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All Journal TATOHI: Jurnal Ilmu Hukum Bacarita Law Journal PATTIMURA Law Study Review CAPITAN: Constitutional Law & Administrative Law Review
Holle, Erick Stenly
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Law, Crime, Criminology & Criminal Justice

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 1 
Legal Aspects of Government Action in the Indictment of the Corruption Eradication Commission Public Prosecutor Nirahua, Garciano; Holle, Erick Stenly; Sedubun, Victor Juzuf
Bacarita Law Journal Vol 2 No 1 (2021): Agustus (2021) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v2i1.8074

Abstract

Law of the Republic of Indonesia number 19 of 2019 concerning the second amendment to law number 30 of 2002 concerning the Corruption Eradication Commission was formed with the aim of increasing the efficiency and effectiveness of efforts to eradicate corruption. In carrying out its duties, the Corruption Eradication Commission was given the authority to conduct investigations, investigations, and prosecutions (indictments) of corruption crimes involving law enforcement officers, state administrators, and other people related to corruption crimes committed by law enforcement officers or state administrators.
Konflik Norma dalam Pengaturan Pemilahan Sampah Lawalata, Magreth Syelen; Sedubun, Victor Juzuf; Holle, Erick Stenly
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2123

Abstract

Introduction: Government Regulation No. 81 of 2012 article 17 paragraphs (2), (4) and (5), stipulates that The District/City Government provides a means of sorting District/City-scale waste against 5 types of waste. Then, Local Regulation No. 11 of 2015 Article 27 letter f, only requires Local Government of Ambon City to provides waste sorting facilities for 3 types of waste.Purposes of the Research: The purpose of this research is to find out and analyze the conflict of norms in the regulation of Local Regulation No. 11 of 2015 Article 27 letter f with Government Regulation No. 81 of 2012 article 17 paragraphs (2), (4) and (5). The conflict of norms that occurs between the two regulations, interaction is a unilateral conflict of norms and in substantially is a partial conflict of norms.Methods of the Research: This research used normative research method.Results of the Research: Based on the principle of hierarchy, Local Regulation. In fact Local Regulation No. 11 of 2015 Article 27 letter f regulates the type of waste that is not in accordance with Government Regulation No. 81 of 2012 article 17 paragraphs (2), (4) and (5).
Perlindungan Hukum Terhadap Masyarakat Adat Dalam Pemberian Penugasan Survey Pendahuluan dan Eksplorasi (PSPE) Panas Bumi Lating, Muhaimin Qadri; Mustamu, Julista; Holle, Erick Stenly
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19740

Abstract

The issuance of Preliminary Survey and Exploration Assignment (PSPE) permits for geothermal energy often triggers agrarian conflicts with indigenous communities, as seen in the case of Wapsalit Village, Lolong Guba District, Buru Regency. This study analyzes the validity of the PSPE permit granted to PT. Ormat Geothermal Indonesia (PT. OGI) and its legal implications for the rights of indigenous communities. The research employs a juridical-normative legal method. The findings indicate that the issued PSPE permit is not entirely valid procedurally and neglects the rights of indigenous communities. PT. OGI failed to resolve land use issues in accordance with applicable regulations and did not adequately involve the community in socialization efforts. Consequently, the constitutional rights of indigenous communities over their territories were violated, and PT. OGI may be subject to administrative sanctions. The implementation of the Free, Prior, and Informed Consent (FPIC) principle, along with enhanced supervision and sanctions for violators, is essential to ensuring more effective legal protection for indigenous communities.
Tanggung Jawab Pemerintah Daerah Maluku Tengah Dalam Melaksanakan Penetapan Hutan Adat Hatuluayo, Rasyid; Pattinasarany, Yohanes; Holle, Erick Stenly
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v3i1.18049

Abstract

Forests have a very important position in indigenous communities because forests are a place of residence for the community, providing a livelihood for the community. The problem of ownership of customary land rights or customary forests is one of the main causes of forestry conflicts in Indonesia. Conflicts over recognition of customary land rights holders are very detrimental to indigenous communities. Conflicts that often occur are the uncertainty of the status of customary community rights in forest areas and the unclear boundaries of forest areas. Conflicts over ownership of these rights often put indigenous communities in a weak position. Most cases of conflict in customary forest areas have not been resolved properly to date. Based on the provisions of Law No. 23 of 2013 which is the legal basis for granting authority to the government in determining customary law communities to customary forests through regional regulations, the regional government, more precisely the Central Maluku regional government, has not carried out its responsibilities in terms of determining customary forests, because until now the Central Maluku regional government has not ratified regional regulations regarding the determination of customary law communities, the requirement for determining customary forests is customary law communities, and this recognition is stated in regional regulations which are the responsibility of the regional government.
Pengawasan Pemerintah Terhadap Izin Pelaksanaan Pengelolaan Hasil Sedmimentasi Laut Wael, Yanti; Nendissa, Renny Heronia; Holle, Erick Stenly
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.v2i1.15970

Abstract

The increasing activities of marine sedimentation results can damage the utilization of natural resources in coastal areas and small islands in the waters, for that effective supervision from the government is needed so as not to cause conflict so that its implementation can be fully felt by coastal communities. However, there are problems in the management of marine sedimentation results both in terms of regulation and government authority, so it is interesting to examine whether the regulations on marine sedimentation management permits and their management authority have met the provisions of laws and regulations. The purpose of this study is to determine and explain the form of government supervision of marine sedimentation management and the legal consequences of the government not supervising the management of marine sedimentation results. The research method used in this writing is the normative juridical research method with a legislative approach and a conceptual approach. The results of this study can be concluded that government supervision of marine sedimentation management permits cannot run effectively because there are some unclear formulations of norms, and derivative regulations are needed regarding the authority of related Ministry Institutions, such as the Ministry of Marine Affairs and Fisheries and the Ministry of Energy and Mineral Resources which have the potential to overlap authority so as to hinder supervision, and the legal consequences of the government not supervising the management of marine sedimentation results are due to the conflicting legal norms, namely Government Regulation Number 26/2023 which is contrary to Law Number 32/2014 and the like. So that the implementation of Government Regulation Number 26/2023 is null and void.
Co-Authors Garciano Nirahua Hatuluayo, Rasyid Lating, Muhaimin Qadri Lawalata, Magreth Syelen Mustamu, Julista Nendissa, Renny Heronia Pattinasarany, Yohanes Sedubun, Victor Juzuf Wael, Yanti