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NATURAL RESOURCE MANAGEMENT PROBLEMS OF COASTAL AREAS AND SMALL ISLANDS IN THE ARU ISLAND Tjiptabudy, Jantje; Rugebregt, Revency Vania; Alfons, S. S.; Laturette, Adonia I.; Saiya, Vica J. E.
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licensesÂ natural resources management provided by the government to investors who want control over land in thisÂ region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.

Natural Resource Management Problems Of Coastal Areas And Small Islands In The Aru Island Jantje Tjiptabudy; Revency Vania Rugebregt; S. S. Alfons; Adonia I. Laturette; Vica J. E. Saiya
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v1i1.7

On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licensesÂ natural resources management provided by the government to investors who want control over land in thisÂ region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.

Legal Development of Coastal Marine Management Based on the Idea of Pancasila Jantje Tjiptabudy
Hasanuddin Law Review VOLUME 4 ISSUE 1, APRIL 2018
Publisher : Faculty of Law, Hasanuddin University

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

THE APPLICATION OF THE BALANCE PRINCIPAL IN THE NATURAL RESOURCES MANAGEMENT IN MARINE AND COASTAL AREAS Jantje Tjiptabudy
Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Vol 26, No 2 (2014)
Publisher : Fakultas Hukum Universitas Gadjah Mada

This research aims to discuss the implementation of balance principle of marine and coastal resources management. The type of this research is a normative research by way of applying the provisions and conceptual approach. The result of the research shows that the government authority is more dominant than protect the interest of adat law society. In the implementation of balance principle with regards to the coastal and natural resources management has not yet fully provided the positive impact for the social welfare. Besides, both parties have different concept of balance principle, so that it is incompatible with the substance and interpretation in its implementation. Penelitian ini bertujuan mengkaji penerapan asas keseimbangan dalam pengelolaan sumberdaya alam laut dan pesisir. Jenis Penelitian ini adalah normatif dengan menggunakan pendekatan perundang-undangan dan pendekatan konsep. Hasil penelitian menunjukkan bahwa kewenangan pemerintah lebih dominan dalam pengelolaan sumber daya alam, namun kurang memberikan perlindungan terhadap kepentingan masyarakat hukum adat. Penerapan prinsip keseimbangan dalam pengelolaan sumberdaya alam di wilayah laut dan pesisir belum sepenuhnya memberikan pengaruh positif bagi kesejahteraan masyarakat. Selain itu, kedua belah pihak mempunyai konsep yang berbeda tentang prinsip keseimbangan sehingga dalam penerapannya belum sesuai dengan makna atau hakekatnya.

Tanggung Jawab Pemerintah Dalam Perencanaan Pembangunan Kecamatan Yang Partisipatif Falantina Theresia Naryemin; Jantje Tjiptabudy; Erick Stenly Holle
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.v2i5.1115

Introduction: The administration of government through Law Number 23 of 2014 concerning Regional Government is one of the means in realizing a democratic government that involves all the potential of the community to participate in thinking and managing regional government. The purpose of this study was to determine how the form of government responsibility in participatory development planning and to find out what factors influence community participation in development planning.Purposes of the Research: The purpose of this research was to determine how the form of government responsibility in participatory development planning and to find out what factors influence community participation in development planning.Methods of the Research: The research method used is a normative legal research method. The problem approach used is the statutory approach, the conceptual approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials using the method of inventorying laws and regulations and Processing and Analysis of legal materials using data analysis techniques with deductive logic.Results of the Research: Based on the results of the study, it can be concluded that the Kudamati sub-district government has made efforts and roles, such as inviting the community to participate in various village activities with the aim of increasing community participation in development in accordance with the content, objectives, and intentions of each development program that wants to be implemented in accordance with with their responsibilities and the community as supporting factors, it is stated that it is not good if it is seen from the low participation of the Kudamati Village community.

Pemenuhan Hak Pendidikan Anak Di Masa Pandemi Covid-19 Marlon Tahapary; Jantje Tjiptabudy; Renny Heronia Nendissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1103

Introduction: Fulfilling children's rights to education is increasingly difficult to achieve, so it is necessary to fulfill children's education rights during the COVID-19 pandemic.Purposes of the Research: Therefore, this writing aims to analyze and discuss the fulfillment of children's education rights during the covid-19 pandemic. Methods of the Research: The research method used is normative juridical. The approach to the problem used is the statutory approach, conceptual approach, sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are through literature study and then analyzed through description using the method qualitative.Resul of the Research: The results of the study show that the fulfillment of children's education rights during the Covid-19 period has not been fulfilled properly. The rights of children's education as regulated in Law Number 23 of 2002 have also not been implemented properly during this covid period. There are no legal consequences arising from the non-fulfillment of children's education rights. For this reason, the fulfillment of children's rights should be in accordance with what has been mandated in the law so that it can guarantee the fulfillment of children's rights so that they can grow, develop, and participate optimally in accordance with human dignity.

