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All Journal KADARKUM: Jurnal Pengabdian Kepada Masyarakat TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum Bacarita Law Journal LUTUR Law Journal PATTIMURA Law Study Review CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Pietersz, Jemmy Jefry
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

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Rangkap Jabatan Anggota Dewan Perwakilan Daerah Republik Indonesia Nusa, Jenian P; Pietersz, Jemmy Jefry; Piris, Hendry John
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.v2i1.13679

Abstract

ABSTRACT: According to Law Number 17 of 2014 as amended in Law Number 14 of 2014 concerning MD3, specifically Article 302 paragraphs 1 and 2 states that DPD members are prohibited from holding concurrent positions if the position in question is as another state official or as a leader. Organizations financed by the State Revenue Budget/Regional Revenue Budget. The problem that then emerged was that there was a case that occurred in a DPD member who held the same position as leader of a political party, so this clearly violated the regulations regarding the DPD being prohibited from holding concurrent positions. For this reason, the implementation of the practice of holding multiple positions by DPD members as leaders of political parties is not in accordance with Law Number 17 of 2014. The aim of this research is to find out and analyze the dual position of a DPD member as a political party leader. The research used in this paper is normative legal research. The results of this research explain that the dual positions held by DPD members are contrary to statutory regulations which ignore Article 302 paragraphs 1 and 2 of Law Number 17 of 2014 as amended in Law Number 14 of 2014 concerning MD3 regarding the prohibition of holding multiple positions for DPD members and the legal consequences of holding multiple positions for DPD members as leaders of political parties. They will be dismissed in accordance with the regulations that apply to DPD members who hold multiple positions.
Dampak Lingkungan Hidup Dalam Pemberian Persetujuan Lingkungan Koedoeboen, Yeremia Puja Hua; Pietersz, Jemmy Jefry; Saija, Vica Jillyan Edsti
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.v2i1.13681

Abstract

ABSTRACT: One of the important instruments in environmental management is permits. Licensing in an environmental context is referred to as an environmental permit. Environmental permits are understood as an important element in efforts to control activities and/or businesses so that the environment does not suffer a detrimental impact. In order to fulfill administrative activities to obtain environmental approval, there are documents that must be fulfilled, namely, AMDAL or UKL -UPL. After fulfilling one of these conditions, an environmental permit will be issued by the Minister, Governor, or Regent/Mayor in accordance with their authority by including the requirements contained in the environmental feasibility decision document or UKL-UPL recommendation. The research method used in this writing uses normative juridical research, where this type of research is analytical. The sources of legal materials used are primary and secondary legal materials. The collection technique is through literature study and then analyzed through descriptive methods. To obtain environmental approval, there are several conditions that must be met, one of which is through the ANDAL and RKL-RPL addendum. ANDAL is used as a careful assessment of the impact of an activity. ANDAL aims to analyze an activity that has the potential to have an impact on the environment, which will also become an important point in making decisions regarding permits for an activity. So it can be concluded that ANDAL is also the most important part of granting environmental approval.
Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Simamora, Van Basten; Pietersz, Jemmy Jefry; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19721

Abstract

Land procurement is the process of providing land for development purposes by offering fair and just compensation to the entitled parties. The land acquisition process is carried out through the relinquishment of rights by the landowner to the institution that requires the land. In an effort to ensure land availability, the government often has to take land from the community for the smooth progress of development for the public good. This is due to the limited land owned by the government, but in its implementation, such actions should not harm the landowners. Therefore, the government is obliged to provide appropriate and fair compensation, so as to support the improvement of the community's quality of life. The purpose of this research is to evaluate and analyze the legal protection provided to certificate holders related to land acquisition conducted by the government for public interest. The method used in this research is normative juridical with a descriptive-analytical research type, relying on primary, secondary, and tertiary legal sources. The analysis of legal materials is conducted using appropriate analytical methods. The results of the research on legal protection for certificate holders of ownership rights in land acquisition for development aimed at public interest show that the regulations and legal protection related to compensation for land rights holders are governed by Article 33 paragraph 1 of the 1945 Constitution, Article 24H paragraph 4 of the 1945 Constitution, the Basic Agrarian Law No. 5 of 1960, and Law No. 2 of 2012 on Land Acquisition. If an agreement on compensation cannot be reached between the landowner and the party requiring the land, the compensation will be deposited in the local district court through a judicial process known as consignment. In the implementation of consignment, it is important to prioritize the Principle of Caution and the Principle of Respect for the Rights of Former Land Rights Holders in accordance with Presidential Regulation Number 39 of 2023, which amends Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Public Interest.
Penetapan Mata Rumah Parentah Dalam Sistem Pemerintahan Adat Sarimanella, Welfri; Pietersz, Jemmy Jefry; Nirahua, Garciano
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.23116

Abstract

The king of a traditional country is usually appointed and elected directly by the traditional community of the traditional country, usually there is one or more clans (fam) that are descendants of the king (mata ruma parenta). With the issuance of Ambon City Regional Regulation Number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of the Country Government (hereinafter referred to as Regional Regulation no. 10 of 2017), the traditional community through the Saniri Negeri determines the mata rumah parentah and is made in a country regulation. The research method used is normative legal research. The normative legal research method is a library legal research conducted by examining library materials or secondary data. This research was conducted in order to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject of Language. The use of legal material sources consists of primary and secondary legal materials to discuss the formulation of the problem. The results of the study show that: (1) the determination of the house of the panrentah has been in accordance with the laws and regulations as per the Ambon City Regional Regulation Number 10 of 2017 concerning the appointment, election, inauguration and dismissal of the head of government. Which is procedurally implemented by the Saniri Negeri through a voting system. This system has also been regulated in the Central Maluku Regency Regional Regulation Number 04 of 2006 concerning guidelines for organizing the Saniri Negeri or the State Deliberative Body; (2) Law as a regulation of human behavior that is mandatory and must be obeyed. The legal consequences if the determination of the house of the parentah in a traditional country is the postponement of the election of the candidate for head of the state government (King).
Co-Authors Adonia Ivone Laturette Andress Deny Bakarbessy Bugis, Indiyani Ely, Maya Wulandari Garciano Nirahua Gaspersz, Delvin Hilda Hilda Ibrahim, Nurmela Koedoeboen, Yeremia Puja Hua Kuahaty, Sarah Selfina Latekay, Marlon Latupono, Barzah Londa, Claria J Lumintang, Junior Alvaro Nazario Mahulette, Abraham Julius Albert Mangawe, Darmawan Arung Pryantomo Matitaputty, Merlien Irene Meute, Anjelin Melna Adriana Muhammad Irham Mustamu, Julista Nendissa, Renny Heronia Nirahua, Garciano Nirahua, Salmon Eliazer Marthen Nusa, Jenian P Panigfat, Ibnu Arradzie Pattipawae, Dezonda Rosiana Picauly, Benjamin Carel Piris, Hendry John Ronny Soplantila Rugebregt, Revency Vania Salasiwa, Niklas Saptenno, Marthinus Johanes Sarimanella, Welfri Sedubun, Victor Juzuf Sihite, Marni G Sikafir, Beregita Lidiana Simamora, Van Basten Soenarjo, Raimondo Delly Jones Soplanit, Miracle Soselisa, Dodi L K Talaksoru, Derek Uktolseja, Novyta Vica Jillyan Edsti Saija