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INDONESIA
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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Netralitas Aparatur Sipil Negara Dalam Pemilihan Kepala Daerah Di Maluku Pattiruhu, Christian; Singkery, Michael Rolando
Jurnal Saniri Vol. 5 No. 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2514

Abstract

This study examines the neutrality of the State Civil Apparatus (ASN) in the context of local elections (Pilkada) in Maluku, Indonesia. Article 2 of Law No. 5 of 2014 on ASN stipulates that the implementation of ASN policies and management should be based on the principle of neutrality. Bureaucratic neutrality is a system where the quality of public service delivery remains consistent regardless of changes in leadership. This research explores the critical role of ASN neutrality in maintaining the integrity of public services and democratic processes. The study emphasizes the importance of ASN remaining impartial and free from political interventions, particularly during local elections. In the context of Pilkada in Maluku, this research investigates how ASN maintains distance from all political forces and refrains from practices of intimidation or threats towards other ASN employees and the public. The findings highlight the challenges and strategies in upholding ASN neutrality, contributing to the broader discourse on bureaucratic professionalism and the quality of local democracy in Indonesia. This study provides valuable insights for policymakers and practitioners in enhancing the neutrality and integrity of civil servants in the political landscape of Maluku and beyond.
Pengawasan Terhadap Alat Peraga Kampanye Dalam Penyelenggaraan Pemilu Nurlaili, Maulida Resti; Alfons, Saartje Sarah; Soplantila, Ronny
Jurnal Saniri Vol. 5 No. 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2513

Abstract

This article examines the implementation of supervision by the General Election Supervisory Agency (Bawaslu) in the 2024 Presidential and Vice Presidential Elections, especially in the implementation of the campaign. The campaign period in holding elections is one of the important stages in political contestation so it is vulnerable to violations, especially when its implementation involves many parties and the masses.  The campaign violations that often occur are administrative violations. Republic of Indonesia General Election Supervisory Agency Regulation Number 11 of 2023 concerning Supervision of General Election Campaigns. According to Law Number 7 of 2017 concerning General Elections, it is stated that general elections, hereinafter referred to as Elections, are a means of implementing people's sovereignty which is carried out directly, publicly, freely, confidentially, honestly and fairly in the Unitary State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia. Indonesia in 1945. In the implementation of elections, many violations were found. It is not surprising that the Central Bawaslu and Panwaslu in the regions have a lot of evidence of violations committed by election organizers, participants and implementers.The method used in this research is normative juridical using a statutory approach and a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials.Based on the results of this research, it shows that in carrying out supervision, the General Election Supervisory Body prevents violations and takes action against violations in synergy with supervision carried out at the district/city level. By focusing on the function of preventing violations, the General Election Supervisory Body prepares supervision plans based on potential vulnerabilities based on sub-stages and regions and intensively carries out outreach to the public and coordinates with stakeholders.  Meanwhile, in its enforcement function, the General Election Supervisory Body collaborates with the General Election Commission (KPU), the police and the prosecutor's office. The legal consequences for campaign violators are that they can be subject to administrative sanctions in the form of warnings and even removal of props. Sanctions include imprisonment for a minimum of 15 days or a maximum of 3 months and/or a fine of at least 100,000.00 (one hundred thousand rupiah), or a maximum of Rp. 1,000,000.00 (one million rupiah).
Pengawasan Pemerintah Terhadap Pekerja Anak Andries, Michelle Puteri; Rugebregt, Revency Vania; Nirahua, Garciano
Jurnal Saniri Vol. 5 No. 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2512

Abstract

Currently in Indonesia child labor is not a new issue because in almost all regions in Indonesia there are still many underage children working. but not in accordance with the regulations that have been made by the government, labor issues and child labor are problems that need serious attention, regulation and supervision from the government. This study aims to analyze the considerations that must be made by the government in overcoming the problem of child labor. The problems studied in this study are about how the form of government supervision of child labor and government supervision procedures for child labor. so that how the function of government supervision of child labor and how the government's responsibility for this and has the aim of examining and analyzing how government policies in protecting child labor are in accordance with the supervisory function, what factors influence the government's responsibility to increase efforts to protect child labor.The method used in analyzing and discussing the problem of Government Supervision of Child Labor is Normative Juridical. This type of research is descriptive-analytical, the sources of legal materials used are primary legal materials and secondary legal materials. research techniques are carried out through literature review followed by descriptive analysis using qualitative methods.The results show that the government has an important responsibility to protect child labor. What the government must consider is ensuring that there is effective supervision to protect child labor. The government also needs to implement clear policies and regulations to protect child labor. This includes developing regulations that provide protection and limit child laborers' access to hazardous industries, as well as providing protection and access to education and health..
Tanggung Jawab Gubernur Dalam Penanganan Konflik Sosial Pada Negeri Kariuw Dusun Ori Negeri Pelauw Kecamatan Pulau Haruku, Kabupaten Maluku Tengah Simamora, Raja Arthur; Salmon, Hendrik
Jurnal Saniri Vol. 4 No. 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2249

