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Muhammad Irham
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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 38 Documents
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Eksistensi Hospital by Law Pasca UndangUndang 17 Tahun 2023 Tentang Kesehatan Gustafianof, Gustafianof
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.20982

Abstract

Another change in the administration of hospitals today is the development of the function of hospitals, which previously only provided health services, to become broader based on Law Number 17 of 2023 concerning Health. Article 197 of the Health Law provides for the expansion of health human resources into Medical Personnel, Health Personnel and Health Support or Support Personnel. The addition of health human resources in the form of Supporting Personnel or Health Support can be interpreted as part of encouraging the implementation of the development of hospital functions as intended in Article 184 paragraph (3) of the Health Law. The presence of non-medical health human resources (medical personnel and health workers) will strengthen the function of hospitals now and in the future. Through normative legal research and approaches to written legislation, and other written legal materials, the results were obtained that the preparation of hospital bylaws does not only contain corporate bylaws and medical staff bylaws, but must also be adapted to developments in the orientation, function and form of hospital services after the enactment of the Health Law.
Inkonsistensi Putusan Mahkamah Konstitusi dalam Memutus Perpanjangan Masa Jabatan Ketua Komisi Pemberantasan Korupsi Siletty, Yondri; Irham, Muhammad; Soplanit, Miracle
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.14719

Abstract

The Constitutional Court or hereinafter abbreviated as MK is one of the judicial institutions that has a very important role in guarding and maintaining the constitution. To carry out this role, MK has the authority to conduct judicial review in the form of testing a law to ensure that the law formed by the legislator does not conflict with higher norms, namely the Constitution. However, in exercising this authority, MK in several of its decisions often causes polemics in the community due to the inconsistency of decisions experienced by the court in deciding similar cases. As in the case of testing the institutional term of office, which has been tested several times to MK but has different verdicts, where the majority of the MK decisions consistently reject and do not grant the applicant's request in this type of case, but on the other hand there are MK decisions that grant the applicant's request to extend the existing term of office, such as MK Decision Number 112/PUU-XX/2022 which extends the term of office of the leadership of the KPK from 4 to 5 years. This writing uses a Normative Juridical research type, with a statutory approach, conceptual approach. This research shows that the MK has experienced inconsistency in its stance when compared to several similar MK decisions that have examined the issue of the term of office of other independent institutions and that the Decision a quo has given rise to the meaning of existing legal consequences.
Penjaminan Aset Daerah Oleh Pejabat Mual, Dedi; Tjiptabudi, Jantje; Kuahaty, Sarah Selfina
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.15736

Abstract

Management of regional assets is the responsibility of regional officials. Law Number 23 of 2014 mandates regional governments to manage assets based on the principle of regional autonomy. In the case of Bupati Kepulauan Meranti, Muhammad Adil, who is suspected of mortgaging regional assets in the form of the regent's office building to a bank, Article 4 of Ministerial Regulation Number 19 of 2016 states that "Regional Owned Goods may not be mortgaged or pledged to obtain loans, nor may they be transferred to another party as payment for invoices to the regional government, and cannot be seized, in accordance with applicable regulations." The research method used is a normative legal research type with a legal approach. Legal materials used include primary, secondary, and tertiary legal materials obtained through literature study. The legal materials collected are then processed and analyzed using qualitative techniques to answer research questions. Regional officials have authority based on Law Number 32 of 2004. They can secure assets such as land, buildings, and vehicles through attribution, delegation, and mandate approaches. However, it is important to note that regional officials mortgaging regional assets, as regulated in Article 4 of Ministerial Regulation Number 19 of 2016, must be avoided to prevent violations that can result in legal and financial consequences. The Legal Consequences of Regional Asset Guarantee Actions by Officials are categorized as acts against government law because guaranteeing assets by regional officials contradicts regulations as stipulated in Ministerial Regulation No. 19 of 2016, which can lead to legal and financial consequences.
Kewenangan Melakukan Pengawasan Pembagunan Kontruksi Speed Bump Pada Jalan Tanda, Nunung Ramadan; Pattinasarany, Yohanes; Nirahua, Garciano
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.18090

Abstract

The construction of speed bumps regulated in the Regulation of the Minister of Transportation Number 14 of 2021 concerning Amendments to the Regulation of the Minister of Transportation Number 82 of 2018 concerning Road User Control and Safety Devices, this supervisory authority is carried out to ensure that the construction of speed bumps is in accordance with the technical standards set out in the regulations. However, the construction of speed bumps is not in accordance with the regulations, making it difficult for motorized vehicle drivers to drive. For this reason, this paper examines 2 issues, namely which institution has the authority to supervise the construction of speed bumps on roads, how to supervise the construction of speed bumps on roads in Ambon City. Research method used is normative juridical, using a legislative approach, a conceptual approach, and a case approach. The law used is decision studies, journals, and internet media. The results of the study show that supervision of the construction and installation of speed bumps is the responsibility of several related institutions, depending on the location and type of road concerned. The local government, through the public works department or transportation department, has the authority to regulate and supervise the construction of speed bumps on local and regional roads. The installation of speed bumps must comply with the provisions stipulated in the Regulation of the Minister of Transportation Number 82 of 2018 concerning road user control and safety devices. Speed ​​bumps that do not meet the provisions can be subject to criminal sanctions. Therefore, the importance of supervision from the authorized institution to supervise speed bumps is the transportation department, which must obtain permission from the local transportation department.
Perlindungan Hukum Terhadap Masyarakat Adat dalam Pemberian Izin Penugasan Survey Pendahuluan dan Eksplorasi Panas Bumi Lating, Muhaimin Qadri; Mustamu, Julista; Holle, Erick Stenly
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.18129

