Tanner, Juliani
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

The Legality of the Maluku Governor's Action in Mutating Doctors Between Hospitals Tanner, Juliani; Salmon, Hendrik; Bakarbessy, Andress Denny
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2062

Abstract

Introduction: There are often problems regarding the mutation of doctors between hospitals in the Maluku Province area carried out by the Governor of Maluku. The action of the Governor of Maluku to carry out the mutation caused a reaction of rejection from the mutated doctors and a number of mutation personnel and members of the Provincial Regional House of Representatives, because it was considered contrary to the provisions of laws and regulations. Purposes of the Research: The purpose of this writing is to analyze the legality of the Maluku Governor's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province, and the Legal Consequences if the Governor of Maluku's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province Does Not Have Legality.Methods of the Research: The research method in this writing is normative legal research. The approaches used in this study are the laws and regulations approach, the conceptual approach, and the case approach.Results Main Findings of the Research: The results of the study show that the Governor of Maluku transfers doctors between hospitals without a basis for authority, because there is no delegation of authority from the President as the holder of the highest power in the development of the State Civil Apparatus. This is evidenced by the absence of Government regulations or Presidential Regulations or Provincial Regulations that regulate the delegation of authority from the President to the Governor of Maluku for the mutation in question. Similarly, mutation is carried out through a mutation procedure for mutation planning for a minimum of 2 (two) years and a maximum of 5 (five) years. Mutation is carried out on the basis of the suitability between the competence of Civil Servants and the requirements of the position, position classification and career pattern, taking into account the needs of the organization, there should be no conflict of interest in the implementation of mutations. For this reason, the mutation of the Governor of Maluku to transfer doctors between hospitals is without authority, and not in accordance with procedures and substance so that it does not have legality, so it has legal consequences in question as invalid. The action of the Governor of Maluku is considered non-binding since it was established and all legal consequences that arise are considered to have never existed, because the mutation carried out by the Governor is null and void for the sake of the law.
Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Keberadaan Sertifikat Ganda Tanner, Juliani; Salmon, Hendrik; Pattinasarany, Yohanes
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 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.v1i1.9905

Abstract

Certificate of land rights as a product of land registration which provides legal certainty and legal protection to persons or legal entities. However, sometimes more than one certificate is issued by the National Land Agency which results in multiple certificates. This writing aims to find out how the legal responsibility of the National Land Agency is for the existence of multiple certificates. This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data obtained by using library research. The results of the study show that the legal responsibility of the land agency if there are multiple certificates is carried out in the form of legal responsibility in the aspects of civil law and administrative law. Legal responsibility in the aspect of civil law, When the land agency issues a certificate resulting in the appearance of multiple certificates which results in a loss to the parties to the said certificate, it is obligatory to compensate for the intended loss. Meanwhile, the legal responsibility of the land agency from the legal aspect of state administration is based on the granting of authority to the land agency to issue certificates of land rights. Every agency or official in exercising authority must be responsible for its implementation. Implementation of legal responsibility from the legal aspect of state administration through the act of canceling the intended certificate. As well as the legal consequences for officials of the national land agency if there is a double certificate, there are sanctions for the land agency official who issues the certificate which results in a double certificate.