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All Journal TATOHI: Jurnal Ilmu Hukum PATTIMURA Law Study Review Jurnal Saniri
Piris, Hendry John
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Law, Crime, Criminology & Criminal Justice

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Penegakan Hukum Administrasi Dalam Pelanggaran Pemilihan Umum Ditinjau Dari Undang-Undang Nomor 7 Tahun 2017 Rumbia, Dedi; Nirahua, Salmon Eliazer Marthen; Piris, Hendry John
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2130

Abstract

Introduction: Election administration violations include violations of any procedures, procedures or mechanisms related to the implementation of election administration at every stage of the election administration, the resolution of which is the responsibility of the Bawaslu which accepts, investigates, assesses, and decides on election administration violations.Purposes of the Research: This study aims to identify and analyze election violations in terms of Law Number 7 of 2017. And enforcement of administrative law against election violations in terms of Law Number 7 of 2017.Methods of the Research: This study uses normative legal research, legal approaches and conceptual approaches using data sources in the form of primary, secondary and tertiary legal materials. The legal material analysis technique used in this work is qualitative in nature, meaning that the collected data must be separated according to its category and then interpreted to obtain research answers.Results of the Research: The results of the study show that the administrative sanctions imposed on the perpetrators of election violations do not have a deterrent effect, because the sanctions imposed only improve procedures, procedures and mechanisms at the stage of summing up the election results. The sanctions imposed cause the person or several people to repeat the same mistake.
Kewenangan Pembentukan Kantor Dewan Perwakilan Daerah Repbulik Indonesia (DPD RI) Di Daerah Pemilihannya Van Harling, Bryan Cristanto; Nendissa, Renny Heronia; Piris, Hendry John
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2115

Abstract

Introduction: 4 DPD-RI offices in their constituencies have only become definitive or owned by DPD RI but 30 other provinces are still using building loan facilities or leasing facilities owned by the Regional Government even though Law No. 17 of 2014 concerning MD3 article 252 describes the DPD RI office must be in the capital city province. Thus it is necessary to have procedures in establishing DPD offices in their constituencies.Purposes of the Research: This writing aims to describe the form of accountability for establishing DPD RI offices in each constituenc.Methods of the Research: 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. Results of the Research: The procedure for establishing the RI DPD Office can be carried out through the following stages: a) Discussion of the RI DPD office; b) Discussion of Complementary Tools by PURT; c) Submission of the draft to DPD RI; d) Discussion of the development plan by Commission III of the DPR RI; e) Ratification of the DPD RI office construction plan; f) Discussion on the urgency of implementing development by PURT Complementary Tools; g) Cooperation with the Regional Government; h) Construction is underway.
Rangkap Jabatan Anggota Dewan Perwakilan Daerah Republik Indonesia Nusa, Jenian P; Pietersz, Jemmy Jefry; Piris, Hendry John
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13679

Abstract

ABSTRACT: According to Law Number 17 of 2014 as amended in Law Number 14 of 2014 concerning MD3, specifically Article 302 paragraphs 1 and 2 states that DPD members are prohibited from holding concurrent positions if the position in question is as another state official or as a leader. Organizations financed by the State Revenue Budget/Regional Revenue Budget. The problem that then emerged was that there was a case that occurred in a DPD member who held the same position as leader of a political party, so this clearly violated the regulations regarding the DPD being prohibited from holding concurrent positions. For this reason, the implementation of the practice of holding multiple positions by DPD members as leaders of political parties is not in accordance with Law Number 17 of 2014. The aim of this research is to find out and analyze the dual position of a DPD member as a political party leader. The research used in this paper is normative legal research. The results of this research explain that the dual positions held by DPD members are contrary to statutory regulations which ignore Article 302 paragraphs 1 and 2 of Law Number 17 of 2014 as amended in Law Number 14 of 2014 concerning MD3 regarding the prohibition of holding multiple positions for DPD members and the legal consequences of holding multiple positions for DPD members as leaders of political parties. They will be dismissed in accordance with the regulations that apply to DPD members who hold multiple positions.
Pengelolaan Wilayah Pesisir Dalam Tanggungjawab Masyarakat Adat Piris, Hendry John
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.v3i2.1618

