Articles
<![CDATA[Peraturan Yang Ditetapkan oleh Kepala Desa (Kajian Terhadap Pasal 8 ayat (1) UU No 12 Tahun 2011 Tentang Pembentukan Peraturan Perundang-Undangan) ]]>
<![CDATA[Andress.D. Bakarbessy]]>
<![CDATA[ Perspektif Hukum VOLUME 17 ISSUE 2 ]]>
Publisher : <![CDATA[Faculty of Law Hang Tuah University ]]>
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DOI: 10.30649/ph.v17i2.154
<![CDATA[Article 2 Domestic Ministerial Regulation Number 111 of 2014 concerning technical guidelines for Village Regulations states that Type of Regulation in the village includes: a. Village Regulation b. Joint Regulation of the Village Head; and c. Village Head Regulation. Meanwhile, Article 8 paragraph (1) of the Law Establishing Legislation states that the type of legislation also includes the rules set by ... Village Heads or the equivalent. Based on the construction of norms Article 8 paragraph (1) of the Law on Establishment of Legislation, village regulations cannot be categorized as regulations established by the village head because a village regulation must have a joint agreement between the village head and the village consultative body and must be promulgated in Village and legal sheets become village regulations even though they are not stipulated by the village head.]]>
<![CDATA[Optimizing Health Protocol Enforcement during the Covid-19 Pandemic ]]>
<![CDATA[Julista Mustamu]]>;
<![CDATA[Andress D Bakarbessy]]>
<![CDATA[ LAW REFORM Vol 16, No 2 (2020) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
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DOI: 10.14710/lr.v16i2.33775
<![CDATA[The effort of the prevention and countermeasures in order to break the chain of transmission of Corona Virus Disease 2019 (Covid-19), it needs to be done in an integrated and comprehensive manner from various aspects of governance, health, socio-cultural and economic aspects. As part of the state of public health emergencies and has beeb designated as a non natural disaster, the regional goverment has the authority to take preventive and countermeasures actions primarily in the enforcement of health protocol during the Covid-19 pandemic in accordance with statutory provinsions. The research objective is to understand the enforcement of health protocols during the Covid-19 pandemic. The research method used is juridical-normative with a statutory approach and a conceptual approach to analyze problems qualitatively. The results and discussion concluded that The formulation of policies and formation of regional legal product that from the basic of legitimacy as well as the basic of legality to act for local goverments in the efoort to optimize the enforcement of prtococols during the Covid-19 pandemic, certaily need to develop specific policy formulation models and becemo a reference for local goverments in policy formulations and formulation reginal legal product in the enforcement of the Covid-19 health protocol. Policy formulation and formation of regional legal product in the enforcement of the Covid-19 health protocol include, and a review of the stages of policy formulation]]>
<![CDATA[Kedudukan Kepala Daerah Sebagai Pejabat Pembina Kepegawaian Dalam Pemilihan Umum Kepala Daerah ]]>
<![CDATA[Stendo Berthyno Sitania]]>;
<![CDATA[Hendrik Salmon]]>;
<![CDATA[Andress Deny Bakarbessy]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol. 3 No. 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pamali.v3i1.1200
<![CDATA[Introduction: In Head of Local Governments’ positionasthe Chief ofEmployee Management who own authority to appoint, mutate, anddischargeCivil Servant Employees thenhe/she could intimidate the CSEs to involveinGeneral Election process.Purposes of the Research: To study and analyze the position of the regional head as a staffing officer in the general election of the regional head.Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials.Results of the Research: The result of this research shows that political patronage stillhappened because position of the Head of Local Government aspolitical officer includesas the Chief ofEmployee Management where position still themostly found factorin the fieldwhenabuse of neutralitycommitedbyCivil Servant EmployeesinGeneral Election.]]>
<![CDATA[Problematika Tergeneralisirnya Saniri Negeri Menjadi Badan Permusyawaratan Desa ]]>
<![CDATA[Sherlock H Lekipiouw]]>;
<![CDATA[Andress D Bakarbessy]]>
<![CDATA[ Jurnal Pembangunan Hukum Indonesia Volume 5, Nomor 2, Tahun 2023 ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO ]]>
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DOI: 10.14710/jphi.v5i2.265-284
<![CDATA[Regulasi Desa di Indonesia telah menggeneralisir saniri negeri menjadi sama dengan badan Permusyawaratan Desa (BPD), padahal konstruksi Saniri Negeri berbeda dengan konstruksi BPD. Penelitian ini bertujuan menganalisis masalah dalam regulasi desa di Indonesia khususnya yang mengatur tentang saniri negeri dan menganalisis konsekuensi yuridis tergeneralisirnya saniri negeri menjadi BPD, metode penelitian yang digunakan adalah yuridis normatif. Hasil penelitian menunjukkan bahwa berdasarkan rumusan norma Badan Permusyawaratan Desa (BPD) atau yang disebut dengan nama lain yang memiliki wewenang untuk membuat peraturan desa, dan mengawasi penyelenggaraan pemerintahan desa. Saniri Negeri merupakan suatu sistem kekuasaan dan terlembaga dalam 2 (dua) lembaga yaitu saniri rajapatti yang melaksanakan pemerintahan dan saniri lengkap yang merumuskan kebijakan, serta 1 (satu) forum yaitu saniri besar sebagai forum pertanggungjawaban pemerintah negeri. Saniri Negeri bukanlah lembaga sehingga berbeda dengan BPD. Perlu dilakukan sinkronisasi keberadaan BPD dengan Saniri Negeri, agar konstruksi saniri negeri tidak digeneralisasi menjadi sama dengan konstruksi BPD. ]]>
