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Ronny Soplantila
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ronnysoplantila@gmail.com
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081318880406
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jurnalsaniri@gmail.com
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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 45 Documents
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Tanggung Jawab Komisi Pemilihan Umum dalam Pemenuhan Hak Pilih Penyandang Disabilitas pada Pemilihan Umum di Indonesia Hamka, Oriza Satifa; Pattinasarany, Yohanes; Soplantila, Ronny
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3521

Abstract

The fulfillment of accessibility for persons with disabilities must be ensured in the electoral process. In reality, persons with disabilities still face accessibility challenges.This research aims to analyze the responsibility of the General Elections Commission regarding the failure to fulfill accessibility for persons with disabilities in the general election and to examine the legal consequences of failing to meet accessibility standards for persons with disabilities in the electoral process.The research methodology used is normative juridical research. The problem approach applied includes the statutory approach, the conceptual analysis approach, and the case approach. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques are conducted through library research, and the data is analyzed descriptively using a qualitative method. The research findings show that the General Election Commission is responsible for providing accessibility facilities for persons with disabilities in elections, such as ramps, accessible voting booths, and aids like Braille ballots and sign language services. The lack of fulfillment of these accessibility needs violates the constitutional and human rights of persons with disabilities, reflecting the negligence. This failure may result in administrative sanctions and legal claims from persons with disabilities
Tanggung Jawab Pemerintah Daerah Kota Ambon Dalam Penyediaan Tempat Pembuangan Sampah Berskala Reduce, Reuse Dan Recycle Di Kawasan Pemukiman Leiwakabessy, Daniella Christy; Rugebregt, Revency Vania; Tita, Heillen Martha Yosephine
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3520

Abstract

Various activities in residential areas of Ambon City generate waste that requires serious and sustainable management. In this regard, the authority of the Ambon City Government to procure 3R-scale (Reduce, Reuse, Recycle) waste bins has not been implemented in accordance with the provisions of the prevailing laws and regulations, even though such procurement is an essential requirement in addressing waste management problems within settlements. Based on this, the legal issue raised in this study concerns the responsibility of the Ambon City Regional Government in providing 3R-scale waste disposal facilities in residential areas.The purpose of this study is to analyze and examine the legal responsibility of the Ambon City Regional Government in carrying out its authority related to the provision of 3R-scale waste management facilities in residential areas, as well as to identify strategic measures that can be implemented to achieve sustainable waste management in accordance with environmental protection principles.This study employs a normative juridical method, which emphasizes the study of legal norms, legal principles, and the provisions of applicable laws and regulations. The analysis is based on primary and secondary legal materials, using both a statutory approach and a conceptual approach. Data were collected through library research and analyzed qualitatively to answer the problem formulation systematically and argumentatively.The results of this study indicate that the Ambon City Regional Government has not yet implemented the regulations related to waste management in accordance with established procedures. Residential areas within the jurisdiction of Ambon City still lack environmentally friendly and well-distributed waste disposal facilities. Therefore, strengthening the capacity of local governments, formulating policies that involve community participation, and ensuring transparent supervision are strategic measures to guarantee the fulfillment of citizens’ rights to a clean and healthy environment.
Penegakan Hukum Administrasi Dalam Sengketa Kepemilikan Rumah Toko Matuankotta, Jacky Alko Lazarus; Nendissa, Renny Heronia; Holle, Erick Stenly
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3519

Abstract

Article 28D paragraph (1) of the 1945 Republic of Indonesia Constitution states that: "Everyone has the right to recognition, guarantees, protection and certainty of fair law and equal treatment before the law." However, the reality in the field often does not match the ideality of the law. The decision of the Ambon City Government not to extend building rights  the shophouse in Ambon Plaza was made without a clear reason, thus creating legal uncertainty. The problem to be discussed by the author is to analyze the forms of administrative law enforcement and the legal consequences of the government not enforcing administrative law in shophouse ownership disputes. This study uses the Normative Juridical method, with an approach to statutory regulations, and a conceptual approach.. The results of the study indicate that the forms of administrative law enforcement that can be applied in shophouse ownership disputes consist of two main categories, namely through administrative instruments and administrative sanctions
Kompetensi Pengadilan Negeri Dalam Putusan Penundaan Pemilihan Umum Aprilia, Fita; Tjiptabudy, Jantje; Nirahua, Garciano
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3518

