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Jemmy Jefry Pietersz
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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Kekuatan Hukum Mengikat Rekomendasi Inspektorat Kabupaten Maluku Barat Daya Terhadap Pengembalian Kerugian Keuangan Negara Oleh Kepala Desa Daniel Adipura Romiwy; Jemmy Jefry Pietersz; Victor Juzuf Sedubun
LUTUR Law Journal Vol 3 No 1 (2022): Mei 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.v3i1.10279

Abstract

Discretion by the village head of Kokwari which was reported by the community to the Inspectorate Board of Southwest Maluku Regency as a form of alleged corruption in the case of misuse of village funds. 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 of this research and analysis of the problem use the concept of the Pancasila legal state and the concept of binding legal force, which are the initial framework for thinking about binding legal force. The results showed that the Recommendations of the Inspectorate of Southwest Maluku Regency regarding the return of state financial losses by the Kokwari Village Head have binding legal force, which lies in various normative provisions in a hierarchical manner so that they can guarantee and assess the quality or quality of each implementation of the work carried out by the Village Government on the management The Village Fund Budget is within the scope of the Regional Government of Southwest Maluku Regency, for this reason the Inspectorate Board of Southwest Maluku Regency issued a recommendation regarding the return of state financial losses by the Kokwari Village Head, of course, administrative legal consequences in terms of accountability that with the completion of the return of state financial losses carried out by the Kokwari Village Head cannot be prosecuted for criminal responsibility under Article 4 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes.
Perlindungan Hukum Terhadap Pemilik Hak Atas Tanah Dalam Proses Pengadaan Tanah Untuk Kepentingan Umum Dwi Nurul Aulia Pattiha; Jemmy Jefry Pietersz; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10101

Abstract

ABSTRACT: Procurement of land for public purposes is not carried out according to the stages such as planning, preparation, implementation and delivery of results and even at these 4 (four) stages disputes often occur so that owners of land rights lose their rights without compensation or the compensation they receive is not appropriate as a form of legal protection for the owner of the right to land. Purposes of the Research, reviewing and analyzing the land acquisition process for public interest can lead to land acquisition disputes, as well as reviewing and analyzing legal remedies for owners of land rights in the process of land acquisition for public interests. Methods of the Research the type of research used is normative juridical research using a problem approach, namely the statutory approach and the concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research with legal material analysis techniques, namely qualitative. Research results show that land acquisition for the public interest is very prone to causing disputes. This is because in the process of land acquisition for the public interest it is not carried out based on the provisions, because land acquisition for development for the public interest is carried out through the stages of: planning, preparation, implementation and delivery of results, not implemented These four stages cause disputes in the process of land acquisition for the public interest so that owners of land rights can take legal action as a form of legal protection against ownership of land rights to obtain compensation or objections can be made through non-litigation channels, namely deliberations, while the litigation path, namely the judicial process of Objections to location determination can be submitted to the PTUN, while objections to determining the form and amount of compensation are submitted to the local District Court.
KARAKTERISTIK SURAT TILANG DALAM PENINDAKAN PELANGGARAN LALU LINTAS DAN ANGKUTAN JALAN Jemmy Jefry Pietersz
SASI Vol 16, No 3 (2010): Volume 16 Nomor 3, Juli - September 2010
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v16i3.783

Abstract

Violations action in the field of Traffic and Transportation is the act of sanctioning violations. This action is done by issuing Surat Tilang as a result of the violations found in the inspection of motor vehicles on the road. Surat Tilang has characterized as a unilateral administrative action as a form of administrative sanctions against violations committed and does not require the court rulings against government actions that are unilateral. Thus, the Surat Tilang is categorized as an Administrative Decision.
Pembatalan Peraturan Daerah dan Akibat Hukumnya Menurut Undang-Undang Nomor 23 Tahun 2014 Tentang Pemerintahan Daerah Victor Juzuf Sedubun; Marthinus Johanes Saptenno; Jemmy Jefry Pietersz; Sostones Yacobis Sisinaru
SASI Vol 25, No 2 (2019): Volume 25 Nomor 2, Juli - Desember 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i2.216

Abstract

Based annulment nomenclature that used in Article 251 paragraph (1) and paragraph (2) may be canceled under vernietigbaar category. Vernietigbaar or ex nunc, means that the annulment is effective at that immidiate time. The legal consequences of cancellation pursuant to Article 251 paragraph (1) and paragraph (2) are considered to exist until there is a revocation by the Local Government. This is in accordance with the principle and the principle praesumptio iustae causa and contrarius actus. the changes to the legislation in the field of local government is very important. Additions are required in relation to the establishment of the Local Regulation, as mandated in Article 18B paragraph (1) NRI Constitution of 1945, and Act No. 23 of 2014. The Act No. 23 of 2014 does not specify clearly the procedures for the supervision and control parameters of the Local Regulation.
Prinsip Good Governance Dalam Penyalahgunaan Wewenang Jemmy Jefry Pietersz
SASI Vol 23, No 2 (2017): Volume 23 Nomor 2, Juli - Desember 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i2.107

Abstract

governance is a way implemented by the government using political, economic and administrative authority in managing economic and social resources for community development. The term governance is more directed to technical matters of governance in a country. By that, the term governance in relation to good governance is directed more towards legal aspects, especially administrative law which in essence more emphasized public service aspect which is addressed to society. Good governance characteristics include Participation, Rule of law, Transparency, Responsiveness, Consensus orientation, Equity, Effectiveness and efficiency, Accountability, and Strategic vision. These characteristics are legally sourced on two main grounds, namely the principle of the rule of law and the principle of democracy. The principle of the rule of law becomes the foundation of good governance where every act of government should have a legal basis, in the form of authority, procedure and substance and protection of human rights. The principle of a legal state provides the basis of legality in the administration of government, while the principle of democracy as the basis of government openness and community participation. Power or power essentially contains the rights and obligations of the apparatus of government to take certain legal actions, derived from attribution, delegation and mandate. Abuse of power is an act of government that is inconsistent with the purpose of authorization. the form of abuse of power consists of illegal state administration (onrechtmatige overheidsdaad), the misuse of the state administration (detournement de pouvoir or ultra vires) and the arbitrary acts of state administration (abus de droit). Abuse of power may occur against bound and free power. Parameters testing abuse of power from power are tied to the legality of government action, while the abuse of power from free power using the Good Governance Principles (GGP). GGP is the principle of proper administration
Co-Authors Daniel Adipura Romiwy Dwi Nurul Aulia Pattiha Marthinus Johanes Saptenno Novyta Uktolseja Sostones Yacobis Sisinaru Victor Juzuf Sedubun