Abstract

The issuance of Preliminary Survey and Exploration Assignment (PSPE) permits for geothermal energy often triggers agrarian conflicts with indigenous communities, as seen in the case of Wapsalit Village, Lolong Guba District, Buru Regency. This study analyzes the validity of the PSPE permit granted to PT. Ormat Geothermal Indonesia (PT. OGI) and its legal implications for the rights of indigenous communities. The research employs a juridical-normative legal method. The findings indicate that the issued PSPE permit is not entirely valid procedurally and neglects the rights of indigenous communities. PT. OGI failed to resolve land use issues in accordance with applicable regulations and did not adequately involve the community in socialization efforts. Consequently, the constitutional rights of indigenous communities over their territories were violated, and PT. OGI may be subject to administrative sanctions. The implementation of the Free, Prior, and Informed Consent (FPIC) principle, along with enhanced supervision and sanctions for violators, is essential to ensuring more effective legal protection for indigenous communities.
Problematika Hukum Pengangkatan Kepala Ohoi Temorubun, Etmundus Eloresky; Bakarbessy, Andress Deny; Tita, Heillen Martha Yosephine
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.20813

Abstract

The appointment of the Head of Ohoi in Southeast Maluku Regency is regulated by Southeast Maluku Regency Regional Regulation Number 3 of 2009 concerning Ratshap and Ohoi. At the same time, in accordance with tradition, the appointment of the Head of Ohoi is conducted after the results of the Riin (House of Eyes) deliberation. In practice, the appointment of the Head of Ohoi does not align with Positive Law and related Regional Regulations. The goal of this research is to examine and analyze the legal issues surrounding the appointment of the Head of Ohoi in Southeast Maluku Regency. The research method used is normative juridical, with a Case approach, a Conceptual approach, and a Statute Approach. Legal materials include primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the appointment of the Head of Ohoi in Southeast Maluku Regency is inconsistent with Regional Regulation No. 3 of 2009 concerning Ratshap and Ohoi and The customary law applies. The actions of the Regent of Southeast Maluku are considered procedurally flawed in the appointment because they are contrary to Regional Regulation No. 3 of 2009 concerning Ratshap and Ohoi. Therefore, the appointment process may be canceled.
Tanggung Jawab Pengusaha Terhadap Pekerja Upah Harian Solissa, Harold Imanuel; Pattipawae, Dezonda Rosiana; Matitaputty, Merlien Irene
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.21517

Abstract

Daily wage employment is a common form of employment, particularly in the informal and labor-intensive sectors. However, in practice, daily wage workers are often in a legally and economically vulnerable position. Uncertain employment status, minimal legal protection, and limited access to basic labor rights are fundamental issues. Therefore, it is important to examine the legal responsibilities of employers towards daily wage workers. Based on the description above, the issues to be discussed are: what are the forms of employer responsibility towards daily wage workers and what are the legal consequences if employers fail to pay daily wage workers. The method used to analyze and discuss this issue is normative. The results of this study indicate that, legally, employers have an obligation to guarantee the rights of daily wage workers, including providing a living wage, occupational safety and health, working hours according to regulations, and participation in social security programs. However, in practice, many employers still fail to fulfill these obligations optimally due to weak supervision, poor legal understanding, and a lack of enforcement of sanctions. Therefore, it is necessary to strengthen the labor inspection system, increase legal education for employers and workers, and update policies that are more responsive to the protection of daily workers.
Pengawasan Pemerintah Daerah Provinsi Terhadap Kapal Ikan Dan Nelayan Tradisional Di Kabupaten Kepulauan Aru Rumra, Salahudin Alfa Rizky; Nendissa, Renny Heronia; Baranyanan, Soeleman Djaiz
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 2025 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.v3i2.23024

Abstract

This research aims to analyze the form, legal basis, and effectiveness of the supervision conducted by the Regional Government of the Aru Islands Regency over the management of traditional fisheries in coastal and local marine areas. The focus of the study is directed toward the scope of regional authority within the context of decentralization as regulated under Law Number 23 of 2014 on Regional Government and Law Number 31 of 2004 on Fisheries, as amended by Law Number 45 of 2009. The research employs a normative-juridical method, complemented by statutory, conceptual, and empirical approaches, through interviews with officials of the Department of Marine Affairs and Fisheries, field supervision officers, and traditional fishermen. The findings indicate that the authority of the Aru Islands Regency Government in supervising traditional fisheries encompasses functions of guidance, supervision, and community empowerment, as stipulated in Articles 65 and 66 of the Fisheries Law, Articles 39 to 40 of Government Regulation Number 27 of 2021, and Regulation of the Minister of Marine Affairs and Fisheries Number 48 of 2014. However, implementation remains constrained by several challenges, including limited human resources, weak inter-agency coordination, and the suboptimal role of community-based monitoring groups (Pokmaswas). This study emphasizes the importance of strengthening local supervisory institutions and integrating customary values into the governance of traditional fisheries to realize sustainable and equitable management of marine resources.

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