Abstract

Conflict in society certainly conflicts with the identity or identity of the Indonesian nation, namely unity in diversity, and conflict can even result in disruption of national and local stability and obstruction of national and regional development. The government has a responsibility to handle social conflicts so as to create a safe, peaceful, and peaceful community life. The governor's responsibility in handling the conflict between Kariuw State and Pelauw State is not only to prevent re-conflict but also to resolve the conflict at the root of the problem. This paper uses a normative research method, namely research that focuses on providing a systematic explanation that regulates a certain category. The problem approaches used as study material are the statutory approach and the conceptual approach. Collecting legal materials through primary legal materials is then linked to secondary legal materials. The results of the research show that the responsibility of the Governor of Maluku in handling social conflicts that occurred between Kariuw and Pelauw is part of handling social conflicts on a cross-district/city scale, through actions to prevent, stop, and select conflicts, but the Governor of Maluku does not take responsibility into account. This resulted in the Maluku Governor ignoring his legal obligations in handling the conflict. This results in the problem in question not being resolved at the root of the problem. Even though the conditions between Kariuw Country and Ori Hamlet are now calm, there is no conflict. However, a calm situation does not mean that the conflict between the two groups has been resolved to the root of the problem, because handling conflict between the two countries is not only about preventing re-conflict but also resolving the conflict at the root of the problem
Penegakan Sanksi Administrasi Terhadap pelanggaran Parkir Di Kota Ambon Peea, Stelward Excel; Mustamu, Julista; Saija, Vica Jilliyan Edsti
Jurnal Saniri Vol. 4 No. 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2179

Abstract

Illegal parking is a phenomenon in which the act of parking is done illegally or unofficially with unilateral recognition of the parking area. The purpose of this article is to find out and analyze sanctions and the application of sanctions against illegal parking in Ambon City. This research uses a Normative Juridical approach, in data collection the emphasis is on primary and secondary data sources, aimed at a case approach. Based on research regarding the application of administrative sanctions to illegal parking in the city of Ambon, it can be seen that the sanctions that can be used in handling illegal parking are punitive sanctions, which means that sanctions aimed at a violator are in the form of written warnings, revocation of certain permits, and administrative fines. The application of administrative sanctions for parking violations in Ambon City is still not enough to make Ambon City a city free of illegal parking, the sanctions applied by the Ambon City government have not had a deterrent effect on parking violators. This is due to a lack of supervision and control carried out by the authorities or the Ambon City Transportation Service.
Kewenangan Pemerintah Daerah Dalam Penertiban Penjualan Dana Pada Fasilitas Umum Leleury, Glenn Michael Pedro; Nendissa, Renny Heronia; Nirahua, Garciano
Jurnal Saniri Vol. 4 No. 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2178

Abstract

Regional governments have an important role in regulating and supervising activities related to public facilities in their area. PUB practices and the sale of funds are regulated at both national and regional levels. However, the problem from a regulatory perspective is that regulations governing PUB practices in public facilities are often unclear and even inadequate.The purpose of this research is to examine and analyze the authority of regional governments and what forms of control can be carried out by regional governments in controlling the sale of funds in public facility areas. With normative juridical research methods and the nature of descriptive analytical writing.The research results show that:1). The government has the authority to regulate the sale of funds at public facilities, further stated in Law no. 23 of 2014 Article 65 paragraph (1) states that regional heads have the task of "maintaining public peace and order". This means that the government has given authority to regional governments to carry out their respective regional affairs, including the maintenance of peace and public order. 2). The form of control carried out by regional governments to handle sales in public facilities is contained in Article 26 paragraph (2) of Minister of Social Affairs Regulation No. 8 of 2021, namely administrative sanctions and criminal sanctions. This includes strict supervision, setting up special zones, using certain regulations. The effectiveness of enforcement strategies varies depending on the context and characteristics of local communities.
Legitimasi Penetapan Status Negeri Di Kecamatan Teon, Nila, Serua, Kabupaten Maluku Tengah Sebagai Desa Adat Lelapary, Elfira; Bakarbessy, Andress Deny; Pattinasarany, Yohanes
Jurnal Saniri Vol. 4 No. 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2177

