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Muhammad Irham
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Fakultas Hukum Universitas Pattimura. Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia. Tel./Fax : 62-911-3825203 / 62-911-3825204
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CAPITAN: Constitutional Law & Administrative Law Review
Published by Universitas Pattimura
ISSN : 30218330     EISSN : 30218349     DOI : 10.47268/capitan
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 31 Documents
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Tanggung Jawab Pengusaha dan Bentuk Perlindungan Hukum Terhadap Pekerja yang Dipekerjakan Melebihi Jam Kerja Lembur Sunaryo, Hanavia Rahma; Pattipawae, Dezonda Rosiana; Kuahaty, Sarah Selfina
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11209

Abstract

Employers have employed workers in excess of the overtime work hours determined by law with the aim of reaping greater profits while the rights of workers during overtime are set aside. purposes of the research analyze and discuss the responsibility of employers or employers for excess overtime hours imposed and to find out the forms of legal protection for workers employed in excess of the overtime hours prescribed by law. Methods of the research this type of research uses normative juridical methods, with qualitative processing and analysis of legal materials. Results of the research that approving an employment relationship above a deviation in overtime working hours based on laws and regulations is considered to have negated one of the elements of the employment agreement. The employer must be responsible for providing the rights of workers and bear everything that arises as a result of the actions taken. Then, to protect workers from deviations and violations of rights, legal protection is carried out through education and socialization of labor law instruments to workers and employers / employers as well as through the authority of supervisory institutions that will act to prevent and overcome labor violations.
Pergantian Antar Waktu Anggota Saniri Negeri Tanpa Usulan Soa Dan Badan Saniri Negeri Rikumahu, Valentino Victor Exel; Salmon, Hendrik; Mustamu, Julista
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11439

Abstract

This research was motivated by Central Maluku Regency Regional Regulation Number 04 of 2006 concerning Guidelines for Structuring State Saniri or State Consultative Body. This regulation mandates that members of Saniri Negeri are representatives of genealogical elements of society, in this case Soa, so that Soa has the authority to send representatives as members of Saniri Negeri. This type of research is normative legal research, the problem approach in this research is the statutory approach, and the case conceptual approach, the sources of legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a statutory approach, then synchronized with the legal concepts and principles studied to be analyzed normatively to answer the legal issues studied based on the approach used in this research. The results of this research are that the Regent's decision to make interim changes to the members of Saniri Negeri without a proposal from Soa and Saniri Negeri is a decision that does not meet the requirements for the validity of a decision, namely authority, procedure and substance which results in the decision being invalid or can be cancelled.
Penegakan Hukum Administrasi Terhadap Pegawai Lapas Yang Terlibat Penyebaran Narkotika Di Dalam Lapas Kelas II A Ambon Sattu, Mayakarin Fiadolla; Salmon, Hendrik; Tita, Heillen Martha Yosephine
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11496

Abstract

The aim of this research is to analyze and find out about the classification of abuse of authority by Correctional Institution officers who distribute narcotics and to find out disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. The research method used is the normative legal type. Based on the results obtained (1) The classification of abuse of authority carried out by correctional institution officers regarding the distribution of narcotics that occurs in prisons, in essence, is that a prison officer has an obligation that he must carry out in prison. (2) Disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant discipline are in the form of lighter disciplinary and administrative sanctions compared to Government Regulation Number 53 of 2010, namely Respectful Dismissal Not at Your Own Request. Where there is still a gap in Government Regulation Number 94 of 2021 concerning Civil Servant discipline for abusers who have civil servant status to receive pension benefits if they meet the criteria.
Tanggung Jawab Pemerintah Daerah Kabupaten/Kota Dalam Memenuhi Hak Anak Terlantar Untuk Memperoleh Identitas Diri Puru, Silvia Yuniwati; Pattinasarany, Yohanes; Soplanit, Miracle
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 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.v2i1.11555

