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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal Bacarita Law Journal CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri Matakao Corruption Law Review BAMETI Customary Law Review
Nirahua, Salmon Eliazer Marthen
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Law, Crime, Criminology & Criminal Justice

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Kewenangan Mediator Khusus Ditingkat Daerah Dalam Menyelesaikan Perselisihan Hubungan Industrial Jonler, Yutson; Nirahua, Salmon Eliazer Marthen; Pattipawae, Dezonda Rosiana
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.8553

Abstract

Appointment of a Special Mediator by the Minister without having to undergo mediator certification, which is an absolute requirement for mediators in general. The purpose of this writing is to find out and analyze the mechanism for appointing and handling industrial relations disputes by Special Mediator as a form of legal protection for disputing parties. The research method is normative juridical. The research results show that the Minister's authority to appoint special mediators at the regional level is in accordance with the mandate of the constitution, however, in this appointment there is an urgent dispensation, namely being exempt from undergoing mediator certification, which is an absolute requirement for mediators in general. The existence of this dispensation will have an impact on special mediators at the regional level in handling industrial relations disputes.
Fungsi Dewan Perwakilam Rakyat Dalam Pembentukan Peraturan Daerah Sikafir, Beregita Lidiana; Nirahua, Salmon Eliazer Marthen; Pietersz, Jemmy Jefry
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2052

Abstract

Introduction: Article 1 paragraph 3 of the Republic of Indonesia Constitution provides legal guarantees. The Indonesian state in its government system has developed in terms of state institutions which we usually know as decentralization, the presence of the DPRD as a legislative institution or people's representative institution has the task of regulating regional government. Law Number 23 of 2014 concerning Regional Government, the DPRD has duties and authorities at the provincial and district/city levels, one of which is forming regional regulations.Purposes of the Research: This study aims to etermine the whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out by the DPRD.Methods of the Research: This study use normative juridical research, which to find out whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out the DPRD.Results of the Research: unction forming regional regulations as obligation of the DPRD is regulated in Law No. 23 of 2014 concerning Regional Government. in making regional regulations, authority is given by Bapemperda whose authority regulated by Article 52 PP No. 12 of 2018 concerning Guidelines for Preparing Provincial, Regency, City DPRD tatips. Bapemperda in exercising its authority to form regional regulations is outlined in the Propemperda. The authority given by this law is expected that the DPRD can understand its function an obligation. Among them is the function of forming regional regulations as an obligation of the DPRD. legal consequences for the DPRD not carrying out the function of forming regional regulations based on the problems raised by the author are that there are legal sanctions for the DPRD.
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.
Tanggung Jawab Negara Dalam Pemenuhan Hak Hak Penganut Aliran Kepercayaan Iftitah, Wulan Ramadhani; Nirahua, Salmon Eliazer Marthen; Nendissa, Renny Heronia
Jurnal Saniri Vol 2, No 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1321

Abstract

Introduction: Constitutional Court Decision No. 97/PUU- XIV/2016 which gives recognition to adherents of a belief, with this decision the state guarantees the fulfillment of its constitutional rights but in its implementation there are still discriminatory actions against adherents of a belief. And it is clearly contrary to Article 29 (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: The method used in this paper is met. The method used in this paper is the normative research method. The research method is normative.Methods of the Research: The method used in this paper is a normative research method. Results / Findings / Novelty of the Research: From this writing, it is found that the implementation of constitutional rights to adherents of a belief has not been carried out so well, which still requires regulation, attention, and legal certainty from the government as the executor of state responsibility.
The Utilization of Restorative Justice as a Means of Solving Crimes on the Outermost, Frontier and Remote Islands Toffy, Giovani Babtista Montini; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
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.v5i1.2219

Abstract

Introduction: The legal community needs a criminal justice system that is fast, easy, economical and not complicated for the community of Letti Island District, which is the most remote outermost island, the court that hears criminal and civil cases is located on the Tanimbar Islands, the use of restorative justice by the Serwaru Police and the application of culture "Snyoli – Lieta” As “Hidup Orang Basudara” on the island in Letti Island acts as a filter in resolving criminal cases.Purposes of the Research: Analyze and discuss the basis for using restorative justice as a means of resolving criminal acts in the Serwaru Police Legal Area, Letti Island District, Southwest Maluku Regency as the outermost, foremost, and remote island.Methods of the Research: This research was conducted using an empirical legal research type. The empirical legal research method is a study of how the law is carried out in the field as it should be in people's lives.Results Main Findings of the Research: The basis for the use of justice restorative as a means of resolving criminal acts in the Legal Area of the Serwaru Police, Letti Island District, Southwest Maluku Regency as the outermost, foremost, remote island is based on the "Snyoli Lyeta" culture whose resolution mechanism is the same as the mediation process adopted inrestorative justice which prioritizes the deliberation process between victims and perpetrators of criminal acts, so that almost all criminal acts handled by the Serwaru Police in implementing National Police Chief Regulation Number 8 of 2021 can be resolved using justice.
Kewenangan Penetapan Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi Seleky, Adolop; Nirahua, Salmon Eliazer Marthen; Corputty, Patrick
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (774.036 KB) | DOI: 10.47268/pela.v1i1.5928

Abstract

Introduction: The laws and regulations in force in Indonesia have given the BPK the authority to determine and determine state losses which are the basis for investigating corruption by investigating agencies, both the Prosecutor's Office and the Police. Purposes of the Research: To examine the authority of state institutions in determining losses as the basis for investigating corruption crimes. Methods of the Research: The type of research used in this paper is normative juridical research, which is also called doctrinal research. Results Originality of the Research: The results of the study indicate that the Government Internal Supervision apparatus including BPKP according to the legislation does not have the authority to determine state financial losses as the basis for investigations by investigating agencies in corruption. The results of the determination of state losses carried out by the Government Supervision Apparatus in this case the BPKP are often used as the basis for investigating criminal acts of corruption. This will raise the question of the validity of government actions carried out by the investigative apparatus, both the Prosecutor's Office and the Police in the investigation of criminal acts of corruption
Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa Tirande, Darwis; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.768 KB) | DOI: 10.47268/pela.v1i2.6435

