Muhammad Irham
Fakultas Hukum Universitas Pattimura, Ambon

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Journal : PATTIMURA Law Study Review

Tindakan Polisi Merazia Warga Masyarakat Yang Tidak Menggunakan Masker Dengan Rotan (Pecut) Saat Covid-19 Di Kota Ambon Pius Khrisna Eka Putra Naimena; Hendry John Piris; Muhammad Irham
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.v1i1.10908

Abstract

enforcement so that the actions of these officers violate the police professional code of ethics states that members of the National Police are prohibited from behaving and acting arbitrarily. Formulate the issue of whether the police have the authority to conduct raids and whether the actions of the police using rattan are in accordance with SOPs. The purpose is to review the authority of the police to raid residents who do not use masks during Covid-19 and find out the actions of the Police using rattan in accordance with applicable SOPs in raiding residents during Covid-19. Method of usingnormative juridical law research. By using a statutory approach and a conceptual approach. The legal material is divided into three; Primary legal materials are in the form of other official laws / regulations, secondary legal materials are books and other literature and tertiary legal materials are dictionaries and encyclopedias. Collection of legal materials using literature studies. Management and Analysis of this research is qualitative analysis. The results of the study identified that police law enforcement is regulated in the National Police Law, the police statutory authority is regulated in Law No. 2 of 2002 concerning the National Police, namely maintaining public order, upholding the law, providing protection, protection and community services. Police have procedures including; Appeal to officers so that actions in the field are humanely persuasive, Do not take repressive but humanist actions, Take action against people who do not follow procedures in order to invite and give appeals to the community. Law enforcement raiding residents who do not wear masks with rattan is concluded by the police not in accordance with the rules or sanctions referred to under Perwali Ambon No. 25 of 2020 article 11 in carrying out police actions should not use repressive measures but humanely persuasive in accordance with the direction of the procedure.
Legalitas Tindakan Pemerintah Daerah Dalam Pengalihan Fungsi Trotoar Kota Ambon Samal, Radhi Rafiq Defrian; Irham, Muhammad; Matitaputty, Merlien Irene
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13680

Abstract

ABSTRACT: Article 34 paragraph 3 of the Constitution of the Republic of Indonesia states that the state is responsible for providing health service facilities and adequate public service facilities to the community. Furthermore, Article 45 paragraph 1 letter a of Law Number 22 of 2009 concerning Road Traffic and Transportation "states that supporting facilities for the implementation of road traffic and transportation include sidewalks, the provision of which is provided by the local government. “Article 113 paragraph 1 letter a government regulation number 79 of 2013 concerning Road Traffic and Transportation Networks states that sidewalks are also a form of public service provided by the government as supporting facilities for road traffic and transportation in the form of provisions for pedestrians. Article 11 Paragraph 2 of Law Number 38 of 2004 concerning Roads "states that sidewalks are useful spaces for pedestrians. In accordance with the problems raised, the type of research used in this writing is normative juridical legal research. Legal research is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. The Ambon City Government regarding changing the function of sidewalks in Ambon City is currently not in accordance with Article 4 paragraphs 3 and 4 of Ambon City Regional Regulation No. 10 of 2014 concerning the Arrangement of Street Vendors, which states (3) Locations that cannot be designated as business premises for street vendors The five are as follows: within government agencies, within schools, within places of worship, around market locations, on roofs and sewers, in city parks and green lanes, around monuments and hero's graves, throughout the body road.