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Yohanes Michael
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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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Jurnal Saniri
Published by Universitas Pattimura
ISSN : -     EISSN : 27741850     DOI : https://doi.org/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 50 Documents
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Keabsahan Surat Edaran Yang Muatan Materinya Bersifat Pengaturan Dan Sanksi Pattinasarany, Yohanes
Jurnal Saniri Vol. 3 No. 1 (2022): Volume 3 Nomor 1, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i1.1224

Abstract

Today's increasingly rapid development of government practices, the government often makes circular laws which are used as the legal basis for legalizing government actions or actions in certain areas of government affairs. However, the act of forming a circular letter in question sometimes creates legal problems because it is not in accordance with the nature of the circular letter in question because the material content of the circular letter is of a general regulatory nature and even contains legal sanctions. Even though the existence of a Circular Letter as part of a policy regulation that contains information or official notices that are technical guidelines in carrying out a government affair. The contents of a Circular Letter are organizational internal technical guidelines, which are different from Laws and Regulations which contain generally accepted regulatory material (into and outside the scope of the institution that makes it) and contain sanctions as a form of coercive power, so that if there is a circular letter whose material content is regulations and contains sanctions, the circular letter is considered to have no validity, because it is not in accordance with its nature, function and position.
Penataan Desa Adat di Kota Ambon (Legitimasi Status Negeri Secara Nasional) Lainsamputty, Natanel; Soplantila, Ronny; Nirahua, Graciano
Jurnal Saniri Vol. 3 No. 2 (2023): Volume 3 Nomor 2, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i2.1617

Abstract

Ambon City is the capital city in Maluku Province which has a customary law community unit called the Country, in the Village Law regulations it is obligatory to organize villages into traditional villages and villages. Determination of State in Ambon City with Regional Regulation No. 9 of 2017, if viewed from the applicable laws and regulations, the determination is not in accordance with the applicable regulations, where there must be legitimacy through the code or the Traditional Village Register Number. According to the procedure, before the determination of customary villages and villages is carried out, it is necessary to determine the recognition and protection of customary law communities, because that is a requirement for being designated as a traditional village. The research method used in this paper is normative research with a statutory approach as data primary as well as by using concepts, theories as library materials which are secondary data to analyze the issue of determining the Traditional Village in Ambon City. The results of this study indicate that until now the status of the State in Ambon City is still unclear and must be adjusted to the applicable regulations.
Kompetensi Peradilan Tata Usaha Negara Dalam Memeriksa, Mengadili Dan Memutus Perkara Nomor: 26/G/2020/Ptun.Abn Gaspersz, Delvin; Pietersz, Jemmy Jefry; Pattipawae, Dezonda Rosiana
Jurnal Saniri Vol. 3 No. 2 (2023): Volume 3 Nomor 2, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i2.1616

Abstract

Introduction: The grace period for filing a lawsuit is conceptually aimed at ensuring legal certainty and government stability. The State Administrative Court in examining, adjudicating and deciding cases that have passed the grace period of 90 (ninety) days as regulated in Article 55 of Law Number 5 of 1986 The issues discussed are whether the State Administrative Court can accept the lawsuit which has passed the grace period and whether the State Administrative Court has the authority to examine, hear and decide on cases Number: 26/G/2020/PTUN.ABN.Purposes of the Research: provide academic input for the development of legal science, especially in the field of Constitutional Law, State Administrative Law related to the PTUN's Competence in Examining, Judging and Deciding Cases Number: 26/G/2020/PTUN.ABNMethods of the Research:  This research uses normative legal research, case approach, statutory approach and concept approach, primary, secondary and tertiary legal materials, legal material procedures using primary legal materials which are then linked to secondary legal materials and processing and analysis of legal materials using qualitative descriptive analysis.Results of the Research: The results of the study indicate that the competence of the State Administrative Court in examining, adjudicating and deciding cases that have passed the grace period is not the authority of the State Administrative Court. The period of 90 (ninety) days to file a lawsuit to the State Administrative Court (PTUN) plays a very important role, because if the period is lapsed, the State Administrative Decision (KTUN) cannot be contested anymore even if the KTUN issued by the agency or State Administration officials are not in accordance with applicable legal procedures
Tanggung Jawab Negara Dalam Pemenuhan Hak Hak Penganut Aliran Kepercayaan Iftitah, Wulan Ramadhani; Nirahua, Salmon Eliazer Marthen; Nendissa, Renny Heronia
Jurnal Saniri Vol. 2 No. 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1321

