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The Compliance of Regional Autonomy with State Administrative Court Decisions Baranyanan, Soeleman Djaiz; Firmandayu, Nilam; Danendra, Ravi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.25

Divergent mechanisms governed by several laws in force in Indonesia continue to impede the implementation of decisions rendered by state administrative courts. As a result, issues about the nature of government autonomy, legal consciousness, leadership structures, and political determination arise in the context of regional autonomy. The employed research methodology is normative juridical research, which analyzes articles in the law on state administrative courts about the execution of state administrative court institutions' decisions to identify and formulate legal arguments. This study demonstrates discrepancies in how decisions are executed by state administrative tribunals in Indonesia and several challenges associated with their practical implementation. In order to address these challenges, four conceptual frameworks of executive authority have been developed to establish a mechanism for implementing administrative court rulings in a globalized environment. The evolution model of legal instruments for implementing decisions of state administrative courts, the defense model for various types of implementation such decisions, the law enforcement model for executing state administrative courts, and the execution model as a question vacate.

Tindakan Faktual Pemerintah dalam Pelaksanaan Putusan Peradilan Tata Usaha Negara Baranyanan, Soeleman Djaiz
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v5i2.16317

This study analyzes government compliance with State Administrative Court decisions and the factual impact of such implementation in the Indonesian legal system. Given that compliance with State Administrative Court decisions is part of the supremacy of law and citizen rights, this study will explore inhibiting factors and strategies to improve compliance. Law Number 5 of 1986 concerning State Administrative Courts and its amendments regulates the government's obligations in implementing State Administrative Court decisions. In addition, Law Number 30 of 2014 concerning State Administration also contains provisions relating to the discipline and authority of state administrative officials in implementing decisions. This study uses a juridical-normative method to examine the laws and regulations governing the implementation of State Administrative Court decisions. Legal certainty is a guarantee that laws are made, interpreted, and applied in accordance with clear and logical rules, so as not to provide room for arbitrariness. An integrated legal and administrative strategy is essential to increase compliance with State Administrative Court decisions. Compliance with decisions of the State Administrative Court is an important element in ensuring the principle of the rule of law. However, in practice, the implementation of State Administrative Court decisions is often hampered by various interrelated factors. These obstacles can be categorized into three main aspects, namely normative, structural, and cultural factors.

Local Government Actions in Disputes over the Installation of Hawear in Public Facilities Baranyanan, Soeleman Djaiz; Tita, Heillen Martha Yosephine
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.v5i1.2972

Introduction: The diversity of the Indonesian nation is a reality, even this diversity is a wealth as a gift from God who has stated that humans were created in groups so that they can get to know each other. This article discusses the actions of the local government in resolving the problem of installing hawear, a traditional symbol of the Kei community, which often clashes with the interests of building public facilitie.Purposes of the Research: This study aims to analyze the role and actions of local governments in resolving disputes over the installation of hawear, with a focus on the mediation process and the implementation of related policies.Methods of the Research: This study uses empirical juridical research methods with legal materials used in research are primary, secondary and tertiary with the use of literature study techniques in the form of applicable legal regulations, scientific works and several other literature.Results Main Findings of the Research: In the Kei Islands, Maluku, hawear serves as a marker of the boundaries of sacred customary territories according to Larvul Ngabal customary law. However, along with the development of the times and the need for infrastructure development, the installation of hawear often triggers conflicts between indigenous peoples and the government. The dispute over the installation of hawear (customary boundary signs) on public facilities in the Kei Islands, Maluku, has become a complex issue related to the duality of the government system, namely between Customary Villages and Administrative Villages. This conflict was triggered by differences of opinion regarding customary authority and the authority of local governments in determining territorial boundaries and public land use. This study explores the role of local governments in handling these disputes through mediation, negotiation, and harmonization approaches between customary law and positive law.

