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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal Bacarita Law Journal PATTIMURA Law Study Review CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Nendissa, Renny Heronia
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Law, Crime, Criminology & Criminal Justice

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Tanggung Jawab Pemerintah Desa Dalam Bidang Pendidikan Di Desa Lutur Kecamatan Aru Selatan Kabupaten Kepulauan Aru Sihite, Marni G; Pietersz, Jemmy Jefry; Nendissa, Renny Heronia
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) 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.v3i2.8404

Abstract

The study aims to determine the responsibility of the village government in the field of education in Lutur Village. Normative legal research on village government or what is commonly referred to as the village head is supported by village officials as one of the elements of village government administration. The village head is a village official who has the authority, obligations and responsibilities to manage his village. Details of the position, duties and function of these community leaders based on domestic regulation number 84 0f 2015 as stipulated in article 6 the village administration who leads the administration of the village. The formulation of the problem to answer this question above is first whether the village government is responsible in the filed of education, seond what are the legal consequences does not carry out its responsibilities. The method used is normative law based on research conducted, the village government is responsible for carrying out development in the filed of education and is legally following.
Penegakan Sanksi Disiplin Aparatur Sipil Negara Yang Tidak Menjalankan Tugas Laim, Aderisal; Nendissa, Renny Heronia; Holle, Eric Stenly
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) 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.v4i1.8444

Abstract

The need for strict disciplinary sanctions to be applied to state civil servants who do not carry out their duties because many state civil servants in the Aru islands district do not carry out their duties properly. The aim of the research is to determine and analyze forms of enforcement of disciplinary sanctions for State Civil Apparatus who do not carry out their duties and to analyze the legal consequences. This study uses a normative research type using a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials. Legal materials were obtained from literature studies and were processed and analyzed qualitatively. The results of the this study indicate that enforcing the discipline of the state civil apparatus is an effort to foster state civil servants who are not carrying out their duties. With the goverment’s commitment to provide the best service to the community. And the formation of discipline which can be carried out in two ways, namely through the application of strict disciplinary measures.
Presidential Threshold Dalam Sistem Pemilihan Presiden dan Wakil Presiden di Indonesia Soselisa, Dodi L K; Pietersz, Jemmy Jefry; Nendissa, Renny Heronia
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1362

Abstract

Introduction: With the presidential threshold setting in the current election law, it has limited the constitutional rights of political parties as stipulated in Article 6A paragraph (2) of the 1945 Constitution. The crisis over the constitutional rights of political parties. Purposes of the Research: Knowing and Analyzing the Presidential Threshold is a limitation on the constitutional rights of political parties.Methods of the Research: The research method used is juridical-normative, the legal materials used are primary and secondary using the following approaches: (i) statutory approach; (ii) contextual approach, (i) comparative approach; (iv) case approach and (v) historical approach.Results of the Research: The results of the study show that the Presidential Threshold setting in the Election Law is a limitation on the constitutional rights of political parties. Because if you look at the full design of Article 6A of the 1945 Constitution in the original intention, no statement or discussion is found that directly alludes to the implementation of the presidential threshold provision.
Kelayakan Konstruksi Bangunan Trotoar di Kota Ambon Tomia, Niati; Nendissa, Renny Heronia; Pattinasarany, Yohanes
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2105

Abstract

Introduction: Sidewalks are road support facilities as stipulated in Law no. 22 of 2009 concerning Road Traffic and Transportation. The availability of sidewalks must provide safety and comfort for pedestrians passing through.Purposes of the Research: The purpose of writing this thesis is to find out and analyze (1) Does the sidewalk building in Ambon City meet the construction feasibility requirements in the provisions of laws and regulations.? and (2) What are the legal consequences if the sidewalk building does not meet the construction feasibility standards in the ptovisions of the legislations.?  Methods of the Research: The type of research used in this study is normative juridical legal research, namely legal research conducted by examining library materials or secondary materials which consist of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results of the Research: The results and discussion show that the construction of sidewalks in the city of Ambon does not meet the feasibility standards for the construction of sidewalks as stipulated in the Regulation of the Minister of Public Works Number 03/PRT/M/2014 concerning Guidelines for Planning, Provision and Utilization of Infrastructure and Facilities for Pedestrian Networks and Urban Areas, and Decree of the Director General of Highways No. 74/KPTS/Db/1999, Date, 7 December 1999 Concerning Ratification of One Technical Guideline of the Directorate General of Highways. Of course, this condition has legal consequences as stipulated in Article 44UU No. 28 of 2002 concerning Buildings in which there are administrative sanctions in the form of a) Written warning; b) Restrictions on development activities; c) Temporary or permanent suspension of construction implementation work; d) Temporary or permanent suspension of building use; e) Freezing of building construction permits; f) Revocation of building construction permit; g) Freezing of the certificate of proper function of the building h) revocation of the certificate of proper function of the building; or i) an order for the demolition of a building. 
Kewenangan Pemerintah Daerah Dalam Perjanjian Kerjasama Internasional Wattimena, Jose Christy; Nendissa, Renny Heronia; Daties, Dyah Ridhul Airin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2122

