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Pemberian Izin Usaha Toko Modern Alfamart Dan Indomaret Oleh Pemerintah Kota Ambon Samangun, Warnesy Atayen; Pattinasarany, Yohanes; Nirahua, Garciano
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3026

Introduction: The problem studied in this research is about the granting of business licenses for modern stores alfamart and indomaret by the Ambon City Government based on the Presidential Regulation and the Regulation of the Minister of Trade which requires Regional Governments to establish their respective Regional Regulations related to the granting of business licenses for the construction of modern stores that have not been implemented by the Ambon City Government and the legal consequences of the negligence of the Regional Government.Purposes of the Research: Methods of the Research: The method used in analyzing and discussing the problem is normative research method. The Ambon City Government until now still has not established a Regional Regulation to regulate the granting of business licenses for modern alfamart and indomaret stores, this has resulted in the construction of modern alfamart and indomaret stores which are built in close proximity so that they can cause unfair competition between modern stores and people's markets / traditional shopsResults / Findings / Novelty of the Research: The results showed that the Ambon city government, before the enactment of the Job Creation Law, always issued business licenses for the establishment of modern alfamart and indomaret stores based only on the Presidential Regulation and Permendag, but did not ignore its obligation to establish its Regional Regulations to regulate the granting of business licenses for modern alfamart and indomaret stores in the city of Ambon itself, resulting in a lot of unhealthy competition between small shop entrepreneurs or people's markets with traditional shops.

Penyelesaian Sengketa Batas Wilayah Petuanan Masyarakat Hukum Adat Liliali Dan Kayeli Bessy, Sitna Hajija; Lakburlawal, Mahrita Aprilya; 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.v3i1.19724

Ulayat rights in the customary law community are the highest land control rights which contain two elements/aspects, namely private and public. Minister of Home Affairs Regulation Number 45 of 2016 concerning Guidelines and Confirmation of Village Boundaries, explains that the determination and confirmation of village boundaries is to create orderly government administration, providing clarity and legal certainty regarding the territorial boundaries of a village that meets technical and juridical aspects. Petuanan Liliali is in Liliali District and directly borders Petuanan Kayeli. However, in 2017, problems arose regarding the territorial boundaries between Petuanan Liliali and Petuanan Kayeli. The aim of this research is to determine and explain the territorial boundaries of customary law communities and the government's responsibilities in resolving the Petuanan Liliali area in relation to customary territory disputes. The research method used is an empirical juridical research method. The results of the research show that the resolution of the petuanan territorial boundary dispute was carried out in a traditional manner, namely a customary process with the initial stage of calling both parties to come to attend the customary process at the residence of Raja Liliali which was planned to find a solution and a way out so that this petuanan territorial boundary dispute case did not continue and prolonged and does not cause undesirable things that can harm both parties. The final stage will be carried out. After everything has been discussed, this final stage will be carried out to create peace points that have been agreed upon by Petuanan Liliali and Kayeli. The peace deed will be signed by all parties concerned in the mediation process related to the dispute over the boundaries of the Petuanan Liliali and Kayeli territories that occurred.

Kewenangan Melakukan Pengawasan Pembangunan Konstruksi Speed Bump Pada Jalan Tanda, Nunung Ramadan; Pattinasarany, Yohanes; 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.v3i1.19743

The construction of speed bumps regulated in the Regulation of the Minister of Transportation Number 14 of 2021 concerning Amendments to the Regulation of the Minister of Transportation Number 82 of 2018 concerning Road User Control and Safety Devices, this supervisory authority is carried out to ensure that the construction of speed bumps is in accordance with the technical standards set out in the regulations. However, the construction of speed bumps is not in accordance with the regulations, making it difficult for motorized vehicle drivers to drive. For this reason, this paper examines 2 issues, namely which institution has the authority to supervise the construction of speed bumps on roads, how to supervise the construction of speed bumps on roads in Ambon City. Research method used is normative juridical, using a legislative approach, a conceptual approach, and a case approach. The law used is decision studies, journals, and internet media. The results of the study show that supervision of the construction and installation of speed bumps is the responsibility of several related institutions, depending on the location and type of road concerned. The local government, through the public works department or transportation department, has the authority to regulate and supervise the construction of speed bumps on local and regional roads. The installation of speed bumps must comply with the provisions stipulated in the Regulation of the Minister of Transportation Number 82 of 2018 concerning road user control and safety devices. Speed bumps that do not meet the provisions can be subject to criminal sanctions. Therefore, the importance of supervision from the authorized institution to supervise speed bumps is the transportation department, which must obtain permission from the local transportation department.

