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<![CDATA[Kewenangan Pemerintah Daerah Dalam Penertiban Penjualan Dana Pada Fasilitas Umum ]]>
<![CDATA[Leleury, Glenn Michael Pedro]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Nirahua, Garciano]]>
<![CDATA[ Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v4i2.2178
<![CDATA[Regional governments have an important role in regulating and supervising activities related to public facilities in their area. PUB practices and the sale of funds are regulated at both national and regional levels. However, the problem from a regulatory perspective is that regulations governing PUB practices in public facilities are often unclear and even inadequate.The purpose of this research is to examine and analyze the authority of regional governments and what forms of control can be carried out by regional governments in controlling the sale of funds in public facility areas. With normative juridical research methods and the nature of descriptive analytical writing.The research results show that:1). The government has the authority to regulate the sale of funds at public facilities, further stated in Law no. 23 of 2014 Article 65 paragraph (1) states that regional heads have the task of "maintaining public peace and order". This means that the government has given authority to regional governments to carry out their respective regional affairs, including the maintenance of peace and public order. 2). The form of control carried out by regional governments to handle sales in public facilities is contained in Article 26 paragraph (2) of Minister of Social Affairs Regulation No. 8 of 2021, namely administrative sanctions and criminal sanctions. This includes strict supervision, setting up special zones, using certain regulations. The effectiveness of enforcement strategies varies depending on the context and characteristics of local communities.]]>
<![CDATA[Keabsahaan Pengangkatan Kepala Pemerintahan Negeri Lisabata Timur Kabupaten Maluku Tengah ]]>
<![CDATA[Tomalima, Ilham Agus]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Lainsamputty, Natanel]]>
<![CDATA[ Jurnal Saniri Vol 4, No 1 (2023): Volume 4 Nomor 1, November 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v4i1.1910
<![CDATA[The village government system in Maluku in the customary regime is known as State government and generally applies to Ambon Island and Central Maluku Regency. State government is the basis of indigenous peoples and has clear land and sea territorial boundaries called petuanan country, and a government system that is genealogical or based on lineage. The term Negeri does not come from the native language of this area or "the language of the land". A country is a territorial alliance consisting of several sub-districts, which are generally at least three. Currently, the composition of the government of the territory of the country is the territory that forms the country. Underneath there are soa areas which are formed from several old houses as genealogical alliances.This research method is descriptive, namely to describe, find legal facts as a whole and examine systematically related to the arrangement for the appointment of the head of government of the State of East Lisabata and examine whether the appointment process is in accordance with applicable regulations. The conceptual approach is used to research and search for new legal concepts. Information was collected from various literatures to obtain legal instruments and relative research sources.It is hoped that the results of this research in the future, related to the election mechanism/procedure and the appointment of the East Lisabata State Government Head, can be carried out properly and correctly in accordance with the provisions of the Central Maluku Kanupaten Government Regulation Number 03 of 2006 concerning Procedures for Nomination, Election, and inauguration of the Head of State Government and existing legislation. The East Lisabata Indigenous Peoples Unit also needs to pay attention to rational considerations about the quality of the candidate they choose, both the moral, emotional, social, and intellectual qualities of the Candidate for Head of State Government to be nominated.]]>
<![CDATA[Keputusan Kepala Daerah Tentang Penetapan Kesatuan Masyarakat Hukum Adat Sebagai Desa ]]>
<![CDATA[Nahumury, Ryan Kevin]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Picauly, Benjamin Carel]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sanisa.v5i1.3024