Abstract

      Even though it is recognized, the legitimacy of traditional village status is often a problem. The determination of countries as traditional villages without traditional territories or petuanan is as regulated in Article 97 of Law Number 6 of 2014 concerning Villages, that one of the requirements for establishing a traditional village is that the customary law community unit must have a territory or customary area. However, the regional government of Central Maluku Regency has designated the Negeris in the TNS sub-district as traditional villages but do not have territory or customary areas. There are two problem formulations that will be discussed in this paper, namely whether the determination of the status of the lands in Teon, Nila, Serua sub-districts, Central Maluku district has legitimacy as traditional villages without having customary territories?, and what are the legal consequences if the status of the lands in Teon, Nila, Serua sub-districts, Central Maluku district has legitimacy as a traditional village without having a traditional territory     Normative research was conducted to analyze the application of positive legal norms in traditional village legitimacy policies. The government's decision to legitimize the status of traditional villages is crucial to respecting the recognition and maintaining the identity of traditional villages, in accordance with existing norms.     The results of this research are that the determination of State status in Teon, Nila, Serua Districts, Central Maluku Regency does not have legitimacy so the result is null and void.
Pengaturan Penetapan Batas Pengelolaan Wilayah Laut Oleh Pemerintah Daerah Provinsi Maluku Lawalata, Carmel Rafaela; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
Jurnal Saniri Vol. 5 No. 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2516

Abstract

Article 27 and Article 28 of Law Number 23 of 2014 concerning Regional Government has given authority to provincial regions and provincial regions characterized by islands to manage natural resources in the sea in their territory. However, in its implementation, the Maluku Provincial Government has not yet established the Maluku Province Marine Area Management Boundary. Maluku Province is also a provincial area characterized by islands.The method used to analyze and discuss the problem is Normative Juridical. The problem studied in this research is the responsibility of the Regional Government of Maluku Province in determining the boundaries of the marine management area of Maluku Province and the legal consequences if Maluku Province does not determine its marine boundaries. The results showed that the responsibility of the Provincial Government in determining the boundaries of marine area management is regulated in Article 27 and Article 28 of Law Number 23 of 2014 concerning Regional Government. But in reality the authority has not been implemented by the Maluku Provincial Government. The legal consequences if the Maluku Provincial Government does not determine the boundaries of marine area management are the absence of legal certainty regarding the boundaries of marine area management as far as 12 (twelve) miles from Maluku Province and potentially regions bordering Maluku Province can issue permits to carry out management in marine areas that should belong to Maluku Province. sea area that should belong to Maluku Province.
Kewenangan Dan Tanggung Jawab Pemerintah Daerah Terhadap Penyediaan Prasarana Jalan Br Gurusinga, Ena Bina; Matitaputty, Merlien Irene
Jurnal Saniri Vol. 4 No. 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1913

Abstract

There is authority and responsibility of the goverment in provinding road infrastructure to ensure the fulfillment of road infrastructure as stipulated in article 5 of law number 22 of 2009. The issue being discussed is whether the goverment is responsible if road infrastructure is not availaibleProvide input academically in the development of constitutional law related to the government’s responsibility for the provision of road infrastructure in law number 22 of 2009.This research is a normative legal research, statute approach, conceptual approach, primary legal materials, and secondary legal materials. Primary legal materials are linked to secondary legal materials where the management and analysis of legal materials is carried out qualitatively. Research shows that there is government responsibility and authority for the provision of road infrastructure for the common interest in order to create prosperity.
Perlindungan Hukum Terhadap Anak Jalanan Di Kota Ambon Argubie, Jofan Junior; Mustamu, Julista; Soplantila, Ronny
Jurnal Saniri Vol. 4 No. 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1912

Abstract

Law Number 35 of 2014 concerning Child Protection guarantees and protects children and their rights to get fulfillment, including street children. In the Ambon City Regional Regulation Number 23 of 2017 article 1 Number 54 letter I states that the government is obliged to provide protection, one of which is for street children from all forms of violence and discrimination. However, in reality what happened, the government, in this case the city service, has not optimally provided protection for street children in fulfilling the rights of street children as a child. This writing aims to analyze and discuss forms of legal protection for street children in the city of Ambon The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The authority to supervise and protect street children in Ambon city is the responsibility of the city government, in this case the Ambon City Social Service in accordance with Ambon City Regional Regulation No. 23 of 2017 concerning the Implementation and Handling of People with Social Welfare Problems to provide supervision and protection, one of which is for street children in the city. ambon. The form of legal protection for street children in the city of Ambon is carried out in a repressive way where street children are given sanctions when raids are carried out on these street children who are then sent home without any other effort in fulfilling the rights of street children whose square is as a child. Thus the city government, in this case the social services, should make various efforts to help fulfill the rights of street children, one of which is facilitating street children in Ambon city by creating a music school for street children and accommodating them in places provided by the government to show their talents. .

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