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

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.

The Rights of Indigenous Law Communities in Forest Management in the West Seram Regency: A Perspective of National and Customary Law E.M., Nirahua Salmon; Nirahua, Garciano; Soplantila, Ronny
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8691

Recognition of indigenous legal communities as legal subjects with rights over their territories and natural resources is a constitutional mandate, as stipulated in Article 18B, paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In West Seram Regency, indigenous legal communities have a traditional governmental structure that manages customary forests as part of the territorial domains. This article aims to analyze the implementation of the rights of indigenous legal communities in forest management from a constitutional perspective and local practices. The research method used is a juridical-empirical approach with data collection techniques through literature study and interviews with local leaders and regional officials. The research findings indicate that although there is a normative recognition of the rights of indigenous peoples, the implementation at the local level, especially in West Seram Regency, still faces regulatory, administrative, and political obstacles. This causes the legal status of customary forests to be unclear and vulnerable to overlap with state claims or corporate permits. Therefore, affirmative steps are needed from local governments through regional regulations and collaborative programs that strengthen the position of indigenous communities as key actors in the management of forests based on local wisdom. The local wisdom of customary law communities, accumulated throughout the history of the development of customary law communities, plays a significant role for the customary law communities and their rights, including communal land rights both in marine and terrestrial areas.Â

Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia Ru'ati, Amien; Nirahua, Garciano; Soplantila, Ronny
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Introduction: The Constitutional Court is a state institution that has judicial authority based on the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the judicial review of the 1945 Constitution by the Constitutional Court, many decisions of the Constitutional Court were not carried out by other State Institutions or Government Agencies which have the obligation to follow up and implement the Constitutional Court Decisions. If the decision of the Constitutional Court is not implemented in the Unitary State of the Republic of Indonesia, it can legally interfere with the administration of government as a result of not implementing the decision of the Constitutional Court as a State Institution that has attribution authority in the 1945 Constitution of the Republic of Indonesia. Purposes of the Research: To analyze the Executive Power of the Decisions of the Constitutional Court which are final and binding in Indonesia Methods of the Research: The type of research used in this writing is normative juridical research. Results of the Research: The results show that the Constitutional Court's decision has executive power because it is final and binding when pronounced by the Constitutional Court Judge, and the Constitutional Court's decision actually has a juridical position as law and is used as a source of law by the DPR and the Government in forming laws. related to the decision of the Constitutional Court

Legal Product Formation and Financial Management Nirahua, Salmon Eliazer Marthen; Nirahua, Garciano; Soplantila, Ronny
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2990

Introduction: The village is granted broader authority to regulate and manage the interests of the community. Therefore, a number of village regulations must be created to effectively implement this authority. The importance of these village regulations is also aimed at accelerating the realization of public welfare through improvements in services, empowerment, community participation, and enhancing regional competitiveness, while considering the principles of democracy, equity, justice, as well as the uniqueness and special characteristics of each region within the framework of the Unitary State of the Republic of Indonesia.Purposes of The Devotion: The aim of this community service activity is to enhance the knowledge and skills of the community regarding the position of regional regulations, the process of making regional regulations, and the proper implementation of village governance.Method of The Devotion: Community service is carried out using a legal counseling method that focuses on interactive presentations or seminars, so that the service is not monotonous and does not only rely on the speaker. The topics covered include the formation of regional legal products, or "Perneg," and financial management in the administration of regional governance.Results Main Findings of the Devotion: In general, participants in the community service activity are not aware that the role of regional regulations in the process of regional governance is very fundamental. This is because the process of regional governance itself is regulated in such a way in the law, where every rule or technical guideline for managing the region is already outlined in that law. Specifically, regarding the boundaries of the region and regional governance, these need to be regulated in regional regulations, as this will impact the status of the region itself.

Kewenangan Melakukan Pengawasan Pembagunan Kontruksi Speed Bump Pada Jalan Tanda, Nunung Ramadan; Pattinasarany, Yohanes; Nirahua, Garciano
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.v3i2.18090

