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Penegakan Hukum Administrasi Terhadap Pengusaha Yang Tidak Membayar Upah Pekerja Yang Diskorsing Pada Proses Pemutusan Hubungan Kerja Dalam Penyelesaian Perselisihan Hubungan Industrial Londa, Claria J; Pietersz, Jemmy Jefry; Soplantila, Ronny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2497

Introduction: Employers can take action to suspend workers/laborers who are in the process of being laid off by continuing to pay wages and other rights that workers/laborers usually receive.Purposes of the Research: To analyze the absence of supervision and the imposition of administrative sanctions, triggering the non-compliance of employers related to the obligation to pay workers' wages while suspended.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical. The problem studied in this research is regarding the government's authority to supervise and provide administrative sanctions to employers who do not pay wages for suspended workers.Results of the Research: The research results show that the government has the authority to carry out supervision and provide administrative sanctions to employers who do not pay the wages of suspended workers based on data from the Manpower Service and the results of supervision carried out by labor inspectors.

Penataan Desa Adat di Kota Ambon (Legitimasi Status Negeri Secara Nasional) Lainsamputty, Natanel; Soplantila, Ronny; Nirahua, Graciano
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.v3i2.1617

Ambon City is the capital city in Maluku Province which has a customary law community unit called the Country, in the Village Law regulations it is obligatory to organize villages into traditional villages and villages. Determination of State in Ambon City with Regional Regulation No. 9 of 2017, if viewed from the applicable laws and regulations, the determination is not in accordance with the applicable regulations, where there must be legitimacy through the code or the Traditional Village Register Number. According to the procedure, before the determination of customary villages and villages is carried out, it is necessary to determine the recognition and protection of customary law communities, because that is a requirement for being designated as a traditional village. The research method used in this paper is normative research with a statutory approach as data primary as well as by using concepts, theories as library materials which are secondary data to analyze the issue of determining the Traditional Village in Ambon City. The results of this study indicate that until now the status of the State in Ambon City is still unclear and must be adjusted to the applicable regulations.

Implikasi Putusan Mahkamah Konstitusi No 91/PUU-XXVIII/2020 Terhadap Pemenuhan Hak Pekerja Waktu Tertentu Soplantila, Ronny
Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i1.1223

After the enactment of Law No. 11 of 2020 Concerning Job Creation, there are several changes regarding the provisions of work agreements for a certain time, including changes to the period, extension and renewal of work agreements and compensation money, the workers disagree and reject this so they submit a Judicial Review to the Constitutional Court. Finally it was granted by the Constitutional Court with the issuance of decision Number 91/PUU-XVIII/2020 which stated that the formation of a work copyright law does not have conditionally binding legal force as long as it does not make changes within 2 years or in other words this decision is conditionally unconstitutional. Of course this will have an impact on workers related to legal certainty and in particular for the guarantee of the fulfillment of rights for workers. This type of research is normative legal research using the approach of statutory regulations, legal principles and expert opinion. Special attention is needed from the government, in this case legislators, to immediately make changes to the Job Creation Law, where it is hoped that these changes can accommodate the aspirations of workers

OMNIBUS LAW SEBAGAI STRATEGI PENATAAN REGULASI PERTANAHAN Lainsamputty, Natanel; Soplantila, Ronny; Hetharie, Yosia
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.v1i1.434

The Indonesian government has gone through government regimes ranging from the Old Order to the Reformation Order to date which also has an impact on statutory provisions including land policies which are constantly changing and causing overlapping of various regulations as one of the triggers for land conflicts. In order to overcome the overlapping issue of land regulations, a new breakthrough was born through the concept of the Omnibus Law from the government as a strategy and solution for structuring land regulations. Through the Omnibus Law concept, it is hoped that it can resolve land conflicts due to overlapping regulations quickly, precisely and efficiently, and can organize and harmonize various land regulations from the central to regional levels. With the effective and efficient arrangement of land regulations, it will support the improvement of the investment climate in Indonesia.

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

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.

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

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).