<![CDATA[Interaksi Antara Negara Dan Desa Adat Dalam Konstruksi Negara Kesatuan Republik Indonesia ]]>
<![CDATA[Andress Deny Bakarbessy]]>
<![CDATA[ SASI Vol 24 No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v24i1.119
<![CDATA[Indonesia is a unitary state that determines all regions of the country without exception constituting a unity of administrative and legal territory. However, in the territory of Indonesia there are also regions and unity of customary law communities, in this case the traditional village which has special characteristics that are special because it has existed before the formation of the State and has the right of origin in the administration of its government, and is recognized and respected by the State, so that the interaction between the State and customary villages allows conflicts between State law and customary law and traditions in the administration of government. For this reason, an ideal interaction between the State and the traditional village is needed which can create harmony and balance between the Country and the traditional village.]]>
<![CDATA[Penyalagunaan Wewenang Kepala Desa Dalam Membuat Surat Keterangan Tanah ]]>
<![CDATA[Tuhuleruw, Ilona Miranda]]>;
<![CDATA[Bakarbessy, Andress Deny]]>;
<![CDATA[Matitaputty, Merlien Irene]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 9 (2023): Volume 3 Nomor 9, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v3i9.1953
<![CDATA[Introduction: The village head is part of the government apparatus at the lowest level, playing an important role in helping to achieve legal certainty regarding land rights.Purposes of the Research: The purpose of the current research is to know and analyze what authority the village head has in making a land certificate and to know and analyze what the legal consequences are if there is an abuse of the village head's authority in making a land certificateMethods of the Research: The research method in this study is normative legal research, using a statutory and conceptual approach. Sources of research data include primary, secondary, tertiary legal sources. The data collection technique is in the form of literature study. Processing and analysis of legal materials used in writing is using a qualitative analysis method.Results of the Research: The result of the research show that it was found that abuse of authority was found in the case of land acquisition for the AL wharf in Tawiri Ambon City, unscrupulous village heads abused authority in making land certificates for land sale and purchase transactions in 2015, the letter was made by for his personal interests and verified by the sub-district head ambon bay.]]>
<![CDATA[Pemilihan Kepala Desa Adat Dalam Pemilihan Kepala Desa Serentak ]]>
<![CDATA[Ibrahim, Nurmela]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol. 4 No. 2 (2024): Volume 4 Nomor 2, April 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i2.2131
<![CDATA[Introduction: Due to the provisions of the law on simultaneous Village Head Elections, West Seram Regency, located in Maluku Province, is one of the districts that carry out Village Head Elections simultaneously in accordance with Regional Regulations.Purposes of the Research: 1 To analyze and find out the legal basis for the election of the Traditional Village Head in simultaneous village elections. 2. To analyze and find out the legal consequences of the election of traditional village heads which were carried out in simultaneous village head elections.Methods of the Research: The research used by the author is a normative juridical type of research, with a statutory approach and a conceptual approach. The data sources used to analyze and discuss the issues under study are secondary, primary and tertiary data sources, then legal materials obtained. Procedures for collecting legal materials and methods for analyzing legal materials.Results of the Research: Based on research obtained by Regional Regulation of West Seram Regency Number 11 of 2019 concerning Villages which stipulates that in West Seram Regency there are 92 villages This shows that there is no customary village before the simultaneous Pilkades are held according to the Village Law, it is better if the 92 villages in West Seram Regency are categorized as customary land and which are not, To answer this, the West Seram Regency Government should have ratified the legal product of the Regional Regulation on Indigenous Land.]]>
<![CDATA[Sanksi Administrasi Dalam Surat Edaran ]]>
<![CDATA[Ely, Maya Wulandari]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v4i2.10671
