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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 PATTIMURA Law Study Review 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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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

Abstract

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 Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9054

Abstract

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Analyzing juridically through reviewing laws and regulations relating to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments. Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.
Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Negara Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13517

Abstract

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Research methods with the aim of analyzing juridically through reviewing laws and regulations related to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses Methods of the Research: The writing of this thesis uses normative legal Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.
Eksistensi Lembaga Adat Dalam Penyelesaian Sengketa Pertanahan Mahu, Muhammad Ridwan; Nirahua, Salmon Eliazer Marthen; Salmon, Hendrik
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i2.12092

Abstract

In customary law communities, disputes have long been resolved by deliberation and consensus through customary institutions known as customary courts. Usually, those who act as judges in these institutions are traditional leaders (customary heads) and religious leaders. The purpose of this study is to determine and analyze the position of customary institutions in resolving land disputes, as well as whether the decisions of customary institutions have binding legal force. This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied. The position of customary institutions in land disputes as Customary Judicial Institutions used to resolve conflicts that generally occur in customary law communities is by way of dispute resolution outside the court according to the customary law system based on peace and harmony in people's lives. The decisions of the Customary Courts have binding force on the disputing parties, although in the hierarchy of judicial power the decisions of customary judges are not explicitly recognized, but in practice the existence of customary judges decisions is still recognized as long as the customary law community is also recognized and implemented by the disputing parties so that every decisions issued by customary judges are binding on the customary law community concerned.
Maladministrasi Dalam Bidang Pendidikan di Indonesia Ohorella, Muhammad Fawwaz; Nirahua, Salmon Eliazer Marthen; Nendissa, Renny Heronia
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.v3i2.24349

Abstract

The legal issue in this study is the finding of intolerance against students in the school environment, namely the polemic of non-Muslim students at SMK Negeri 2 Padang, West Sumatra who are required to wear hijab. Therefore, it is interesting to examine whether intolerance can be categorized as a form of maladministration so that administrative sanctions can be applied to the action itself. The purpose of this study is to find out and analyze acts of intolerance against female students that can be categorized as maladministration and administrative sanctions that can be applied to acts of intolerance for female students in the school environment. The research method used in this writing is a normative juridical research method with a legislative approach and a conceptual approach. The results of this study can be concluded that Intolerance Actions for female students in the school environment can be categorized as a form of maladministration in the education sector. This is based on Article 1 point 3 of Law Number 37/2008 and Article 11 of Ombudsman Regulation Number 26/2017 which defines maladministration as a form of behavior or unlawful act, one of which is discrimination, on the grounds that it does not provide freedom for students to behave and express their opinions through the way of wearing a uniform in accordance with the religion adhered to and this action is a violation of government administration and public services. Administrative sanctions that can be applied to acts of intolerance for students in the school environment are that they can be subject to disciplinary sanctions based on the rule of law.
Eksistensi Perlindungan Hukum Secara Digitalisasi Bagi Wajib Pajak Selebgram Berdasarkan Administrasi Perpajakan Di Indonesia Loupatty, Yopi; Nirahua, Salmon Eliazer Marthen; Tita, Heillen Martha Yosephine
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.v1i3.578

Abstract

Introduction: Selebgram as an income taxpayer has rights and obligations as a fundamental pillar.Purposes of the Research: This writing aims to discuss and analyze the digitalization of legal protection for taxpayers based on the provisions of tax administration in Indonesia.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. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: Legal protection, both prevention and repressive measures, has a good influence on all applications and websites for every celebgram taxpayer. The form of the site and application of new schemes in keeping up with current developments. The Call Center, Taxpayer Account, Cash Receipt System is half of the development of digitization used in Indonesia for legal protection for program taxpayers.
Urgensi Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2020 Tentang Perubahan Ketiga Atas Undang-Undang Nomor 1 Tahun 2015 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2014 Tentang Pemilihan Gubernur, Bupati, dan Walikota Menjadi Undang-Undang Sariati, Eka; Nirahua, Salmon Eliazer Marthen; Sedubun, Victor Juzuf
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.632

