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ANALISIS YURIDIS TERHADAP LEGALITAS SUATU SURAT KEPUTUSAN PEMBERHENTIAN PEGAWAI NEGERI SIPIL OLEH BUPATI KABUPATEN MALUKU TENGGARA BARAT Selfianus Laritmas; Yohanis Laritmas
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 16, No 2 (2018)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

The State Civil Apparatus hereinafter abbreviated (ASN) is the profession of Civil Servants who are subsequently written (PNS), Provisions regarding the dismissal of Civil Servants are regulated in Law Number 5 of 2014 concerning State Civil Apparatus then written Law No. 5/2014. Matters that are reasons for dismissal of civil servants in article 87 paragraph 1 (one), paragraph 2 (two) and paragraph 4 (four) are civil servants honorably dismissed because: a. Dies; b. at own request; c. reaching retirement age; d. organizational downsizing or government policies that result in early retirement or e. incompetent physically and / spiritually so that they cannot carry out their duties and obligations, paragraph 2 (two) civil servants can be dismissed because they are sentenced to imprisonment based on court decisions that have permanent legal force for committing criminal acts with imprisonment, paragraph 4 (four) commit fraud against Pancasila and the 1945 Constitution of the Republic of Indonesia, b. sentenced to imprisonment or confinement based on a court decision that has permanent legal force because of committing a crime of occupational crime or a criminal offense related to position and / or general criminal offenses. However, the case that occurred in West Southeast Maluku Regency was subsequently written (MTB) Dismissal of Civil Servants for having similar Employee Numbers with other Employees through West Southeast Maluku Regent Decree Number 884-536 of 2014, in the case of dismissal of civil servants this does not have legality or validity , because the dismissal of civil servants must be in accordance with the above article, but the dismissal of civil servants through the MTB Regent Decree Number 884-536 of 2014 is not regulated in Law No. 5/2014.
KAJIAN HUKUM PUTUSAN NOMOR: 01/PID.TIPIKOR/2013/PN.TTE TENTANG PENJATUHAN TINDAK PIDANA KORUPSI Larumpa, Renaldi Markus; Selfianus Laritmas; Usak
Humantech : Jurnal Ilmiah Multidisiplin Indonesia Vol. 2 No. Spesial Issues 3 (2022): Humantech : Jurnal Ilmiah Multidisiplin Indonesia
Publisher : Program Studi Akuntansi IKOPIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32670/ht.v2iSpesial Issues 3.1506

Abstract

Corruption is a problem that greatly disrupts the state's financial system. So corruption is dubbed as an extraordinary crime (extraordinary crime). Therefore, criminal acts of corruption are specifically regulated in Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption. Even though it is specifically regulated, in the judicial process of corruption, judges often give inappropriate sentences. Then in their consideration, the judges often do not pay attention to the principles of criminal law to punish the guilty. In line with that, through the normative research method, the authors use a case approach to analyze the judges' considerations in the decision Number: 01/Pid.Tipikor/2013/PN. Which sentenced the defendant to 7 (seven) years in prison. The verdict is not under the actions of the defendant, because the defendant's actions that were proven were only mistakes (schuld) in the form of negligence (culpa) and not intentionally (dolus). Therefore, the defendant should have been sentenced to less than 7 (seven) years because negligence is a lighter form of error than intentionally (Eddy, 2016: 187). This principle is very important in determining sentencing by judges. So that in terms of imposing a crime, the judge must pay attention to the forms of errors that can alleviate and burden both from the perspective of the defendant and the community by referring to the sentencing guidelines, so that these decisions are in line with the objectives of criminal law.
KAJIAN HUKUM TERHADAP PUTUSAN PENGADILAN NEGERI TOBELO NOMOR: 15/PID.SUS/2016/PN.TOB TENTANG DELIK PERCOBAAN PERSETUBUHAN TERHADAP ANAK Laritmas, Selfianus
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 4 No. 1 (2019)
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

Crime of Trial Against Children can be punished if the commencement of implementation is real, Criminal acts of sexual abuse are generally acts or acts that violate decency that intentionally damage politeness. The threat of criminal offenses for underage children according to Article 82 of Law No.23 of 2002 concerning Child Protection is punishable by imprisonment of a maximum of 15 (fifteen) years and a minimum of 3 (three) years and a maximum fine of Rp.300,000,000. 00 (three hundred million rupiah) and at least Rp. 60,000,000.00 (sixty million rupiahs). Based on the results of the research and discussion of the decision Number: 15 / pid.sus / 2016 / PN.Tob. Against a child and sentenced to 5 years in prison. The problem is that the defendant in carrying out his actions did not commit acts of immorality as referred to in Article 81 of Law No. 35 of 2014, Jo Article 53 of the Criminal Code so that when viewed from the point of view of justice it is very unfair because the sentence imposed is not in accordance with what was done
SUATU KAJIAN HUKUM TERHADAP PUTUSAN PENGADILAN NEGERI TOBELO NOMOR: 15/PID.SUS/2016/PN.TOB TENTANG DELIK PERCOBAAN PERSETUBUHAN TERHADAP ANAK Laritmas, Selfianus; Ahiroriwo Djurubassa, Una
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 6 No. 3 (2021)
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