Pemberhentian Ketua Mahkamah Konstitusi Tidak Dengan Hormat Dalam Lembaga Mahkama Konstitusi Rawulunubun, Ignasius; Baranyanan, Soeleman Djaiz
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 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.v3i1.18054

The dismissal of constitutional judges whose term of office has not yet expired must refer to Law Number 7 of 2020 concerning the Constitutional Court, specifically Article 23, therefore the dismissal of constitutional judges that do not refer to the Constitutional Court Law is declared unconstitutional because it is contrary to the 1945 Constitution of the Republic of Indonesia Article 24C paragraph (6) and Article 25 dismissing the Chief Justice of the Constitutional Court Anwar Usman by the Constitutional Court Honorary Council (MKMK) in Decision Number 02/MKMK/L/11/2023, is suspected of violating the Code of Ethics and Guidelines for the Conduct of Constitutional Judges. The alleged violation is based on the involvement of the Chief Justice of the Constitutional Court Anwar Usman in case Number 90/PUU-XXI/2023 which was intended to pave the way for the Mayor of Solo Gibran Rakabuming Raka who is the nephew of the Reported Judge and the son of President Joko Widodo to meet the qualifications to compete as a Presidential candidate or Vice Presidential candidate in the 2024 Simultaneous General Election. In the involvement of the reported judge, Anwar Usman is considered to have violated the Basic Principle of Justice, namely impartiality. However, the dishonorable dismissal sanction read out by the Chairman of the Constitutional Court's Honorary Council in Decision Number 02/MKMK/L/11/2023, does not comply with the sanctions contained in Article 23 of Law Number 7 of 2020 concerning the Third Amendment to Law Number 24 of 2003 concerning the Constitutional Court and Article 41C in conjunction with 47 of the Constitutional Court Regulation Number 1 of 2023 concerning the Constitutional Court's Honorary Council.

Pembatalan Sertipikat Hak Milik Atas Tanah Oleh Peradilan Tata Usaha Negara Di Pengadilan Tata Usaha Negara Palembang Baranyanan, Soeleman Djaiz
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.v2i1.14044

This article examines legal issues, namely the cancellation of certificates of ownership of land in order to achieve legal certainty (Inkracht) and its implementation. The legal basis used is Law Number 5 of 1986 and SEMA No. 2 of 1991, concerning PTUN. Where the Decision at the Cassation level of the Supreme Court of the Republic of Indonesia Number 384 K/TUN/2013 in the name of Megawaty Delvin Tandiari (Plaintiff) is firm and clear in the main case as the party who won and was granted the Plaintiff's lawsuit, ordering the Head of the Land Office (Kakantah) to carry out the revocation , cancel the certificate of Land Ownership Decree, in the name of M. Riduwan Thamrin (Defendant), Number 1657/Kelurahan 20 Ilir D II Measurement Letter Number 34/20 Ilir D II/2012 dated 26 June 2012 Kemuning District covering an area of 750 M2, Basis The law used is the Basic Agrarian Law (UUPA), Law Number 3 of 2011 Regulation of the Head of the National Land Agency (PKBPN), provisions of Government Regulation no. 9 of 1999 and Regulation of the Head of BPN no. 11 of 2016, concerning the implementation of Administrative Court decisions State by BPN. And the execution of decisions is regulated in HAPTUN (vide article 116 paragraph 1-2 of Law no. 5 of 1986). This research uses the theory of legal protection and justice. And the Contrario Actus principle means that the issuing official has the authority to issue a decision and also has the authority to revoke the decision issued. This type of thesis research is normative legal research and field research, which uses analytical, legislative and field research approaches. Efforts to minimize the occurrence of object disputes due to the existence of two certificates on the same plot of land, by complying with applicable regulations and good cooperation between agencies to deepen knowledge in the field of law and increase discipline in the National Land Agency (BPN) Office system. The legal concept in the future must be more firm in providing sanctions if there are individuals who seek profit so that legal objectives can be achieved, namely legal certainty regarding the status of ownership rights, and the purpose of land registration is to obtain the legal status of the land, with cancellation the legal status of the land will be lost.

