Articles
<![CDATA[Kewenangan Penetapan dan Pelantikan Raja Negeri Tulehu oleh Kepala Pemerintah Kabupaten Maluku Tengah ]]>
<![CDATA[Nurjanah Ohorella]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Reny Heronia Nendissa]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: The regent's authority in the rural scope is the authority to regulate the administration of regional areas that fall within the scope of his government administration, namely the village or sub-district.Purposes of the Research: The purpose of this paper is to find out the Authority of the Appointment and Inauguration of the King of Tulehu by the Head of the Central Maluku Regency Government.Methods of the Research: The research method used is normative juridical, the approach used in this research is the statutory approach, conceptual approach and case approach. Sources of legal materials used are primary legal materials, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through a literature study, then analyzed using qualitative methods.Results of the Research: The Regent is not authorized to stipulate and inaugurate the Head of the Tulehu State Government who is directly and publicly elected and is not in accordance with the customary law applicable in the Tulehu State because the Central Maluku Regent's authority as stated in PERDA Kabupaten Maluku Tengah No 3/2006 is stated to only inaugurate and In the process, it is given to the customary law procession of each customary land to carry out the nomination process as part of the State's recognition of the existence of the customary law of the community which is still valid today. The legal consequences of the presence of the Central Maluku Regent's Decree are: SK for Replacement of State Sanir Number: 147 - 512 of 2019. and SK of Ratification of New State Sanir Number: 141.05 - 522 of 2019.]]>
<![CDATA[Wewenang Ombudsman Republik Indonesia Dalam Pemeriksaan Maladministrasi Tes Wawasan Kebangsaan Pegawai Komisi Pemberantasan Korupsi ]]>
<![CDATA[Dedi Rusman Tuarita]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Eric Stenly Holle]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[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.]]>
<![CDATA[Pembentukan Kementerian Investasi/Badan Koordinasi Penanaman Modal Menurut Sistem Hukum Indonesia ]]>
<![CDATA[Evant Gray Sipayung]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Vica Jillyan Edsti Saija]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Indonesia as a state of law in every policy taken by the government must be in accordance with the Indonesian legal system, including the formation of the ministry of investment which is regulated in law number 39 of 2008 concerning state ministries and consists of indicators for the formation of ministries.Purposes of the Research: This study aims to identify and analyze the legal basis for the formation of a state ministry and to determine whether the establishment of the investment ministry/investment coordinating agency is in accordance with Law No. 39 of 2008. Methods of the Research: This research uses normative legal research methods, statutory and conceptual approaches to collecting legal materials by means of literature studies and then analyzed.Results of the Research: The legal basis for the formation of state ministries is the 1945 Constitution of the Republic of Indonesia, Law 39 of 2008 and the issuance of Presidential Decree No. 72/P of 2021 and Presidential Decree No. 63 of 2021 and the establishment of the investment ministry does not consider indicators of efficiency and effectiveness.]]>
<![CDATA[Implementasi Hak Mengajukan Permohonan Pengujian Peraturan Perundangan Di Bawah Undang-Undang Oleh Kesatuan Masyarakat Hukum Adat ]]>
<![CDATA[Jhon Alberth Latuny]]>;
<![CDATA[Marthinus Johanes Saptenno]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Law Number 3 of 2009 concerning the Supreme Court Article 31A paragraph (2) guarantees the existence of a customary law community unit and has the right to submit an application to the Supreme Court in terms of statutory regulations deemed that their rights are detrimental to the customary law community unit. However, customary law communities, especially in Ambon City, do not exercise their rights.Purposes of the Research: This writing aims to find out how the implementation of the right to submit requests for judicial review of statutory regulations under the law by indigenous peoples according to Article 31A of Law Number 3 of 2009 concerning the Supreme Court. Methods of the Research: The type of research used is juridical empirical. The procedure for collecting legal materials by conducting research in the form of interviews and observations as well as literature study of legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively.Results of the Research: The results obtained are that the implementation of the right to file an application has not been carried out properly by the customary law community in Ambon City, due to the lack of action taken by the local government in providing understanding to the community about the rights they have.]]>
<![CDATA[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 ]]>
<![CDATA[Eka Sariati]]>;
<![CDATA[Salmon Eliazer Marthen Nirahua]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[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]]>
