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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 : Jurnal Saniri

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Kompetensi Peradilan Tata Usaha Negara Dalam Memeriksa, Mengadili Dan Memutus Perkara Nomor: 26/G/2020/Ptun.Abn Gaspersz, Delvin; Pietersz, Jemmy Jefry; Pattipawae, Dezonda Rosiana
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.v3i2.1616

Abstract

Introduction: The grace period for filing a lawsuit is conceptually aimed at ensuring legal certainty and government stability. The State Administrative Court in examining, adjudicating and deciding cases that have passed the grace period of 90 (ninety) days as regulated in Article 55 of Law Number 5 of 1986 The issues discussed are whether the State Administrative Court can accept the lawsuit which has passed the grace period and whether the State Administrative Court has the authority to examine, hear and decide on cases Number: 26/G/2020/PTUN.ABN.Purposes of the Research: provide academic input for the development of legal science, especially in the field of Constitutional Law, State Administrative Law related to the PTUN's Competence in Examining, Judging and Deciding Cases Number: 26/G/2020/PTUN.ABNMethods of the Research:  This research uses normative legal research, case approach, statutory approach and concept approach, primary, secondary and tertiary legal materials, legal material procedures using primary legal materials which are then linked to secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results of the study indicate that the competence of the State Administrative Court in examining, adjudicating and deciding cases that have passed the grace period is not the authority of the State Administrative Court. The period of 90 (ninety) days to file a lawsuit to the State Administrative Court (PTUN) plays a very important role, because if the period is lapsed, the State Administrative Decision (KTUN) cannot be contested anymore even if the KTUN issued by the agency or State Administration officials are not in accordance with applicable legal procedures
Rangkap Jabatan Menteri Sebagai Pimpinan Partau Politik Dalam Sistem Ketatanegaraan Di Indonesia Panigfat, Ibnu Arradzie; Pietersz, Jemmy Jefry; Nirahua, Garciano
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.v4i1.1686

Abstract

According to Law Number 39 of 2008 concerning State Ministries, Article 23 to be precise states that ministers are prohibited from holding concurrent positions if the position in question is as another state official or being the head of an organization financed by the State Revenue Budget/Regional Revenue Budget. The problem that then arises is that there have been several cases of ministers holding concurrent positions as leaders of political parties. So this clearly violates the regulations regarding ministers who are prohibited from holding concurrent positions. For this reason, the implementation of the practice of holding multiple positions by ministers as leaders of political parties is not in accordance with Law Number 39 of 2008.The purpose of this study is to find out and analyze concurrent positions in accordance with the rules and regulations carried out by ministers and to find out and analyze the legal consequences of multiple ministerial positions as leaders of political parties. The research used in this writing is normative legal research.The results of this study explain that the concurrent positions carried out by the minister are in conflict with laws and regulations which have ignored Article 23 of Law Number 39 of 2008 regarding the prohibition of concurrent ministerial positions, and the legal consequences of concurrent ministerial positions as leaders of political parties will be dismissed based on President's prerogative for ministers who hold concurrent positions.
Pemberian Hak Pengelolaan Kepada Desa Adat Dalam PP 18 Tahun 2021: Telaah Terhadap Teori Kemanfaatan Hukum Mahulette, Abraham Julius Albert; Laturette, Adonia Ivone; Pietersz, Jemmy Jefry
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.v5i2.3166

Abstract

A land title certificate is proof of legal control and/or ownership of a plot of land. Through land registration, it will provide certainty about who holds the rights to the land. The subjects of land rights are individuals and legal entities, including customary law community units (customary villages). Through PP 18 of 2021, management rights are defined as a type of right that can be attached to land within the control area of a traditional village (ulayat land) with the traditional village as the subject of the right. The issuance of management rights certificates in the name of traditional villages is expected to provide significant benefits in improving the welfare of traditional communities.The aim of this research is to examine and analyze the theory of legal benefit in the implementation of the granting of management rights to traditional villages in PP 18 of 2021. The research method used in this research is normative juridical or library legal research methods.The implementation provisions for granting management rights to traditional villages in PP 18 of 2021 based on the theory of legal benefit are only provisions on paper which have been successfully promulgated but cannot be implemented and do not bring benefits to traditional villages so the government must immediately review these arrangements.
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