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All Journal Unes Law Review PROGRESIF: Jurnal Hukum UNES Journal of Swara Justisia PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Bacarita Law Journal PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri Matakao Corruption Law Review
Mustamu, Julista
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Penguatan Kapasitas Pemuda Negeri Rumahtiga Terkait Polemik Penetapan Matarumah Parentah Tita, Heillen Martha Yosephine; Mustamu, Julista; Irham, Muhammad
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2059

Abstract

Introduction: Youth in Rumahtiga State, as one of the backbones of the country's development, which actually has direct contact with the country's government, is a potential resource to encourage the government in running the government. For this reason, this service is considered important to carry out, in order to provide legal understanding for the community, especially the Youth of Rumahtiga State, regarding the importance of the responsibilities and contributions of Youth in the field of State Government as well as the role of youth in the Parentah House Polemic in Rumahtiga State.Purposes of Devotion: Providing capacity strengthening to Rumahtiga Youth in relation to responsibility towards the State in terms of the Determination of Parentah House Points, which is still a polemic.Method of Devotion: The method used is in the form of group discussions involving youth groups in several youth organizations in Rumahtiga.Results of the Devotion: From the presentation of the material, and several questions and discussions, it was found that so far youth groups in Rumahtiga State have not been accommodated enough to contribute in the field of government, regarding the equal role of youth in the Parentah House Polemic in Rumahtiga State which is resolved in the realm of law is the right step.
Kewenangan Polisi Perairan Dan Udara Di Wilayah Perairan Kabupaten Kepulauan Aru Soenarjo, Raimondo Delly Jones; Pietersz, Jemmy Jefry; Mustamu, Julista
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.9338

Abstract

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.
Interpretasi Hukum Mutatis Mutandis Dalam Pembentukan Peraturan Daerah Latuny, Jhon Alberth; Salmon, Hendrik; Mustamu, Julista
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.v4i2.2078

Abstract

Introduction: In the formation of regional regulations, one must look at the needs and existence of the region by prioritizing community welfare as an instrument in implementing regional regulations. This results in the formation of regional regulations having to be based on regional needs, not on legal rules, bearing in mind that application mutatis mutandis is the basis in seeing that need.Purposes of the Research:  This writing aims to determine the study of mutatis mutandis legal interpretation in the formation of regional regulations. Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials is through literature study and then analyzed through perspective using qualitative methods.Results of the Research: With the interpretation methods used such as literal, historical, systematic, teleological interpretation, or comparison with other laws. So that the formation of regional regulations by applying the mutatis mutandis principle becomes the main point in the formation of regional regulations based on more specific community needs, bearing in mind that this is useful for speeding up and making efficient the process of forming regional regulations.
Legalitas Pelantikan Kepala Pemerintah Negeri Berdasarkan Peraturan Daerah Kota Ambon Nomor 10 Tahun 2017 Tentang Pengangkatan, Pemilihan, Pelantikan dan Pemberhentian Kepala Pemerintah Negeri Jeanerry Muriany, Bringelia; Salmon, Hendrik; Mustamu, Julista
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1854

Abstract

A traditional country of course has a Head of State Government or more often called a King, a King is a child of a Traditional State who is appointed or elected from the Mata Rumah Parentah to lead the State, Ambon City Regional Regulation Number 10 of 2017 concerning Appointment, Election, Inauguration and dismissal of the Head of State Government is the basis of the rules that serve as a reference in the implementation of obtaining a Head of State Government, but often in carrying out customary mechanisms, both appointment, election and inauguration, it is not in accordance with regional regulations, which of course gives rise to legal consequences. Purposes of the Research : This research aims to determine and analyze the legality of the inauguration of the Head of the State Government based on Ambon City Regional Regulation Number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of the State Government Methods of the Research : This writing uses normative research methods, with the problem approach used being the statutory approach, conceptual approach, historical approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied. Results/Findings/Novelty of the Research : The results of this research show that the legality of an inauguration of a head of state government must be based on applicable regional regulations, Ambon City Regional Regulation Number 10 of 2017 concerning the appointment, election, inauguration and dismissal of heads of state government, but the legality of the inauguration of heads of state government is not only about the inauguration mechanism. appropriate but also from previous procedures, both appointment and election, if the appointment or election process is carried out incorrectly, it will of course have an impact on the process of inaugurating the head of the state government so that it will give rise to legal consequences that must be accepted, namely the cancellation of the inauguration of the head of the state government, the appointment of temporary officials, demands law, administrative sanctions, government instability and even community losses
Tanggung Jawab Polisi Sebagai Penagih Hutang Alfons, Febriens Melfrens; Mustamu, Julista; Saija, Vica Jillyan Edsti
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 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.v2i2.12766

