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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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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.
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.
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.
Akibat Hukum Materi Muatan Peraturan Negeri yang Tidak Sesuai dengan Judul Peraturan Negeri Salasiwa, Niklas; Pietersz, Jemmy Jefry; Matitaputty, Merlien Irene
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 2023 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.v1i2.11206

Abstract

Ambon City Regional Regulation number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of State Government is the legal basis for every implementation of state regulations in Ambon City, this means that every state regulation made must be based on Ambon City Regulation Number 10 of 2017 2017. In making regulations, whether regional regulations or state regulations, appropriate and appropriate adjustments are needed in terms of determining the title and material content contained in the regulation, but it is not uncommon for there to be regulations that are not appropriate. The mismatch between the title of a state regulation and the content of the content material is certainly something that is very contrary to the law which will of course give rise to legal consequences. One of the state regulations which has a different title and content material is the Hative Kecil state regulation Number 6 of 2020 concerning the determination of house points. parents in the Hative Kecil country, with the title determining the terms of the parental home, the content material contained in this state regulation should only be limited to the scope of the parental home in the Small Hative State, but unfortunately the content material contained in the state regulations already covers all matters regarding Small Hative Country, starting from the appointment of the head of government of Small Hative Country, the election of the head of the state government, to the dismissal of the head of the state government, of course it is clear that the title of this state regulation does not match the existing content material, for this reason, this difference is certainly contrary to law and can give rise to legal consequences.
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).
The Legal Strength of the King's Recommendation as a Condition for the Candidacy of the Head of Ohoi and/or Finua in Tual City Reniuryaan, Abd Kadir; Pietersz, Jemmy Jefry; Matitaputty, Merlien Irene
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3321

Abstract

Introduction: Tual City is one of the cities in Maluku Province that still applies local wisdom in daily life, one of which is in terms of the election of the Village Head. The basis for the implementation of the village head election by applying local wisdom is based on the establishment of several Regional Regulations that change the status of the village to a customary village called Ohoi and/or Finus, this certainly has an impact on the requirements for the nomination of village heads, one of which is to get the King's Recommendation.Purposes of the Research: The purpose of this article is to examine and analyze the legal force of the king's recommendation as a requirement for nominationas head of ohoi and/or finua in Tual City.Methods of the Research: This research is normative juridical research. This type of research is descriptive analysis. Supporting data and information are then identified and then systematized for interpretation and arguments are given to reach conclusions about the problem.Results Main Findings of the Research: The results of this study indicate that the Legal Power of the King's Recommendation in the Nomination of Village Heads Recommendations given by the traditional king in the process of nominating village heads in Tual City have a strong legal standing, both from the perspective of customary law and positive law. In the Larvul Ngabal customary system, the traditional king is the highest leader who has the authority to give approval to village head candidates who are deemed to meet the criteria of customary values and social harmony. Formally, this recommendation is recognized by the local government through regional regulations and is strengthened by the provisions of Law Number 6 of 2014 concerning Villages. Dynamics and challenges of implementation Although legal recognition has existed, the practice of implementing the king's recommendations still faces various challenges, such as differences in interpretation of authority between traditional institutions and the formal government, potential conflicts of interest, and social changes that influence community perceptions of the role of customary law.
Partisipasi Masyarakat Dalam Pembentukan Undang-Undang Tuhumena, Callychya Juanitha Raisha; Pietersz, Jemmy Jefry; Sedubun, Victor Juzuf
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.575

Abstract

Introduction: Community participation is a stage that engages the community in participating in the process of forming laws and regulations. Purposes of the Research: The purpose of this writing is to determine the consequences of the formation of laws that do not involve public participation.Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach.Results of the Research: The results of this study indicate that community participation is a stage that provides opportunities for the community, in reports, invitations in accordance with the provisions of the law. Community participation implies that community participation contains legal norms that are imperative. How successful is the community's successful procedure that must be carried out in the ordering of statutory regulations.
Pengaturan Negeri Dalam Peraturan Daerah Di Kabupatan Seram Bagian Barat Samatuak, Obbie Yandri; Pietersz, Jemmy Jefry; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.633

