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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review
Victor Juzuf Sedubun
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pembentukan Kementerian Investasi/Badan Koordinasi Penanaman Modal Menurut Sistem Hukum Indonesia Evant Gray Sipayung; Victor Juzuf Sedubun; Vica Jillyan Edsti Saija
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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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.
Implementasi Hak Mengajukan Permohonan Pengujian Peraturan Perundangan Di Bawah Undang-Undang Oleh Kesatuan Masyarakat Hukum Adat Jhon Alberth Latuny; Marthinus Johanes Saptenno; Victor Juzuf Sedubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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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.
Peran Masyarakat Adat Dalam Mempertahankan Eksistensi Hukum Sasi Benjamin Carel Picauly; Jemmy Jefry Pietersz; Victor Juzuf Sedubun; Vica Jillyan Edsti Saija
Batulis Civil Law Review Vol 3, No 2 (2022): VOLUME 3 NOMOR 2, NOVEMBER 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v3i2.1076

Abstract

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.
Dampak Hukum Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Bagi Pemegang Izin Lingkungan Bernadette Adinda Galuh Trimillenia Rumadjak; Victor Juzuf Sedubun; Vica Jillyan Edsti Saija
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1453

Abstract

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.
Konstitusionalitas Pemerintah Adat Suku Nuaulu Patiasa Soumory; Jemmy Jefry Pietersz; Victor Juzuf Sedubun
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1634

Abstract

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
Co-Authors Benjamin Carel Picauly Bernadette Adinda Galuh Trimillenia Rumadjak Evant Gray Sipayung Jemmy Jefry Pietersz Jhon Alberth Latuny Marthinus Johanes Saptenno Patiasa Soumory Vica Jillyan Edsti Saija