Pengaturan Hukum Petisi Online Sebagai Kebebasan Berpendapat Terhadap Penyelenggaraan Pemerintahan Nurul Safitri; Jantje Tjiptabudy; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1126

Introduction: People are getting smarter at using the existing media to exercise their right to express opinions, one of which is through online petitions.Purposes of the Research: to find out the legal arrangements and the implications of online petitions on governance. Methods of the Research: This research is a normative legal research. In this study, three approaches to the problem are used, namely the statutory approach, the conceptual approach, and the comparative 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 parts, both primary, secondary and tertiary laws. All data in this study were analyzed qualitatively. Results / Findings / Novelty of the Research : The results of this study identified that online petitions are electronic mails that are currently popular among the public. However, Indonesia does not yet have specific regulations regarding online petitions. The implications obtained from the online petition platform are able to facilitate as well as involve citizens in voicing their opinions and actively in carrying out the role of citizens by implementing direct democracy, namely the community participating in public management.

KEBIJAKAN PEMERINTAH DALAM UPAYA MELESTARIKAN NILAI-NILAI PANCASILA DI ERA REFORMASI Jantje Tjiptabudy
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.v16i3.780

Pancasila is the philosophy, the Indonesian state ideology, which means that the Pancasila as a source of inspiration and source of solutions to the nation's problems. In a development in the reform era of pure values contained in Pancasila termaknai not in the life of nation and state. This is what lies behind the author to see how government policies in an effort to preserve the values of Pancasila in the reform era. The results obtained that the translation of Pancasila, which can be used as guidance in the life of nation and state are necessary in the current reform era. Pancasila seems to have been completely forgotten by the various groups in society, although formally. Therefore the government should act in accordance with the values of Pancasila itself Every precepts of Pancasila should be internalized and implemented, government policies should be in accordance with the application of the principles of Pancasila. Does the government have to be firm and fast in ensuring its citizens carry out this first principle of religious life in peace without any confusion in the run his religion from interference deviant teachings, whether the government has made regulations in which the moral attitude of humanity based on the absence of interest groups , whether the government has been able to overcome all understand class, ethnicity, tribe, race, religion or class of individuals that can not be sharpened into conflict and hostility, but it makes a difference who becomes a force for unity of this nation, whether the people led by the wise men in making decisions together unutuk public interest. And lastly whether the government is providing justice for every citizen in the form of welfare, security, assistance, subsidies, and a chance to live without any distinction of rights.

Model Pengelolaan Sumber Daya Kelautan dan Kemaritiman Tjiptabudy, Jantje; Angga, La Ode; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2133

Introduction: Indigenous people who live on small islands are quite large in number compared to the available natural resources. So it can be said that it is not enough to meet the basic needs of indigenous peoples, for a certain period of time. Therefore, the idea was born to create legal regulations that could regulate and organize all the potential of marine and maritime resources so that they could be used wisely.Purposes of the Research: to formulate the formulation of a Marine and Maritime Resources Management Model in Central Maluku Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research seeks to describe the Marine and Maritime Resource Management Model in Central Maluku Regency. The way the empirical juridical or sociological juridical method works in this research proposal is from the results of collecting and finding data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts available. exists in society, thus the truth in a study has been declared reliable without having to go through a rationalization process.Results of the Research: To minimize conflicts and disputes that occur in the marine and maritime customary rights community, there must be a formulation of a model for regulating marine and maritime management in Central Maluku Regency involving all cuttings holders.

Keabsahan Perubahan Alokasi Anggaran Bantuan Langsung Tunai Corona Virus Disease 2019 (Covid-19) Di Desa Waimangit Kabupaten Buru Facey, Yunita Sari; Tjiptabudy, Jantje; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2436

Introduction: This study discusses the validity of the Waimangit Village Head's decision to stipulate the Village Regulation on Village APB Changes in 2020 without coordinating with BPD, the Village Head then changed the village budget post that was previously budgeted for the provision of social safety net in the Village in the form of BLT as a manifestation of efforts to handle the impact of COVID-19 by the central government in the Village. The budget item is used to cover the shortfall in village spending for the development of Village-Owned Enterprises.Purposes of the Research: To analyze and identify the validity and legal consequences of changes in the budget allocation of Direct Cash Transfer (BLT) intended to deal with Corona Virus Disease 2019 (Covid-19) in Waimangit village, Buru Regency based on applicable legal provisions.Methods of the Research: This research use the Normative Juridical research method which is carried out by examining primary and secondary legal materials that are relevant to the problem under study.Results of the Research: The results of the study are related to the validity of changes in the budget allocation of Corona Virus Disease 2019 (Covid-19) Direct Cash Transfer (BLT) in Waimangit Village, Buru Regency has been valid based on applicable legal provisions because it meets aspects of authority. The decision of the Waimangit Village Head in determining changes to the Village APB does not meet the requirements of procedure and substance which means that the decision remains valid but has the legal effect that it can be canceled and not binding and ends after it is canceled or there is a cancellation by a judge or by the agency authorized to cancel it.

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