<![CDATA[Introduction: The institutionalization of the Customary Law Community (MHA) unit into a Customary Village is carried out through a determination carried out by the Regional Head. Related to the determination as a unit of MHA as a Customary Village. Provisions regarding the requirements and implementation of the determination of the MHA unit to become a Customary Village are regulated in the provisions of Law No. 6 of 2014 Article 97. The implementation of the determination of the MHA unit as a Customary Village in reality, there are those that are not designated as Customary Villages, but as Villages, even though the requirements and criteria in the provisions of Law No. 6 of 2014 have been met. The determination of MHA units in West Seram Regency as a Village and not as a Customary Village raises legal problems. Juridically, normatively, the MHA units meet all the requirements and criteria of Law No. 6 of 2014 article 97, but are not designated as Customary Villages (or in SBB Regency term referred to as state) but as Villages.Purposes of the Research: The aim of this research is Validity of the Decision of the Regional Head Regarding the Determination of the Unity of the Customary Law Community as a Village Based on Law Number 6 of 2014Methods of the Research: The research used by the author is an empirical juridical research type. The procedure for collecting legal materials by conducting research in the form of interviews and observations as well as literature studies on legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively.Results / Findings / Novelty of the Research: The results obtained are the importance of determining the unity of the customary law community into a village must pay attention to various things in order to realize the welfare of the people which does not contradict the correct legal mechanism so that it does not have fatal legal consequences and is detrimental to the community.]]>
<![CDATA[Authority of the Deputy Minister's Position in the State Government Structure ]]>
<![CDATA[deLima, Eliza Abraham]]>;
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v5i1.2079
<![CDATA[Introduction: The system of government adopted by Indonesia is the presidential system. Where is the position of the President as the head of state and head of government. In running the wheels of government, the President is assisted by state ministries. The number of state ministries is adjusted to the President's program in the field of government, as well as to support the performance of state ministries.Purposes of the Research: Explain the position of the deputy minister as stated in Article 10 of Law Number 39 of 2008 concerning State Ministries and understand the authority of the Deputy Minister in the organizational structure of the State Ministry.Methods of the Research: The type of research used is normative research. In this research, a statutory-regulatory approach (Statutory Approach) and a conceptual approach (Conceptual Approach) are used. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials are qualitative.Results Main Findings of the Research: The position of Deputy Minister does not explicitly shift the position of Secretary to the Minister. The Deputy Minister and the Secretary General/Ministry have the same position as assistants to the Minister, but it is not normatively explained in the statutory regulations regarding whether the Deputy Minister shifts the position of Secretary to the Minister and there is overlapping authority between the position of the Deputy Minister and the Ministry Secretariat or Secretariat General in carrying out the ministry's duties.]]>
<![CDATA[Kewenangan Pemerintah Daerah Terhadap Penertiban Tanah Terlantar ]]>
<![CDATA[Halirat, Novanda]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19747
<![CDATA[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.]]>
<![CDATA[Pengawasan Pemerintah Daerah Terhadap Penjualan Rokok Eceran ]]>
<![CDATA[Lain, Haryani]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Soplanit, Miracle]]>
<![CDATA[ Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v5i2.3169
<![CDATA[Retail cigarette sales are one of the factors contributing to the increasing number of smokers, especially among teenagers and children. Although the government has implemented various regulations regarding tobacco control, particularly related to the prohibition of retail cigarette sales, the practice of retail cigarette sales is still widespread due to weak supervision.This research aims to analyze the form of supervision carried out by local governments over the retail sale of cigarettes and the legal consequences if the supervision is not conducted optimally.This writing uses normative legal research type, with an approach to legislation and a conceptual approach.The form of local government supervision over retail cigarette sales is carried out through two main approaches, namely preventive and repressive supervision. Preventive supervision includes socialization, education, and routine inspections, while repressive supervision is conducted after violations occur by imposing administrative or legal sanctions. The government's failure to supervise can lead to various legal consequences, including violations of legislation, an increase in the prevalence of novice smokers, and serious health impacts on the community. The government can be deemed negligent in performing its duties, thus potentially facing legal action. Therefore, it is important for the government to strengthen the supervision and law enforcement systems related to retail cigarette sales to protect public health and ensure compliance with applicable regulations.]]>
<![CDATA[Ratio Decidendi Terhadap Amar Putusan Pengadilan Tata Usaha Negara pada Perkara Pemberhentian Tidak Dengan Hormat Aparatur Sipil Negara Terpidana Korupsi ]]>