Abstract

A person's identity must be given from birth. Having an identity is a human right, so the State, Government and society must uphold and respect it, such as establishing rules or policies to protect the right to obtain an identity that applies to anyone. Therefore, abandoned children also have the right to have their own identity. However, in reality, it is not uncommon for abandoned children to have no identity. These problems and some of the descriptions above show that even though there are a number of laws and regulations, there are still neglected children who do not have a proper place to live or have personal identity. The explanation above underlies the problem being discussed, namely what form of responsibility the government gives in fulfilling the rights of abandoned children to obtain self-identity and what are the legal consequences if the government ignores its responsibilities in fulfilling the rights of abandoned children to obtain self-identity. This research aims to discuss, understand and analyze the form of government responsibility in fulfilling the rights of abandoned children to obtain self-identity and also to identify what legal consequences there are if the government ignores its responsibility in fulfilling the rights of abandoned children to obtain self-identity. This research uses a normative juridical method, with a statutory approach, a conceptual approach and a comparative approach between other legal systems.
Penetapan Tarif Pajak Penghasilan Dalam Transaksi Jual Beli E-Commerce Lesiyela, Absa Brian; Tita, Heillen Martha Yosephine
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 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.v2i1.13459

Abstract

Income tax rates need to be regulated in an appropriate regulation in order to emphasize the imposition of income tax on those who carry out e-commerce buying and selling transactions, so that income tax is imposed fairly. So, levying income tax on e-commerce buying and selling transactions is the state's obligation to impose it on entrepreneurs who carry out e-commerce buying and selling transactions. The type of research that will be carried out in this writing is legal research with a normative juridical or analytical descriptive approach. Normative legal research is a type of legal research that involves an internal perspective with a focus on legal norms as the research object. When e-commerce tax collection rules are also applied to e-commerce buying and selling transactions, there will be no social inequality or movement of entrepreneurs in the e-commerce sector. Based on Minister of Finance Regulation Number 210 of 2018, the obligation to treat income tax like conventional traders is not mentioned at all. This regulation has caused problems and rejection from the Indonesian e-commerce association (idea) because it does not create a level playing field/fairness.
Penempatan Rumah Dinas Polisi Republik Indonesia Oleh Purnawirawan Polisi Marwan, Assor Januarta; Alfons, Saartje Sarah; Irham, Muhammad
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 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.v2i1.13521

Abstract

The placement of a POLRI official residence by a retired officer is something that is not permitted according to the law, this is because the POLRI official residence itself is intended for active police officers. To find out what form of supervision there is over the placement of official residences by retired police officers and what legal consequences arise because of this, this research was conducted with the aim of safeguarding the rights of active police officers regarding placement in official residences. The research method used in this research is normative juridical with a statutory approach, a conceptual approach, a legal history approach and a comparative approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of the research show that the form of supervision over the placement of POLRI official residences by retired police officers is repressive supervision in the form of disciplinary sanctions such as written warnings, official warnings, and withholding of rights and facilities. The legal consequences that arise for retired police officers who still occupy official residences include legal action in the form of official warnings and even legal action.
Pembatalan Surat Keputusan Bupati Oleh Penjabat Sementara Bupati Rumadan, Muhamad Rizki; Nirahua, Salmon Eliazer Marthen; Saija, Vica Jillyan Edsti
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 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.v2i1.13687

Abstract

The Validity of the Regent's Decree which was annulled by the Acting Regent, which of course is motivated by regulations and/or laws, especially law Number 30 of 2014 concerning Government Administration, which in scope also regulates the requirements for the validity of decisions which contain the elements the authority of administrative officials or state administration officials of reviewed in terms of authority. Procedures and also the subtance of the objeckt of the decisions, as well as looking at the legal consequences of canceling decisions made by the acting Regent. This writing discusses two issues, namely: 1). Can the acting regent be able to cancel the Regent's Decree. 2). What are the legal consequences of the cancellation of the Regent's Decree by the Acting Regent.
Pembatalan Sertipikat Hak Milik Atas Tanah Oleh Peradilan Tata Usaha Negara Di Pengadilan Tata Usaha Negara Palembang Baranyanan, Soeleman Djaiz
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 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.v2i1.14044