Perlindungan Hukum Terhadap Anak Jalanan Di Kota Ambon Argubie, Jofan Junior; Mustamu, Julista; Soplantila, Ronny
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.v4i1.1912

Law Number 35 of 2014 concerning Child Protection guarantees and protects children and their rights to get fulfillment, including street children. In the Ambon City Regional Regulation Number 23 of 2017 article 1 Number 54 letter I states that the government is obliged to provide protection, one of which is for street children from all forms of violence and discrimination. However, in reality what happened, the government, in this case the city service, has not optimally provided protection for street children in fulfilling the rights of street children as a child. This writing aims to analyze and discuss forms of legal protection for street children in the city of Ambon The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The authority to supervise and protect street children in Ambon city is the responsibility of the city government, in this case the Ambon City Social Service in accordance with Ambon City Regional Regulation No. 23 of 2017 concerning the Implementation and Handling of People with Social Welfare Problems to provide supervision and protection, one of which is for street children in the city. ambon. The form of legal protection for street children in the city of Ambon is carried out in a repressive way where street children are given sanctions when raids are carried out on these street children who are then sent home without any other effort in fulfilling the rights of street children whose square is as a child. Thus the city government, in this case the social services, should make various efforts to help fulfill the rights of street children, one of which is facilitating street children in Ambon city by creating a music school for street children and accommodating them in places provided by the government to show their talents. .

The Rights of Indigenous Law Communities in Forest Management in the West Seram Regency: A Perspective of National and Customary Law E.M., Nirahua Salmon; Nirahua, Garciano; Soplantila, Ronny
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8691

Recognition of indigenous legal communities as legal subjects with rights over their territories and natural resources is a constitutional mandate, as stipulated in Article 18B, paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In West Seram Regency, indigenous legal communities have a traditional governmental structure that manages customary forests as part of the territorial domains. This article aims to analyze the implementation of the rights of indigenous legal communities in forest management from a constitutional perspective and local practices. The research method used is a juridical-empirical approach with data collection techniques through literature study and interviews with local leaders and regional officials. The research findings indicate that although there is a normative recognition of the rights of indigenous peoples, the implementation at the local level, especially in West Seram Regency, still faces regulatory, administrative, and political obstacles. This causes the legal status of customary forests to be unclear and vulnerable to overlap with state claims or corporate permits. Therefore, affirmative steps are needed from local governments through regional regulations and collaborative programs that strengthen the position of indigenous communities as key actors in the management of forests based on local wisdom. The local wisdom of customary law communities, accumulated throughout the history of the development of customary law communities, plays a significant role for the customary law communities and their rights, including communal land rights both in marine and terrestrial areas.Â

Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia Ru'ati, Amien; Nirahua, Garciano; Soplantila, Ronny
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Introduction: The Constitutional Court is a state institution that has judicial authority based on the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the judicial review of the 1945 Constitution by the Constitutional Court, many decisions of the Constitutional Court were not carried out by other State Institutions or Government Agencies which have the obligation to follow up and implement the Constitutional Court Decisions. If the decision of the Constitutional Court is not implemented in the Unitary State of the Republic of Indonesia, it can legally interfere with the administration of government as a result of not implementing the decision of the Constitutional Court as a State Institution that has attribution authority in the 1945 Constitution of the Republic of Indonesia. Purposes of the Research: To analyze the Executive Power of the Decisions of the Constitutional Court which are final and binding in Indonesia Methods of the Research: The type of research used in this writing is normative juridical research. Results of the Research: The results show that the Constitutional Court's decision has executive power because it is final and binding when pronounced by the Constitutional Court Judge, and the Constitutional Court's decision actually has a juridical position as law and is used as a source of law by the DPR and the Government in forming laws. related to the decision of the Constitutional Court

Legal Product Formation and Financial Management Nirahua, Salmon Eliazer Marthen; Nirahua, Garciano; Soplantila, Ronny
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2990

Introduction: The village is granted broader authority to regulate and manage the interests of the community. Therefore, a number of village regulations must be created to effectively implement this authority. The importance of these village regulations is also aimed at accelerating the realization of public welfare through improvements in services, empowerment, community participation, and enhancing regional competitiveness, while considering the principles of democracy, equity, justice, as well as the uniqueness and special characteristics of each region within the framework of the Unitary State of the Republic of Indonesia.Purposes of The Devotion: The aim of this community service activity is to enhance the knowledge and skills of the community regarding the position of regional regulations, the process of making regional regulations, and the proper implementation of village governance.Method of The Devotion: Community service is carried out using a legal counseling method that focuses on interactive presentations or seminars, so that the service is not monotonous and does not only rely on the speaker. The topics covered include the formation of regional legal products, or "Perneg," and financial management in the administration of regional governance.Results Main Findings of the Devotion: In general, participants in the community service activity are not aware that the role of regional regulations in the process of regional governance is very fundamental. This is because the process of regional governance itself is regulated in such a way in the law, where every rule or technical guideline for managing the region is already outlined in that law. Specifically, regarding the boundaries of the region and regional governance, these need to be regulated in regional regulations, as this will impact the status of the region itself.

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