<![CDATA[Partisipasi Masyarakat Dalam Pembentukan Undang-Undang ]]>
<![CDATA[Callychya Juanitha Raisha Tuhumena]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: Community participation is a stage that engages the community in participating in the process of forming laws and regulations. Purposes of the Research: The purpose of this writing is to determine the consequences of the formation of laws that do not involve public participation.Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach.Results of the Research: The results of this study indicate that community participation is a stage that provides opportunities for the community, in reports, invitations in accordance with the provisions of the law. Community participation implies that community participation contains legal norms that are imperative. How successful is the community's successful procedure that must be carried out in the ordering of statutory regulations.]]>
<![CDATA[Peran Masyarakat Adat Dalam Mempertahankan Eksistensi Hukum Sasi ]]>
<![CDATA[Benjamin Carel Picauly]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Vica Jillyan Edsti Saija]]>
<![CDATA[ Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/ballrev.v3i2.1076
<![CDATA[The purpose of this research is to analyze and find out the function and role of Sasi Law in the management of the environment, natural resources and ecosystems in it by the people in Negeri Seith and Negeri Ouw, Central Maluku district, and regulations in Seith and Ouw countries in maintaining the existence of Sasi law. This research method is empirical law, which is a research based on field data by taking data according to the sample and conducting an assessment of positive legal provisions and legal principles. The results of the study show that the implementation of Sasi is currently experiencing degradation because it has not been carried out as the implementation of Sasi was originally, even though Sasi has been considered as part of customary law in each Negeri. The regulation of Sasi is not regulated in a Negeri Regulation so that it binds the community and people in each Negeri, as well as being a guide for the next generation to be maintained.]]>
<![CDATA[Kewenangan Pemerintah Dalam Melakukan Pengawasan Terhadap Lingkungan Hidup ]]>
<![CDATA[Modesta Nusalawo]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Eric Stenly Holle]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i7.1135
<![CDATA[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.]]>
<![CDATA[Dampak Hukum Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Bagi Pemegang Izin Lingkungan ]]>
<![CDATA[Bernadette Adinda Galuh Trimillenia Rumadjak]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Vica Jillyan Edsti Saija]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i11.1453
<![CDATA[Introduction: The presence of changes in licensing in the Job Creation Law has a very big impact on environmental sustainability, this is because there is a missing government authority, changes in the Job Creation Law that change the provisions of the Environmental Protection and Management Act, especially AMDAL and environmental permit.Purposes of the Research: The purpose of this study is to determine and analyze the legal consequences for environmental permit holders after the enactment of the Job Creation Act Number 11 of 2020. Methods of the Research: The method used is a normative legal research method.Results of the Research: The results and discussion have legal consequences for environmental permit holders after the enactment of the Job Creation Act because environmental permits issued after the enactment of the Job Creation Act automatically follow the Act and environmental permits that were in effect before the Job Creation Act remain in force in accordance with Life Protection and Management Law Number 32 of 2009 but if the permit status is to be extended, it must automatically renew the documents because otherwise the permit status is considered to have been completed.]]>
<![CDATA[Konstitusionalitas Pemerintah Adat Suku Nuaulu ]]>
<![CDATA[Patiasa Soumory]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1634
<![CDATA[Introduction: Customary government in the constitution provides a space where the constitutional rights of every citizen are guaranteed by the state.Purposes of the Research: This research aims To review and the unity of the Nuaulu tribe as a customary law community according to the 1945 Constitution. And analyze and review The implementation of the customary government system of the Nuaulu tribe is a constitutional right of the Nuaulu tribe.Methods of the Research: The type of research is normative legal research. problem approach in this study is a statutory approach, and a case conceptual approach, legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a legal approach, then synchronized with legal concepts and principles studied to be analyzed normatively to answer the legal issues studied rely on the approach that used in this study.Results of the Research: The results of this study It is the constitutionality of the customary government of the nuaulu tribe because constitutional rights already exist and are recognized and regulated in accordance with reality within the scope of the nuaulu]]>
