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Perlindungan Hukum Terhadap Anak Jalanan Di Kota Ambon Argubie, Jofan Junior; Mustamu, Julista; Soplantila, Ronny
Jurnal Saniri Vol. 4 No. 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1912

Abstract

Law Number 35 of 2014 concerning Child Protection guarantees and protects children and their rights to get fulfillment, including street children. In the Ambon City Regional Regulation Number 23 of 2017 article 1 Number 54 letter I states that the government is obliged to provide protection, one of which is for street children from all forms of violence and discrimination. However, in reality what happened, the government, in this case the city service, has not optimally provided protection for street children in fulfilling the rights of street children as a child. This writing aims to analyze and discuss forms of legal protection for street children in the city of Ambon The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The authority to supervise and protect street children in Ambon city is the responsibility of the city government, in this case the Ambon City Social Service in accordance with Ambon City Regional Regulation No. 23 of 2017 concerning the Implementation and Handling of People with Social Welfare Problems to provide supervision and protection, one of which is for street children in the city. ambon. The form of legal protection for street children in the city of Ambon is carried out in a repressive way where street children are given sanctions when raids are carried out on these street children who are then sent home without any other effort in fulfilling the rights of street children whose square is as a child. Thus the city government, in this case the social services, should make various efforts to help fulfill the rights of street children, one of which is facilitating street children in Ambon city by creating a music school for street children and accommodating them in places provided by the government to show their talents. .
The Rights of Indigenous Law Communities in Forest Management in the West Seram Regency: A Perspective of National and Customary Law E.M., Nirahua Salmon; Nirahua, Garciano; Soplantila, Ronny
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8691

Abstract

Recognition of indigenous legal communities as legal subjects with rights over their territories and natural resources is a constitutional mandate, as stipulated in Article 18B, paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In West Seram Regency, indigenous legal communities have a traditional governmental structure that manages customary forests as part of the territorial domains. This article aims to analyze the implementation of the rights of indigenous legal communities in forest management from a constitutional perspective and local practices. The research method used is a juridical-empirical approach with data collection techniques through literature study and interviews with local leaders and regional officials. The research findings indicate that although there is a normative recognition of the rights of indigenous peoples, the implementation at the local level, especially in West Seram Regency, still faces regulatory, administrative, and political obstacles. This causes the legal status of customary forests to be unclear and vulnerable to overlap with state claims or corporate permits. Therefore, affirmative steps are needed from local governments through regional regulations and collaborative programs that strengthen the position of indigenous communities as key actors in the management of forests based on local wisdom. The local wisdom of customary law communities, accumulated throughout the history of the development of customary law communities, plays a significant role for the customary law communities and their rights, including communal land rights both in marine and terrestrial areas. 
Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia Ru'ati, Amien; Nirahua, Garciano; Soplantila, Ronny
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (896.969 KB) | DOI: 10.47268/pela.v1i1.5899

Abstract

Introduction: The Constitutional Court is a state institution that has judicial authority based on the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the judicial review of the 1945 Constitution by the Constitutional Court, many decisions of the Constitutional Court were not carried out by other State Institutions or Government Agencies which have the obligation to follow up and implement the Constitutional Court Decisions. If the decision of the Constitutional Court is not implemented in the Unitary State of the Republic of Indonesia, it can legally interfere with the administration of government as a result of not implementing the decision of the Constitutional Court as a State Institution that has attribution authority in the 1945 Constitution of the Republic of Indonesia. Purposes of the Research: To analyze the Executive Power of the Decisions of the Constitutional Court which are final and binding in Indonesia Methods of the Research: The type of research used in this writing is normative juridical research. Results of the Research: The results show that the Constitutional Court's decision has executive power because it is final and binding when pronounced by the Constitutional Court Judge, and the Constitutional Court's decision actually has a juridical position as law and is used as a source of law by the DPR and the Government in forming laws. related to the decision of the Constitutional Court
Legal Product Formation and Financial Management Nirahua, Salmon Eliazer Marthen; Nirahua, Garciano; Soplantila, Ronny
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 2, July 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i2.2990

