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Penegakan Sanksi Disiplin Aparatur Sipil Negara Yang Tidak Menjalankan Tugas Laim, Aderisal; Nendissa, Renny Heronia; Holle, Eric Stenly
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.v4i1.8444

The need for strict disciplinary sanctions to be applied to state civil servants who do not carry out their duties because many state civil servants in the Aru islands district do not carry out their duties properly. The aim of the research is to determine and analyze forms of enforcement of disciplinary sanctions for State Civil Apparatus who do not carry out their duties and to analyze the legal consequences. This study uses a normative research type using a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials. Legal materials were obtained from literature studies and were processed and analyzed qualitatively. The results of the this study indicate that enforcing the discipline of the state civil apparatus is an effort to foster state civil servants who are not carrying out their duties. With the goverment’s commitment to provide the best service to the community. And the formation of discipline which can be carried out in two ways, namely through the application of strict disciplinary measures.

Application of the Concept of Community Based Natural Resource Management in the Exploitation of Small Islands Forest Resources in Maluku Province Holle, Eric Stenly
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3141

Law No. 27 of 2007 on The Management of Coastal Areas and Small Islands as a constitutional basis specifically regulates the management of small islands for various activities. But on the other side, the law does not specifically regulate the management of forest resources while exploitation activities carried out by forest utilization permit holders are more carried out on small islands in Maluku Province that have their own characteristics and vulnerabilities that cause various ecological, socio-cultural and economic problems. This article is a normative legal study that examines positive legal provisions, legal principles and legal doctrines using legal approaches and conceptual approaches related to the issues studied. The results showed that the basic principles of forest resource management based on the state through various policies and legislation proved to have caused various crises in the field of forestry that ultimately threaten the environment and the existence of indigenous legal communities on small islands. On that basis, it is necessary to change the concept of forestry development that focuses more on the forest resource management system based on the community or Communnity Based Natural Resource Management which aims to alleviate poverty, natural resource conservation and good governance that involves the community actively in every government policy in forest management.

Pemenuhan Hak Masyarakat Atas Pencetakan Kartu Tanda Penduduk Elektronik di Kota Ambon Tomasila, Sindi Marlen; Saptenno, Marthinus Johanes; Holle, Eric Stenly
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.v2i2.1320

Introduction: Good public service is the right and hope of every citizen and resident. Especially to apply the concept of good governance in Indonesia, one of the strategic choices is through the implementation of public services in order to form good governance. However, in its implementation there are still public services that are not in accordance with public service standards so that it has implications for the occurrence of maladministration actions that can cause harm to the community. One of them is the uncertainty of time in the service process.Purposes of the Research: The purpose of writing this thesis is to find out and analyze the 30 (thirty) minute period of service standards for making Electronic Identity Cards (e-KTP) that are not met, categorized as maladministration and legal remedies if the time period according to the service standards is not met.Methods of the Research: The type of research used in this research is normative legal research, namely legal research conducted by examining library materials or secondary materials consisting of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results / Findings / Novelty of the Research: The results and discussion show that the 30 (thirty) minute period of completion of the e-KTP printing service at the Ambon City Population and Civil Registration Office in 2019 to early 2022 was not carried out in accordance with the contents of service standards with the constraints of limited e-KTP printing machines, the lack of officers in the e-KTP printing section and the lack of e-KTP forms per day which are not proportional to the number of people who will print e-KTPs, resulting in time uncertainty and work delays which have an impact on service discrimination. to get fast service. This action certainly deviates from administrative ethics which is referred to as maladministration. Seeing this, the construction of legal liability for maladministration acts carried out by public service providers needs to be reviewed, because the sanctions imposed have not been able to prevent maladministration actions that occur.

