Articles
<![CDATA[Sosialisasi Tentang Sistem Pemerintahan Adat Yapio Patai di Elpaputih, Kabupaten Seram Bagian Barat ]]>
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Picauly, Benjamin Carel]]>;
<![CDATA[Saija, Vica Jillyan Edsti]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/aiwadthu.v4i1.1937
<![CDATA[Introduction: On Seram Island, there is an association of customary law communities who live in groups in a certain form, known in the Wemale language as "Yapio Patai". Yapio means looking, and seeing, while Patai means fellowship. Yapio Patai is a form of customary law community association consisting of 38 families/clans. This alliance has not been regulated in the current village/state government system based on statutory regulations.Purposes of Devotion: The purpose of this article is to convey the results of socialization which is the result of previous research, that Yapio Patai can be categorized as a Fam/Clan Confederation. Method of Devotion: This activity was carried out using the method of socializing the law to the public based on the results of previous research by the team, which was carried out empirically.Results of the Devotion: The results of the service show that Yapio Patai is still accepted by the people of the Yapio Patai alliance as a form of traditional government that continues to live and function amid the alliance. The existence of Yapio Patai is a fam/clan confederation consisting of 38 fam/clans, which still exist even though they are spread across 7 hamlets or villages.]]>
<![CDATA[Tanggung Jawab Pemerintah Desa Dalam Bidang Pendidikan Di Desa Lutur Kecamatan Aru Selatan Kabupaten Kepulauan Aru ]]>
<![CDATA[Sihite, Marni G]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal ]]>
Publisher : <![CDATA[Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency ]]>
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DOI: 10.30598/bacarita.v3i2.8404
<![CDATA[The study aims to determine the responsibility of the village government in the field of education in Lutur Village. Normative legal research on village government or what is commonly referred to as the village head is supported by village officials as one of the elements of village government administration. The village head is a village official who has the authority, obligations and responsibilities to manage his village. Details of the position, duties and function of these community leaders based on domestic regulation number 84 0f 2015 as stipulated in article 6 the village administration who leads the administration of the village. The formulation of the problem to answer this question above is first whether the village government is responsible in the filed of education, seond what are the legal consequences does not carry out its responsibilities. The method used is normative law based on research conducted, the village government is responsible for carrying out development in the filed of education and is legally following.]]>
<![CDATA[Tanggung Jawab Pemerintah Terhadap Perlindungan Satwa Liar Di Kabupaten Kepulauan Aru ]]>
<![CDATA[Bugis, Indiyani]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Rugebregt, Revency Vania]]>
<![CDATA[ Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal ]]>
Publisher : <![CDATA[Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency ]]>
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DOI: 10.30598/bacarita.v4i1.9241
<![CDATA[Protected animals are animals that are protected by public authorities or the government. Therefore, the local community cannot take actions that violate the provisions set by the public authorities for these wild animals. Basically, Indonesia is an archipelagic country which is famous for its diversity of endangered species protected by public authorities and is also an environment for endemic creatures, which means that it has its own characteristics in each area and cannot be found in other areas. Legally the government's efforts to protect wild animals from the threat of extinction are carried out by issuing the previously mentioned laws and regulations, namely Law Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems, followed by the enactment of Government Regulation Number 13 of 1994 concerning Hunting for Wildlife, Government Regulation Number 68 of 1998 concerning Nature Reserve Areas and Nature Conservation Areas, and Government Regulation Number 7 of 1999 concerning Preservation of Plant and Animal Species, as well as Government Regulation Number 8 of 1999 concerning Utilization of Plant and Animal Species. With clear rules, law enforcement can work more effectively to protect animals, especially wild animals.]]>
<![CDATA[Kewenangan Polisi Perairan Dan Udara Di Wilayah Perairan Kabupaten Kepulauan Aru ]]>
<![CDATA[Soenarjo, Raimondo Delly Jones]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Mustamu, Julista]]>
<![CDATA[ Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal ]]>
Publisher : <![CDATA[Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency ]]>
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DOI: 10.30598/bacarita.v4i2.9338