Abstract

Introduction: The village is granted broader authority to regulate and manage the interests of the community. Therefore, a number of village regulations must be created to effectively implement this authority. The importance of these village regulations is also aimed at accelerating the realization of public welfare through improvements in services, empowerment, community participation, and enhancing regional competitiveness, while considering the principles of democracy, equity, justice, as well as the uniqueness and special characteristics of each region within the framework of the Unitary State of the Republic of Indonesia.Purposes of The Devotion: The aim of this community service activity is to enhance the knowledge and skills of the community regarding the position of regional regulations, the process of making regional regulations, and the proper implementation of village governance.Method of The Devotion: Community service is carried out using a legal counseling method that focuses on interactive presentations or seminars, so that the service is not monotonous and does not only rely on the speaker. The topics covered include the formation of regional legal products, or "Perneg," and financial management in the administration of regional governance.Results Main Findings of the Devotion: In general, participants in the community service activity are not aware that the role of regional regulations in the process of regional governance is very fundamental. This is because the process of regional governance itself is regulated in such a way in the law, where every rule or technical guideline for managing the region is already outlined in that law. Specifically, regarding the boundaries of the region and regional governance, these need to be regulated in regional regulations, as this will impact the status of the region itself.
Penguatan Fungsi Legislasi Produk Hukum Daerah Pada Kabupaten Maluku Tengah dan Seram Bagian Barat Soplantila, Ronny; Lekipiouw, Sherlock H. L.
Jurnal Locus Penelitian dan Pengabdian Vol. 4 No. 10 (2025): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v4i10.4959

Abstract

The Regional People’s Representative Council (DPRD) is a representative body at the regional level that embodies the principles of democracy as stipulated in Article 18 of the 1945 Constitution. This article states that Indonesia, as a unitary state, is divided into provinces, which are further subdivided into regencies and cities, each of which has its own DPRD. The existence of the DPRD is strategic, as it carries out three main functions: legislation, budgeting, and oversight at the regional level. Regarding the drafting of regional regulations, Article 239 paragraph (1) of Law Number 23 of 2014 on Regional Government stipulates that the planning process is carried out through the regional legislation program (prolegda). Prolegda serves as a planning instrument prepared in a structured, integrated, and systematic manner at both the provincial and regency/city levels. Furthermore, based on Law Number 12 of 2011 on the Establishment of Laws and Regulations, as well as Minister of Home Affairs Regulation Number 120 of 2018 on the Formation of Regional Legal Products, the process of drafting regional regulations includes the stages of planning, preparation, formulation, discussion, approval or enactment, and promulgation. These stages demonstrate that the formation of regional regulations is not merely a formality but must follow the applicable legal mechanisms. As the people’s representatives, DPRD holds the right of initiative in formulating ideas and concepts for regional regulations. This highlights DPRD’s role as the representative of the community who understands the conditions, needs, and aspirations of the people. Therefore, every regional regulation produced is expected to address real issues in society and serve as an effective legal instrument to promote regional welfare and development.
Tanggung Jawab Komisi Pemilihan Umum dalam Pemenuhan Hak Pilih Penyandang Disabilitas pada Pemilihan Umum di Indonesia Hamka, Oriza Satifa; Pattinasarany, Yohanes; Soplantila, Ronny
Jurnal Saniri Vol. 6 No. 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3521

