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<![CDATA[Implikasi Putusan Mahkamah Konstitusi No 91/PUU-XXVIII/2020 Terhadap Pemenuhan Hak Pekerja Waktu Tertentu ]]>
<![CDATA[Soplantila, Ronny]]>
<![CDATA[ Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v3i1.1223
<![CDATA[After the enactment of Law No. 11 of 2020 Concerning Job Creation, there are several changes regarding the provisions of work agreements for a certain time, including changes to the period, extension and renewal of work agreements and compensation money, the workers disagree and reject this so they submit a Judicial Review to the Constitutional Court. Finally it was granted by the Constitutional Court with the issuance of decision Number 91/PUU-XVIII/2020 which stated that the formation of a work copyright law does not have conditionally binding legal force as long as it does not make changes within 2 years or in other words this decision is conditionally unconstitutional. Of course this will have an impact on workers related to legal certainty and in particular for the guarantee of the fulfillment of rights for workers. This type of research is normative legal research using the approach of statutory regulations, legal principles and expert opinion. Special attention is needed from the government, in this case legislators, to immediately make changes to the Job Creation Law, where it is hoped that these changes can accommodate the aspirations of workers]]>
<![CDATA[Penetapan Pengakuan Dan Perlindungan Masyarakat Hukum Adat Di Kabupaten Maluku Tengah ]]>
<![CDATA[Lainsamputty, Natanel]]>
<![CDATA[ Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v3i1.1222
<![CDATA[Central Maluku Regency is the oldest district in Maluku Province which has a customary law community unit called the Negeri, in the regulation of the Village Law, it is mandatory to organize villages into villages and customary villages. 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 it is a requirement to be established as a customary village. The research method used in this paper is normative research with a statutory approach as primary data and also by using concepts, theories as library materials which are secondary data to analyze the problem of establishing the customary law community unit in Central Maluku. The results of this study indicate that until now there has not been a determination of the recognition and protection of indigenous peoples in Central Maluku, this also has an impact on the stipulation of the Negeri as a traditional village in Central Maluku]]>
<![CDATA[Politik Hukum Pemakzulan Presiden Di Indonesia ]]>
<![CDATA[Irham, Muhammad]]>;
<![CDATA[Soplanit, Miracle]]>
<![CDATA[ Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v3i1.1221
<![CDATA[The term of office of the President in a presidential system is a fixed term of five years and cannot be dropped during his term of office. The legal politics of the presidential impeachment process prior to the amendment of the 1945 Constitution did not have a clear mechanism to impeach the president. The impeachment of the president is determined by the procedures and political power in the People's Consultative Assembly (MPR). This is a problem in the presidential system, because there is no legal process for impeaching the president. After the amendment to the 1945 Constitution, the concept of impeachment of the president was based on the idea of a presidential system, where the president cannot be dismissed only through a political process, but there must be a legal process first. Therefore, this article will explain how the dynamics of legal politics in the process of regulating the impeachment of the president in Indonesia in the 1945 Constitution. The research method used is normative juridical. From the analysis that the author did, it was found that the political aspirations of the impeachment arrangement of the president want the dismissal of the president no longer based on political interests, but must go through legal reasons and through the legal process, as a form of embodiment of Indonesia as a legal state with a presidential government system.]]>
<![CDATA[MEMBANGUN PERADABAN PENDIDIKAN BERDASARKAN BUDAYA PANCASILA DI KABUPATEN KEPULAUAN ARU SEBAGAI BERANDA TERDEPAN NKRI MENYAMBUT INDUSTRI 4.0 ]]>
<![CDATA[Wattimena, Rovsky Asyer]]>
<![CDATA[ Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v1i1.436
<![CDATA[At the beginning of the development of civilization in the world, there were many transitions and changes in the ways in which civilization was realized. Among them are transactions of cultural values from one area to another, exchange of information, and the latest technological discoveries. So the current phenomenon is that the understanding of the general public, especially the student generation, has begun to forget the Pancasila culture. so that one way to be able to compete and succeed in sustainable development in this era of industrial revolution 4.0 is through education. Where there is a need for a renewal of re-planting the values and culture of Pancasila at every level of education from elementary school to college. As stated in Law Number 20 of 2003 concerning the National Education System, especially the explanation of Article 37 paragraph (1) that education is intended to shape students into human beings of faith, caution and good character so that it can give a new color to the national education system. about the values of Pancasila which should be actualized in the development of national education.]]>
<![CDATA[OMNIBUS LAW SEBAGAI ALTERNATIF PENYEMBUH OBESITAS REGULASI SEKTORAL ]]>
<![CDATA[Corputty, Patrick]]>
<![CDATA[ Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v1i1.435
<![CDATA[The condition of sectoral regulation in Indonesia has been obese, the problem of obese sectoral regulation will have an impact on the death of economic growth and development. The number of overlapping sectoral regulations needs serious attention from the government, by applying the concept of the omnibus law the condition of obesity regulation can be cured, the choice of the concept of the omnibus law can be done through legal codification, both on the law and various implementing regulations at the central level, so for a the field of law can be recorded in one integrated and integrated text. With the concept of the omnibus law, which rearranges sectoral regulations that overlap in one law in a comprehensive, comprehensive and simple manner. This study tries to see from the perspective of state administration law in the framework of clarifying the conditions of obesity in sectoral regulations in Indonesia, this study uses a normative juridical method, by analyzing secondary data in the form of laws and libraries related to sectoral regulations. The results of this study indicate that the sectoral regulatory conditions in Indonesia are obese and need to be addressed by applying the concept of the omnibus law]]>
