Article Per Year (5 Year)
p-Index From 2021 - 2026
2.863
P-Index
This Author published in this journals
All Journal LAW REFORM Jambe Law Journal JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Perspektif Hukum LUTUR Law Journal SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri Matakao Corruption Law Review
Andress Deny Bakarbessy
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 21 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 21 Documents
Search

 1   2   3 
Legalitas Pembagian Harta Warisan Terhadap Ahli Waris Beda Agama Dalam Dua Ketentuan Hukum Waris Yang Berbeda Di Indonesia Selanno, Julivia Marsel; Saptenno, Marthinus Johanes; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2143

Abstract

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.
Keabsahan Perubahan Alokasi Anggaran Bantuan Langsung Tunai Corona Virus Disease 2019 (Covid-19) Di Desa Waimangit Kabupaten Buru Facey, Yunita Sari; Tjiptabudy, Jantje; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2436

Abstract

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.
Perlindungan Hukum Bagi Pekerja Di Kota Ambon Tandjung, Meigy; Salmon, Hendrik; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2468

Abstract

Introduction: Sumber Hidup Hospital Ambon, the system of paying wages to its workers is not going well. The Sumber Hidup Hospital Workers' Union filed a lawsuit against Sumber Hidup Hospital at the Ambon District Court.Purposes of the Research: To find out and analyze the wage system based on Government Regulation Number 36 of 2021 Concerning Wages. To find out that companies are required to apply wages based on Government Regulation Number 36 of 2021.Methods of the Research: This research uses normative juridical research methods. The research approach used by the author is a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The procedure for collecting legal materials is carried out by means of library research. The legal materials used by the author in this study are primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Government Regulation no. 36 of 2021 concerning Wages specifically for Sumber Hidup Hospital workers has not been implemented in practice. particularly in relation to the policy of wages and payment of rights and obligations because there are still many irregularities that occur in the implementation of these Government Regulations. This is evident from the complaints and unrest of the Sumber Hidup Hospital workers where the Sumber Hidup Hospital Foundation as the employer has not paid the workers' wages, so the workers' rights and the employer's obligations have not been fulfilled.
Legitimasi Penetapan Status Negeri Di Kecamatan Teon, Nila, Serua, Kabupaten Maluku Tengah Sebagai Desa Adat Lelapary, Elfira; Bakarbessy, Andress Deny; Pattinasarany, Yohanes
Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2177

Abstract

      Even though it is recognized, the legitimacy of traditional village status is often a problem. The determination of countries as traditional villages without traditional territories or petuanan is as regulated in Article 97 of Law Number 6 of 2014 concerning Villages, that one of the requirements for establishing a traditional village is that the customary law community unit must have a territory or customary area. However, the regional government of Central Maluku Regency has designated the Negeris in the TNS sub-district as traditional villages but do not have territory or customary areas. There are two problem formulations that will be discussed in this paper, namely whether the determination of the status of the lands in Teon, Nila, Serua sub-districts, Central Maluku district has legitimacy as traditional villages without having customary territories?, and what are the legal consequences if the status of the lands in Teon, Nila, Serua sub-districts, Central Maluku district has legitimacy as a traditional village without having a traditional territory     Normative research was conducted to analyze the application of positive legal norms in traditional village legitimacy policies. The government's decision to legitimize the status of traditional villages is crucial to respecting the recognition and maintaining the identity of traditional villages, in accordance with existing norms.     The results of this research are that the determination of State status in Teon, Nila, Serua Districts, Central Maluku Regency does not have legitimacy so the result is null and void.
Simultaneous Election of Head of Custom Village Bakarbessy, Andress Deny
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.901

Abstract

Introduction: The study in this paper is to analyze the involvement of custom villages in simultaneous village head elections.Purposes of the Research:  to study and analyze whether custom village head elections can be carried out in conjunction with holding village head elections simultaneously.Methods of the Research: The research method used is normative research with a statutory approach and a conceptual approach.Results of the Research: The results show that simultaneous village head elections in villages and custom villages in SBB Regency can be carried out together. Where, the election process is carried out for villages based on the provisions of the Minister of Home Affairs regulation regarding village head elections, while the appointment of the head of the customary village government can be done if the candidate provided by the clan who has the right to govern is 1 (one) person, while the candidate for the head of the customary village government is more than 1 (one) there are candidates, then elections can be carried out while prioritizing the candidate for the head of government who has the right to govern based on customary rights or rights of origin.
Strengthening Village Governance and Safeguarding Human Rights: Legal Perspectives in Comparative Study Bakarbessy, Andress Deny; Jacob, John Tumba
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.514