State Recognition and Respect for the Rights of Customary Law Communities in the Maluku Islands Region in the Exploitation of Forest Resources Matuankotta, Jenny Kristiana; Holle, Eric Stenly
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.852

Introduction: The Constitution clearly provides recognition and respect for the existence of society customary law in Indonesia is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, how is the implementation in the islands such as Maluku Province which has unique characteristics such as cultural, social, religious culture and especially in the utilization of forest resources based on local wisdom that has been maintained for generations.Purposes of the Research: The purpose of this research is to analyze and explain how the state's recognition and respect for the rights of indigenous peoples to the use of forest resources in the constitution and secondly to analyze how the implementation of state control over forest resources is related to the rights of indigenous peoples in Maluku Province.Methods of the Research: This study uses two approaches, namely a legal approach which examines various legal foundations, both products of legislation and regulations related to exploitation of forest resources in islands and the second approach is a conceptual approach related to the problem under study.Results of the Research: The results show recognition and protection of indigenous peoples has been regulated in the 1945 Constitution and several sectoral laws. However, in practice, the rights of indigenous peoples over their forest resources often clash with the interests of the government in the name of development by granting various permits in the field of forest resources to corporations in the forestry sector, causing vertical conflicts between indigenous peoples and corporations in Maluku. as well as horizontal conflicts between state institutions in Indonesia. In addition, the criminalization and violence against indigenous peoples by law enforcement officers and violations of the rights of indigenous peoples by the state, especially the rights to control, manage and exploit forests, continue to this day. The government should enforce laws and development policies in Indonesia by immediately ratifying the draft law on the protection of the rights of indigenous and tribal peoples as an effort by the state to realize protection for every citizen and serve as a legal umbrella that is fair and non-discriminatory.

Pengawasan Pemerintah Daerah Terhadap Kerusakan Lingkungan Hidup Wailissa, Syahril; Saptenno, Martinus Johanes; Holle, Eric Stenly
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3168

In Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 23 of 2014 concerning Regional Government, it is emphasized that regional governments have an obligation to carry out supervision to prevent environmental damage. This study examines the case of weak regional government supervision of garnet sand mining activities in Negeri Haya, Central Maluku Regency, which caused coastal abrasion and damage to coastal ecosystems.The research method used is normative legal research with a legislative approach and a conceptual approach. The sources of legal materials consist of primary and secondary legal materials, with collection techniques through literature studies.Based on the results of the study, it was found that weak supervision of the Regional Government has a serious impact on the environment and community welfare, so that capacity building, strengthening of the supervisory function, and stricter law enforcement at the regional level are needed

Wewenang Ombudsman Republik Indonesia Dalam Pemeriksaan Maladministrasi Tes Wawasan Kebangsaan Pegawai Komisi Pemberantasan Korupsi Tuarita, Dedi Rusman; Sedubun, Victor Juzuf; Holle, Eric Stenly
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i12.881

Introduction: Law Number 37 of 2008 concerning the Ombudsman gives authority to the Ombudsman to supervise and examine the implementation of public services for maladministration by state officials. However, in carrying out its authority, the ombudsman is faced with the problem of the KPK TWK and receives a report on the maladministration of the KPK employee TWK, so this raises the issue of whether the KPK employee TWK is part of maladministration and part of the administration of public services.Purposes of the Research: This study aims to find out the Ombudsman of the Republic of Indonesia has the authority to examine maladministration of the national insight test of employees of the corruption eradication commission. Methods of the Research: Type of research used is normative, namely research that is based on the rule of law that can provide an explanation of the problems being studied. The problem approach is the legal approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials.Results of the Research: Ombudsman of the Republic of Indonesia has the authority to examine maladministration of the national insight test of corruption eradication commission employees, as that the TWK of KPK employees is part of the object of maladministration examination which is a term related to the duties of the ombudsman according to the form and concept of maladministration and based on article 1 number 3 Law No. 37 of 2008. and TWK of KPK employees are part of public services within the scope of administrative services as referred to in Article 5 paragraphs (1) and (2), Article 46 paragraph (1) of Law Number 25 of 2009 and as well as maladministration in the implementation TWK which resulted in 51 KPK employees being dismissed, so that KPK employees reported TWK maladministration to the ombudsman. Thus the ombudsman carries out his duties and functions in examining the TWK of KPK employees according to the provisions of Article 6 and Article 7 of Law No. 37 of 2008 which gives the ombudsman the authority to receive maladministration reports.