Abstract

General elections are a form of implementation of democratic values, If there is an abuse of authority by the organizers of the general election, the judge has a very important role through the means of the court has the competence to resolve the election disputes that occur, The competence of the court in handling cases consists of relative competence and absolute competence. Court competence is given so that judges are not arbitrary in carrying out their duties. In reality, courts often adjudicate cases that are not their authority. Therefore, there are two problem formulations in this study, namely whether the district court has the authority to decide on the postponement of elections and what are the legal consequences of the district court's decision regarding the postponement of elections?The purpose of this study is to analyze the legal basis of the district court’s authority in deciding the postponement of general elections and to examine the legal consequences arising from such decision concerning the exercise of citizens’ constitutional rights and the duties of the election management body.Metode of research used is normative juridical, which primary legal sources and secondary sources as well as tertiary legal sources. Legislation approach, conceptual approach and case approach of the Central Jakarta District Court Decision Number 757/Pdt.G/2022/PN Jkt.Pst, which are used to solve the legal issues studied.The results of this study indicate that the Central Jakarta District Court Number: 757/Pdt.G/2022/PN.Jkt.Pst. The decision to postpone the election by the Central Jakarta Court, with a lawsuit against the government filed by the Prima Party as the plaintiff against the KPU as the defendant, is ultra vires. Ultra vires means that the decision is beyond the authority, or exceeds the authority of the judge, this is based on Law Number 30 of 2014 concerning Administration and is clarified by Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Resolving Government Action Disputes and the Authority to Adjudicate Unlawful Acts by Government Agencies and / or Officials that the State Administrative Court has the authority to adjudicate disputes over unlawful acts by the government called (Onrechtmatige Overheidsdaad). The decision to postpone the general election by the district court is null and void. In order to protect the constitutional rights and the rights of citizens to conduct elections, the KPU made legal efforts to the DKI Jakarta High Court. The decision of the DKI Jakarta High Court No. 230/PDT/2023/PT then canceled the Decision of the Central Jakarta District Court No. 757/Pdt.G/2022/PN Jkt.Pst.
Kajian Yuridis Pemberhentian Periode Masa Jabatan Kepala Daerah Ulahayanan, Antonius; Piris, Hendry John; Soplanit, Miracle
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3517

Abstract

Article 162 paragraphs (1) and (2) of Law Number 10 of 2016 concerning Regional Head Elections (Pilkada) stipulate that regional heads hold office for five years from the date of inauguration and may be re-elected only once for the same position. However, this provision gives rise to differing interpretations when Article 201 paragraphs (5) and (7) regulate the terms of office for regional heads elected in 2018 and 2020, which end in 2023 and 2024, respectively. This inconsistency has led to constitutional disputes, as seen in the lawsuit filed by several regional heads elected in 2018 but inaugurated in 2019 against Article 201 paragraph (5) of the Pilkada Law, which was partially granted by the Constitutional Court (Decision No. 143/PUU-XXI/2023), while a similar lawsuit against Article 201 paragraph (7) was entirely rejected in 2022. This study aims to analyze the legal validity of terminating the term of office of regional heads and its legal implications in the implementation of the 2024 simultaneous regional elections. The research employs a normative legal method with statutory and conceptual approaches. The results indicate that the termination of the regional heads’ term of office for the alignment of the 2024 simultaneous elections has binding legal force in accordance with existing legislation. The resulting legal implications include potential normative inconsistencies, challenges to legal compliance, impacts on the continuity of governmental programs, administrative adjustments, and effects on public trust.

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