CAPITAN: Constitutional Law & Administrative Law Review
CAPITAN: Constitutional Law & Administrative Law Review, which is abbreviated as (CAPITAN: Constitutional Law Administrative Law Rev.), is a peer-reviewed media managed and published by the Center for Law and Government Studies Pattimura University. CAPITAN: Constitutional Law & Administrative Law Review publishes scientific papers in the field of law, published two times a year in June and December. The aim of this journal is to provide a place for academics, students, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports a greater global exchange of knowledge. CAPITAN: Constitutional Law & Administrative Law Review is available online. The languages used in this journal are Indonesian and English. The scope of the articles published in this journal discusses various issues in the fields of Constitutional Law, Administrative Law, and other sections related to contemporary issues in the field of Constitutional Law and Administrative Law.
Articles
31 Documents
<![CDATA[Penerapan Peraturan Daerah Kabupaten Maluku Tengah Nomor 11 Tahun 2022 Tentang Pengelolaan Sampah Di Wilayah Pesisir Kecamatan Kota Masohi Kabupaten Maluku Tengah ]]>
<![CDATA[Samal, Hikma Fajaria]]>;
<![CDATA[Sedubun, Victor Juzuf]]>;
<![CDATA[Irham, Muhammad]]>
<![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.v1i1.9837
<![CDATA[Environmental health in Indonesia is still a very diverse problem and from year to year it has not been resolved properly. Problems that occur include pollution problems, both water pollution, air pollution, and soil pollution. The writing method in this study uses an empirical juridical method with a statute approach. The data sources used are primary data sources in the form of interviews and observations and secondary data in the form of journals, books and data on the internet related to research. Data was collected through observation, interviews and documentation. The results of the study show that (1) waste management in the coastal area of Kota Masohi District is not running according to regulations, as seen from the lack of attention from the government and the untouchability of infrastructure and services for waste management in the area. (2) the community's role was not carried out properly due to a lack of understanding of the regional regulation and the government did not carry out its role properly due to budget constraints. The implications of the research are (1) It is hoped that the government will be more active in disseminating the Central Maluku Regency Regional Regulation No. 11 of 2022 concerning Waste Management sees that many people do not know the contents of the regional regulation (2) It is hoped that the Environmental Service can carry out their duties and functions in implementing the regional regulation. (3) It is expected that the community will always play an active role in assisting the government in maintaining environmental cleanliness and health.]]>
<![CDATA[Wewenang Penggunaan Aset Desa Dalam Bentuk Rumah Kepala Desa Oleh Mantan Kepala Desa ]]>
<![CDATA[Sanabuky, Kristo]]>;
<![CDATA[Nirahua, Salmon Eliazer Marten]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![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.v1i1.9857
<![CDATA[The Village Head holds the power to carry out the management of finances and Village Assets which of course must be based on laws and regulations and applicable legal principles. However, inreality, the management of Village Assets is not carried out in accordance with applicable legal principles, so that Village Assets are used personally by the Former Village Head, in Keliobar Village, North Tanimbar District, Tanimbar Islands Regency. Based on this problem, it is important to examine the authority to use Village Assets in the form of a Village Head's house. The legal issue is whether the former village head is authorized to use village assets in the form of village head houses, and whether the legal consequences for the use of village assets in the form of village head houses. The purpose of this study is to determine the authority to use village assets in the form of Village Head Houses by former Village Heads, and to find out the legal consequences on the use of Village Assets in the Form of Village Heads' Houses. This study uses a normative legal research method using a statutory approach and a conceptual approach. The results and discussion show that: 1). The former Village Head is not authorized to use Village Assets in the form of a Village Head's House based on the provisions of article 10 Paragraph (1) of the Minister of Home Affairs Regulation number 1 of 2016 concerning Village Asset Management, and 2). There is a change in the status of the use of Village Assets which results in losses to state finances so that the person concerned or the user, can be subject to administrative fines.]]>
<![CDATA[Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Keberadaan Sertifikat Ganda ]]>
<![CDATA[Tanner, Juliani]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Pattinasarany, Yohanes]]>