Kewenangan Pemerintah Dalam Melakukan Pengawasan Terhadap Lingkungan Hidup Nusalawo, Modesta; Sedubun, Victor Juzuf; Holle, Eric Stenly
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1135

Introduction: provides This study discusses the issue of government authority in supervising the environment.This study discusses the issue of government authority in supervising the environmentPurposes of the Research: The purpose of this study is to identify and analyze the government's authority in the environmental sector and to determine the implementation of the local government's supervisory authority on the environment based on Law Number 11 of 2020 concerning Job Creation.Methods of the Research: This study uses a normative legal research method using a statutory approach and a conceptual approach.Results of the Research: The results and discussion show that the Government based on Article 1 Paragraph (3), Article 71 paragraph (3) and Law No. 32 of 2009 concerning Environmental Protection and Management and Article 72 of Law No. 11 of 2020 on Job Creation, has the authority to carry out supervision of the environment which is the problem used by the author, namely the authority to supervise. The authority for environmental supervision according to Law No. 32 of 2009 includes supervision and the imposition of sanctions. However, the Job Creation Law Number 11 of 2020 specifically regulates, supervises and applies sanctions. The job creation law provides environmental approval, supervision and application of sanctions in the form of direct and indirect warnings, government coercion and does not give authority to local governments in supervising and implementing sanctions.

Tanggungjawab Pengusaha Terhadap Kesehatan Dan Keselamatan Kerja Bagi Nelayan Harian Lepas di Kabupaten Maluku Tengah Holle, Eric Stenly; Matitaputty, Merlien Irenne; Nendissa, Renny Heronia
Jurnal Saniri Vol. 6 No. 2 (2026): Volume 6 Nomor 2, Mei 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i2.3965

Introduction: Latar belakang penelitian ini muncul dari kondisi di lapangan yang menunjukkan bahwa mayoritas nelayan harian lepas belum sepenuhnya terlindungi oleh standar K3, karena kepemilikan jaket pelampung, kapal laik laut, dan partisipasi pelatihan keselamatan masih terbatas, sementara pengawasan dan penegakan hukum dari pemerintah daerah relatif minim. Purposes of the Research: Penelitian ini bertujuan untuk menganalisis implementasi tanggung jawab pengusaha terhadap kesehatan dan keselamatan kerja (K3) bagi nelayan harian lepas di Kabupaten Maluku Tengah, khususnya di Negeri Waai, Tulehu, Ureng, dan Hitu. Methods of the Research: Penelitian menggunakan pendekatan yuridis-normatif, untuk menelaah ketentuan hukum yang mengatur tanggung jawab pengusaha, perlindungan pekerja informal, dan standar K3, serta pendekatan yuridis-empiris, untuk menilai penerapan hukum di lapangan melalui wawancara, observasi, dan data dari terkait. Results / Main Findings / Novelty/Originality of the Research: Hasil penelitian menunjukkan adanya kesenjangan antara norma hukum dan praktik nyata di lapangan. Pengusaha kapal sering tidak menyediakan alat keselamatan yang memadai, prosedur operasional standar K3 tidak diterapkan secara konsisten, dan pelatihan keselamatan bagi nelayan sangat terbatas. Kondisi ini menimbulkan risiko tinggi terhadap keselamatan nelayan harian lepas dan menunjukkan lemahnya perlindungan hukum terhadap pekerja informal di sektor kelautan. Penelitian ini merekomendasikan rekonstruksi status hukum nelayan harian lepas, penyusunan kontrak kerja sederhana, penguatan regulasi daerah terkait K3, peningkatan pengawasan dan penegakan hukum, serta penyuluhan dan advokasi hukum untuk meningkatkan kesadaran nelayan tentang hak-hak mereka.

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