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All Journal LUTUR Law Journal PATTIMURA Law Study Review SASI
Jemmy Jefry Pietersz
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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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