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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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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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Sanksi Terhadap Pelanggaran Izin Pengelolaan Sampah Pintubatu, Meyliana; Salmon, Hendrik; Pattipawae, Dezonda Rosiana
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.v4i1.1911

Abstract

Increasing population and increasing community life activities in Ambon City, which results in more and more waste generation. The increase in the volume of waste is directly proportional to the increase in population. Waste management still relies on the final approach, namely waste is collected, transported and disposed of to the final processing site.Based on the description above, the issues that will be discussed are how to apply sanctions to violations of waste management permits and what are the legal consequences if sanctions are not applied to violations of waste management permits. The research used in this paper is normative legal research.The results of the research show that the government issued a Waste Management Law, in the law it states that everyone who carries out waste management business activities must have a permit from the local government. The Regional Regulation explains that everyone who carries out waste management business activities must have a permit from the regional head according to their authority. Law Number 18 of 2008 concerning Waste Management Article 17 paragraph (1), (2), (3). Ambon Mayor Regulation Number 39 of 2018 concerning Enforcement of Administrative Sanctions Against the Granting of Waste Management Permits. Article 2 paragraph (1). Regional Regulation Number 11 of 2015 concerning Waste Management Article 32 (1), (2), (3). The Ambon City Government issued Ambon Mayor Regulation Number 39 of 2018. As in the General Hospital in Tulehu and Siloam Hospital. The permit granted to Siloam Ambon Hospital for waste management seems to have not been implemented properly in accordance with the existing permit, there is a violation in the waste disposal process where waste originating from the hospital is dumped into the sea. Meanwhile, the General Hospital in Tulehu disposes of waste carelessly.
Keabsahaan Pengangkatan Kepala Pemerintahan Negeri Lisabata Timur Kabupaten Maluku Tengah Tomalima, Ilham Agus; Nendissa, Renny Heronia; Lainsamputty, Natanel
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.v4i1.1910

Abstract

The village government system in Maluku in the customary regime is known as State government and generally applies to Ambon Island and Central Maluku Regency. State government is the basis of indigenous peoples and has clear land and sea territorial boundaries called petuanan country, and a government system that is genealogical or based on lineage. The term Negeri does not come from the native language of this area or "the language of the land". A country is a territorial alliance consisting of several sub-districts, which are generally at least three. Currently, the composition of the government of the territory of the country is the territory that forms the country. Underneath there are soa areas which are formed from several old houses as genealogical alliances.This research method is descriptive, namely to describe, find legal facts as a whole and examine systematically related to the arrangement for the appointment of the head of government of the State of East Lisabata and examine whether the appointment process is in accordance with applicable regulations. The conceptual approach is used to research and search for new legal concepts. Information was collected from various literatures to obtain legal instruments and relative research sources.It is hoped that the results of this research in the future, related to the election mechanism/procedure and the appointment of the East Lisabata State Government Head, can be carried out properly and correctly in accordance with the provisions of the Central Maluku Kanupaten Government Regulation Number 03 of 2006 concerning Procedures for Nomination, Election, and inauguration of the Head of State Government and existing legislation. The East Lisabata Indigenous Peoples Unit also needs to pay attention to rational considerations about the quality of the candidate they choose, both the moral, emotional, social, and intellectual qualities of the Candidate for Head of State Government to be nominated.
Rangkap Jabatan Menteri Sebagai Pimpinan Partau Politik Dalam Sistem Ketatanegaraan Di Indonesia Panigfat, Ibnu Arradzie; Pietersz, Jemmy Jefry; Nirahua, Garciano
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.v4i1.1686