Abstract

The fulfillment of accessibility for persons with disabilities must be ensured in the electoral process. In reality, persons with disabilities still face accessibility challenges.This research aims to analyze the responsibility of the General Elections Commission regarding the failure to fulfill accessibility for persons with disabilities in the general election and to examine the legal consequences of failing to meet accessibility standards for persons with disabilities in the electoral process.The research methodology used is normative juridical research. The problem approach applied includes the statutory approach, the conceptual analysis approach, and the case approach. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are conducted through library research, and the data is analyzed descriptively using a qualitative method. The research findings show that the General Election Commission is responsible for providing accessibility facilities for persons with disabilities in elections, such as ramps, accessible voting booths, and aids like Braille ballots and sign language services. The lack of fulfillment of these accessibility needs violates the constitutional and human rights of persons with disabilities, reflecting the negligence. This failure may result in administrative sanctions and legal claims from persons with disabilities
Tanggung Jawab Komisi Pemilihan Umum dalam Pemenuhan Hak Pilih Penyandang Disabilitas pada Pemilihan Umum di Indonesia Hamka, Oriza Satifa; Pattinasarany, Yohanes; Soplantila, Ronny
Jurnal Saniri Vol. 6 No. 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3521

Abstract

The fulfillment of accessibility for persons with disabilities must be ensured in the electoral process. In reality, persons with disabilities still face accessibility challenges.This research aims to analyze the responsibility of the General Elections Commission regarding the failure to fulfill accessibility for persons with disabilities in the general election and to examine the legal consequences of failing to meet accessibility standards for persons with disabilities in the electoral process.The research methodology used is normative juridical research. The problem approach applied includes the statutory approach, the conceptual analysis approach, and the case approach. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are conducted through library research, and the data is analyzed descriptively using a qualitative method. The research findings show that the General Election Commission is responsible for providing accessibility facilities for persons with disabilities in elections, such as ramps, accessible voting booths, and aids like Braille ballots and sign language services. The lack of fulfillment of these accessibility needs violates the constitutional and human rights of persons with disabilities, reflecting the negligence. This failure may result in administrative sanctions and legal claims from persons with disabilities
Transformasi Digital Sebagai Bentuk Penerapan Prinsip Partisipasi dan Keterbukaan dalam Penyelenggaraan Pemerintahan Desa Andress Deny Bakarbessy; Garciano Nirahua; Ronny Soplantila
Jurnal Multidisiplin Indonesia Vol. 5 No. 6 (2026): Jurnal Multidisiplin Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jmi.v5i6.2763

Abstract

Penelitian ini mengkaji pengaruh transformasi digital terhadap partisipasi masyarakat dan keterbukaan informasi dalam penyelenggaraan pemerintahan desa. Latar belakang penelitian ini menyoroti pentingnya digitalisasi dalam pelayanan publik sebagai wujud penerapan prinsip demokrasi deliberatif dan tata kelola pemerintahan yang baik. Meskipun UU No. 6 Tahun 2014 dan UU No. 14 Tahun 2008 mewajibkan keterlibatan masyarakat dan keterbukaan informasi, implementasinya di tingkat desa masih belum merata, terkendala infrastruktur, literasi digital yang rendah, serta ketiadaan regulasi formal mengenai legislasi digital. Penelitian bertujuan menganalisis hubungan antara transformasi digital, partisipasi warga, dan keterbukaan informasi dalam penyusunan peraturan desa. Metode yang digunakan adalah pendekatan yuridis-empiris dengan pengumpulan data melalui wawancara mendalam dengan kepala desa, analisis dokumen regulasi, serta observasi platform digital di Desa Lonthoir, Negeri Urimessing, dan Negeri Passo. Hasil penelitian menunjukkan bahwa pemanfaatan website desa, media sosial, dan forum daring memperluas akses warga terhadap informasi desa serta membuka ruang partisipasi, meskipun sebagian besar bersifat informatif, bukan deliberatif. Penelitian menyimpulkan bahwa transformasi digital memberikan dampak positif terhadap transparansi dan partisipasi, namun implementasi efektif membutuhkan penguatan regulasi, peningkatan kapasitas aparatur, dan dukungan pemerintah daerah. Penelitian selanjutnya disarankan mengeksplorasi model legislasi digital yang inklusif untuk meningkatkan partisipasi deliberatif dan tata kelola desa yang transparan.