<![CDATA[Introduction: The phenomenon of ministerial circulars in the hierarchy of laws and regulations in Indonesia has never been concretely embodied in the order of laws and regulations. This was caused by the debate over the ministerial circular letter, whether the circular letter was included in the category of regulation (regeling) or stipulation (beschiking). The essence of a Circular Letter is part of a policy regulation that contains notifications or explanations or technical instructions for carrying out a matter and only applies internally to government organizations, is not regulatory and applies outwardly and binds the general public like a statutory regulation. Circulars are informative in the implementation of certain government affairs Purposes of the Research: The objectives of this study are: To study and analyze the content of Administrative Sanctions in Circulars and To study and analyze the Legal Power of Circulars that have Administrative Sanctions Methods of the Research: This research is normative juridical. Library materials are the basis for research (knowledge) classified as secondary data. The secondary data intended in this study are in the form of personal letters, books, official documents, literature, scientific papers and laws and regulations to complete this writing. Results / Findings / Novelty of the Research: Research shows that although the existence of a Circular Letter as an informative official document in an internal government organization is made by a superior official to a subordinate official to carry out a certain government affair, a Circular Letter can also contain Administrative Sanctions whose legal force is in Law Number 30 2014 concerning Government Administration]]>
<![CDATA[Legalitas Pembagian Harta Warisan Terhadap Ahli Waris Beda Agama Dalam Dua Ketentuan Hukum Waris Yang Berbeda Di Indonesia ]]>
<![CDATA[Selanno, Julivia Marsel]]>;
<![CDATA[Saptenno, Marthinus Johanes]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol. 4 No. 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pamali.v4i2.2143
<![CDATA[Introduction: The inheritance of different religions is one of the contemporary problems in contemporary Islamic legal thought. As time progresses, cases involving inheritance law from different religions are becoming increasingly common. One of the contributing factors is the heirs' (non-Muslim) disagreement with the distribution of assets which is considered unfair.Purposes of the Research: Analyze the application of law in the implementation of the division of inheritance of different religions and the legal consequences in the implementation of the division of inheritance of different religions.Methods of the Research: The research method used is normative legal research relying on a statutory approach and a conceptual approach. Meanwhile, the sources of legal materials used include primary, secondary and tertiary sources of legal materials collected through literature studies and analyzed juridically.Results of the Research: The results of this research show that the legal consequences of resolving inheritance from different religions in its implementation give rise to different interpretations of Judges in considering the law in rulings, as well as giving rise to legal uncertainty, both in the implementation process and the legal status of heirs of different religions, this is because there is no There are definite legal rules, but the implementation of mandatory wills for non-Muslim heirs of Muslim heirs is a form of love and affection between fellow human beings and is an effort to uphold justice and benefit for non-Muslim relatives because their right to inherit is obstructed.]]>
<![CDATA[Keabsahan Perubahan Alokasi Anggaran Bantuan Langsung Tunai Corona Virus Disease 2019 (Covid-19) Di Desa Waimangit Kabupaten Buru ]]>
<![CDATA[Facey, Yunita Sari]]>;
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol. 4 No. 4 (2024): Volume 4 Nomor 4, Juni 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/tatohi.v4i4.2436
<![CDATA[Introduction: This study discusses the validity of the Waimangit Village Head's decision to stipulate the Village Regulation on Village APB Changes in 2020 without coordinating with BPD, the Village Head then changed the village budget post that was previously budgeted for the provision of social safety net in the Village in the form of BLT as a manifestation of efforts to handle the impact of COVID-19 by the central government in the Village. The budget item is used to cover the shortfall in village spending for the development of Village-Owned Enterprises.Purposes of the Research: To analyze and identify the validity and legal consequences of changes in the budget allocation of Direct Cash Transfer (BLT) intended to deal with Corona Virus Disease 2019 (Covid-19) in Waimangit village, Buru Regency based on applicable legal provisions.Methods of the Research: This research use the Normative Juridical research method which is carried out by examining primary and secondary legal materials that are relevant to the problem under study.Results of the Research: The results of the study are related to the validity of changes in the budget allocation of Corona Virus Disease 2019 (Covid-19) Direct Cash Transfer (BLT) in Waimangit Village, Buru Regency has been valid based on applicable legal provisions because it meets aspects of authority. The decision of the Waimangit Village Head in determining changes to the Village APB does not meet the requirements of procedure and substance which means that the decision remains valid but has the legal effect that it can be canceled and not binding and ends after it is canceled or there is a cancellation by a judge or by the agency authorized to cancel it.]]>