Abstract

According to Law Number 39 of 2008 concerning State Ministries, Article 23 to be precise states that ministers are prohibited from holding concurrent positions if the position in question is as another state official or being the head of an organization financed by the State Revenue Budget/Regional Revenue Budget. The problem that then arises is that there have been several cases of ministers holding concurrent positions as leaders of political parties. So this clearly violates the regulations regarding ministers who are prohibited from holding concurrent positions. For this reason, the implementation of the practice of holding multiple positions by ministers as leaders of political parties is not in accordance with Law Number 39 of 2008.The purpose of this study is to find out and analyze concurrent positions in accordance with the rules and regulations carried out by ministers and to find out and analyze the legal consequences of multiple ministerial positions as leaders of political parties. The research used in this writing is normative legal research.The results of this study explain that the concurrent positions carried out by the minister are in conflict with laws and regulations which have ignored Article 23 of Law Number 39 of 2008 regarding the prohibition of concurrent ministerial positions, and the legal consequences of concurrent ministerial positions as leaders of political parties will be dismissed based on President's prerogative for ministers who hold concurrent positions.
Implementasi Pengenaan Tarif Progresif Terhadap Wajib Pajak Kendaraan Bermotor Atapary, Febrian; Alfons, Saartje Sarah; Tita, Heillen Martha Yosephine
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.v3i2.1620

Abstract

Introduction: Tax is a people's contribution to the State based on the law, so that it can be enforced, where the Taxpayer does not get a direct counter-achievement. The constitutional basis of the obligation to pay taxes is regulated in Article 23A, the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945. Dues from the people to the State, as a form of participation as well as contributions from citizens to the State.Purpose of Writing/Research: This study aims to determine the basis of imposition of Motor Vehicle Tax for Motor Vehicle Taxpayers and to examine and analyze the legal consequences of implementing progressive rates for Motor Vehicle Taxpayers.Purposes of the Research:  This study aims to determine the basis for the imposition of Motor Vehicle Tax for Motor Vehicle Taxpayers and to examine and analyze the legal consequences of implementing progressive rates for Motor Vehicle Taxpayers.Results of the Research: The results showed evidence of payment of progressive vehicle tax. Taxpayers, progressive tax on motor vehicle tax is an individual who owns a motor vehicle. Article 6 paragraph (2) of Law Number 28 of 2009 concerning Regional Taxes and Regional Levies stipulates that a progressive tax is imposed on the ownership of private motorized vehicles, both two-wheeled and four-wheeled, based on the same name and/or address.
Keterbukaan Dan Akuntabilitas Dalam Penyelenggaraan Pemerintahan Desa Lermatang Kecamatan Tanimbar Selatan Kabupaten Kepulauan Tanimbar Bulohroy, Flora Tiabetris Celsa; Mustamu, Julista; Pattinasarany, Yohanes
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.v3i2.1619

Abstract

Introduction: Openness and Accountability are principles in the administration of government, including in the administration of village government, so that every government administrator, including the village government of Lermatang, South Tanimbar sub-district, Keulauan Tanimbar Regency, is obliged to apply the principles of openness and accountability in the process of Government Administration, Village Development, Community Development and Community Empowerment. In the explanation of Article 24 letter d of Law no. 6 of 2014 that Openness is a principle that opens itself to the right of the community to obtain correct, honest, and non-discriminatory information regarding the Implementation of Village Government by taking into account the provisions of the legislation. While accountability according to the explanation of Article 24 letter g of Law no. 6 of 2014 is the principle that determines that every activity and the final result of the implementation of Village Government activities must be accountable to the Village community in accordance with the provisions of the legislation. In the administration of village government, the village government as the organizer of the village government in carrying out the tasks and authorities given must be open and responsible for the actions or actions taken. However, the facts found are that the Lematang Village Government does not comply with the rules as mentioned above, and/or does not apply the Principles/Principles of Openness and Accountability in the Village Administration process.Purposes of the Research: To research and analyze the Implementation of Government in Lematang Village, South Tanimbar Tanimbar, Tanimbar Islands Regency, it is carried out in an open and accountable manner and the legal consequences for the Government in Lermatang Village, South Tanimbar District, Tanimbar Islands Regency if it is not open and accountable in the administration of government.Methods of the Research: The method used is a normative juridical research method using descriptive analysis of legal materialsResults of the Research:  The results of the study indicate that in the administration of government in the village of Lematang, South Tanimbar District, Tanimbar Regency, the Lematang village government does not apply openness and accountability in carrying out all government affairs that are under the authority of the village. Therefore, the legal consequence for the Lematang village government if it is not open and accountable in the administration of village government is that it should be subject to administrative sanctions (dismissal) from position as village head.
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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