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Keabsahan Kebijakan Pemerintah Kabupaten Seram Bagian Barat Mengenai Pemilihan Kepala Desa Adat Secara Serentak Chelsy Sahertian; Jemmy Jefry Pietersz; Yohanes Pattinasarany
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The West Seram Regency Government Makes a Policy Regarding the Simultaneous Election of Village Heads which also involves Traditional Villages whose governance arrangements should be based on intestinal origin rights and local customary law.Purposes of the Research: The purpose of this paper is to analyze the authority of the West Seram Regency Government in making the policy of selecting the traditional village head simultaneously and to analyze the validity of the policy of the West Seram Regency Government to make the simultaneous election of the traditional village head. Methods of the Research: The research method used is normative juridical, the problem approach used in the research is the statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study was library research, then analyzed using qualitative methods.Results of the Research: Based on the research, the policy carried out by the regional government of the western part of Seram Regency to conduct the election of the traditional village head simultaneously has no validity because the provisions of the legislation do not give the local government the authority to conduct the election of the traditional village head simultaneously. However, when the West Seram Regency Regional Regulation No. 11 of 2019 concerning Villages was stipulated, which in Article 3 caused problems in the customary law community in the West Seram district, because the villages as mentioned in Article 3 by the customary law community were customary villages or Therefore, the actions of the regional government of the West Seram Regency make and stipulate the provisions of Article 3 of Regional Regulation No. 11 of 2014 concerning Villages, which stipulates that 92 customary lands or villages become villages is an act of erasing and not recognizing and respecting the country as a traditional village in the West Seram district, which has received recognition in the provisions of Article 18B paragraph (2) of the 1945 Constitution which regulates that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law.

Perlindungan Hukum Bagi Masyarakat Hukum Adat Yang Lingkungan Hidupnya Tercemar Natalia Lidya Pohwain; Jemmy Jefry Pietersz; Revency Vania Rugebregt
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The legal issues in this paper include (1) Is there legal protection for indigenous peoples who are victims of pollution and (2) How are legal remedies related to legal protection for indigenous peoples whose environment is polluted.Purposes of the Research: The results of the discussion of the authors of this thesis are obtained that in the legislation providing legal protection arrangements for indigenous peoples and for indigenous peoples as victims of pollution, can use administrative sanctions as a form Law enforcement in the form of written warnings, government coercion, freezing of environmental permits, to revocation of environmental permits.Methods of the Research: The type of research used is normative, 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 results of the discussion of the authors of this thesis are obtained that in the legislation providing legal protection arrangements for indigenous peoples and for indigenous peoples as victims of pollution, can use administrative sanctions as a form Law enforcement in the form of written warnings, government coercion, freezing of environmental permits, to revocation of environmental permits.

Pengaturan Negeri Dalam Peraturan Daerah Di Kabupatan Seram Bagian Barat Obbie Yandri Samatuak; Jemmy Jefry Pietersz; Dezonda Rosiana Pattipawae
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The conflict between the SBB Regional Regulation Number 11 of 2019 concerning Villages and the SBB Regional Regulation Number 13 of 2019 concerning the State. where it has been determined that all 92 customary lands in the West Seram Regency as villages in the SBB Regional Regulation Number 11 of 2019 while in the SBB Regional Regulation Number 13 of 2019 until now the countries that already exist as customary lands in Seram Regency have not been determined.Purposes of the Research: This writing aims to find out and analyze the legal consequences of State regulations in Regional Regulation Number 11 of 2019 concerning Villages and Regional Regulation Number 13 of 2019 concerning the State against the State in West Seram Regency.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 results of the study show that the determination of customary lands carried out by the SBB Regency Government in SBB Regional Regulation Number 11 of 2019 Article 3 can basically be said to be not in accordance with applicable procedures. This can be seen from the issuance of Regional Regulation SBB Number 13 of 2019 concerning the country in Article 4 paragraph 3 which states that "The determination of customary law community units is carried out through identification of customary law communities by observing: a). History of indigenous peoples; b). Customary territory; c). Customary law; d). Assets and/or customary objects; and e). Customary government institutions/systems. The substance in the SBB Regional Regulation Number 13 of 2019 Article 4 paragraph (3) is a valid requirement in the supporting Article of the legal consequences of the land regulated in the SBB Regional Regulation Number 13 of 2019 so that the determination of the 92 customary lands in the SBB must be regulated in the SBB Regional Regulation Number 13 The year 2019 is no longer the SBB Regional Regulation Number 11 of 2019 which applies because the 92 villages regulated in the SBB Regional Regulation Number 13 of 2019 meet the requirements of a customary land.