Abstract

Introduction: The development of the international community which has an impact on political and economic regionalization also has demands for local autonomy affecting patterns of international relations, in line with this, new actors have emerged where local governments have played a role in entering into international cooperation agreements.Purposes of the Research: This writing aims to identify and analyze the position of local government as a legal subject in international cooperation agreements and to determine and analyze the form of local government authority in entering into international cooperation agreements.Methods of the Research: The research method used is normative juridical with a problem approach using a statutory approach and a conceptual approach. The legal materials used consist of primary and secondary legal materials with legal material collection techniques carried out through library research.Results of the Research: The results of this study conclude that the regional government in entering into international cooperation agreements cannot be seen as a proper subject of international law, in entering into international cooperation agreements the position of the regional government remains a representation of the state. The form of regional government authority in entering into international agreements is a combination of delegation and mandate because it is a pre-existing delegation of authority from the center to the regions and acts on behalf of the state, in this case the authority giver.
Kewenangan Pembentukan Kantor Dewan Perwakilan Daerah Repbulik Indonesia (DPD RI) Di Daerah Pemilihannya Van Harling, Bryan Cristanto; Nendissa, Renny Heronia; Piris, Hendry John
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2115

Abstract

Introduction: 4 DPD-RI offices in their constituencies have only become definitive or owned by DPD RI but 30 other provinces are still using building loan facilities or leasing facilities owned by the Regional Government even though Law No. 17 of 2014 concerning MD3 article 252 describes the DPD RI office must be in the capital city province. Thus it is necessary to have procedures in establishing DPD offices in their constituencies.Purposes of the Research: This writing aims to describe the form of accountability for establishing DPD RI offices in each constituenc.Methods of the Research: 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. Results of the Research: The procedure for establishing the RI DPD Office can be carried out through the following stages: a) Discussion of the RI DPD office; b) Discussion of Complementary Tools by PURT; c) Submission of the draft to DPD RI; d) Discussion of the development plan by Commission III of the DPR RI; e) Ratification of the DPD RI office construction plan; f) Discussion on the urgency of implementing development by PURT Complementary Tools; g) Cooperation with the Regional Government; h) Construction is underway.
Keabsahan Tindakan Pemerintah Dalam Pemberhentian Dan Pengangkatan Pengganti Anatarawaktu Anggota Saniri Negeri Galeb, Yunasril La; Nendissa, Renny Heronia; Saija, Vica Jillyan Edsti
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.v2i1.13682

Abstract

ABSTRACT: In carrying out or issuing decisions or actions, the government must determine based on authority, in Article 8 paragraph (2) of Law Number 30 of 2014 concerning Government Administration states that: "Government bodies and/or officials in using authority must be based on: a. Legislation. b. General principles of good government.” The dismissal and appointment of interim replacements for State Saniri members is regulated in Ambon City Regional Regulation Number 8 of 2017 concerning the State, in this case in Article 67, namely: "The interim membership of State Saniri is determined by the Mayor's Decree on the recommendation of the State Saniri Leadership through the Head of State Government" and Article 68 paragraph (1): "Members of Saniri Negeri resign because: a. Died. b. Own request; and c. dismissed." As well as paragraph (3) which states that: "Replacement of members of the Saniri Negeri who quit as referred to in paragraph (1) is proposed by the chairman of the Saniri Negeri to the Soa concerned no later than 14 (fourteen) days." However, in fact, the Mayor of Ambon issued Ambon Mayor Decree Number 447 of 2022 which in the Consideration considering letters a and b of the object of the decision is a letter from the Acting Head of the Batu Merah State Government regarding the follow-up to the interim replacement proposal. Meanwhile, the leadership of Saniri Negeri Batu Merah never made a proposal to the Acting Batu Merah, Head of Sirimau District, and Mayor of Ambon to dismiss and/or replace members of Saniri Negeri Batu Merah. The type of research carried out is a normative juridical research type carried out through literature review or secondary materials.
Kewenangan Pemerintah Kabupaten/Kota dalam Pengelolaan Sumber Daya Alam di Wilayah Laut Perbatasan Negara Lumintang, Junior Alvaro Nazario; Pietersz, Jemmy Jefry; Nendissa, Renny Heronia
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2444