Abstract

This article examines legal issues, namely the cancellation of certificates of ownership of land in order to achieve legal certainty (Inkracht) and its implementation. The legal basis used is Law Number 5 of 1986 and SEMA No. 2 of 1991, concerning PTUN. Where the Decision at the Cassation level of the Supreme Court of the Republic of Indonesia Number 384 K/TUN/2013 in the name of Megawaty Delvin Tandiari (Plaintiff) is firm and clear in the main case as the party who won and was granted the Plaintiff's lawsuit, ordering the Head of the Land Office (Kakantah) to carry out the revocation , cancel the certificate of Land Ownership Decree, in the name of M. Riduwan Thamrin (Defendant), Number 1657/Kelurahan 20 Ilir D II Measurement Letter Number 34/20 Ilir D II/2012 dated 26 June 2012 Kemuning District covering an area of ​​750 M2, Basis The law used is the Basic Agrarian Law (UUPA), Law Number 3 of 2011 Regulation of the Head of the National Land Agency (PKBPN), provisions of Government Regulation no. 9 of 1999 and Regulation of the Head of BPN no. 11 of 2016, concerning the implementation of Administrative Court decisions State by BPN. And the execution of decisions is regulated in HAPTUN (vide article 116 paragraph 1-2 of Law no. 5 of 1986). This research uses the theory of legal protection and justice. And the Contrario Actus principle means that the issuing official has the authority to issue a decision and also has the authority to revoke the decision issued. This type of thesis research is normative legal research and field research, which uses analytical, legislative and field research approaches. Efforts to minimize the occurrence of object disputes due to the existence of two certificates on the same plot of land, by complying with applicable regulations and good cooperation between agencies to deepen knowledge in the field of law and increase discipline in the National Land Agency (BPN) Office system. The legal concept in the future must be more firm in providing sanctions if there are individuals who seek profit so that legal objectives can be achieved, namely legal certainty regarding the status of ownership rights, and the purpose of land registration is to obtain the legal status of the land, with cancellation the legal status of the land will be lost.
Legalitas Pemberhentian Ketua Badan Permusyaratan Desa Oleh Kepala Desa Rumalean, Suwardi; Pattinasarany, Yohanes; Matitaputty, Merlien Irene
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.v2i2.11573

Abstract

The Village Government carries out various village government activities which are contained in the statutory regulations. This research aims to find out and analyze whether the action of dismissing the Chair of the Village Consultative Body by the Village Head is not legal. To find out and analyze the impact and legal consequences that occur regarding the actions of the Village Head who do not have legality in dismissing the Chair of the Village Consultative Body. This research includes normative juridical. 1. The results of the research are based on Articles 12, 14, 15, 17, 18, 19, 20, 21, 27, 28, 29, 30, 32, 33, 34, 35, 46, 47, Article 63 of Permendagri 110 of 2016 concerning Village Consultative Body, and Articles 55, 56, 58, 59 of Law Number 6 of 2014 concerning Villages, the village head does not have direct authority to dismiss members/leaders of the Village Consultative Body or appoint new members of the Village Consultative Body. So the dismissal of the Chairman of the Village Consultative Body carried out by the Village Head has no legality. The Legal Consequences if the action of dismissing the Chairman of the Village Consultative Body by the Village Head who does not have legality is null and void, as well as the Legal Consequences of the village head's legal action being declared null and void in the first place based on invalid authority and not fulfilling the provisions of the provisions which must be fulfilled in order for a village head's actions to be declared valid.
Tanggung Jawab Polisi Sebagai Penagih Hutang Alfons, Febriens Melfrens; Mustamu, Julista; Saija, Vica Jillyan Edsti
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.v2i2.12766

Abstract

This research discusses the responsibilities of the police as debt collectors, where legally, in carrying out their duties, the police must comply with the disciplinary rules for police officers, one of which is that they are prohibited from being debt collectors or protecting people who have debts, as stated in Article 5 letter (h) of the Regulations. Government Number 2 of 2003 concerning Disciplinary Regulations for Members of the National Police of the Republic of Indonesia states that police are prohibited from being debt collectors or protecting people who have debts. However, in one example of the case in South Buru, namely the cooperative case, Lisa Fano, in her interview, once used police services as a source of threats. in collecting debts and one of the Palamaria families also often uses the services of the police as collectors and protectors. In this case the borrower does not use the services of a collector but uses the services of the police so that they feel that with the police, it will be easy to carry out the collection. The problem taken in this research is whether the police are responsible as debt collectors and what are the legal consequences if the police become debt collectors. The research method used in researching and discussing this problem is normative juridical. The legal materials used are primary, secondary and tertiary legal materials. Research results Based on the duties of the police as contained in Law number 2 of 2002, the police are not authorized to collect debts then the legal consequences for police who become debt collectors based on police regulation number 2 of 2003 can be subject to sanctions in the form of dishonorable dismissal, through The procedure is based on Regulation Number 2 of 2003, the legal consequences for the police are that they can be given heavy sanctions, namely dishonorable dismissal.

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