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All Journal Unes Law Review PROGRESIF: Jurnal Hukum TATOHI: Jurnal Ilmu 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 LUTUR 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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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.
Optimization of the Use of Technology for Taxpayers in the Tax System in Indonesia Tita, Heillen Martha Yosephine; Mustamu, Julista; Loupatty, Yopi Riszcy
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.854

Abstract

Introduction: The development of tax reform shows that technology has a very important role. For this reason, the sustainability of tax collection in the State of Indonesia itself has at least an online system based on how taxpayers work to fulfill their obligations. However, the optimization of the application must be properly reviewed first to find out the effectiveness of the technology made.Purposes of the Research: This writing aims to study, analyze and discuss optimizing the use of technology in the taxation sector in Indonesia.Methods of the Research: This paper uses a normative research method, namely research that is focused on providing a systematic explanation that governs a certain category. The problem approach is the legal approach (statute opproach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field.Results of the Research: The results obtained from this paper are that, in principle, the technology used by the State of Indonesia is oriented to three pillars, namely: e-registration, e-filling and e-billing by means of technology that aims to strengthen taxpayer compliance. In addition, this technology has weaknesses, namely a good network and inefficient use of technology and the advantages of being able to access quickly and transparently.
Perlindungan Hukum Terhadap Masyarakat Adat Dalam Pemberian Penugasan Survey Pendahuluan dan Eksplorasi (PSPE) Panas Bumi Lating, Muhaimin Qadri; Mustamu, Julista; Holle, Erick Stenly
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.v3i1.19740

Abstract

The issuance of Preliminary Survey and Exploration Assignment (PSPE) permits for geothermal energy often triggers agrarian conflicts with indigenous communities, as seen in the case of Wapsalit Village, Lolong Guba District, Buru Regency. This study analyzes the validity of the PSPE permit granted to PT. Ormat Geothermal Indonesia (PT. OGI) and its legal implications for the rights of indigenous communities. The research employs a juridical-normative legal method. The findings indicate that the issued PSPE permit is not entirely valid procedurally and neglects the rights of indigenous communities. PT. OGI failed to resolve land use issues in accordance with applicable regulations and did not adequately involve the community in socialization efforts. Consequently, the constitutional rights of indigenous communities over their territories were violated, and PT. OGI may be subject to administrative sanctions. The implementation of the Free, Prior, and Informed Consent (FPIC) principle, along with enhanced supervision and sanctions for violators, is essential to ensuring more effective legal protection for indigenous communities.
PERSPEKTIF HUKUM ADMINISTRASI TERHADAP TILANG SURAT TANDA NOMOR KENDARAAN BERMOTOR YANG BELUM MEMBAYAR PAJAK Yosephine Tita, Heillen Martha; Mustamu, Julista
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (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.v5i2.724

Abstract

Motor Vehicle Registration Certificate is one of the mandatory equipment for driving on the highway. In the tax administration process, this document is also used as proof of payment of Motor Vehicle Tax. The use of the same document in two different legal events, in principle, is an effort to make the use of the document more effective, but it is controversial in law enforcement of Police Operations on the highway, related to the issuance of Traffic Tickets by the Police and a series of sanction settlements. The study from an administrative law perspective aims to answer the invalidity of Motor Vehicle Registration Certificates that have not paid tax as an administrative law event.
Competence of The Court In Adjudicating Corruption Cases Committed By Officials Based On Discretionary Authority Widhartama, I Gede; Salmon, Hendrik; Mustamu, Julista
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 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.v1i1.9053

Abstract

Introduction: Discretion As freedom of acting or making decisions from authorized and authorized state administration officials in their own opinion in government practices, the use of discretion should not be worried about by government officials. Aside from being a principle in carrying out government functions, discretion also has a strong legal basis based on the Government Administration Law that concerns the policy not a few that are processed and charged with the Corruption Criminal Act, so that officials are trapped as corruptors because of their duties attached to positions That. But that does not mean that the judge is free to make a decision. Ethics and morals are the commonly known judges. In Indonesia, maybe what is meant is the code of ethics and guidelines for judges produced by the Supreme Court and the Judicial Commission. So as to minimize the use of wrong discretion authority which results in the problem of criminal acts of corruption. Purposes of the Research: This writing aims to find out the legitimacy of establishing a new high court in the islands. Methods of the Research: The research used by the author is a normative juridical research type. The procedure for collecting legal materials is carried out by conducting library research on legal materials, namely primary, secondary and tertiary legal materials. Then the legal material that has been obtained is analyzed qualitatively. Results of the Research: The results obtained are the Legitimacy of the Formation of a New High Prosecutor's Office in the Islands, to minimize the obstacles faced by the islands in fighting for people's rights.
Matarumah Parentah Oleh Saniri Negeri Rumahtiga Sebagai Tindakan Administrasi Tita, Heillen M.Y; Irham, Muhammad; Mustamu, Julista
PROGRESIF: Jurnal Hukum Vol 17 No 1 (2023): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v17i1.3507