Abstract

Introduction: Indonesia is one of the largest archipelagic countries in the world with a total of 17,508 islands and borders with other countries. As a country with a number of boundaries with other countries, Indonesia must strategically plan its borders to protect the sovereignty of its own country.Purposes of the Research: This writing aims to re-position the regional government's authority in managing marine natural resources, especially those in border areas.Methods of the Research: The research method used in this study is normative legal research or another name, namely doctrinal law research which uses statutory regulations as the basis for this research. The analysis uses the statutory approach (statute approach), and the conceptual approach (conceptual approach).Result of the Research: The results of this study indicate that in the Indonesian constitution, there is the authority given to Regency/City Governments to manage border areas for the welfare of the surrounding community and Indonesia as a whole. Thus this thesis was developed in the interest of advancing educational science.
Perpanjangan Masa Jabatan Pimpinan Komisi Pemberantasan Korupsi Republik Indonesia Berdasarkan Putusan Mahkamah Konstitusi Nomor 112/PUU-XX/2022 Betekeneng, Anshari; Nendissa, Renny Heronia; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 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.v2i2.14203

Abstract

Review of Law No. 19 of 2019 concerning the Second Amendment to Law No. 30 of 2002 concerning the Corruption Eradication Commission. Constitutional Court Decision No. 112/PUU-XX/2022 whose decision accepts all of the applicant's requests. The Constitutional Court is not a fully democratic state institution, because the people do not directly elect the members of the court, and the term of office is more or less closely related to the domain of formulating open legal policy. The leadership of any institution in terms of extending its term of office must be carried out through the law-making council, namely the legislative body. Because officially this institution is appointed as the people's representative, including having a process of public participation. Changes to the terms of office from 4 years to 5 years, as in Law No. 30 of 2002 Article 34, during the process of changing the extension of the term of office of a state institution, it should be given to state institutions that have involvement in the process of drafting Legislative Regulations, which in turn expressly stated in the 1945 Constitution. This normative juridical research was carried out using a statutory approach, conceptual approach and case approach. In its decision, the Constitutional Court made new norms that are regulatory in nature and do not take into account the opinions of the People's Representative Council and the Government, which is an abuse of authority or is done arbitrarily and exceeds the authority of the legislators. This decision is contrary to the 1945 Constitution of the Republic of Indonesia Article 5 Articles 20 and 28 I. As a result of the Constitutional Court's decision being retroactive, problematic and subject to multiple interpretations, if there are parties who justify the decision regarding the existence of the leadership of the Corruption Eradication Commission while in office, theoretically it is feared that it will trigger another petition.
Tanggung Jawab Negara Dalam Pemenuhan Hak Hak Penganut Aliran Kepercayaan Iftitah, Wulan Ramadhani; Nirahua, Salmon Eliazer Marthen; Nendissa, Renny Heronia
Jurnal Saniri Vol 2, No 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1321

Abstract

Introduction: Constitutional Court Decision No. 97/PUU- XIV/2016 which gives recognition to adherents of a belief, with this decision the state guarantees the fulfillment of its constitutional rights but in its implementation there are still discriminatory actions against adherents of a belief. And it is clearly contrary to Article 29 (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: The method used in this paper is met. The method used in this paper is the normative research method. The research method is normative.Methods of the Research: The method used in this paper is a normative research method. Results / Findings / Novelty of the Research: From this writing, it is found that the implementation of constitutional rights to adherents of a belief has not been carried out so well, which still requires regulation, attention, and legal certainty from the government as the executor of state responsibility.
Co-Authors Baranyanan, Soeleman Djaiz Betekeneng, Anshari deLima, Eliza Abraham Dyah Ridhul Airin Daties Galeb, Yunasril La Garciano Nirahua Halirat, Novanda Himawan, Mohammad Hilmi Holle, Eric Stenly Holle, Erick Stenly Iftitah, Wulan Ramadhani Jantje Tjiptabudy Koranelao, Abdul Latif Laim, Aderisal Lain, Haryani Lainsamputty, Natanel Larubun, Faliuw Samuel Leleury, Glenn Michael Pedro Lumintang, Junior Alvaro Nazario Matitaputty, Merlien Irene Matuankotta, Jacky Alko Lazarus Muhammad Irham Nahumury, Ryan Kevin Nirahua, Salmon Eliazer Marthen Ohorella, Muhammad Fawwaz Oszaer, Rex Joshua Pattinasarany, Yohanes Picauly, Benjamin Carel Pietersz, Jemmy Jefry Piris, Hendry John Rumra, Salahudin Alfa Rizky Saartje Sarah Alfons Sihite, Marni G Soplanit, Miracle Soselisa, Dodi L K Suwakul, Rian Tita, Heillen Martha Yosephine Tomalima, Ilham Agus Tomia, Niati Uktolseja, Novyta Van Harling, Bryan Cristanto Vica Jillyan Edsti Saija Wael, Yanti Wattimena, Jose Christy