Abstract

This research discusses the responsibilities of the police as debt collectors, where legally, in carrying out their duties, the police must comply with the disciplinary rules for police officers, one of which is that they are prohibited from being debt collectors or protecting people who have debts, as stated in Article 5 letter (h) of the Regulations. Government Number 2 of 2003 concerning Disciplinary Regulations for Members of the National Police of the Republic of Indonesia states that police are prohibited from being debt collectors or protecting people who have debts. However, in one example of the case in South Buru, namely the cooperative case, Lisa Fano, in her interview, once used police services as a source of threats. in collecting debts and one of the Palamaria families also often uses the services of the police as collectors and protectors. In this case the borrower does not use the services of a collector but uses the services of the police so that they feel that with the police, it will be easy to carry out the collection. The problem taken in this research is whether the police are responsible as debt collectors and what are the legal consequences if the police become debt collectors. The research method used in researching and discussing this problem is normative juridical. The legal materials used are primary, secondary and tertiary legal materials. Research results Based on the duties of the police as contained in Law number 2 of 2002, the police are not authorized to collect debts then the legal consequences for police who become debt collectors based on police regulation number 2 of 2003 can be subject to sanctions in the form of dishonorable dismissal, through The procedure is based on Regulation Number 2 of 2003, the legal consequences for the police are that they can be given heavy sanctions, namely dishonorable dismissal.
Peranan Kepala Persekutuan Hukum Adat Sebagai Mediator Di Negeri Hutumuri Dalam Penyelesaian Sengketa Jual Beli Tanah Dati Waelaruno, Glen Jantje; Mustamu, Julista; Matitaputty, Marlien Irene
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.v2i2.1319

Abstract

Introduction: The presence of Law Number 30 of 2014 concerning Government Administration which consists of 89 articles is intended to create an orderly administration of Government Administration, create legal certainty, prevent abuse of authority, ensure the accountability of Government Agencies and/or Officials, provide legal protection to citizens and the apparatus. the government implements the provisions of laws and regulations and applies the General Principles of Good Governance (AUPB), and provides the best possible service to the citizens. the concept of the rule of law, the concept of state institutions and government institutions, the concept of authority and the concept of good government. Purposes of the Research: This study aims to describe APIP's authority in the PDAM corruption case in Saumlaki and to find out the legal consequences of the abuse of authority by APIP in the PDAM corruption case in Saumlaki.Methods of the Research : This method used is a normative juridical, with a statutory approach and a conceptual approach, and uses the concept of the rule of law, the concept of state institutions and government institutions, the concept of authority and the concept of good government.Results/Findings/Novelty of the Research: The results of the study show that there are several criteria in determining state losses, if the case is simple, the determination of the value of state losses is carried out by the Prosecutor's Office itself. On the other hand, if the case needs an in-depth audit, the Attorney General's Office will coordinate with the Supreme Audit Agency. The statutory statement does not clearly state the name of the institution that is authorized to declare the value of state losses, so there is uncertainty when determining the institution as the auditor for state losses of BPK/BPKP.
Penegakan Sanksi Administrasi Terhadap pelanggaran Parkir Di Kota Ambon Peea, Stelward Excel; Mustamu, Julista; Saija, Vica Jilliyan Edsti
Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2179

Abstract

Illegal parking is a phenomenon in which the act of parking is done illegally or unofficially with unilateral recognition of the parking area. The purpose of this article is to find out and analyze sanctions and the application of sanctions against illegal parking in Ambon City. This research uses a Normative Juridical approach, in data collection the emphasis is on primary and secondary data sources, aimed at a case approach. Based on research regarding the application of administrative sanctions to illegal parking in the city of Ambon, it can be seen that the sanctions that can be used in handling illegal parking are punitive sanctions, which means that sanctions aimed at a violator are in the form of written warnings, revocation of certain permits, and administrative fines. The application of administrative sanctions for parking violations in Ambon City is still not enough to make Ambon City a city free of illegal parking, the sanctions applied by the Ambon City government have not had a deterrent effect on parking violators. This is due to a lack of supervision and control carried out by the authorities or the Ambon City Transportation Service.
Perlindungan Hukum Terhadap Anak Jalanan Di Kota Ambon Argubie, Jofan Junior; Mustamu, Julista; Soplantila, Ronny
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.v4i1.1912