Abstract

Ringkasan Artikel ini bertujuan untuk menemukan perspektif hukum administrasi negara terkait penetapan Matarumah Parentah di Negeri Rumahtiga Kota Ambon. Seperti diketahui Saniri Negeri Rumahtiga sampai saat ini belum melanjutkan proses pembentukan Peraturan Negeri dalam rangka Penetapan Matarumah Parentah, padahal tahapan penetapan sudah dilalui sesuai dengan aturan yang berlaku. Melalui penelitian yuridis normatif didapatkan hasil bahwa sikap Saniri Negeri Rumahtiga merupakan tindakan administrasi pemerintah yang dapat diuji keabsahannya dan dapat dikategorikan sebagai sikap diam Pemerintah serta sebagai tindakan pemerintah berupa keputusan yang mencakup tindakan faktual sebagaimana dimaksud dalam Undang-Undang Administrasi Pemerintahan. Kata Kunci: Penetapan, Matarumah Parentah, Hukum Administrasi Negara.
PELAKSANAAN PEMILIHAN UMUM KEPALA DAERAH DI DAERAH YANGBERKARAKTERISTIK KEPULAUAN (Studi Kasus Pemilihan Umum Kepala Daerah Di Provinsi Maluku) Mustamu, Julista
UNES Journal of Swara Justisia Vol 3 No 1 (2019): Unes Journal of Swara Justisia (April 2019)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Maintaining the holding of regional head elections (post-conflict local elections)inregional areas that are characterized by islands in Indonesia that are in accordance withthe characteristics of the island community is in the context of realizing fair and beneficialpost-conflict local election implementation for the community, to further improve welfareand adapted to the development of the island community. In Law No. 1 of 2015 concerningDetermination of Government Regulations in lieu of Law No. 1 of 2014 concerning theElection of Governors, Regents, and Mayors not being able to accommodate theostconflict local election that is in favor of the regions characterized by islands. Therefore,in the implementation of post-conflict local election in the islands, there are still variousproblems related to the implementation of post-conflict local elections. Thus, legalarrangements are needed that favor the regions that are characterized by islands. Wherethe government is obliged to treat the people of the island province in a different way fromother provinces, considering the sea has special characteristics that are different from theland. The research method used is normative legal research. The problem examined is howis the implementation of general elections in regional areas characterized by islands,especially in Maluku province? The results of this study are that in organizing generalelections in areas characterized by islands, especially in Maluku province, there are stillseveral problems. As related to the involvement of police officers and the State CivilApparatus (ASN), weak supervision, and the obstruction of the distribution of ballots, andthe delay in the results of recapitulation of election results. This is because MalukuProvince is an island characterized by islands, where there are many small islands thatare difficult to reach either by the executor or the election supervisor. Although at the timeof voting it was generally safe and conducive.
Pergantian Antar Waktu Anggota Saniri Negeri Tanpa Usulan Soa Dan Badan Saniri Negeri Rikumahu, Valentino Victor Exel; Salmon, Hendrik; Mustamu, Julista
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.v1i2.11439

Abstract

This research was motivated by Central Maluku Regency Regional Regulation Number 04 of 2006 concerning Guidelines for Structuring State Saniri or State Consultative Body. This regulation mandates that members of Saniri Negeri are representatives of genealogical elements of society, in this case Soa, so that Soa has the authority to send representatives as members of Saniri Negeri. This type of research is normative legal research, the problem approach in this research is the statutory approach, and the case conceptual approach, the sources of legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a statutory approach, then synchronized with the legal concepts and principles studied to be analyzed normatively to answer the legal issues studied based on the approach used in this research. The results of this research are that the Regent's decision to make interim changes to the members of Saniri Negeri without a proposal from Soa and Saniri Negeri is a decision that does not meet the requirements for the validity of a decision, namely authority, procedure and substance which results in the decision being invalid or can be cancelled.
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 Halmes Lekipiouw, Sherlock. H. Loupatty, Yopi Riszcy M. Y. Tita, Heillen. Matitaputty, Marlien Irene Maupiku, Viantrus Muhammad Azhar Lawiya Muhammad Irham Pattinasarany, Yohanes Peea, Stelward Excel Pietersz, Jemmy Jefry Rikumahu, Valentino Victor Exel Ronny Soplantila Saija, Vica Jilliyan Edsti Salmo, Hendrik Salmon Eliaser Marthen Nirahua Salmon, Hendrik Soenarjo, Raimondo Delly Jones Tita, Heillen M.Y Tita, Heillen Martha Yosephine Vica Jillyan Edsti Saija Waelaruno, Glen Jantje Walla, Ghufran Syahputera Widhartama, I Gede Yosephine Tita, Heillen Martha