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All Journal Unes Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA Jurnal Suara Hukum TATOHI: Jurnal Ilmu Hukum PATTIMURA Law Study Review CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Soplanit, Miracle
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Penyelenggaraan Urusan Pemerintahan Daerah Berciri Kepulauan (Kajian Terhadap Pelayanan Administrasi Kependudukan di Kabupaten Maluku Tengah) Alfons, Sartje Sarah; Soplanit, Miracle; Bakarbessy, Andress D
Jurnal Pembangunan Hukum Indonesia Volume 6, Nomor 1, Tahun 2024
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v6i1.18-34

Abstract

Masalah pelayanan administrasi kependudukan di wilayah bercirikan kepulauan seperti di Kabupaten Maluku tengah, menjadikan masyarakat kesulitan untuk mendapatkan layanan pengurusan administrasi kependudukan seperti pengurusan KTP dan administrasi kependudukan lainnya. Tujuan penelitian ini adalah untuk melakukan analisis terhadap penyelenggaraan pemerintahan dalam pelayanan administrasi kependudukan di daerah yang berciri kepulauan. Metode penelitian adalah penelitian hukum normative. Hasil penelitian menunjukkan bahwa penyelenggaraan pemerintahan di kabupaten Maluku Tengah terkait pelayanan administrasi kependudukan masih terkendala karena pengurusan data kependudukan Masyarakat harus ke ibu kota kabupaten, karena wewenang kecamatan hanya sebatas perekaman data kependudukan. Pengurusan pencetakannya harus ke ibu kota kabupaten di kota masohi, yang jarak menuju ibu kota kabupaten sangat jauh sehingga untuk mendapatkan data administrasi kependudukan membutuhkan pembiayaan yang sangat besar. Perlu desain alternatif kebijakan yang dapat mendukung kelancaran penyelenggaraan pemerintahan di bidang pelayanan data administrasi kependudukan dengan cara melimpahkan kewenangan bagi kecamatan, pembentukan UPTD Disdukcapil di kecamatan, demi terwujudnya keserasian dan keseimbangan hubungan negara dan warga masyarakat.
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
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".
Legal Protection for Salak Riring as a Geographical Indication Raihan, Muhammad; Berlianty, Teng; Soplanit, Miracle
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i11.2842

Abstract

Introduction: Registration of geographical indication protection of Salak Riring in West Seram Regency will popularize the area as a producer of quality salak fruit, increase sales, and contribute to local economic growth. This protection also provides legal certainty for producers, protecting the product from counterfeiting and misuse. Salak Riring, also known as Salak Merah, has been recognized as a superior commodity of West Seram Regency, Salak Merah received an award in the form of a Certificate from the Minister of Agriculture of the Republic of Indonesia Number 454/KPTS/PD.210/9/2003, and was designated as a national superior variety due to its distinctive botanical characteristics and high economic value.Purposes of the Research:  The purpose is to examine and explain the legal protection of Salak Riring as a geographical indication.Methods of the Research: The research method used is normative juridical, which examines legal materials such as laws and regulations, legal theories, and opinions of scholars in order to solve the problems studied.Results of the Research: The results of this study show that the legal protection of Salak Riring as a geographical indication has a significant economic impact on the people of Riring Village in West Seram. The registration of Salak Riring provides legal protection and certainty to the community in production and marketing, and protects against counterfeiting or misuse. Salak Riring as one of the geographical indication products with special characteristics, makes legal protection a must to maintain the sustainability of quality production and sales.
Politik Hukum Pemakzulan Presiden Di Indonesia Irham, Muhammad; Soplanit, Miracle
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.v3i1.1221

Abstract

The term of office of the President in a presidential system is a fixed term of five years and cannot be dropped during his term of office. The legal politics of the presidential impeachment process prior to the amendment of the 1945 Constitution did not have a clear mechanism to impeach the president. The impeachment of the president is determined by the procedures and political power in the People's Consultative Assembly (MPR). This is a problem in the presidential system, because there is no legal process for impeaching the president. After the amendment to the 1945 Constitution, the concept of impeachment of the president was based on the idea of a presidential system, where the president cannot be dismissed only through a political process, but there must be a legal process first. Therefore, this article will explain how the dynamics of legal politics in the process of regulating the impeachment of the president in Indonesia in the 1945 Constitution. The research method used is normative juridical. From the analysis that the author did, it was found that the political aspirations of the impeachment arrangement of the president want the dismissal of the president no longer based on political interests, but must go through legal reasons and through the legal process, as a form of embodiment of Indonesia as a legal state with a presidential government system.
Pengawasan Pemerintah Daerah Terhadap Penjualan Rokok Eceran Lain, Haryani; Nendissa, Renny Heronia; Soplanit, Miracle
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3169

Abstract

Retail cigarette sales are one of the factors contributing to the increasing number of smokers, especially among teenagers and children. Although the government has implemented various regulations regarding tobacco control, particularly related to the prohibition of retail cigarette sales, the practice of retail cigarette sales is still widespread due to weak supervision.This research aims to analyze the form of supervision carried out by local governments over the retail sale of cigarettes and the legal consequences if the supervision is not conducted optimally.This writing uses normative legal research type, with an approach to legislation and a conceptual approach.The form of local government supervision over retail cigarette sales is carried out through two main approaches, namely preventive and repressive supervision. Preventive supervision includes socialization, education, and routine inspections, while repressive supervision is conducted after violations occur by imposing administrative or legal sanctions. The government's failure to supervise can lead to various legal consequences, including violations of legislation, an increase in the prevalence of novice smokers, and serious health impacts on the community. The government can be deemed negligent in performing its duties, thus potentially facing legal action. Therefore, it is important for the government to strengthen the supervision and law enforcement systems related to retail cigarette sales to protect public health and ensure compliance with applicable regulations.
Kewenangan Pemerintah Daerah Dalam Penertiban Orang Dengan Gangguan Jiwa Talaksoru, Derek; Pietersz, Jemmy Jefry; Soplanit, Miracle
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 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.v3i1.15710