Abstract

Law Number 35 of 2014 concerning Child Protection guarantees and protects children and their rights to get fulfillment, including street children. In the Ambon City Regional Regulation Number 23 of 2017 article 1 Number 54 letter I states that the government is obliged to provide protection, one of which is for street children from all forms of violence and discrimination. However, in reality what happened, the government, in this case the city service, has not optimally provided protection for street children in fulfilling the rights of street children as a child. This writing aims to analyze and discuss forms of legal protection for street children in the city of Ambon The type of research used is normative, 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 authority to supervise and protect street children in Ambon city is the responsibility of the city government, in this case the Ambon City Social Service in accordance with Ambon City Regional Regulation No. 23 of 2017 concerning the Implementation and Handling of People with Social Welfare Problems to provide supervision and protection, one of which is for street children in the city. ambon. The form of legal protection for street children in the city of Ambon is carried out in a repressive way where street children are given sanctions when raids are carried out on these street children who are then sent home without any other effort in fulfilling the rights of street children whose square is as a child. Thus the city government, in this case the social services, should make various efforts to help fulfill the rights of street children, one of which is facilitating street children in Ambon city by creating a music school for street children and accommodating them in places provided by the government to show their talents. .
Keterbukaan Dan Akuntabilitas Dalam Penyelenggaraan Pemerintahan Desa Lermatang Kecamatan Tanimbar Selatan Kabupaten Kepulauan Tanimbar Bulohroy, Flora Tiabetris Celsa; Mustamu, Julista; Pattinasarany, Yohanes
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.v3i2.1619

Abstract

Introduction: Openness and Accountability are principles in the administration of government, including in the administration of village government, so that every government administrator, including the village government of Lermatang, South Tanimbar sub-district, Keulauan Tanimbar Regency, is obliged to apply the principles of openness and accountability in the process of Government Administration, Village Development, Community Development and Community Empowerment. In the explanation of Article 24 letter d of Law no. 6 of 2014 that Openness is a principle that opens itself to the right of the community to obtain correct, honest, and non-discriminatory information regarding the Implementation of Village Government by taking into account the provisions of the legislation. While accountability according to the explanation of Article 24 letter g of Law no. 6 of 2014 is the principle that determines that every activity and the final result of the implementation of Village Government activities must be accountable to the Village community in accordance with the provisions of the legislation. In the administration of village government, the village government as the organizer of the village government in carrying out the tasks and authorities given must be open and responsible for the actions or actions taken. However, the facts found are that the Lematang Village Government does not comply with the rules as mentioned above, and/or does not apply the Principles/Principles of Openness and Accountability in the Village Administration process.Purposes of the Research: To research and analyze the Implementation of Government in Lematang Village, South Tanimbar Tanimbar, Tanimbar Islands Regency, it is carried out in an open and accountable manner and the legal consequences for the Government in Lermatang Village, South Tanimbar District, Tanimbar Islands Regency if it is not open and accountable in the administration of government.Methods of the Research: The method used is a normative juridical research method using descriptive analysis of legal materialsResults of the Research:  The results of the study indicate that in the administration of government in the village of Lematang, South Tanimbar District, Tanimbar Regency, the Lematang village government does not apply openness and accountability in carrying out all government affairs that are under the authority of the village. Therefore, the legal consequence for the Lematang village government if it is not open and accountable in the administration of village government is that it should be subject to administrative sanctions (dismissal) from position as village head.
IMPLEMENTASI PENYALAHGUNAAN DISKRESI YANG MELAHIRKAN TANGGUNG JAWAB PIDANA Mustamu, Julista
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.576

Abstract

This study examines the implementation of abuse of discretion that gives birth to criminal responsibility in the context of Indonesian law. Discretion is an important authority given to government officials to overcome legal vacancies or ambiguities in the administration of government. However, in practice, there are often abuses that cause state losses and have implications for criminal liability. This research uses normative juridical methods with legislative, conceptual, and case approaches. The results of the study show that there is complexity in determining the parameters of the abuse of discretion that can be punished, given the different characteristics between administrative law and criminal law. The inconsistency of the court's approach in assessing abuse of discretion also creates legal uncertainty. The research recommends the need for a balance between the flexibility of discretion and effective control mechanisms, as well as clear parameters to distinguish between administrative and criminal abuses of discretion.
Co-Authors Alfons, Febriens Melfrens Argubie, Jofan Junior Bulohroy, Flora Tiabetris Celsa Holle, Erick Stenly Jeanerry Muriany, Bringelia Lating, Muhaimin Qadri Latuny, Jhon Alberth Lekipiouw, Sherlock. H. Loupatty, Yopi Riszcy M. Y. Tita, Heillen. Matitaputty, Marlien Irene Muhammad Irham Pattinasarany, Yohanes Peea, Stelward Excel Pietersz, Jemmy Jefry Rikumahu, Valentino Victor Exel Saija, Vica Jilliyan Edsti Salmo, Hendrik Salmon, Hendrik Soenarjo, Raimondo Delly Jones Soplantila, Ronny Tita, Heillen M.Y Tita, Heillen Martha Yosephine Vica Jillyan Edsti Saija Waelaruno, Glen Jantje Widhartama, I Gede Yosephine Tita, Heillen Martha