<![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.v1i1.9905
<![CDATA[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.]]>
<![CDATA[Kewenangan Pemerintah Kota Ambon Terhadap Anak Korban Eksploitasi Ekonomi ]]>
<![CDATA[Yesayas, Junet Daniela]]>;
<![CDATA[Alfons, Saartje Sarah]]>;
<![CDATA[Matitaputty, Merlien Irene]]>
<![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.v1i1.9906
<![CDATA[The authority of the Ambon city government over child victims of economic exploitation is urgently needed, given that children are the next generation of the nation and state that must always be protected, and their growth and development is paid attention to with the rights they have which have been regulated in the Laws and Regulations. The purpose of this study was to find out and understand how the authority of the Ambon City Government for Children Victims of Economic Exploitation is in accordance with Legislation and what forms of legal protection for children who are victims of economic exploitation. The research method used is normative legal research method and is analyzed qualitatively. The results and discussion show that the Ambon City Regional Government is based on the provisions of Article 20 and Article 21 paragraph (1) to (4) of Law Number 35 of 2014 concerning Child Protection and the provisions of Article 23 paragraph (4) of Ambon City Regional Regulation Number 1 of 2019 Concerning the Implementation of Child Friendly Cities, has authority over the implementation of Child Protection, respects the fulfillment of Children's Rights, guarantees the fulfillment of Children's Rights and is responsible for formulating and implementing policies in the field of implementing Child Protection. Authority Regional Government Against Children according to Law Number 35 of 2014 concerning Child Protection includes the obligations and responsibilities of the Regional Government. However, in the Ambon City Regional Government Regulation which specifically regulates the implementation of Means of Fulfilling Legal Protection Rights for children, it does not give law enforcement authority to the Regional Government against the perpetrators.]]>
<![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[Pemekaran Daerah dan Otonomi Daerah Kerangka Hubungan Pusat Daerah ]]>
<![CDATA[Kusuma, Winanda]]>;
<![CDATA[Sintasari, Sieska Afriana]]>
<![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.v1i1.9933
<![CDATA[Regional autonomy as the government's choice in the administration of regional government to assist efficient and effective regional governments in managing governance. The desantralization pattern distributes authority to the regions within territorial limits. The fundamental organization enables the governing policies of a system. A policy itself in the whole system of government. The pattern of power and financial relations between the central government and regional governments is largely determined by the national political configuration at a given time. This article was written using the method of conceptual thinking with critical legal studies as the type of research. The result of this article is that the formation of new regions must be aimed at improving public services, accelerating the realization of community welfare, and also channeling political education at the local level. There is also a need for an evaluation of regional expansion with indicators of the objectives of the expansion. The urgency of evaluation is so that the desire and rapid division of regions does not make local governments paradoxical with goals. it is necessary to implement it as a corrective action so that the positive implications of corrective action can be felt more properly, it must have a legal basis by the provider of regional autonomy, namely the central government.]]>
<![CDATA[Penegakan Hukum Terhadap Pelanggar Penggunaan Kendaraan Dinas ]]>
<![CDATA[Sari, Aswinda Nilam]]>;
<![CDATA[Pattipawae, Dezonda Rosiana]]>;
<![CDATA[Saija, Vica Jillyan Edsti]]>
<![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.v1i2.10113
<![CDATA[Law Enforcement supervision of violators of official vehicle users by government officials is carried out based on the principle of decentralization where the Central Government fully delegates to Regional Governments to follow up or manage their respective regions. Any State/regional losses due to negligence, misuse or violation of law on the management of State/regional property are resolved through claims for compensation in accordance with laws and regulations. In responding to and avoiding the misuse of official vehicle facilities by government officials, it is necessary to supervise the use of official vehicle facilities. Supervision carried out on official vehicle facilities is intended so that government officials are aware of their responsibilities as servants of the state and society and do not attach importance to personal interests. The legal issues in writing are, first; What is the function of Government supervision of official vehicles ?. second; How are sanctions applied to violators of the use of official vehicles by government