Abstract

Mental disorders are conditions that require serious attention and handling by the government. Local governments have the authority to address mental health issues, but this authority still needs to be clarified and accounted for. The problem of mental disorders is a health issue that requires special and continuous handling. Local governments play an important role in ensuring effective and humane treatment of people with mental disorders (ODGJ), in accordance with applicable laws and regulations. The research method used is normative juridical. It employs problem approaches such as conceptual approaches and legal regulations approaches. The legal sources used include primary, secondary, and tertiary legal materials. The collection of legal materials is conducted through literature studies, which are then analyzed qualitatively. The research findings indicate that local governments have full authority to regulate ODGJ in public facilities; however, the implementation of policies in the field has not been optimal. This is due to the inconsistency of the government in regulating ODGJ in public facilities, a lack of trained human resources, and the negative stigma toward ODGJ in society. The study also finds that coordination among local governments, relevant agencies (such as the Social Service and Health Department), and the community needs to be improved to ensure proper and sustainable handling. Local governments also need to strengthen their capacity and coordination in the regulation and management of ODGJ.
Tanggung Jawab Pemerintah Daerah Kabupaten/Kota Dalam Memenuhi Hak Anak Terlantar Untuk Memperoleh Identitas Diri Puru, Silvia Yuniwati; Pattinasarany, Yohanes; Soplanit, Miracle
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.v2i1.11555

Abstract

A person's identity must be given from birth. Having an identity is a human right, so the State, Government and society must uphold and respect it, such as establishing rules or policies to protect the right to obtain an identity that applies to anyone. Therefore, abandoned children also have the right to have their own identity. However, in reality, it is not uncommon for abandoned children to have no identity. These problems and some of the descriptions above show that even though there are a number of laws and regulations, there are still neglected children who do not have a proper place to live or have personal identity. The explanation above underlies the problem being discussed, namely what form of responsibility the government gives in fulfilling the rights of abandoned children to obtain self-identity and what are the legal consequences if the government ignores its responsibilities in fulfilling the rights of abandoned children to obtain self-identity. This research aims to discuss, understand and analyze the form of government responsibility in fulfilling the rights of abandoned children to obtain self-identity and also to identify what legal consequences there are if the government ignores its responsibility in fulfilling the rights of abandoned children to obtain self-identity. This research uses a normative juridical method, with a statutory approach, a conceptual approach and a comparative approach between other legal systems.
PERLINDUNGAN HUKUM BAGI MASYARAKAT DALAM PELAKSANAAN PEMBATASAN SOSIAL BERSKALA BESAR DI KOTA AMBON D. Bakarbessy, Andress; Soplanit, Miracle; S. Alfons, Saartje
UNES Law Review Vol. 3 No. 3 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i3.187

Abstract

The implementation of the PSBB in the city of Ambon has received various criticisms from the public, there have been various actions by the community that have disobeyed the PSBB guardian, as well as problems with law enforcement by law enforcement officials. The purpose of the study was to examine and analyze the effectiveness of the implementation of PSBB in Ambon City and to examine and analyze legal protection for the people of Ambon City in implementing PSBB. The research method used is normative legal research. The results of the study show that: 1) The effectiveness of PSBB in Ambon city has not been implemented to its full potential. 2) legal protection for the people of Ambon city is more focused on enforcement (repressive) efforts than preventive prevention efforts.
Kewenangan Penjabat Negeri Dalam Pengangkatan Dan Pemberhentian Saniri Negeri Laha Kaba Kecamatan Telutih Kabupaten Maluku Tengah Koranelao, Abdul Latif; Nendissa, Renny Heronia; Soplanit, Miracle
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12183

Abstract

State officials took arbitrary actions in appointing and dismissing Saniri without any deliberation from each clan or soa which had the right and authority to appoint and dismiss State Saniri Central Maluku Regency Regional Regulation No. 04 of 2006 concerning Guidelines for Structuring State Saniri/Village Consultative Bodies explains in Article 19 Point 1 "State Saniri are selected based on representation in accordance with local customs, customary law and culture." This writing discusses two issues, namely: 1) Do State Officials have the authority to appoint and dismiss State Saniri in accordance with statutory regulations. 2) What are the legal consequences of Saniri's appointment by a State Official? The purpose of this research is to examine and analyze the authority of State Officials in appointing and dismissing State Saniri and the Legal Consequences of Appointing Saniri by State Officials. The method used in this research is a normative legal research method. The results of this research indicate that the delivery and dismissal of State Saniri by State Officials is not in accordance with local state customs or is contrary to statutory regulations. The Decree of the Regent of Central Maluku regarding the Appointment of State Saniri is invalid or legally flawed.
Co-Authors Alfons, Sartje Sarah Bakarbessy, Andress D Berlianty, Teng D. Bakarbessy, Andress Koranelao, Abdul Latif Lain, Haryani Mail, Syed Muhammad Huzaif Muhammad Irham Nendissa, Renny Heronia Pattinasarany, Yohanes Pattipawae, Dezonda Rosiana Pietersz, Jemmy Jefry Piris, Hendry John Puru, Silvia Yuniwati Raihan, Muhammad S. Alfons, Saartje Saartje Sarah Alfons Siletty, Yondri Souhoka, Vhanesya Claudya Talaksoru, Derek Ulahayanan, Antonius