Matitaputty, Merlien Irene
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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, Universitas Pattimura

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.
Perlindungan Hukum Terhadap Pekerja Di Masa Pandemi Covid-19 Hatane, Karina; Alfons, Saartje Sarah; Matitaputty, Merlien Irene
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.v1i3.577

Abstract

Introduction: Legal protection of workers in working relationships is needed, considering the position of workers socially-economically very weak especially during the pandemic covid 19. Many companies suffer losses due to restrictions on community activities that affect the company’s income, so workers and affects the normative rights of workers.Purposes of the Research: This paper ains to know the form of legal protection for workers who are laid off and know the implementation of legal protections against workers during the covid-19 pandemic.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the study, obtained the results that the form of legal protections against workers who were laid off during the covid 19 pandemic includes 2 (two) forms of legal protection both from employers in the form of fulfillment of workers rights that have been contained in the legislation in the form of compensation and work experience latters while from the government, the issuance of legal products and worker protection programs. Implementation of such protections is applied in accordance with the regulations and circulars issued to workers during the covid 19 pandemic related to the rights fulfilled by mutual agreement although  in the context there are also workers rights that are not fully fullfiled in accordance with the provisions of the legislation until the issuance of the pre-employment card program, cash-intensive programs and social safety nets.