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All Journal PAMALI: Pattimura Magister Law Review PATTIMURA Legal Journal Jurnal Saniri Matakao Corruption Law Review
Saptenno, Marthinus Johanes
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Law, Crime, Criminology & Criminal Justice

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Legalitas Pembagian Harta Warisan Terhadap Ahli Waris Beda Agama Dalam Dua Ketentuan Hukum Waris Yang Berbeda Di Indonesia Selanno, Julivia Marsel; Saptenno, Marthinus Johanes; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2143

Abstract

Introduction: The inheritance of different religions is one of the contemporary problems in contemporary Islamic legal thought. As time progresses, cases involving inheritance law from different religions are becoming increasingly common. One of the contributing factors is the heirs' (non-Muslim) disagreement with the distribution of assets which is considered unfair.Purposes of the Research:  Analyze the application of law in the implementation of the division of inheritance of different religions and the legal consequences in the implementation of the division of inheritance of different religions.Methods of the Research: The research method used is normative legal research relying on a statutory approach and a conceptual approach. Meanwhile, the sources of legal materials used include primary, secondary and tertiary sources of legal materials collected through literature studies and analyzed juridically.Results of the Research: The results of this research show that the legal consequences of resolving inheritance from different religions in its implementation give rise to different interpretations of Judges in considering the law in rulings, as well as giving rise to legal uncertainty, both in the implementation process and the legal status of heirs of different religions, this is because there is no There are definite legal rules, but the implementation of mandatory wills for non-Muslim heirs of Muslim heirs is a form of love and affection between fellow human beings and is an effort to uphold justice and benefit for non-Muslim relatives because their right to inherit is obstructed.
Pemenuhan Hak Masyarakat Atas Pencetakan Kartu Tanda Penduduk Elektronik di Kota Ambon Tomasila, Sindi Marlen; Saptenno, Marthinus Johanes; Holle, Eric Stenly
Jurnal Saniri Vol 2, No 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1320

Abstract

Introduction: Good public service is the right and hope of every citizen and resident. Especially to apply the concept of good governance in Indonesia, one of the strategic choices is through the implementation of public services in order to form good governance. However, in its implementation there are still public services that are not in accordance with public service standards so that it has implications for the occurrence of maladministration actions that can cause harm to the community. One of them is the uncertainty of time in the service process.Purposes of the Research:  The purpose of writing this thesis is to find out and analyze the 30 (thirty) minute period of service standards for making Electronic Identity Cards (e-KTP) that are not met, categorized as maladministration and legal remedies if the time period according to the service standards is not met.Methods of the Research: The type of research used in this research is normative legal research, namely legal research conducted by examining library materials or secondary materials consisting of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results / Findings / Novelty of the Research: The results and discussion show that the 30 (thirty) minute period of completion of the e-KTP printing service at the Ambon City Population and Civil Registration Office in 2019 to early 2022 was not carried out in accordance with the contents of service standards with the constraints of limited e-KTP printing machines, the lack of officers in the e-KTP printing section and the lack of e-KTP forms per day which are not proportional to the number of people who will print e-KTPs, resulting in time uncertainty and work delays which have an impact on service discrimination. to get fast service. This action certainly deviates from administrative ethics which is referred to as maladministration. Seeing this, the construction of legal liability for maladministration acts carried out by public service providers needs to be reviewed, because the sanctions imposed have not been able to prevent maladministration actions that occur.
Green Constitution In Government Supervision of Mining Activities Mangawe, Darmawan Arung Pryantomo; Saptenno, Marthinus Johanes; Pietersz, Jemmy Jefry
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2428

Abstract

Introduction: This article analyzes the concept of Green Constitution, which is essentially the idea of sustainable environmental development. The eco-friendly concept itself is more of a method rather than a status, more of a verb rather than an adjective.Purposes of the Research: The purpose of this article is to understand and analyze the concept of Green Constitution in the management of mining resources, as well as the government's supervisory responsibility over mining activities based on the Green Constitution concept.Methods of the Research: In conducting this research, the author employs a normative juridical legal research method. Juridical research refers to examining legal aspects based on legislation, while normative research is legal research aimed at finding legal rules and doctrines to address existing legal issues.Results Main Findings of the Research: Based on the findings of existing research, the Green Constitution functions as a critique of interests that only prioritize economic benefits over the environment. As a result of regulations that do not fully uphold the Green Constitution, there is an impact on the weak supervision from the government over mining activities.
Kewenangan Pemerintah Daerah Dalam Pengelolaan Pertambangan Mineral Batubara Baura, Lineke; Saptenno, Marthinus Johanes; Pietersz, Jemmy Jeffrey
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.6753

