Marthinus Johanes Saptenno
Fakultas Hukum Universitas Pattimura, Ambon

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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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Abstract

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.
Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Penerbitan Sertifikat Ganda Nifantri Mulya Ningsih; Marthinus Johanes Saptenno; Sherlock Halmes Lekipiouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1116

Abstract

Introduction:  The issuance of dual certificates, namely certificates of more than one ownership in the same land area. As a result of the issuance of double certificates, there is a dispute between the parties.Purposes of the Research: To find out the form of the responsibility of the national land agency for the issuance of multiple certificates and their legalMethods of the Research: The research is a normative legal research in the study using two problem approach and the conceptual approach. Sources of data obtained are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is by collecting and grouping them according to their respective sections, both primary, secondary and tertiary laws. the whole data in this stuidy was analyzed qualitatively. Results of the Research: The results of this study indicate that the national land agency is responsible fir the certificates issued releted to the with the head of the national land agency. the national land  agency is absolutely responsible for the issuance of multiple certificates as a result of negligence due to the inaccuracy of the national land agency. the absolute responsibility system requires the national land agency to be responsible both inside and outside the court if there is a lawsuit regarding land rights. the legal consequence of the issuance of multiple certificates issuedvy the national land agency is to create legal uncertainty because there is more than one certyificates in the same parcel of land, losses for the both parties to the dispute, especially for those who are declared defeated in the trial and certificates that are proven administratively dlawed or inten tionally registered return. 
Penyuluhan Hukum Tentang Pelestarian Lingkungan Hidup Dan Aksi Pendukungnya Deassy Jacomina Anthoneta Hehanussa; Vica Jillyan Edsti Saija; Marthinus Johanes Saptenno
AIWADTHU: Jurnal Pengabdian Hukum Volume 2 Nomor 2, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i2.1055

Abstract

Introduction: Maluku is an area with an archipelagic character because the ocean is more expansive than the land so natural resources in the sea need to be preserved.Purposes of Devotion: To provide legal understanding to the community about their participation in environmental conservation, in this case, natural resources in Ambon Bay. Method of Devotion: The method used is legal counseling to the community and action to villages and traditional villages that are service partners.Results of the Devotion: It is known that the community does not yet have a high awareness of environmental conservation, in this case, the ocean. This can be seen with the garbage found in Ambon Bay. Thus, the ocean has not been interpreted as an area that produces natural resources for now and the future. In contrast, the village government as the bottom line of government has made efforts to appeal to the community.
Kewenangan Diskresi Kepolisian Dalam Penghentian Penyidikan Michael Ken Lingga; Marthinus Johanes Saptenno; John Dirk Pasalbessy
PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i1.1034

Abstract

Introduction: Discretionary authority is the authority possessed by the police as mandated by law to carry out their duties, especially in responding to social phenomena in society.Purposes of the Research:  This study aims to determine the form of the exercise of discretionary authority in the termination of an investigation, and what are the implications of the exercise of discretionary authority in the act of terminating an investigation.Methods of the Research: This study uses a normative legal research method, which aims to determine the form of the exercise of discretionary authority in the termination of an investigation, and what are the implications of the exercise of discretionary authority in the act of stopping an investigation.Results of the Research: The discretionary authority of the police in stopping investigations is the authority given as compensation for government duties carried out by investigators.