The construction of speed bumps regulated in the Regulation of the Minister of Transportation Number 14 of 2021 concerning Amendments to the Regulation of the Minister of Transportation Number 82 of 2018 concerning Road User Control and Safety Devices, this supervisory authority is carried out to ensure that the construction of speed bumps is in accordance with the technical standards set out in the regulations. However, the construction of speed bumps is not in accordance with the regulations, making it difficult for motorized vehicle drivers to drive. For this reason, this paper examines 2 issues, namely which institution has the authority to supervise the construction of speed bumps on roads, how to supervise the construction of speed bumps on roads in Ambon City. Research method used is normative juridical, using a legislative approach, a conceptual approach, and a case approach. The law used is decision studies, journals, and internet media. The results of the study show that supervision of the construction and installation of speed bumps is the responsibility of several related institutions, depending on the location and type of road concerned. The local government, through the public works department or transportation department, has the authority to regulate and supervise the construction of speed bumps on local and regional roads. The installation of speed bumps must comply with the provisions stipulated in the Regulation of the Minister of Transportation Number 82 of 2018 concerning road user control and safety devices. Speed bumps that do not meet the provisions can be subject to criminal sanctions. Therefore, the importance of supervision from the authorized institution to supervise speed bumps is the transportation department, which must obtain permission from the local transportation department.

Kompetensi Pengadilan Negeri Dalam Putusan Penundaan Pemilihan Umum Aprilia, Fita; Tjiptabudy, Jantje; Nirahua, Garciano
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.v6i1.3518

General elections are a form of implementation of democratic values, If there is an abuse of authority by the organizers of the general election, the judge has a very important role through the means of the court has the competence to resolve the election disputes that occur, The competence of the court in handling cases consists of relative competence and absolute competence. Court competence is given so that judges are not arbitrary in carrying out their duties. In reality, courts often adjudicate cases that are not their authority. Therefore, there are two problem formulations in this study, namely whether the district court has the authority to decide on the postponement of elections and what are the legal consequences of the district court's decision regarding the postponement of elections?The purpose of this study is to analyze the legal basis of the district court’s authority in deciding the postponement of general elections and to examine the legal consequences arising from such decision concerning the exercise of citizens’ constitutional rights and the duties of the election management body.Metode of research used is normative juridical, which primary legal sources and secondary sources as well as tertiary legal sources. Legislation approach, conceptual approach and case approach of the Central Jakarta District Court Decision Number 757/Pdt.G/2022/PN Jkt.Pst, which are used to solve the legal issues studied.The results of this study indicate that the Central Jakarta District Court Number: 757/Pdt.G/2022/PN.Jkt.Pst. The decision to postpone the election by the Central Jakarta Court, with a lawsuit against the government filed by the Prima Party as the plaintiff against the KPU as the defendant, is ultra vires. Ultra vires means that the decision is beyond the authority, or exceeds the authority of the judge, this is based on Law Number 30 of 2014 concerning Administration and is clarified by Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Resolving Government Action Disputes and the Authority to Adjudicate Unlawful Acts by Government Agencies and / or Officials that the State Administrative Court has the authority to adjudicate disputes over unlawful acts by the government called (Onrechtmatige Overheidsdaad). The decision to postpone the general election by the district court is null and void. In order to protect the constitutional rights and the rights of citizens to conduct elections, the KPU made legal efforts to the DKI Jakarta High Court. The decision of the DKI Jakarta High Court No. 230/PDT/2023/PT then canceled the Decision of the Central Jakarta District Court No. 757/Pdt.G/2022/PN Jkt.Pst.

Penetapan Mata Rumah Parentah Dalam Sistem Pemerintahan Adat Sarimanella, Welfri; Pietersz, Jemmy Jefry; Nirahua, Garciano
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.23116

The king of a traditional country is usually appointed and elected directly by the traditional community of the traditional country, usually there is one or more clans (fam) that are descendants of the king (mata ruma parenta). With the issuance of Ambon City Regional Regulation Number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of the Country Government (hereinafter referred to as Regional Regulation no. 10 of 2017), the traditional community through the Saniri Negeri determines the mata rumah parentah and is made in a country regulation. The research method used is normative legal research. The normative legal research method is a library legal research conducted by examining library materials or secondary data. This research was conducted in order to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject of Language. The use of legal material sources consists of primary and secondary legal materials to discuss the formulation of the problem. The results of the study show that: (1) the determination of the house of the panrentah has been in accordance with the laws and regulations as per the Ambon City Regional Regulation Number 10 of 2017 concerning the appointment, election, inauguration and dismissal of the head of government. Which is procedurally implemented by the Saniri Negeri through a voting system. This system has also been regulated in the Central Maluku Regency Regional Regulation Number 04 of 2006 concerning guidelines for organizing the Saniri Negeri or the State Deliberative Body; (2) Law as a regulation of human behavior that is mandatory and must be obeyed. The legal consequences if the determination of the house of the parentah in a traditional country is the postponement of the election of the candidate for head of the state government (King).

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