Education on the Impact Violence Against Children Taufik, Iqbal; Muammar, Muammar; Labetubun, Muchtar Anshary Hamid; Irham, Muhammad; Baranyanan, Soeleman Djaiz
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025 (In Progress Issue)
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3293

Introduction: Violence against children refers to any act that causes suffering and distress, whether physically, mentally, sexually, or psychologically, including actions that degrade the dignity of a child.Purposes of The Devotion: To raise awareness about the impact of violence against children at Sekolah Menengah Pertama Negeri 7 Ambon. Method of The Devotion: The method used in the implementation of assistance and educational activities on legal counseling regarding child legal protection at State Junior High School 7 Ambon.Results Main Findings of the Devotion: Socialization for the students of State Junior High School 7 Ambon: Through this community service activity, we have all learned that violence against children—whether physical, verbal, or emotional, can have very serious impacts on personal development, self-confidence, and the future of the child.

Crime of Collective Violence in Ambon City: Criminological Study of Locus Delicti, Time Patterns and Social Motives Uar, Syah Awaluddin; Lonthor, Ahmad; Baranyanan, Soeleman Djaiz; Lestaluhu, Ridwan F.; Yanlua, Siti Zainab
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6212

Collective violence remains a significant social issue in Ambon City, particularly over the past two years. The increasing intensity and spread of group violence incidents underscore the importance of spatial, temporal, and social analysis in understanding the emerging patterns. This study aims to identify the distribution patterns of locus delicti, temporal trends, and the underlying social motives behind collective violence in Ambon during 2023–2024. This research employed a descriptive qualitative method with data collected through field observations, informal interviews with community members and security personnel, as well as documentation from police reports and local media. The results indicate that collective violence incidents were concentrated in densely populated urban areas, public facilities, and nightlife zones. By 2024, the locus of violence began shifting to suburban and symbolic locations such as Merdeka Square. Temporally, most incidents occurred at night until early morning, coinciding with weakened social control. Contributing criminogenic factors include weak community social control, subcultural violence within village-based youth groups, neglected environments, and the contagion effect of crowds in public spaces. This study concludes that collective violence in Ambon City is driven not only by situational and individual factors but also by environmental conditions, crime opportunities, and collective norms that legitimize violent behavior. This study recommends intensifying nighttime patrols, initiating inter-community youth dialogues, and fostering community-based early warning systems to prevent the escalation of group violence in the future.

Problematics of Decentralization in the Field of Health Law in the Autonomous Era taufik,, Iqbal; Baranyanan, Soeleman Djaiz; Irham, Muhammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5113

Based on positive law, which applies in Indonesia, decentralization has "chosen" to give up some of its authority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of 2014 uses a residual system when determining what is the authority of local governments. With the residual system, the central authorities have been clearly defined in advance, while the rest are autonomous regions. Therefore, authority in the health sector has become an autonomous regional government authority, because that authority is not determined as the authority of the central government. On the one hand this benefits the local government, because by using its authority, the regional government can regulate the health sector according to its aspirations and capabilities. This research was approached in terms of legal science, both at the dogmatic level, legal theory, and legal philosophy. In this study also used a normative legal approach or library law, namely legal research conducted by examining library materials or secondary data. Normative legal research or literature includes research on semantic law, research on the degree of vertical and horizontal synchronization, comparison of law and history of law. Research on legal principles is carried out by interpreting the legal norms formulated in laws and regulations relating to local government in Indonesia. Based on this research study, it can be concluded that in terms of law and policy as well as the scope of authority of regional governments that support regional autonomy in the health sector, it is still unclear and inconsistent in the description of the functions and authority of regional governments in the health sector.Keywords:Decentralization; Health Law; Regional Autonomy

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