officials? The type of research used is Normative juridical research using a problem approach, namely a statutory approach and a concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature research with legal material analysis techniques is qualitative. Based on the results of research that violations of the use of official vehicle functions are still often encountered, due to the use of official vehicles are often used outside official interests. Violation of regulations and abuse of authority because it is not in accordance with the use and function of the official vehicle itself based on Government Regulation Number 28 of 2020 on Amendments to Government Regulation Number 27 of 2014 concerning Management of State/Regional Property and in accordance with Government Regulation Number 94 of 2021 concerning Civil Servant discipline. Government officials who misuse official vehicles may be penalized. Any party that causes losses to the State/Region for personal interests or for interests outside the functions of the position and service that can result in state/regional losses, may be given administrative sanctions and criminal sanctions.]]>
<![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.]]>
<![CDATA[Kewenangan Pembimbing Kemasyarakatan dalam Melakukan Diversi Pra Ajudikasi (Studi pada Balai Pemasyarakatan Kelas II Ambon) ]]>
<![CDATA[Nusaly, Angelina Imanuela Debby]]>;
<![CDATA[Pattipawae, Dezonda Rosiana]]>;
<![CDATA[Tuhumury, Carolina]]>
<![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.v1i2.11192
<![CDATA[The criminalization of children who commit criminal offenses requires a community research report from the Correctional Center, which in this case is made by the Community Supervisor as regulated in the provisions of article 1 number 13 of Law No. 11 of 2012 concerning SPPA. One of the cases handled by the Community Supervisor is a case of persecution, based on police report Number B/113VII/1019/Reskrim. The client underwent an examination process at the Ambon Island and Lease Islands police station for allegedly committing the crime of persecution as referred to in Article 170 paragraph (1) of the Criminal Code (KUHP). The purpose of this research is to ask for consideration or advice from the Community Supervisor after the criminal offense is reported and the Community Supervisor is also not involved in the diversion process at the investigation stage. This Research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials. This research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials.The result and discussion shows that the authority to determine Diversion is given to law enforcement officials handling children's cases,Community Research from the Investigator as stipulated in Article 28 of Law No. 11 of 2012 concerning SPPA. After the Community Supervisor conducts the research, the results of the community research will be given to the Investigator. If the Investigators do not ask for consideration or advice from the Community Supervisor in the attempted diversion process, it can be said that the diversion process at the investigation stage is null and void.]]>
<![CDATA[Akibat Hukum Materi Muatan Peraturan Negeri yang Tidak Sesuai dengan Judul Peraturan Negeri ]]>
<![CDATA[Salasiwa, Niklas]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![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.v1i2.11206
<![CDATA[Ambon City Regional Regulation number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of State Government is the legal basis for every implementation of state regulations in Ambon City, this means that every state regulation made must be based on Ambon City Regulation Number 10 of 2017 2017. In making regulations, whether regional regulations or state regulations, appropriate and appropriate adjustments are needed in terms of determining the title and material content contained in the regulation, but it is not uncommon for there to be regulations that are not appropriate. The mismatch between the title of a state regulation and the content of the content material is certainly something that is very contrary to the law which will of course give rise to legal consequences. One of the state regulations which has a different title and content material is the Hative Kecil state regulation Number 6 of 2020 concerning the determination of house points. parents in the Hative Kecil country, with the title determining the terms of the parental home, the content material contained in this state regulation should only be limited to the scope of the parental home in the Small Hative State, but unfortunately the content material contained in the state regulations already covers all matters regarding Small Hative Country, starting from the appointment of the head of government of Small Hative Country, the election of the head of the state government, to the dismissal of the head of the state government, of course it is clear that the title of this state regulation does not match the existing content material, for this reason, this difference is certainly contrary to law and can give rise to legal consequences.]]>
