Bakarbessy, Andress Denny
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The Legality of the Maluku Governor's Action in Mutating Doctors Between Hospitals Tanner, Juliani; Salmon, Hendrik; Bakarbessy, Andress Denny
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.v5i1.2062

Abstract

Introduction: There are often problems regarding the mutation of doctors between hospitals in the Maluku Province area carried out by the Governor of Maluku. The action of the Governor of Maluku to carry out the mutation caused a reaction of rejection from the mutated doctors and a number of mutation personnel and members of the Provincial Regional House of Representatives, because it was considered contrary to the provisions of laws and regulations. Purposes of the Research: The purpose of this writing is to analyze the legality of the Maluku Governor's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province, and the Legal Consequences if the Governor of Maluku's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province Does Not Have Legality.Methods of the Research: The research method in this writing is normative legal research. The approaches used in this study are the laws and regulations approach, the conceptual approach, and the case approach.Results Main Findings of the Research: The results of the study show that the Governor of Maluku transfers doctors between hospitals without a basis for authority, because there is no delegation of authority from the President as the holder of the highest power in the development of the State Civil Apparatus. This is evidenced by the absence of Government regulations or Presidential Regulations or Provincial Regulations that regulate the delegation of authority from the President to the Governor of Maluku for the mutation in question. Similarly, mutation is carried out through a mutation procedure for mutation planning for a minimum of 2 (two) years and a maximum of 5 (five) years. Mutation is carried out on the basis of the suitability between the competence of Civil Servants and the requirements of the position, position classification and career pattern, taking into account the needs of the organization, there should be no conflict of interest in the implementation of mutations. For this reason, the mutation of the Governor of Maluku to transfer doctors between hospitals is without authority, and not in accordance with procedures and substance so that it does not have legality, so it has legal consequences in question as invalid. The action of the Governor of Maluku is considered non-binding since it was established and all legal consequences that arise are considered to have never existed, because the mutation carried out by the Governor is null and void for the sake of the law.
Pengawasan Pemerintah Daerah Terhadap Aktivitas Bengkel Umum Kendaraan Bermotor Toisuta, Gerick M; Bakarbessy, Andress Denny; Nirahua, Garciano
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.v3i1.19744

Abstract

In this industry. The study also identifies various challenges faced in the implementation of supervision, including lack of technical knowledge among workshop owners, limited resources to conduct routine supervision, and low awareness of the importance of regulatory compliance among industry players. Through a normative approach, this study recommends the need for increased cooperation between the government and the private sector to develop training programs for technicians and workshop owners, as well as stricter law enforcement against regulatory violations. In addition, socialization regarding consumer rights and obligations and the importance of safety standards in workshop services is also considered important to increase public awareness. With these results and recommendations, it is hoped that the supervision of public workshops for motor vehicles can be more effective, which will ultimately improve the quality of service and protect consumers, as well as.
Keabsahan Pengangkatan Anak Piara Mantan Raja Sebagai Kepala Pemerintah Negeri (Desa) Firmansyah, Mohamad Z; Bakarbessy, Andress Denny; Pattinasarany, Yohanes
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.v3i1.19745

Abstract

Article 3 paragraph (2) of the Malteng Regional Regulation No. 1 of 2006 stipulates that "the position of the head of the State government is the right of certain families/descendants based on a straight line and cannot be transferred to other parties except in special matters determined based on the results of the deliberations of the family/descendants who are entitled to the State Saniri. It is reaffirmed in Article 3 paragraph (1) of the Regional Regulation of Central Maluku Regency Number 3 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of State Government stipulates that "The position of the Head of State Government is the right of certain heads of the house/descendants to determine based on the deliberation of the heads of the houses/descendants. This type of research is Empirical Juridical, In this study the approach used in solving the problem is by using the empirical juridical approach method, the data that has been collected is analyzed qualitatively whose decomposition is systematically arranged based on legal disciplines to achieve clarity of the problem to be discussed. The results of this study show that the position of the Head of State Government is the right of the family/descendants of the parentah, as stipulated in the provisions of Article 3 Paragraph (1) of the Malteng Regional Regulation No. 3 of 2006 which stipulates that the position of the Head of State Government is the right of the family/descendants to determine based on the deliberation of the family/descendants. Therefore, the appointment of the former king's son as the head of the government has no validity, for this reason the appointment of Muhammad R. Fahlefi Ely as the Head of the Assilulu State Government has no validity. The appointment of Muhammad Fahlevi Ely as the Head of the Assilulu State Government in an authoritative manner is not in accordance with the mandate of the Central Maluku Regency Regional Regulation No. 1 of 2006 and the Central Maluku Regency Regional Regulation No. 3 of 2006, where Muhammad R. Fahlefi Ely is the Son of the Former King and not based on the descendants of the family in a straight line, therefore due to the law of the appointment of Muhammad Fahlevi Ely as the Head of the Assilulu State Government does not have validity, and is considered null and void, as formulated in Article 70 Paragraph of Law Nomor 30 of 2014.