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Ronny Soplantila
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Faculty of Law, Universitas Pattimura. Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia. Tel./Fax : 62-911-3825203 / 62-911-3825204
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INDONESIA
Jurnal Saniri
Published by Universitas Pattimura
ISSN : -     EISSN : 27741850     DOI : 10.47268/saniri
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Saniri adalah jurnal peer-review. Tujuan dari jurnal ini adalah untuk memberikan wadah bagi akademisi, peneliti, dan praktisi untuk menerbitkan artikel penelitian asli atau artikel review. Jurnal ini menyediakan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. Jurnal Saniri tersedia dalam versi online.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025" : 5 Documents clear
Pengawasan Pemerintah Daerah Terhadap Penjualan Rokok Eceran Lain, Haryani; Nendissa, Renny Heronia; Soplanit, Miracle
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3169

Abstract

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.
Rekomendasi Badan Pengawas Pemilihan Umum Kepada Komisi Pemilihan Umum Dalam Menangani Pelanggaran Pemilu Pasca Penetapan Hasil Perolehan Suara Secara Nasional Baljanan, Gilbert Marc; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3165

Abstract

Election administration violations, based on article 460 of the Election Law, Bawaslu has a maximum working time of 14 days to issue recommendations or decisions. Bawaslu's recommendations must be followed up by the KPU by issuing a decision letter no later than 3 days, as explained in Article 462. This problem occurs when the national vote results have been determined, then any dispute that occurs becomes the domain of the Constitutional Court. However, if a violation of election administration is found or reported, it must be followed up and decided by Bawaslu because it is based on article 454 paragraph 6 of the Election Law. The problem discussed by the author is Bawaslu's recommendation to be followed up by the KPU to change the determination of vote acquisition and the legal consequences that will be given if Bawaslu's recommendation is not followed up by the KPU.This writing uses a normative juridical research type, with a statutory regulation approach, a conceptual approach and a case approach.The research results show that regarding the legal force of Bawaslu's recommendation to change the vote tally, Bawaslu certainly has that legal force, because it is not legally prohibited. In connection with the follow-up to Bawaslu's recommendations to the KPU regarding violations of election administration, if the recommendations given by Bawaslu are not followed up by the KPU, they will be faced with various consequences, namely that the KPU can be reported by Bawaslu because it is related to the election organizer's code of ethics.
Pemberian Hak Pengelolaan Kepada Desa Adat Dalam PP 18 Tahun 2021: Telaah Terhadap Teori Kemanfaatan Hukum Mahulette, Abraham Julius Albert; Laturette, Adonia Ivone; Pietersz, Jemmy Jefry
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3166

Abstract

A land title certificate is proof of legal control and/or ownership of a plot of land. Through land registration, it will provide certainty about who holds the rights to the land. The subjects of land rights are individuals and legal entities, including customary law community units (customary villages). Through PP 18 of 2021, management rights are defined as a type of right that can be attached to land within the control area of a traditional village (ulayat land) with the traditional village as the subject of the right. The issuance of management rights certificates in the name of traditional villages is expected to provide significant benefits in improving the welfare of traditional communities.The aim of this research is to examine and analyze the theory of legal benefit in the implementation of the granting of management rights to traditional villages in PP 18 of 2021. The research method used in this research is normative juridical or library legal research methods.The implementation provisions for granting management rights to traditional villages in PP 18 of 2021 based on the theory of legal benefit are only provisions on paper which have been successfully promulgated but cannot be implemented and do not bring benefits to traditional villages so the government must immediately review these arrangements.
Kekuatan Hukum Rekomendasi Badan Pengawas Pemilu Tentang Pemungutan Suara Ulang Pattipeilohy, Grisko Vinno; Rugebregt, Revency Vania; Tita, Heillen Martha Yosephine
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3167

Abstract

Based on its authority, General Election Supervisory Body's (BAWASLU) has issued recommendations for implementing re-voting at several polling stations in the February 14 2024 elections in Ambon City. In reality, the General Election Commission (KPU) as the organizer of the General Election did not implement these recommendations. The legal problem is the legal strength of the BAWASLU recommendations so that they are not executed by KPU.The method used in this research is normative juridical, with a model approach, legislation and conceptual approach, which is supported by several empirical approaches as supporting legal materials needed.Based on its authority BAWASLU is obliged to issue recommendations regarding the Re-Voting; that the legal consequence of not implementing the BAWASLU Recommendation is that the Recommendation is disqualified, and the KPU is referred to the Honorary Council, or to obtain justice the matter is followed up with legal action in court
Pengawasan Pemerintah Daerah Terhadap Kerusakan Lingkungan Hidup Wailissa, Syahril; Saptenno, Martinus Johanes; Holle, Eric Stenly
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3168

Abstract

In Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 23 of 2014 concerning Regional Government, it is emphasized that regional governments have an obligation to carry out supervision to prevent environmental damage. This study examines the case of weak regional government supervision of garnet sand mining activities in Negeri Haya, Central Maluku Regency, which caused coastal abrasion and damage to coastal ecosystems.The research method used is normative legal research with a legislative approach and a conceptual approach. The sources of legal materials consist of primary and secondary legal materials, with collection techniques through literature studies.Based on the results of the study, it was found that weak supervision of the Regional Government has a serious impact on the environment and community welfare, so that capacity building, strengthening of the supervisory function, and stricter law enforcement at the regional level are needed

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