Partisipasi Masyarakat Dalam Pembentukan Undang-Undang Callychya Juanitha Raisha Tuhumena; Jemmy Jefry Pietersz; Victor Juzuf Sedubun
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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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.

Keabsahan Pemberhentian Tidak Dengan Hormat Bagi PNS yang Melakukan Tindak Pidana Korupsi Nur Tanachi Mardan; Jemmy Jefry Pietersz; Yohanes Pattinasarany
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research is motivated by Law Number 5 of 2014 concerning State Civil Servants. One of the provisions in the Law is regarding the dishonorable dismissal of civil servants. So that, the Ambon Mayor Decree Number 298 of 2019 was issued concerning for committing a criminal act of occupation or a criminal act related to his position, which was aimed at dismissing one of the civil servants within the scope of the Ambon City area.Purposes of the Research: This writing aims to identify and analyze the validity of the issuance of the Mayor of Ambon Decree Number 298 of 2019, fulfilling the validity requirements of the decision.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results show that the Ambon Mayor's Decree Number 298 of 2019 does not fulfill the legal requirements of a decision, namely the procedural aspect. So that the legal consequence is canceled or can be canceled.

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

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.

Pemberhentian Tidak Dengan Hormat Anggota Kepolisian Negara Republik Indonesia Rido Leiwakabessy; Jemmy Jefry Pietersz; Renny Heronia Nendissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1463

Introduction: Disrespectful dismissal of members of the Indonesian National Police must be in accordance with the provisions of the legislation.Purposes of the Research: Therefore, this paper aims to examine and analyze the validity of dishonorable dismissal and legal remedies that can be taken. Methods of the Research: The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this study are primary legal materials and secondary legal materialsResults of the Research: The recommendation for dishonorable discharge issued by the Commission for the Professional Code of Ethics of the Indonesian National Police to the violator, namely Markus Junus Pattimaipau, as the basis for the issuance of a decree by the Maluku Regional Police Chief regarding Disrespectful Dismissal is not in accordance with the mechanism of the provisions of the applicable laws and regulations. Apart from that, the recommendation for dishonorable dismissal that is issued if it is related to the legal requirements of a decision does not meet the requirements of the procedure and substance and general principles of good governance, then the decision can be said to have no validity. The issuance of the Decree of the Head of the Maluku Regional Police regarding the dishonorable discharge of the Indonesian National Police Service which has no further validity. Markus Junus Pattimaipau in the aspect of legal protection who is harmed by the State Administrative Decree may file legal remedies based on the provisions of the applicable laws and regulations.

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

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

Penundaan Pemilihan Umum dalam Sistem Ketatanegaraan Indonesia Srye Micze Ridua; Jemmy Jefry Pietersz; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1821

Introduction: The 1945 Constitution of the Republic of Indonesia does not regulate the postponement of elections and clearly emphasizes that elections are held once every five years, but the discourse on postponing elections has been discussed in Indonesia. Purposes of the Research: The constitutionality of postponing elections and the legal consequences of postponing elections in the Indonesian constitutional system. Methods of the Research: The research method used is normative juridical with statutory and conceptual approaches.Results of the Research: The results of this study concluded that the postponement of elections can use the form of postponement of subsequent elections in the Election Law because the form of postponement of elections in the Election Law does not conflict with the 1945 Constitution of the Republic of Indonesia. Even though the 1945 Constitution of the Republic of Indonesia has stated that elections are held once every five years, in realizing the postponement of elections there is a constitutional way, namely there is a constitutional mechanism, namely through amendments to the 1945 Constitution of the Republic of Indonesia. The postponement of elections also affects the term of office of the President and Vice President as well as members of the DPR, DPD and DPRD

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