Abstract

Introduction: Based on Act Number 4 of 2009 and Act Number 23 of 2014, Local Governments have authority in the management of minerals and coal mining. But with the determined by Act Number 3 of 2020, domination of minerals dan coals mining is held by Central Government. Purposes of the Research: For this reason, it is necessary to review the constitutional right and authority of Local Goverment to held minerals and coals mining. Methods of the Research: The type of research used in this study is a normative juridical research that is descriptive analytical by using statute approach and conceptual approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials through literature studies. Results of the Research: Based on the results of the study, minerals and coals mining is one of government affairs that is distributed to Local Government in accordance with Act Number 3 of 2020. The authority cannot be removed by the regulations contained of Act No. 3 of 2020. This is contrary to Local Government’s constitutional rights and The 1945 Constitution of State of Republic of Indonesia.
The Authority of the Acting Regent in the Process of Mutation of Acting Primary High Leaders Siwalette, Anthoni; Saptenno, Marthinus Johanes; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.2146

Abstract

Introduction: The Acting Regent and Acting Mayor in carrying out their duties obtain permission from the Minister of Home Affairs to carry out Mutation and Rotation of Civil Servants for Primary High Leadership Positions and for Administrator Officials, the main thing that is considered and the reason for the Acting Regent to carry out mutations and rotations according to him, is so that the implementation of local government can run more effectively, but this policy reaps many pros and cons.Purposes of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Methods of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Results Main Findings of the Research: The authority of the Regional Government in appointing Primary High Leadership Positions is regulated by Law Namber 23/2014. Meanwhile, the prohibition on Acting Regional Heads from transferring employees is regulated in Law Number 5 of 2014 concerning State Civil Apparatus, Article 130A, Article 130, so that Regent Officials in making employee transfer decisions have legal consequences. Furthermore, the legal consequences of the policy of the Acting Regent of West Seram Regency in carrying out employee transfers are inappropriate.
Kewenangan Unit Tipikor Polres Seram Bagian Barat Terhadap Penyidikan dan Penuntutan Tindak Pidana Korupsi Dalam Rangka Penegakan Hukum Putra, Aprilianto Pratama; Saptenno, Marthinus Johanes; Hehanussa, Deassy Jacomina Anthoneta
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13514

Abstract

Introduction: Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, the criminal act of corruption not only harms state finances, but violates the social and economic rights of the community at large. Institutions that include law enforcement are the National Police, KPK, and the Prosecutor's Office. Among the three institutions, the National Police, in this case, the West Seram Police Investigation Unit (SBB) is an experienced institution in investigating various cases of its jurisdiction. Article 1 father (1) of the Code of Criminal Procedure An investigator is an official of the national police of the Republic of Indonesia or certain civil servant officials who are specially authorized by law to conduct investigations. While the prosecutor's office has the same duties and authorities in eradicating corruption specifically the Attorney General by Law Number 16 of 2004 also regulates the duties and authorities of the Attorney General, namely Articles 35, 36, 37 of Law Number 16 of 2 Purposes of the Research: Review and discuss the authority of the West Seram Police Corruption Unit (SBB) regarding Investigation and Prosecution in the context of law enforcement. Examine and discuss any inhibiting factors influencing the authority of the West Seram Police Corruption Unit (SBB) regarding the investigation and prosecution of criminal acts of corruption in the context of law enforcement Methods of the Research: The research method used is normative juridical Results of the Research: Certain civil servant officials who are specially authorized by law to conduct investigations. While the prosecutor's office has the same duties and authorities in eradicating corruption specifically the Attorney General by Law Number 16 of 2004 also regulates the duties and authorities of the Attorney General, namely Articles 35, 36, 37 of Law Number 16 of 2.
Co-Authors Bakarbessy, Andress Deny Baura, Lineke Hehanussa, Deassy Jacomina Anthoneta Holle, Eric Stenly Mangawe, Darmawan Arung Pryantomo Pietersz, Jemmy Jeffrey Pietersz, Jemmy Jefry Putra, Aprilianto Pratama Selanno, Julivia Marsel Siwalette, Anthoni Tomasila, Sindi Marlen