

The election of the Village Head is direct, general, free, secret, honest and fair. So, in order to realize democratic village head elections, supervisory institutions are required to carry out supervision in accordance with their authority in village head elections. However, there were findings of violations in the implementation of village head elections, namely procedural inconsistencies in receiving registration documents for prospective village head candidates and a number of voter lists were still considered invalid. This research raises two problems, namely how to supervise the implementation of village head elections and the form of supervision of village head elections. The research method used in this writing is a normative juridical research method with a statutory approach and a conceptual approach. The results of this research can be concluded that supervision of democratic Village Head elections can be carried out in accordance with the guidelines for simultaneous village head elections through a monitoring mechanism, in this case the election supervisor checks the completeness, correctness, accuracy and validity of documents as well as the number of vote counts which are the object of supervision. at every stage of holding village elections, and the most effective form of supervision applied in holding Village Head elections is the form of repressive supervision in the form of inquiry and investigation, temporary suspension of vote counting, reporting and follow-up, as well as confiscation and freezing of vote counting results.

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

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.

Penegakan Hukum Terhadap Pelanggar Penggunaan Kendaraan Dinas Sari, Aswinda Nilam; Pattipawae, Dezonda Rosiana; Saija, Vica Jillyan Edsti
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 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.v1i2.10113

Law Enforcement supervision of violators of official vehicle users by government officials is carried out based on the principle of decentralization where the Central Government fully delegates to Regional Governments to follow up or manage their respective regions. Any State/regional losses due to negligence, misuse or violation of law on the management of State/regional property are resolved through claims for compensation in accordance with laws and regulations. In responding to and avoiding the misuse of official vehicle facilities by government officials, it is necessary to supervise the use of official vehicle facilities. Supervision carried out on official vehicle facilities is intended so that government officials are aware of their responsibilities as servants of the state and society and do not attach importance to personal interests. The legal issues in writing are, first; What is the function of Government supervision of official vehicles ?. second; How are sanctions applied to violators of the use of official vehicles by government officials? The type of research used is Normative juridical research using a problem approach, namely a statutory approach and a concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature research with legal material analysis techniques is qualitative. Based on the results of research that violations of the use of official vehicle functions are still often encountered, due to the use of official vehicles are often used outside official interests. Violation of regulations and abuse of authority because it is not in accordance with the use and function of the official vehicle itself based on Government Regulation Number 28 of 2020 on Amendments to Government Regulation Number 27 of 2014 concerning Management of State/Regional Property and in accordance with Government Regulation Number 94 of 2021 concerning Civil Servant discipline. Government officials who misuse official vehicles may be penalized. Any party that causes losses to the State/Region for personal interests or for interests outside the functions of the position and service that can result in state/regional losses, may be given administrative sanctions and criminal sanctions.

Kewenangan Pembimbing Kemasyarakatan dalam Melakukan Diversi Pra Ajudikasi (Studi pada Balai Pemasyarakatan Kelas II Ambon) Nusaly, Angelina Imanuela Debby; Pattipawae, Dezonda Rosiana; Tuhumury, Carolina
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11192

The criminalization of children who commit criminal offenses requires a community research report from the Correctional Center, which in this case is made by the Community Supervisor as regulated in the provisions of article 1 number 13 of Law No. 11 of 2012 concerning SPPA. One of the cases handled by the Community Supervisor is a case of persecution, based on police report Number B/113VII/1019/Reskrim. The client underwent an examination process at the Ambon Island and Lease Islands police station for allegedly committing the crime of persecution as referred to in Article 170 paragraph (1) of the Criminal Code (KUHP). The purpose of this research is to ask for consideration or advice from the Community Supervisor after the criminal offense is reported and the Community Supervisor is also not involved in the diversion process at the investigation stage. This Research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials. This research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials.The result and discussion shows that the authority to determine Diversion is given to law enforcement officials handling children's cases,Community Research from the Investigator as stipulated in Article 28 of Law No. 11 of 2012 concerning SPPA. After the Community Supervisor conducts the research, the results of the community research will be given to the Investigator. If the Investigators do not ask for consideration or advice from the Community Supervisor in the attempted diversion process, it can be said that the diversion process at the investigation stage is null and void.

Tanggung Jawab Pengusaha dan Bentuk Perlindungan Hukum Terhadap Pekerja yang Dipekerjakan Melebihi Jam Kerja Lembur Sunaryo, Hanavia Rahma; Pattipawae, Dezonda Rosiana; Kuahaty, Sarah Selfina
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11209

Employers have employed workers in excess of the overtime work hours determined by law with the aim of reaping greater profits while the rights of workers during overtime are set aside. purposes of the research analyze and discuss the responsibility of employers or employers for excess overtime hours imposed and to find out the forms of legal protection for workers employed in excess of the overtime hours prescribed by law. Methods of the research this type of research uses normative juridical methods, with qualitative processing and analysis of legal materials. Results of the research that approving an employment relationship above a deviation in overtime working hours based on laws and regulations is considered to have negated one of the elements of the employment agreement. The employer must be responsible for providing the rights of workers and bear everything that arises as a result of the actions taken. Then, to protect workers from deviations and violations of rights, legal protection is carried out through education and socialization of labor law instruments to workers and employers / employers as well as through the authority of supervisory institutions that will act to prevent and overcome labor violations.

Tanggung Jawab Pengusaha Terhadap Pekerja Upah Harian Solissa, Harold Imanuel; Pattipawae, Dezonda Rosiana; Matitaputty, Merlien Irene
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.21517

Daily wage employment is a common form of employment, particularly in the informal and labor-intensive sectors. However, in practice, daily wage workers are often in a legally and economically vulnerable position. Uncertain employment status, minimal legal protection, and limited access to basic labor rights are fundamental issues. Therefore, it is important to examine the legal responsibilities of employers towards daily wage workers. Based on the description above, the issues to be discussed are: what are the forms of employer responsibility towards daily wage workers and what are the legal consequences if employers fail to pay daily wage workers. The method used to analyze and discuss this issue is normative. The results of this study indicate that, legally, employers have an obligation to guarantee the rights of daily wage workers, including providing a living wage, occupational safety and health, working hours according to regulations, and participation in social security programs. However, in practice, many employers still fail to fulfill these obligations optimally due to weak supervision, poor legal understanding, and a lack of enforcement of sanctions. Therefore, it is necessary to strengthen the labor inspection system, increase legal education for employers and workers, and update policies that are more responsive to the protection of daily workers.

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