Abstract

Introduction: Constitutional Court Decision No. 97/PUU- XIV/2016 which gives recognition to adherents of a belief, with this decision the state guarantees the fulfillment of its constitutional rights but in its implementation there are still discriminatory actions against adherents of a belief. And it is clearly contrary to Article 29 (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: The method used in this paper is met. The method used in this paper is the normative research method. The research method is normative.Methods of the Research: The method used in this paper is a normative research method. Results / Findings / Novelty of the Research: From this writing, it is found that the implementation of constitutional rights to adherents of a belief has not been carried out so well, which still requires regulation, attention, and legal certainty from the government as the executor of state responsibility.
Pemenuhan Hak Masyarakat Atas Pencetakan Kartu Tanda Penduduk Elektronik di Kota Ambon Tomasila, Sindi Marlen; Saptenno, Marthinus Johanes; Holle, Eric Stenly
Jurnal Saniri Vol. 2 No. 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1320

Abstract

Introduction: Good public service is the right and hope of every citizen and resident. Especially to apply the concept of good governance in Indonesia, one of the strategic choices is through the implementation of public services in order to form good governance. However, in its implementation there are still public services that are not in accordance with public service standards so that it has implications for the occurrence of maladministration actions that can cause harm to the community. One of them is the uncertainty of time in the service process.Purposes of the Research:  The purpose of writing this thesis is to find out and analyze the 30 (thirty) minute period of service standards for making Electronic Identity Cards (e-KTP) that are not met, categorized as maladministration and legal remedies if the time period according to the service standards is not met.Methods of the Research: The type of research used in this research is normative legal research, namely legal research conducted by examining library materials or secondary materials consisting of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results / Findings / Novelty of the Research: The results and discussion show that the 30 (thirty) minute period of completion of the e-KTP printing service at the Ambon City Population and Civil Registration Office in 2019 to early 2022 was not carried out in accordance with the contents of service standards with the constraints of limited e-KTP printing machines, the lack of officers in the e-KTP printing section and the lack of e-KTP forms per day which are not proportional to the number of people who will print e-KTPs, resulting in time uncertainty and work delays which have an impact on service discrimination. to get fast service. This action certainly deviates from administrative ethics which is referred to as maladministration. Seeing this, the construction of legal liability for maladministration acts carried out by public service providers needs to be reviewed, because the sanctions imposed have not been able to prevent maladministration actions that occur.
Peranan Kepala Persekutuan Hukum Adat Sebagai Mediator Di Negeri Hutumuri Dalam Penyelesaian Sengketa Jual Beli Tanah Dati Waelaruno, Glen Jantje; Mustamu, Julista; Matitaputty, Marlien Irene
Jurnal Saniri Vol. 2 No. 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1319

Abstract

Introduction: The presence of Law Number 30 of 2014 concerning Government Administration which consists of 89 articles is intended to create an orderly administration of Government Administration, create legal certainty, prevent abuse of authority, ensure the accountability of Government Agencies and/or Officials, provide legal protection to citizens and the apparatus. the government implements the provisions of laws and regulations and applies the General Principles of Good Governance (AUPB), and provides the best possible service to the citizens. the concept of the rule of law, the concept of state institutions and government institutions, the concept of authority and the concept of good government. Purposes of the Research: This study aims to describe APIP's authority in the PDAM corruption case in Saumlaki and to find out the legal consequences of the abuse of authority by APIP in the PDAM corruption case in Saumlaki.Methods of the Research : This method used is a normative juridical, with a statutory approach and a conceptual approach, and uses the concept of the rule of law, the concept of state institutions and government institutions, the concept of authority and the concept of good government.Results/Findings/Novelty of the Research: The results of the study show that there are several criteria in determining state losses, if the case is simple, the determination of the value of state losses is carried out by the Prosecutor's Office itself. On the other hand, if the case needs an in-depth audit, the Attorney General's Office will coordinate with the Supreme Audit Agency. The statutory statement does not clearly state the name of the institution that is authorized to declare the value of state losses, so there is uncertainty when determining the institution as the auditor for state losses of BPK/BPKP.
Pengelolaan Wilayah Pesisir Dan Pulau-Pulau Terhadap Masalah Tata Ruang Kota Ambon Djuna, Kartika; Tjiptabudy, J; Lekipiouw, S Halmes
Jurnal Saniri Vol. 2 No. 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1318