Abstract

Introduction: Criminology makes a very large contribution to criminal law, by revealing the factors that cause corruption Purposes of the Research: This research also aims to, first; Analyze and explain the factors that cause corruption in village funds in Maluku, secondly; Analyze and explain efforts to overcome corruption in village funds in Maluku. Methods of the Research: The type of research used is normative law research using a statutory approach (Statute Apporach), conceptual approach (Conceptual Apporach) and case approach (Case Apporach). While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results Originality of the Research: Based on the results of the study, the factors causing the occurrence of corruption in village fund funds were caused by various factors including regulatory factors that gave broad authority to village heads in managing village funds, as well as village heads who did not know how to manage village funds properly so that ignorance led to what they are doing without realizing that it is a criminal act of corruption and lack of community participation in controlling the management of village funds, therefore the effort that must be made is to carry out preventive efforts as a preventive measure by recognizing the modus operandi, training by the village head and improving personality to villages and improve the community environment so that they participate in supervising village funds, while repressive efforts are to prioritize law enforcement and provide guidance to village heads who have committed criminal acts of corruption
Pertanggungjawaban Pidana Terhadap Jabatan Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa Miru, Grazia Vione; Nirahua, Salmon Eliazer Marthen; Wadjo, Hadiba Zachra
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i2.8602

Abstract

Introduction: The element of “abusing authority” is a core part of the corruption offense. Purposes of the Research: Abuse of authority is a form of unlawful act. Methods of the Research: The method in this study was carried out using the type of research used was normative legal research. The approach to the problem used in this paper is a statutory approach. The sources of legal materials use Primary Legal Materials and Secondary Legal Materials. The technique of collecting legal materials uses statutory regulations, books and the internet, which is also the technique of managing and analyzing legal materials using qualitative analysis methods. Results of the Research: In terms of carrying out the duties and authorities as a definitive official as well as a task-carrying official in the Southwest Maluku district communication and information office, the actions of an official based on the authority attached to his or her position are not necessarily free from legal problems. In order to continue the Runway construction work (Moa airport construction work) sourced from the 2012 Fiscal Year Budget, the defendant PM as a Budget User (PA) and as a Commitment Making Officer (PPK) because his negligence resulted in state financial losses
Penerapan Disiplin Pegawai Negeri Sipil Di Pengadilan Negeri Ambon Ely, Hesty Kusumaningsy; Nirahua, Salmon Eliazer Marthen; Pattipawae, Dezonda Rosiana
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10678

Abstract

Introduction: The position of civil servants has a strategic role in governance. Civil servants as an instrument of government are very central because they carry and carry out components of government regulations and policies to realize the goals of the state. In order to effectively prevent the occurrence of irregularities in the implementation of duties or violations of the behavior of court officials, it is necessary to carry out continuous supervision and guidance by each direct superior to his subordinates. Purposes of the Research: to review and analyze the implementation of Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants at the Ambon District Court. Methods of the Research: normative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials and secondary legal materials. The problem approach used in this study is the statutory approach, and the conceptual approach. Results of the Research: Discipline violations are any words, writings, or actions of civil servants that do not comply with their obligations and/or violate the prohibition of civil servant disciplinary provisions. In November 2021 one ASN PN Ambon disobeyed obligations and violated the prohibition on civil servant disciplinary provisions both carried out inside and outside working hours by using Office Cooperative money and other deductions that were taken intentionally to be used to play online gambling and used to fulfill needs the day-to-day family according to the reasons conveyed by the civil servant, the husband of the civil servant stated that the money taken by his wife was not to meet the daily needs of the house.
Pembatalan Surat Keputusan Bupati Oleh Penjabat Sementara Bupati Rumadan, Muhamad Rizki; Nirahua, Salmon Eliazer Marthen; Saija, Vica Jillyan Edsti
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 2024 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.v2i1.13687

Abstract

The Validity of the Regent's Decree which was annulled by the Acting Regent, which of course is motivated by regulations and/or laws, especially law Number 30 of 2014 concerning Government Administration, which in scope also regulates the requirements for the validity of decisions which contain the elements the authority of administrative officials or state administration officials of reviewed in terms of authority. Procedures and also the subtance of the objeckt of the decisions, as well as looking at the legal consequences of canceling decisions made by the acting Regent. This writing discusses two issues, namely: 1). Can the acting regent be able to cancel the Regent's Decree. 2). What are the legal consequences of the cancellation of the Regent's Decree by the Acting Regent.
Co-Authors Bakarbessy, Andress Deny Corputty, Patrick Ely, Hesty Kusumaningsy Iftitah, Wulan Ramadhani Jonler, Yutson Mahu, Muhammad Ridwan Miru, Grazia Vione Nendissa, Renny Heronia Nirahua, Garciano Pattipawae, Dezonda Rosiana Pietersz, Jemmy Jefry Piris, Hendry John Rumadan, Muhamad Rizki Rumbia, Dedi Salmon, Hendrik Seleky, Adolop Sikafir, Beregita Lidiana Soplantila, Ronny Tirande, Darwis Toffy, Giovani Babtista Montini Toule, Elsa Rina Maya Vica Jillyan Edsti Saija Wadjo, Hadiba Zachra Wirabuana, Zainuddin