<![CDATA[It is necessary to carry out the authority of law enforcement in the seas and waters of Indonesia, especially in the Aru Islands Regency. This is considered important because the territorial waters of the Aru Archipelago Regency are cross-shipping and various crimes often occur, namely illegal fishing and illegal logging. This is a challenge for the regional government and even law enforcement for the Air and Water Police Unit. The purpose of this paper is to know and analyze the regulations regarding law enforcement in the territorial waters of the Aru Islands Regency and the authority of the Water Police in law enforcement in the Aru Islands Regency Territorial Waters. This research method uses a normative type of research using a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials. The results showed that in law enforcement arrangements in the waters there is often overlap in the main tasks and functions of each law enforcement apparatus at sea. However, regulation of law enforcement in the territorial waters of the Aru Islands Regency is a must in maintaining the integrity of the national defense and especially for the welfare of the community in a sustainable manner, considering that the marine and fishery resources in the marine area of the Aru Islands Regency have high economic value. so that the authority of the Satpolair as the executor of the preventive and repressive functions of the police in law enforcement in the territorial waters carries out water patrols and takes action against violations that occur in the territorial waters. However, there are still several law enforcement mechanisms that need coordination between related agencies so that law enforcement can be carried out in accordance with the applicable mechanism.]]>
<![CDATA[Fungsi Dewan Perwakilam Rakyat Dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[Sikafir, Beregita Lidiana]]>;
<![CDATA[Nirahua, Salmon Eliazer Marthen]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2052
<![CDATA[Introduction: Article 1 paragraph 3 of the Republic of Indonesia Constitution provides legal guarantees. The Indonesian state in its government system has developed in terms of state institutions which we usually know as decentralization, the presence of the DPRD as a legislative institution or people's representative institution has the task of regulating regional government. Law Number 23 of 2014 concerning Regional Government, the DPRD has duties and authorities at the provincial and district/city levels, one of which is forming regional regulations.Purposes of the Research: This study aims to etermine the whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out by the DPRD.Methods of the Research: This study use normative juridical research, which to find out whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out the DPRD.Results of the Research: unction forming regional regulations as obligation of the DPRD is regulated in Law No. 23 of 2014 concerning Regional Government. in making regional regulations, authority is given by Bapemperda whose authority regulated by Article 52 PP No. 12 of 2018 concerning Guidelines for Preparing Provincial, Regency, City DPRD tatips. Bapemperda in exercising its authority to form regional regulations is outlined in the Propemperda. The authority given by this law is expected that the DPRD can understand its function an obligation. Among them is the function of forming regional regulations as an obligation of the DPRD. legal consequences for the DPRD not carrying out the function of forming regional regulations based on the problems raised by the author are that there are legal sanctions for the DPRD.]]>
<![CDATA[Presidential Threshold Dalam Sistem Pemilihan Presiden dan Wakil Presiden di Indonesia ]]>
<![CDATA[Soselisa, Dodi L K]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.1362
<![CDATA[Introduction: With the presidential threshold setting in the current election law, it has limited the constitutional rights of political parties as stipulated in Article 6A paragraph (2) of the 1945 Constitution. The crisis over the constitutional rights of political parties. Purposes of the Research: Knowing and Analyzing the Presidential Threshold is a limitation on the constitutional rights of political parties.Methods of the Research: The research method used is juridical-normative, the legal materials used are primary and secondary using the following approaches: (i) statutory approach; (ii) contextual approach, (i) comparative approach; (iv) case approach and (v) historical approach.Results of the Research: The results of the study show that the Presidential Threshold setting in the Election Law is a limitation on the constitutional rights of political parties. Because if you look at the full design of Article 6A of the 1945 Constitution in the original intention, no statement or discussion is found that directly alludes to the implementation of the presidential threshold provision.]]>
<![CDATA[Penegakan Hukum Administrasi Terhadap Penerbitan Izin Lingkungan Kegiatan Budidaya Tanaman Perkebunan Pala Intercroop Kakao Di Kabupaten Seram Bagian Barat ]]>
<![CDATA[Latekay, Marlon]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Sedubun, Victor Juzuf]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v3i9.1954