<![CDATA[Himawan, Mohammad Hilmi]]>;
<![CDATA[Alfons, Saartje Sarah]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5934
<![CDATA[Introductioan: The ratio decidendi or the judge's legal considerations is the most important thing in determining the decision because there are aspects that must be considered. Ratio decidendi is a process that will produce a decision. In practice, namely at the State Administrative Court, it was found the fact that the employment dispute, namely dishonorable dismissal, had a different decision. Purposes of the Research: This study aims to determine the ratio decidendi that produces different decisions. The purpose of this research will be to answer the anxiety and curiosity about the ratio decidendi of the dispute regarding the dishonorable dismissal. Methods of the Research: This writing method is normative juridical, with the type of library research, which uses a law approach, with the hope of answering the problems faced. Results of the Research: The difference in the decision of course must be drawn on the ratio decidendi which considers the authority to adjudicate, procedural and substantive aspects as well as aspects of the grace period. These three aspects will be the main focus in dissecting the ratio decidendi in each decision so that differences will be found. The consistency of the ratio decidendi can affect the legal certainty received by the parties.]]>
<![CDATA[Pengawasan Pemerintah Terhadap Izin Pelaksanaan Pengelolaan Hasil Sedmimentasi Laut ]]>
<![CDATA[Wael, Yanti]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Holle, Erick Stenly]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i1.15970
<![CDATA[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.]]>
<![CDATA[Penegakan Hukum Terhadap Juru Parkir Tidak Resmi Di Kota Ambon ]]>
<![CDATA[Oszaer, Rex Joshua]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Tita, Heillen Martha Yosephine]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v1i1.9907
<![CDATA[Parking is a public need that initially functions to serve, according to this function parking space is adjusted according to demand along with the needs of people who have motorized vehicles to access a place. The purpose of this study was to analyze and find out the form of supervision carried out by the Ambon City Government towards unofficial parking attendants, as well as the implementation of law enforcement against unofficial parking attendants based on Ambon City Regional Regulation No. 6 of 2019. This research is normative juridical research, the process of finding legal principles and doctrines to answer legal issues that are systematically compiled, studied, then conclusions drawn, using statutory approach (statue approach) and conceptual approach (conceptual approach). The results of this research are that the Ambon City Government carries out internal supervision, a-priori and a-posteriori supervision in the form of preventive supervision in the form of appeals to the public, this supervision is carried out for approximately 2 years and then an evaluation is carried out. Law enforcement carried out by the Ambon City Government against managers and unofficial parking attendants in Ambon City as stipulated in CHAPTER XIII Concerning Administrative Sanctions Article 46, Article 47, and Article 48 paragraph (3).]]>
<![CDATA[Kewenangan Pengakuan Hak Pengelolaan Wilayah Laut Kepada Masyarakat Hukum Adat Oleh Pemerintah Daerah ]]>
<![CDATA[Larubun, Faliuw Samuel]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Matitaputty, Merlien Irene]]>
<![CDATA[ CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 2023 CAPITAN: Constitutional Law & Administrative Law Review ]]>
Publisher : <![CDATA[Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/capitan.v1i2.10972
<![CDATA[The state recognizes and respects the unity of customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law" Article 18(b) paragraph 2 of the 1945 Constitution is the legal basis for recognizing the existence of the community customary law in Indonesia which has rights and authority to be respected and respected. The existence that has been recognized on a clear legal basis means that customary law communities have the authority to manage and manage their own customary territories as they should. The authority that is meant is the authority to manage the land and even the sea which is the ownership right of the indigenous communities themselves. Marine management rights by customary law communities or what is usually called marine ulayat rights are a set of rules or practices for managing marine areas and the resources therein based on customs carried out by coastal communities in villages. Regional Governments are obliged to provide recognition of marine management rights to customary law communities. This is clearly stipulated in Law Number 1 of 2014 in article 20 paragraph (1): The Government and Regional Governments are obliged to facilitate the granting of location permits and management permits to Local Communities and Traditional Communities "But what if the regional government does not grant marine management rights in accordance with the applicable law.]]>