Abstract

The construction of the Siloam Hospital by reclaming a small liver area which is a geological protected area has an impact on damage to mangrove areas and sedimentation, thus making several areas in the Lateri area as well as Passo in Baguala District frequent tidal floods during high tide. Mangrove forests in areas in Ambon City are now critical. In the Ambon City Regional Regulation No. 24 of 2012 concerning the Ambon City Regional Spatial Plan (RTRW) in 2011-2031, does not allow reclamation in the Hative Kecil Beach area. invitation and legal consequences of spatial management in Ambon City. The method used is a normative legal research method. The results and discussion show that the Layout in Ambon City is in accordance with the laws and regulations. As regulated in regional regulation Number 24 of 2014 concerning the Regional Spatial Plan (RTRW) of Ambon City from 2011 to 2031, it is in line with Law Number 26 of 2007 concerning Spatial Planning. The RTRW of Ambon City has contained substances including the determination of spatial zones with controlling space utilization carried out by licensing, giving intensive and disincentives as well as the introduction of sanctions and spatial planning in Ambon city that is not in accordance with the Ambon City RTRW. Based on the assessment of the Regional Development Planning Agency (Bappeda) in 2017 that there was a space utilization deviation of 47.5%. The legal consequence is that the form of licensing that is not in accordance with the regional spatial plan is canceled by the government in accordance with its authority.
Kekuatan Hukum Terhadap Pejabat Tata Usaha Negara Yang Tidak Menjalankan Putusan Pengadilan Tata Usaha Negara Hayoto, Muhammad Rifandi; Alfons, Saartje Sarah; Pattipawae, Dezonda Rosiana
Jurnal Saniri Vol. 2 No. 2 (2022): Volume 2 Nomor 2, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v2i2.1317

Abstract

Introduction: The 1945 Constitution of the Republic of Indonesia (hereinafter abbreviated to the 1945 Constitution of the Republic of Indonesia), Article 24 paragraph (1) states that "Judicial power is an independent power to administer justice to uphold law and justice" and paragraph (2) states that " Judicial power is exercised by a Supreme Court and judicial bodies under it in the general court environment, the religious court environment, the military court environment, the state administrative court environment, and by a Constitutional Court.Purposes of the Research: To find out and analyze the legal force of State Administrative Officials who do not carry out the Decisions of the State Administrative Court.Methods of the Research: This research is a normative legal research with analytical descriptive nature. This research is intended to obtain normative clarity by identifying and analyzing the application of sanctions against State Administrative Officials who do not implement the Decisions of the State Administrative Court with permanent legal force.Results / Findings / Novelty of the Research: The results of this study indicate that the weak implementation of State Administrative Court Decisions is due to the absence of an executorial institution and coercive power in implementing State Administrative Court Decisions, so that the implementation of State Administrative Court Decisions depends on the awareness and initiative of State Administrative Officials.
Tanggung Jawab Pemerintah Dan Pengusaha Atas Perlindungan Hukum Ketenagakerjaan Terhadap Pekerja Kecelakaan Kerja Pattipawae, Dezonda R
Jurnal Saniri Vol. 3 No. 1 (2022): Volume 3 Nomor 1, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i1.1225

Abstract

The form of labor protection in Indonesia that must be carried out by every employer or company that employs people to work for the company must be very considered, namely regarding the maintenance and improvement of welfare in the purpose of being held in the form of social security of labor that is general to be implemented or basic, based on joint efforts, family and kegotong royongan as which is listed in the soul and The spirit of Pancasila and the Constitution of the Republic of Indonesia in 1945.The responsibility of employers in the protection of workers is contained in Article 87 paragraph (1) Law No. 13 of 2003 on Employment (State Gazette of the Republic of Indonesia year 2003 Number 39, Supplement to State Gazette of the Republic of Indonesia Number 4279), which affirms that "Every company shall implement a occupational safety and health management system integrated with the company's management system"The protection of labor is intended to guarantee the basic rights of workers and ensure equality and treatment without discrimination on any basis to realize the welfare of workers and their families while keeping in mind the development of the progress of the business world and the interests of employers.
Pengelolaan Wilayah Pesisir Dalam Tanggungjawab Masyarakat Adat Piris, Hendry John
Jurnal Saniri Vol. 3 No. 2 (2023): Volume 3 Nomor 2, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i2.1618

Abstract

The potential for natural resources in coastal areas is very abundant starting from the coast, plains, affecting the lives of coastal communities. Of course, the synergy of nature and arts and culture is closely related to the social and economic life of the local community. Efforts to maintain the harmonization of nature and cultural arts of coastal communities.The research method in this writing uses the type of normative juridical research, which is carried out based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to this research. The procedure for collecting legal materials uses library research, the library as a means to obtain primary legal materials and secondary legal materials, then the legal materials are collected and analyzed. Legal material analysis techniques in this study used descriptive analysis techniques.The state and the rules have guaranteed indigenous peoples to their natural environment to ensure the sustainability of the environment from generation to generation, without any prohibitions for people to use the environment as a source of livelihood. The wisdom of indigenous peoples with customs that have been formed and intertwined from generation to generation will guarantee the preservation of the environment and territory as a priority place and a necessity of life. The existence and role of indigenous peoples in efforts to protect and manage the environment will have an impact on the indigenous peoples themselves and the protection of their territories.

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