<![CDATA[Introduction: Issuance of environmental permits by the West Seram Regency Government without supervision has resulted in non-compliance with environmental permits which has resulted in environmental damage.Purposes of the Research: This writing aims to examine and analyze the Authority of the West Seram Regency Government in supervising the Decree of the West Seram Regent Number 525-456 of 2017 concerning Environmental Permits for the Cultivation of Nutmeg Intercroop Cocoa Plantations, to study and analyze what administrative sanctions can be given West Seram Regency Government regarding violations of environmental permits. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results of the study show that the authority to issue environmental permits by the West Seram Regency Government can automatically become an obligation for the West Seram Regency Government as the issuer of environmental permits to supervise environmental permits issued by the West Seram Regency Government, administrative sanctions that can be imposed by the Government West Seram District to violators of environmental permits is, written warning, government coercion, freezing of environmental permits and revocation of environmental permits.]]>
<![CDATA[Pemilihan Kepala Desa Adat Dalam Pemilihan Kepala Desa Serentak ]]>
<![CDATA[Ibrahim, Nurmela]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i2.2131
<![CDATA[Introduction: Due to the provisions of the law on simultaneous Village Head Elections, West Seram Regency, located in Maluku Province, is one of the districts that carry out Village Head Elections simultaneously in accordance with Regional Regulations.Purposes of the Research: 1 To analyze and find out the legal basis for the election of the Traditional Village Head in simultaneous village elections. 2. To analyze and find out the legal consequences of the election of traditional village heads which were carried out in simultaneous village head elections.Methods of the Research: The research used by the author is a normative juridical type of research, with a statutory approach and a conceptual approach. The data sources used to analyze and discuss the issues under study are secondary, primary and tertiary data sources, then legal materials obtained. Procedures for collecting legal materials and methods for analyzing legal materials.Results of the Research: Based on research obtained by Regional Regulation of West Seram Regency Number 11 of 2019 concerning Villages which stipulates that in West Seram Regency there are 92 villages This shows that there is no customary village before the simultaneous Pilkades are held according to the Village Law, it is better if the 92 villages in West Seram Regency are categorized as customary land and which are not, To answer this, the West Seram Regency Government should have ratified the legal product of the Regional Regulation on Indigenous Land.]]>
<![CDATA[Keabsahan Pemilihan Ulang Dalam Pemilihan Kepala Desa Serentak ]]>
<![CDATA[Meute, Anjelin Melna Adriana]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Irham, Muhammad]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i1.2121
<![CDATA[Introduction: There is no regulation explaining the re-election of village heads.Purposes of the Research: The purpose of this study is to find out and analyze the arrangements for re-election of simultaneous village head elections, to find out and analyze the legitimacy of re-election arrangements for simultaneous village head electionsMethods of the Research: This research used normative research method.Results of the Research: The results of the study, it was found that re-election was not regulated in Indonesian legislation even though there were settlement disputes which culminated in the process of resolving village head elections to legal remedies and the validity of re-election was invalid, if fraud and injustice were found in village head elections and carried out based on the applicable statutory provisions, so that there must be arrangements regarding re-election.]]>
<![CDATA[Sanksi Administrasi Dalam Surat Edaran ]]>
<![CDATA[Ely, Maya Wulandari]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v4i2.10671
<![CDATA[Introduction: The phenomenon of ministerial circulars in the hierarchy of laws and regulations in Indonesia has never been concretely embodied in the order of laws and regulations. This was caused by the debate over the ministerial circular letter, whether the circular letter was included in the category of regulation (regeling) or stipulation (beschiking). The essence of a Circular Letter is part of a policy regulation that contains notifications or explanations or technical instructions for carrying out a matter and only applies internally to government organizations, is not regulatory and applies outwardly and binds the general public like a statutory regulation. Circulars are informative in the implementation of certain government affairs Purposes of the Research: The objectives of this study are: To study and analyze the content of Administrative Sanctions in Circulars and To study and analyze the Legal Power of Circulars that have Administrative Sanctions Methods of the Research: This research is normative juridical. Library materials are the basis for research (knowledge) classified as secondary data. The secondary data intended in this study are in the form of personal letters, books, official documents, literature, scientific papers and laws and regulations to complete this writing. Results / Findings / Novelty of the Research: Research shows that although the existence of a Circular Letter as an informative official document in an internal government organization is made by a superior official to a subordinate official to carry out a certain government affair, a Circular Letter can also contain Administrative Sanctions whose legal force is in Law Number 30 2014 concerning Government Administration]]>