Sesuai hasil penelitian pada putusan Nomor:15/pid.sus/2016/PN.Tob. dimana majelis hakim menjatuhkan Putusan Terhadap terdakwa terbukti secara sah dan meyakinkan melakukan percobaan persetubuhan terhadap anak dan divonis 5 tahun penjara. Yang menjadi permasalahan adalah terdakwa dalam melakukan Tindakannya tidak melakukan Perbuatan Percabulan sebagaimana yang dimaksud dalam pasal Pasal 81 UU No. 35 tahun 2014, Jo Pasal 53 KUHP sehingga jika dilihat dari sudut pandang keadilan sangat tidak adil karena hukuman yang dijatuhkan tidak sesuai dengan apa yang dilakukan. Penelitian ini mengunakan penelitian normatif menggunakan pendekatan kasus (case approach). Menurut pendekatan kasus dipakai untuk mengkaji alasan pertimbangan pengadilan dalam membuat suatu putusan. Kaitannya dengan pendekatan ini maka yang dikaji adalah pertimbangan hakim Pengadilan Negeri Tobelo dalam memutus perkara delik percobaan persetubuhan terhadap anak yang di dalamnya terdapat permasalahan hukum mengenai putusan yang dijatuhkan dalam memutuskan perkara delik percobaan persetubuhan terhadap anak
LEGAL STUDY ON THE TRANSFER OF THE AUTHORITY OF MINING BUSINESS LICENSES TO THE PROVINCIAL GOVERNMENT AND ITS IMPACT ON PRODUCING AREAS (Case Study in North Halmahera Regency) Selfianus Laritmas; Heltom Sandros Didide
Akrab Juara : Jurnal Ilmu-ilmu Sosial Vol. 10 No. 2 (2025): Mei
Publisher : Yayasan Azam Kemajuan Rantau Anak Bengkalis

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Abstract

With the enactment of Law Number 23 of 2014 concerning local government, there has been a change in the authority to manage mining business licenses between the central government, provincial government and district government. Licensing authority which was originally the authority of the district in accordance with Law Number 32 of 2004 has been dismantled and is now held by the provincial government so as to reduce the role of the district/city government in the management of natural resources such as energy and minerals. The enactment of Local Government Law number 23 of 2014 is contrary to the goal of regional autonomy to bring the government closer to the community, improve public services, and encourage equitable development. With the change in authority, it has resulted in overlap in the arrangement of mining business licenses and the community has made it more difficult to manage licensing in the provincial government. The purpose of this study is to analyze the Granting of Authority by Provincial Regional Governments to Issue Mining Permits and their impact on producing regions, as well as to analyze whether the authority of the provincial local government in issuing mining permits based on Law Number 23 of 2014 concerning Regional Government is appropriate based on the principle of regional autonomy. The research method used is the Normative Juridical Research method. Normative Law research methods or Legal Research are methods or methods used in legal research that are carried out by researching existing literature materials.
Legal Review of the Appointment of Specific Positions to Family Members and Close Associates in Government by Regional Heads in Relation to Criminal Acts of Corruption Laritmas, Selfianus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The granting of certain positions to family members by regional heads in connection with criminal acts of corruption in government has become highly controversial because it has implications for social welfare and public perceptions of government integrity. In theory, regional heads granting certain positions to family members in connection with criminal acts of corruption or nepotism will exacerbate existing social stratification because government positions or benefits are given based on family ties or close relationships rather than merit. This has an impact on inequality of opportunity and distribution of resources, as seen in several cases such as the former Governor of Banten, Ratu Atut Chosiyah, and the former Governor of North Maluku, Abdul Gani Kasuba, who are suspected of using their political power to appoint family members to important positions in the government, which has triggered negative perceptions among the government and the people and has an impact on indications of corruption. The regulation on nepotism in Law No. 28 of 1999 prohibits appointments based on family ties, prioritizes meritocracy, and imposes sanctions for violations. The research method used in this study is a normative legal approach, which involves analyzing existing literature. The research conducted by the author was aimed at using several approaches, including the statute approach, conceptual approach, case approach, and historical approach.