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All Journal Unes Law Review TATOHI: Jurnal Ilmu Hukum Refleksi Hukum: Jurnal Ilmu Hukum LUTUR Law Journal SASI CAPITAN: Constitutional Law & Administrative Law Review
Yohanes Pattinasarany
Fakultas Hukum Universitas Pattimura, Ambon
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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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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Abstract

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.
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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Abstract

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.
KEPASTIAN HUKUM KASASI PERKARA TATA USAHA NEGARA YANG DIKELUARKAN OLEH PEJABAT DAERAH Yohanes Pattinasarany
Refleksi Hukum: Jurnal Ilmu Hukum Vol 6 No 2 (2022): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2022.v6.i2.p203-224

Abstract

Cassation in state administrative cases is a legal remedy against judex factie court decisions, but not all judex factie court decisions can be appealed. There are restrictions on the cassation of state administrative cases as stipulated in Article 45A paragraph (2) Letter c of Law No. 5 of 2004 concerning Amendments to Law No. 14 of 1985 concerning the Supreme Court, that state administrative cases that are exempt from legal proceedings for cassation are state administrative cases whose object of a lawsuit is a decision issued by a regional official whose decision range is valid in the region concerned. However, there is a cassation decision on state administrative case no. 174 K/TUN/2013, the object of which is the Mayor's Decree concerning the Ratification of the Village Head, and the Cassation Decision on State Administrative Cases No. 176 K/TUN/2020, of which the object of the lawsuit is the Regent's Decree concerning the Ratification of the Head of the State Government (customary village head). The two cassation decisions belong to the category of state administrative cases, which are limited to legal cassation because the two objects of the lawsuit are the decisions of the regent and mayor, who are regional officials. The scope of the regent and mayor's decision also only applies to the area concerned and does not apply. In other places, the cassation decisions of the two cases in question do not provide legal certainty to the limitation of cassation in administrative cases. In addition, those decisions may have legal consequences that they will eliminate the implementation of cassation in State administrative cases and give rise to the right for each party to appeal even though the filing of the lawsuit is issued by a regional official and the scope of its application is only in the region.
PENGATURAN PEMILIHAN KEPALA PEMERINTAH NEGERI DI KABUPATEN MALUKU TENGAH Sherlock H Lekipiouw; Natanel Lainsamputty; Yohanes Pattinasarany; Hendrik Salmon
UNES Law Review Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i2.291

Abstract

ABSTRACT The development of the regional government system has undergone substantial changes with the birth of Law Number 6 of 2014 concerning Villages. The regulation regarding the election of village heads has changed with a simultaneous election mechanism and the candidate who gets the most votes is entitled to be appointed as village head. The purpose of this study is to examine and analyze the regulation by mechanical election in the district of Maluku Tengah which in the Regional Regulation Number 03 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of the Negeri Government whose substance the article on elections still refers to Law Number 32 of 2014 which is no longer valid. The method used in this research is the socio-legal method whose data are taken from the interview process and study of Regional Regulation documents and by using literacy related to the research title.
Keabsahan Perubahan Status Hukum Desa Werwawan Menjadi Dusun Werwawan Di Kabupaten Maluku Barat Daya Daniel Palpialy; Salmon Eliazer Marthen Nirahua; Yohanes Pattinasarany
LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v3i2.10319

Abstract

The transfer of the village government center from Werwawan Village to Letoda Hamlet without going through a legal product, namely a Regional Regulation. This research is a normative juridical research, and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach, then from the results of the description conclusions and suggestions can be drawn. The results showed that the formation of Letoda Hamlet to become an autonomous village and the transition of legal status from Werwawan Village to a hamlet were not in accordance with the substance and legal procedures in force, including the discretion of the Deputy Regent of West Southeast Maluku to the Head of Letoda Village to move the government administration center from Werwawan Village to Letoda Hamlet which was then accompanied by Letoda Hamlet to become an autonomous village and Werwawan Village to become a hamlet which did not have legal validity and had no binding legal force and the transition of legal status from Werwawan Village to Werwawan Hamlet had no legal status. Legal amendments in the concept of administrative law, material/factual actions and legal actions taken by the Deputy Regent of West Southeast Maluku which have implications for Letoda Hamlet becoming an autonomous village and Werwawan Village becoming a hamlet in principle are government actions that are not based on law so that there are legal consequences of the government's actions so that legal actions can give rise to legal consequences administratively and therefore Letoda Hamlet which has become an autonomous village and Werwawan Village which has become a hamlet does not have legal validity so it can be annulled.
PERAN PEMERINTAH DAERAH DALAM PENETAPAN BATAS-BATAS NEGERI Yohanes Pattinasarany
SASI Vol 21, No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i2.187

Abstract

Local government district or city should play a role in facilitating, action determination andassertion of boundaries between the countries that are within the administrative area ofadministration in order to clarity and legal certainty regarding the boundaries of each country, so as to prevent conflicts between countries as a result of claim petuanan (Indigenous People rights) of the land area of the country to another, as well as measures to identify the establishment of the country as indigenous villages
Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Keberadaan Sertifikat Ganda Juliani Tanner; Hendrik Salmon; Yohanes Pattinasarany
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.v1i1.9905

Abstract

Certificate of land rights as a product of land registration which provides legal certainty and legal protection to persons or legal entities. However, sometimes more than one certificate is issued by the National Land Agency which results in multiple certificates. This writing aims to find out how the legal responsibility of the National Land Agency is for the existence of multiple certificates. This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data obtained by using library research. The results of the study show that the legal responsibility of the land agency if there are multiple certificates is carried out in the form of legal responsibility in the aspects of civil law and administrative law. Legal responsibility in the aspect of civil law, When the land agency issues a certificate resulting in the appearance of multiple certificates which results in a loss to the parties to the said certificate, it is obligatory to compensate for the intended loss. Meanwhile, the legal responsibility of the land agency from the legal aspect of state administration is based on the granting of authority to the land agency to issue certificates of land rights. Every agency or official in exercising authority must be responsible for its implementation. Implementation of legal responsibility from the legal aspect of state administration through the act of canceling the intended certificate. As well as the legal consequences for officials of the national land agency if there is a double certificate, there are sanctions for the land agency official who issues the certificate which results in a double certificate.
Co-Authors Chelsy Sahertian Daniel Palpialy Hendrik Salmon Hendrik Salmon Jemmy Jefry Pietersz Juliani Tanner Natanel Lainsamputty Nur Tanachi Mardan Salmon Eliazer Marthen Nirahua Sherlock H Lekipiouw