Abstract

The potential for natural resources in coastal areas is very abundant starting from the coast, plains, affecting the lives of coastal communities. Of course, the synergy of nature and arts and culture is closely related to the social and economic life of the local community. Efforts to maintain the harmonization of nature and cultural arts of coastal communities.The research method in this writing uses the type of normative juridical research, which is carried out based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to this research. The procedure for collecting legal materials uses library research, the library as a means to obtain primary legal materials and secondary legal materials, then the legal materials are collected and analyzed. Legal material analysis techniques in this study used descriptive analysis techniques.The state and the rules have guaranteed indigenous peoples to their natural environment to ensure the sustainability of the environment from generation to generation, without any prohibitions for people to use the environment as a source of livelihood. The wisdom of indigenous peoples with customs that have been formed and intertwined from generation to generation will guarantee the preservation of the environment and territory as a priority place and a necessity of life. The existence and role of indigenous peoples in efforts to protect and manage the environment will have an impact on the indigenous peoples themselves and the protection of their territories.
Tanggung Jawab Pemerintah Daerah Terhadap Penggunaan Sepeda Listrik Di Kota Ambon Sabanari, Irnayanti; Piris, Hendry John; Tita, Heillen M Y
Jurnal Saniri Vol 5, No 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2515

Abstract

Technological development occurs in every field, one of which is the renewal from conventional bicycles to electric bicycles. Electric bicycles are regulated in Minister of Transportation Regulation Number PM 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives. These regulations regulate the terms and conditions and routes for using electric bicycles. One of the provisions is that the user must be at least 12 years old, which is categorized as a child. Apart from that, what is regulated in the provisions for using electric bicycles is understanding and obeying traffic rules and using a helmet. However, in reality, electric bicycle users in Ambon City are not yet included in regional regulations
Kajian Yuridis Pemberhentian Periode Masa Jabatan Kepala Daerah Ulahayanan, Antonius; Piris, Hendry John; Soplanit, Miracle
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3517

Abstract

Article 162 paragraphs (1) and (2) of Law Number 10 of 2016 concerning Regional Head Elections (Pilkada) stipulate that regional heads hold office for five years from the date of inauguration and may be re-elected only once for the same position. However, this provision gives rise to differing interpretations when Article 201 paragraphs (5) and (7) regulate the terms of office for regional heads elected in 2018 and 2020, which end in 2023 and 2024, respectively. This inconsistency has led to constitutional disputes, as seen in the lawsuit filed by several regional heads elected in 2018 but inaugurated in 2019 against Article 201 paragraph (5) of the Pilkada Law, which was partially granted by the Constitutional Court (Decision No. 143/PUU-XXI/2023), while a similar lawsuit against Article 201 paragraph (7) was entirely rejected in 2022. This study aims to analyze the legal validity of terminating the term of office of regional heads and its legal implications in the implementation of the 2024 simultaneous regional elections. The research employs a normative legal method with statutory and conceptual approaches. The results indicate that the termination of the regional heads’ term of office for the alignment of the 2024 simultaneous elections has binding legal force in accordance with existing legislation. The resulting legal implications include potential normative inconsistencies, challenges to legal compliance, impacts on the continuity of governmental programs, administrative adjustments, and effects on public trust.
Co-Authors Nendissa, Renny Heronia Nirahua, Salmon Eliazer Marthen Nusa, Jenian P Pietersz, Jemmy Jefry Rumbia, Dedi Sabanari, Irnayanti Soplanit, Miracle Tita, Heillen M Y Ulahayanan, Antonius Van Harling, Bryan Cristanto