<![CDATA[OMNIBUS LAW SEBAGAI STRATEGI PENATAAN REGULASI PERTANAHAN ]]>
<![CDATA[Lainsamputty, Natanel]]>;
<![CDATA[Soplantila, Ronny]]>;
<![CDATA[Hetharie, Yosia]]>
<![CDATA[ Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v1i1.434
<![CDATA[The Indonesian government has gone through government regimes ranging from the Old Order to the Reformation Order to date which also has an impact on statutory provisions including land policies which are constantly changing and causing overlapping of various regulations as one of the triggers for land conflicts. In order to overcome the overlapping issue of land regulations, a new breakthrough was born through the concept of the Omnibus Law from the government as a strategy and solution for structuring land regulations. Through the Omnibus Law concept, it is hoped that it can resolve land conflicts due to overlapping regulations quickly, precisely and efficiently, and can organize and harmonize various land regulations from the central to regional levels. With the effective and efficient arrangement of land regulations, it will support the improvement of the investment climate in Indonesia.]]>
<![CDATA[PEMUNGUTAN PAJAK BERULANG TERHADAP INSTANSI PENGGUNA JASA LAYANAN RESTORAN SEBAGAI PINTU MASUK BAGI KORUPSI HASIL PAJAK ]]>
<![CDATA[Tita, Heillen Martha Yosephine]]>
<![CDATA[ Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v1i1.433
<![CDATA[Recurring tax collection is a tax imposition process where the payment is made by the same party against the same tax object with different capacities and time. This act is more common in Restaurant service user agencies in the accountability of activities contained in theBudget Implementation Documen. In ist implementation, the process becomes an entry poit to corrupt practice of tax revenues, because there are indication of errors in the targets. This legal issue is assessed using the judicial normative type method with a statutory approach and conceptual approach,as well as collaborationg with the study of the concept of collection and collection, the concept of tax and restaurant tax and the concept of autorithy as an analysis tool.]]>
<![CDATA[PUTUSAN TATA USAHA NEGARA YANG MEMILIKI KEKUATAN EKSEKUTORIAL TIDAK DIPATUHI OLEH PEJABAT TATA USAHA NEGARA ]]>
<![CDATA[Pattipawae, Dezonda Rosiana]]>
<![CDATA[ Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v1i1.432
<![CDATA[The weak implementation of State Administrative Court Decisions is due to the absence of an executive institution and force to force in the implementation of State Administrative Court Decisions, so that the implementation of State Administrative Court Decisions depends on the awareness and initiative of the State Administration Officer. Article 116 paragraph (4) and paragraph (5) of Law Number 51 of 2009 concerning Second Amendment to Law Number 5 of 1986 concerning State Administrative Court, namely the imposition of sanctions for State Administration Officers who do not implement a decision that has the power permanent law in the form of forced payment of money (dwangsom) and/or administrative sanctions and publication in print media. Article 116 paragraph (6) concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court, besides the efforts stipulated in the previous law, also regulates reporting of disobedience of the State Administration Officer to implement the decision of the Administrative Court The country said to the President as the holder of the highest governmental authority and to the people's representative institutions to carry out the oversight function.]]>
<![CDATA[Penegakan Hukum Dalam Pemutusan Hubungan Kerja Ditingkat Tripartit ]]>
<![CDATA[Pardjer, Yolanda]]>;
<![CDATA[Pattipawae, Dezonda Rosiana]]>;
<![CDATA[Soplantila, Ronny]]>
<![CDATA[ Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v4i2.2176
<![CDATA[Termination of Work Relations at the Tripartite Level is not accompanied by collaboration between mediators and labor inspectors, the implementation of supervision, and the application of administrative sanctions which causes the absence of protection to the rights of workers/laborers. The method used in analyzing and discussing the problem is normative. The problem studied in this research is about the form of collaboration between mediators and labor inspectors in fulfilling law enforcement in the process of resolving industrial relations disputes between workers/laborers and employers through the tripartite level. As well as supervision and imposition of administrative sanctions to minimize violations that occur in the company, especially for the problem of termination of employment. The results show that the government through mediators and labor inspectors can collaborate with employers who terminate employment, as well as Law Enforcement through supervision and imposition of administrative sanctions on employers who terminate employment at the tripartite level.]]>
<![CDATA[Tanggung Jawab Pemerintah Daerah Terhadap Penggunaan Sepeda Listrik Di Kota Ambon ]]>
<![CDATA[Sabanari, Irnayanti]]>;
<![CDATA[Piris, Hendry John]]>;
<![CDATA[Tita, Heillen M Y]]>
<![CDATA[ Jurnal Saniri Vol 5, No 1 (2024): Volume 5 Nomor 1, November 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/saniri.v5i1.2515
<![CDATA[Technological development occurs in every field, one of which is the renewal from conventional bicycles to electric bicycles. Electric bicycles are regulated in Minister of Transportation Regulation Number PM 45 of 2020 concerning Certain Vehicles Using Electric Motor Drives. These regulations regulate the terms and conditions and routes for using electric bicycles. One of the provisions is that the user must be at least 12 years old, which is categorized as a child. Apart from that, what is regulated in the provisions for using electric bicycles is understanding and obeying traffic rules and using a helmet. However, in reality, electric bicycle users in Ambon City are not yet included in regional regulations]]>