Abstract

Introduction: Government Regulation in Lieu of Law Number 2 of 2020 has provided a legal basis for the implementation of the Pilkada in 2020, the voting was conducted in December 2020.Purposes of the Research: This writing aims to find out and understand about the right legal products in the implementation of regional elections during the Pandemic.Methods of the Research: The research method used is normative juridical. 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. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The issuance of Government Regulations in Lieu of Law Number 2 Year 2020 is not yet correct, There have been too many changes that have emerged for Law No. 1 of 2015. Then Based on Appendix II number 237 of Law no. 12 of 2011, the Government should understand that if a change in laws and regulations results in a change in systematics, the changed material is more than 50%, or its essence changes, it is better if it is revoked and rearranged in a new form. Parameters of Matters that forced the issuance of Perppu Number 2 of 2020, namely First, the Non-natural disaster Pandemic Corona Virus Disease 2019 (Covid-19) which has caused many casualties; Second, namely the absence of law or there is a law but it is not sufficient
Penegakan Hukum Administrasi Terhadap Izin Usaha Perkebunan Budidaya Di Kabupaten Seram Bagian Timur Kohilay, Puan Yulistiana; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.900

Abstract

Introduction: The government of East Seram district issued a nutmeg cultivation business permit to CV Sumber Berkat Makmur which was carried out in Sabuai village, Siwalalat district, East Seram district, by not activating the supervisory function and applying sanctions.Purposes of the Research: Analyzing and reviewing how the East Seram district government should enforce administrative law on permits that have been issued. Methods of the Research: This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines in order to answer the legal issues at hand.Results of the Research: The government of East Seram district issued a business license for nutmeg cultivation in Sabuai village, Siwalalat district, East Seram district, after the permit was issued the government did not exercise its authority based on the applicable laws and regulations. In addition, the SBT government as the permit issuer also implements sanctions in the form of revocation of business licenses but this is not in accordance with the procedures for applying sanctions in existing laws and regulations.
Implementasi Kewenangan Pemerintah Daerah Terhadap Jalan Rusak Sawelet, Agnes; Nirahua, Salmon Eliazer Marthen; Saija, Vica Jillyan Edsti
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.921

Abstract

Introduction: This study discusses the authority of the local government on damaged roads in Taniwel District, West Seram Regency, Maluku Province.Purposes of the Research: Reviewing and Analyzing the Authority of the Western Seram Government on Damaged Roads in Taniwel District and Reviewing and Analyzing the Non-Performance of Maintenance of Damaged Roads by the Western Seram Government as an Abuse of Authority. Methods of the Research: The research used is a legal research method that uses empirical facts and descriptive type taken from human behavior, both verbal behavior obtained through interviews and real behavior carried out through direct observation Data and information collected from research results, both interviews with relevant agencies or from the village government which is then analyzed through a qualitative approach, namely an analytical descriptive method by using a way of grouping and selecting the data obtained from research to obtain conclusions.Results of the Research: Damaged roads in Buria Village, Taniwel District, West Seram Regency (SBB) are categorized as Regency roads and are the authority of the West Seram Regency (SBB) Regional Government, based on Law Number 23 of 2014 concerning the division of road affairs, including the area of provincial roads. , district, city and based on the results of research that the author did. The West Seram Regency Government (SBB) cannot carry out road maintenance in Buria Village, Taniwel District, West Seram Regency because there are various obstacles faced so that the road maintenance process cannot be carried out from 2018 to 2021, based on Articles 17 and 18, it is not The maintenance of roads by the West Seram Regency Government (SBB) on damaged roads cannot be categorized as an abuse of authority but is an oversight of the Regional Government because the Regional Government has allowed the road to be damaged until now.
Co-Authors Andress Deny Bakarbessy Bakarbessy, Andress Deny Corputty, Patrick Ely, Hesty Kusumaningsy Iftitah, Wulan Ramadhani Jonler, Yutson Kohilay, Puan Yulistiana Loupatty, Yopi Mahu, Muhammad Ridwan Miru, Grazia Vione Nendissa, Renny Heronia Nirahua, Garciano Ohorella, Muhammad Fawwaz Pattipawae, Dezonda Rosiana Pietersz, Jemmy Jefry Piris, Hendry John Ronny Soplantila Rumadan, Muhamad Rizki Rumbia, Dedi Salmon, Hendrik Sariati, Eka Sawelet, Agnes Sedubun, Victor Juzuf Seleky, Adolop Sikafir, Beregita Lidiana Tirande, Darwis Tita, Heillen Martha Yosephine Toffy, Giovani Babtista Montini Toule, Elsa Rina Maya Vica Jillyan Edsti Saija Wadjo, Hadiba Zachra Wirabuana, Zainuddin