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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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ANALISIS YURIDIS TERHADAP ASAS PEMBENTUKAN DAN ASAS MATERI PERATURAN WALIKOTA AMBON TENTANG PEMBATASAN SOSIAL BERSKALA BESAR Lekipiouw, Sherlock. H.; Salmo, Hendrik; Mustamu, Julista; M. Y. Tita, Heillen.
UNES Law Review Vol. 3 No. 3 (2021)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v3i3.185

Abstract

There are several articles in the Ambon Mayor's Regulation Regarding PSSB which do not reflect the formation and regulations of the legislation. The purpose of this research is to study and analyze the implementation as the formation and principle of the material of legislation. The research method used is normative legal research. The results of the study show that the establishment of Ambon Mayor Regulation Number 18 of 2020 concerning the Implementation of Large-Scale Social Restrictions in Handling Corona Virus Disease 2019 (COVID-19) in Ambon City has not reflected as a statutory regulation and the material principle of statutory 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)
Publisher : Universitas Ekasakti

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
Perlindungan Hukum Terhadap Masyarakat Adat dalam Pemberian Izin Penugasan Survey Pendahuluan dan Eksplorasi Panas Bumi Lating, Muhaimin Qadri; Mustamu, Julista; Holle, Erick Stenly
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 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.v3i2.18129

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.
Kajian Terhadap Pengaturan Sanksi Denda Administratif Dalam Peraturan Daerah Tentang Pembatasan Sosial Berskala Besar Walla, Ghufran Syahputera; Salmon, Hendrik; Mustamu, Julista
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i9.815

Abstract

Introduction: This article discusses the study of the regulation of administrative fines in regional regulations regarding PSBB.Purposes of the Research: The purpose of this article is to find out and analyze administrative fines and to find out and analyze the regulation of administrative fines in regional head regulations.Methods of the Research: The type of research used is normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrines in order to answer the legal issues faced.Results of the Research: The results of this study are administrative sanctions as a reaction carried out by the administrative body, is a dimension of unilateral administrative decision-making power. This power is the power to decide, apply and enforce sanctions against individuals who violate the norms of administrative law (public order). Meanwhile, administrative fines are sanctions imposed on administrative violations or administrative regulatory provisions which can be in the form of revocation of permits, dissolution, supervision, temporary dismissal, administrative fines, or police coercion. Ambon Mayor Regulation No. 18 of 2020 which regulates Legal Sanctions is inaccurate and tends to be problematic, not only in material terms but also in formal terms because it has weaknesses: First, because the Mayor's Regulation is not a statutory regulation that is recognized for its existence according to the provisions of Article 7 of the Law Formation of Laws , but the laws and regulations mentioned in the provisions of Article 8 of the Law on the Formation of Legislation which are recognized for their existence and have binding legal force as long as they are ordered by a higher Legislation or are formed based on authority. Second, the regulation of administrative fines in Mayor Regulation No. 18 of 2020 is also inappropriate because Administrative Sanctions are sanctions imposed on administrative violations or administrative provisions of regulations.
Penegakan Sanksi Hukum Kepada Penyelenggara Pemilihan Kepala Daerah Yang Mempengaruhi Pemilih Maupiku, Viantrus; Mustamu, Julista; Lekipiouw, Sherlock Halmes
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i11.873

Abstract

Introduction: The oath/promise of the Provincial KPU, Regency/Municipal KPU members in carrying out their duties and authorities will work sincerely, honestly, fairly, and carefully for the success of the General Election and the establishment of democracy and justice, as well as prioritizing the interests of the Unitary State of the Republic of Indonesia over personal or group interests.Purposes of the Research: This writing aims to identify and analyze the enforcement of legal sanctions for Regency KPUs that are proven to influence voters in the regional head election process. Methods of the Research: The research method used is normative juridical research with descriptive analytical research. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through a literature study, then the legal materials collected are then analyzed qualitatively.Results of the Research: The results of the study indicate that the enforcement of administrative legal sanctions against Jakob Alupatti Demny as the Head of MBD Regency KPU is in accordance with the provisions of Article 27 paragraph (2) of Law Number 15 of 2011 concerning Election Organizers which explains that members of KPU Regency KPU, Provincial KPU, and Regency KPU The city is dishonorably dismissed if it violates the oath/promise of office and/or the code of ethics. However, until now Jakob Alupatti Demny is still a member of the MBD Regency KPU.
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