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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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Journal : PATTIMURA Law Study Review

 1 
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 Daerah Terhadap Penertiban Tanah Terlantar Halirat, Novanda; Nendissa, Renny Heronia; Uktolseja, Novyta
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.v3i1.19747

Abstract

Objects located on land above the surface of the earth have the right to regulate them. This is in accordance with the mandate of the provisions of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Land can function well or have no right to use depending on how responsible the government and society are in managing the land. However, in reality there is a major polemic that arises regarding state land that is given to rights holders that are not used properly or are neglected for years. The purpose of this study is to determine and discuss the authority of the regional government in handling abandoned land and the form of legal protection for rights holders of abandoned land. The research method used in this writing is the normative legal research method with a statutory approach, case approach and conceptual approach, to answer the problems raised. The results of this study are that the Authority of the Regional Government in Handling Abandoned Land is carried out by the Head of the BPN Regional Office assigning the Head of the Land Control and Community Empowerment Division as the coordinator to prepare data and information regarding land indicated as abandoned (based on Article 8 paragraph (2) of the Regulation of the Head of the BPN RI No. 4 of 2010). For the implementation of data and information preparation activities in the field (land rights objects/basis for land control), the Head of the BPN Regional Office notifies the rights holders in writing that within a specified time, identification and research will be carried out until the stage of determining abandoned land. And the form of legal protection for rights holders of abandoned land is carried out both preventively and repressively. However, the most effective form of legal protection to be applied to this problem is the form of repressive legal protection on the grounds that there have been many violations of land abandonment in various regions in Maluku, one of which is Kandar Village. So that in order to strengthen land regulations, it is necessary to enforce repressive legal protection in the form of written warnings, administrative fines to pay compensation, revocation and transfer of land rights, and supervision of land control. With this, there is legal certainty that can be provided for the state, government and other communities who need land and their rights can be fulfilled based on the rule of law.
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.
Kewenangan Penjabat Negeri Dalam Pengangkatan Dan Pemberhentian Saniri Negeri Laha Kaba Kecamatan Telutih Kabupaten Maluku Tengah Koranelao, Abdul Latif; Nendissa, Renny Heronia; Soplanit, Miracle
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.12183

Abstract

State officials took arbitrary actions in appointing and dismissing Saniri without any deliberation from each clan or soa which had the right and authority to appoint and dismiss State Saniri Central Maluku Regency Regional Regulation No. 04 of 2006 concerning Guidelines for Structuring State Saniri/Village Consultative Bodies explains in Article 19 Point 1 "State Saniri are selected based on representation in accordance with local customs, customary law and culture." This writing discusses two issues, namely: 1) Do State Officials have the authority to appoint and dismiss State Saniri in accordance with statutory regulations. 2) What are the legal consequences of Saniri's appointment by a State Official? The purpose of this research is to examine and analyze the authority of State Officials in appointing and dismissing State Saniri and the Legal Consequences of Appointing Saniri by State Officials. The method used in this research is a normative legal research method. The results of this research indicate that the delivery and dismissal of State Saniri by State Officials is not in accordance with local state customs or is contrary to statutory regulations. The Decree of the Regent of Central Maluku regarding the Appointment of State Saniri is invalid or legally flawed.
Transparansi Pemerintah Dalam Realisasi Anggran Belanja Barang dan Jasa Suwakul, Rian; Nendissa, Renny Heronia; Pattinasarany, Yohanes
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.23737

Abstract

Transparency in governance is one of the main principles in realizing good governance. Through transparency, the public is able to understand and monitor the budget management process so that it is carried out openly, efficiently, and accountably. In this regard, the Ambon City Government bears a significant responsibility to implement this principle, particularly in the realization of the goods and services expenditure budget. This study aims to examine the forms of transparency implemented by the Ambon City Government in carrying out the goods and services budget, as well as the legal consequences that may arise when the principle of transparency is not upheld. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained from laws and regulations, legal literature, and other supporting documents. The results of the study indicate that transparency within the Ambon City Government is manifested through the implementation of electronic systems such as SIRUP (General Procurement Planning Information System), LPSE (Electronic Procurement Service), and the E-Catalogue, which serve as forms of public information disclosure in accordance with Law Number 14 of 2008 on Public Information Disclosure. Through these systems, the public can access information related to the planning, implementation, and reporting of goods and services procurement in an open manner. However, in practice, several obstacles remain, including low accountability and indications of budget misuse as found by the Audit Board of Indonesia (BPK) for the years 2021–2023. A lack of transparency may result in administrative, civil, and criminal legal consequences, such as contract cancellation, sanctions against authorized officials, and liability for state financial losses. Therefore, the implementation of transparency principles is a crucial factor in realizing a clean, accountable, and publicly trusted government.
Maladministrasi Dalam Bidang Pendidikan di Indonesia Ohorella, Muhammad Fawwaz; Nirahua, Salmon Eliazer Marthen; Nendissa, Renny Heronia
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.24349

Abstract

The legal issue in this study is the finding of intolerance against students in the school environment, namely the polemic of non-Muslim students at SMK Negeri 2 Padang, West Sumatra who are required to wear hijab. Therefore, it is interesting to examine whether intolerance can be categorized as a form of maladministration so that administrative sanctions can be applied to the action itself. The purpose of this study is to find out and analyze acts of intolerance against female students that can be categorized as maladministration and administrative sanctions that can be applied to acts of intolerance for female students in the school environment. The research method used in this writing is a normative juridical research method with a legislative approach and a conceptual approach. The results of this study can be concluded that Intolerance Actions for female students in the school environment can be categorized as a form of maladministration in the education sector. This is based on Article 1 point 3 of Law Number 37/2008 and Article 11 of Ombudsman Regulation Number 26/2017 which defines maladministration as a form of behavior or unlawful act, one of which is discrimination, on the grounds that it does not provide freedom for students to behave and express their opinions through the way of wearing a uniform in accordance with the religion adhered to and this action is a violation of government administration and public services. Administrative sanctions that can be applied to acts of intolerance for students in the school environment are that they can be subject to disciplinary sanctions based on the rule of law.
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