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All Journal TATOHI: Jurnal Ilmu Hukum
Hendry John Piris
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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

Abstract

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. 
Hak Prerogatif Presiden Dalam Pengangkatan Menteri Jacoba F X Kelbulan; Saartje Sarah Alfons; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1134

Abstract

Introduction: The use of prerogatives in appointing ministers, the president must pay attention to the educational background of a minister, the president must also look at some applicable standards.Purposes of the Research: to know and understand how to regulate the use of the President's prerogative in the appointment of ministers and how to use the mechanism of the President's prerogative in the appointment of ministers. Methods of the Research:  In this legal research, the author uses normative research. Normative research is library research, where in normative research library materials are data sources which are classified as secondary data in research. Secondary data has a broad scope, ranging from personal letters, book, to afficial documents issued by the government.Results of the Research: Regarding the educational background of the minister, Susie pudjiastuti, it is not regulated because the ministerial position is not a structural position. Although the president has prerogatives, the president is not necessarily given the widest freedom in appointing a minister. Special arrangements need to be made to limit the president regarding certain things that are the measure. The mechanism of the president's prerogative regarding the appointment of ministers needs to be regulated in a statutory regulation. The intended mechanism can be in the form of interviews, as well as fit and proper tests from the minister concerned, and the conditions that allow it to be open to the public.
Penundaan Pemilihan Umum dalam Sistem Ketatanegaraan Indonesia Srye Micze Ridua; Jemmy Jefry Pietersz; Hendry John Piris
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1821

Abstract

Introduction: The 1945 Constitution of the Republic of Indonesia does not regulate the postponement of elections and clearly emphasizes that elections are held once every five years, but the discourse on postponing elections has been discussed in Indonesia. Purposes of the Research: The constitutionality of postponing elections and the legal consequences of postponing elections in the Indonesian constitutional system. Methods of the Research: The research method used is normative juridical with statutory and conceptual approaches.Results of the Research: The results of this study concluded that the postponement of elections can use the form of postponement of subsequent elections in the Election Law because the form of postponement of elections in the Election Law does not conflict with the 1945 Constitution of the Republic of Indonesia. Even though the 1945 Constitution of the Republic of Indonesia has stated that elections are held once every five years, in realizing the postponement of elections there is a constitutional way, namely there is a constitutional mechanism, namely through amendments to the 1945 Constitution of the Republic of Indonesia. The postponement of elections also affects the term of office of the President and Vice President as well as members of the DPR, DPD and DPRD
Co-Authors Jacoba F X Kelbulan Jantje Tjiptabudy Jemmy Jefry Pietersz Nurul Safitri Saartje Sarah Alfons Srye Micze Ridua