Abstract

This study examines the legal frameworks governing village administration and the protection of human rights in Indonesia, Nigeria, and Japan. The legal frameworks analyzed include Villages Law in Indonesia, the Constitution of the Federal Republic of Nigeria, the Local Government Act in Nigeria, and the Local Autonomy Law in Japan. The research adopts a normative legal approach, employing both statutory and comparative methods to examine the regulations, institutional authority structures, and legal principles of those countries. While the three countries acknowledge the significance of village autonomy and human rights protection, they differ markedly in their normative approaches. Indonesia has developed a relatively progressive legal framework; Nigeria continues to grapple with challenges related to legal pluralism; and Japan prioritizes institutional stability and community engagement. The study concludes that the effectiveness of village governance laws is significantly influenced by the clarity of legal norms, the robustness of institutional structures, and the overall coherence of each country’s legal system
The Authority of the Acting Regent in the Process of Mutation of Acting Primary High Leaders Siwalette, Anthoni; Saptenno, Marthinus Johanes; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.2146

Abstract

Introduction: The Acting Regent and Acting Mayor in carrying out their duties obtain permission from the Minister of Home Affairs to carry out Mutation and Rotation of Civil Servants for Primary High Leadership Positions and for Administrator Officials, the main thing that is considered and the reason for the Acting Regent to carry out mutations and rotations according to him, is so that the implementation of local government can run more effectively, but this policy reaps many pros and cons.Purposes of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Methods of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Results Main Findings of the Research: The authority of the Regional Government in appointing Primary High Leadership Positions is regulated by Law Namber 23/2014. Meanwhile, the prohibition on Acting Regional Heads from transferring employees is regulated in Law Number 5 of 2014 concerning State Civil Apparatus, Article 130A, Article 130, so that Regent Officials in making employee transfer decisions have legal consequences. Furthermore, the legal consequences of the policy of the Acting Regent of West Seram Regency in carrying out employee transfers are inappropriate.
Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9054

Abstract

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Analyzing juridically through reviewing laws and regulations relating to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments. Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.
Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Negara Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13517

Abstract

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Research methods with the aim of analyzing juridically through reviewing laws and regulations related to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses Methods of the Research: The writing of this thesis uses normative legal Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.
Wewenang Penggunaan Aset Desa Dalam Bentuk Rumah Kepala Desa Oleh Mantan Kepala Desa Sanabuky, Kristo; Nirahua, Salmon Eliazer Marten; Bakarbessy, Andress Deny
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 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.v1i1.9857

Abstract

The Village Head holds the power to carry out the management of finances and Village Assets which of course must be based on laws and regulations and applicable legal principles. However, inreality, the management of Village Assets is not carried out in accordance with applicable legal principles, so that Village Assets are used personally by the Former Village Head, in Keliobar Village, North Tanimbar District, Tanimbar Islands Regency. Based on this problem, it is important to examine the authority to use Village Assets in the form of a Village Head's house. The legal issue is whether the former village head is authorized to use village assets in the form of village head houses, and whether the legal consequences for the use of village assets in the form of village head houses. The purpose of this study is to determine the authority to use village assets in the form of Village Head Houses by former Village Heads, and to find out the legal consequences on the use of Village Assets in the Form of Village Heads' Houses. This study uses a normative legal research method using a statutory approach and a conceptual approach. The results and discussion show that: 1). The former Village Head is not authorized to use Village Assets in the form of a Village Head's House based on the provisions of article 10 Paragraph (1) of the Minister of Home Affairs Regulation number 1 of 2016 concerning Village Asset Management, and 2). There is a change in the status of the use of Village Assets which results in losses to state finances so that the person concerned or the user, can be subject to administrative fines.
Co-Authors Ely, Maya Wulandari Facey, Yunita Sari Hendrik Salmon Ibrahim, Nurmela Jacob, John Tumba Jantje Tjiptabudy Julista Mustamu Lelapary, Elfira Matitaputty, Merlien Irene Nirahua, Salmon Eliazer Marten Nirahua, Salmon Eliazer Marthen Pattinasarany, Yohanes Pietersz, Jemmy Jefry Puan Yulistiana Kohilay Rooslia Sukma Salmon Eliazer Marthen Nirahua Salmon, Hendrik Sanabuky, Kristo Saptenno, Marthinus Johanes Selanno, Julivia Marsel Sherlock H Lekipiouw Siwalette, Anthoni Stendo Berthyno Sitania Tandjung, Meigy Temorubun, Etmundus Eloresky Tita, Heillen Martha Yosephine Tuhuleruw, Ilona Miranda Wirabuana, Zainuddin