Abstract

Introduction: The conflict between the SBB Regional Regulation Number 11 of 2019 concerning Villages and the SBB Regional Regulation Number 13 of 2019 concerning the State. where it has been determined that all 92 customary lands in the West Seram Regency as villages in the SBB Regional Regulation Number 11 of 2019 while in the SBB Regional Regulation Number 13 of 2019 until now the countries that already exist as customary lands in Seram Regency have not been determined.Purposes of the Research: This writing aims to find out and analyze the legal consequences of State regulations in Regional Regulation Number 11 of 2019 concerning Villages and Regional Regulation Number 13 of 2019 concerning the State against the State in West Seram Regency.Methods of the Research: The research method used is normative juridical. 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 processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The results of the study show that the  determination of customary lands carried out by the SBB Regency Government in SBB Regional Regulation Number 11 of 2019 Article 3 can basically be said to be not in accordance with applicable procedures. This can be seen from the issuance of Regional Regulation SBB Number 13 of 2019 concerning the country in Article 4 paragraph 3 which states that "The determination of customary law community units is carried out through identification of customary law communities by observing: a). History of indigenous peoples; b). Customary territory; c). Customary law; d). Assets and/or customary objects; and e). Customary government institutions/systems. The substance in the SBB Regional Regulation Number 13 of 2019 Article 4 paragraph (3) is a valid requirement in the supporting Article of the legal consequences of the land regulated in the SBB Regional Regulation Number 13 of 2019 so that the determination of the 92 customary lands in the SBB must be regulated in the SBB Regional Regulation Number 13 The year 2019 is no longer the SBB Regional Regulation Number 11 of 2019 which applies because the 92 villages regulated in the SBB Regional Regulation Number 13 of 2019 meet the requirements of a customary land.
Keabsahan Kebijakan Pemerintah Kabupaten Seram Bagian Barat Mengenai Pemilihan Kepala Desa Adat Secara Serentak Sahertian, Chelsy; Pietersz, Jemmy Jefry; Pattinasarany, Yohanes
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.864

Abstract

Introduction: The West Seram Regency Government Makes a Policy Regarding the Simultaneous Election of Village Heads which also involves Traditional Villages whose governance arrangements should be based on intestinal origin rights and local customary law.Purposes of the Research: The purpose of this paper is to analyze the authority of the West Seram Regency Government in making the policy of selecting the traditional village head simultaneously and to analyze the validity of the policy of the West Seram Regency Government to make the simultaneous election of the traditional village head. Methods of the Research: The research method used is normative juridical, the problem approach used in the research is the statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study was library research, then analyzed using qualitative methods.Results of the Research: Based on the research, the policy carried out by the regional government of the western part of Seram Regency to conduct the election of the traditional village head simultaneously has no validity because the provisions of the legislation do not give the local government the authority to conduct the election of the traditional village head simultaneously. However, when the West Seram Regency Regional Regulation No. 11 of 2019 concerning Villages was stipulated, which in Article 3 caused problems in the customary law community in the West Seram district, because the villages as mentioned in Article 3 by the customary law community were customary villages or Therefore, the actions of the regional government of the West Seram Regency make and stipulate the provisions of Article 3 of Regional Regulation No. 11 of 2014 concerning Villages, which stipulates that 92 customary lands or villages become villages is an act of erasing and not recognizing and respecting the country as a traditional village in the West Seram district, which has received recognition in the provisions of Article 18B paragraph (2) of the 1945 Constitution which regulates that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law.
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 Pattinasarany, Yohanes Pattipawae, Dezonda Rosiana Picauly, Benjamin Carel Piris, Hendry John Reniuryaan, Abd Kadir Ronny Soplantila Rugebregt, Revency Vania Sahertian, Chelsy Salasiwa, Niklas Samatuak, Obbie Yandri 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 Tuhumena, Callychya Juanitha Raisha Uktolseja, Novyta Vica Jillyan Edsti Saija