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Perlindungan Hukum Bagi Pegawai Honorer Setelah Berlakunya Undang-Undang Nomor 5 Tahun 2014 Etwar Hukunala; Julista Mustamu; Revency Vania Rugebregt
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: this study discusses and analyzes the position and legal protection of temporary employees after the enactment of Law no. 5 Year 2014Purposes of the Research: To analyze and discuss legal arrangements regarding the position of honorary employees. And to analyze and discuss forms of legal protection for temporary employees.Methods of the Research: This research is a normative legal research. In this study, two approaches to the problem are used, namely the statutory approach and the conceptual approach. Sources of data obtained are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is by collecting and grouping them according to their respective sections, both primary, secondary and tertiary laws. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that honorary employees are not included in the type of State Civil Apparatus (ASN). This is based on the provisions of Law Number 5 of 2014 concerning State Civil Apparatus. What is only mentioned in the ASN Law regarding types of employees are Civil Servants (PNS) and Government Employees with Work Agreements (PPPK). With the enactment of Law Number 5 of 2014 greatly affects the position and legal protection of temporary employees. According to the Government Regulation, the term of service for honorary employees is up to 5 (five) years (from 2018 – 2023) and is given protection as applicable to PPPK in the form of health insurance, work accident insurance, and death insurance. Provisions regarding the provision of protection in the form of such guarantees for temporary employees still have to issue a Ministerial Regulation after receiving technical considerations from the minister who carries out government affairs in the financial sector.

Penegakan Sanksi Hukum Kepada Penyelenggara Pemilihan Kepala Daerah Yang Mempengaruhi Pemilih Viantrus Maupiku; Julista Mustamu; Sherlock Halmes Lekipiouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The oath/promise of the Provincial KPU, Regency/Municipal KPU members in carrying out their duties and authorities will work sincerely, honestly, fairly, and carefully for the success of the General Election and the establishment of democracy and justice, as well as prioritizing the interests of the Unitary State of the Republic of Indonesia over personal or group interests.Purposes of the Research: This writing aims to identify and analyze the enforcement of legal sanctions for Regency KPUs that are proven to influence voters in the regional head election process. Methods of the Research: The research method used is normative juridical research with descriptive analytical research. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through a literature study, then the legal materials collected are then analyzed qualitatively.Results of the Research: The results of the study indicate that the enforcement of administrative legal sanctions against Jakob Alupatti Demny as the Head of MBD Regency KPU is in accordance with the provisions of Article 27 paragraph (2) of Law Number 15 of 2011 concerning Election Organizers which explains that members of KPU Regency KPU, Provincial KPU, and Regency KPU The city is dishonorably dismissed if it violates the oath/promise of office and/or the code of ethics. However, until now Jakob Alupatti Demny is still a member of the MBD Regency KPU.

Kajian Terhadap Pengaturan Sanksi Denda Administratif Dalam Peraturan Daerah Tentang Pembatasan Sosial Berskala Besar Ghufran Syahputera Walla; Hendrik Salmon; Julista Mustamu
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This article discusses the study of the regulation of administrative fines in regional regulations regarding PSBB.Purposes of the Research: The purpose of this article is to find out and analyze administrative fines and to find out and analyze the regulation of administrative fines in regional head regulations.Methods of the Research: The type of research used is normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrines in order to answer the legal issues faced.Results of the Research: The results of this study are administrative sanctions as a reaction carried out by the administrative body, is a dimension of unilateral administrative decision-making power. This power is the power to decide, apply and enforce sanctions against individuals who violate the norms of administrative law (public order). Meanwhile, administrative fines are sanctions imposed on administrative violations or administrative regulatory provisions which can be in the form of revocation of permits, dissolution, supervision, temporary dismissal, administrative fines, or police coercion. Ambon Mayor Regulation No. 18 of 2020 which regulates Legal Sanctions is inaccurate and tends to be problematic, not only in material terms but also in formal terms because it has weaknesses: First, because the Mayor's Regulation is not a statutory regulation that is recognized for its existence according to the provisions of Article 7 of the Law Formation of Laws , but the laws and regulations mentioned in the provisions of Article 8 of the Law on the Formation of Legislation which are recognized for their existence and have binding legal force as long as they are ordered by a higher Legislation or are formed based on authority. Second, the regulation of administrative fines in Mayor Regulation No. 18 of 2020 is also inappropriate because Administrative Sanctions are sanctions imposed on administrative violations or administrative provisions of regulations.

Keabsahan Pengelolaan Destinasi Pariwisata Kota Tual Ditinjau Dari Undang-Undang Nomor 10 Tahun 2009 Tentang Kepariwisataan Nurul Fatiha Renuat; Julista Mustamu; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1462

Introduction: Tual City as an autonomous region that has regional tourism potential currently cannot be managed optimally by the regional government and regional apparatus in this case the tourism office.Purposes of the Research: The purpose of this study is to find out and analyze tourism destination managers who are carried out without being based on the Master Design for Tourism Development and to find out and analyze the legal consequences of managing tourism destinations without being based on the Master Design for Tourism Development. Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: The results of the research are that the first management of tourism destinations cannot be carried out without being based on the Master Design for Tourism Development because it is not based on the Regional Tourism Development Master Plan (RIPPARDA) as a special regulation governing tourism and the second result is that the main legal consequence is that no budget is disbursed. to the local government and related devices because the requirement for a regional budget is the existence of the Regional Tourism Development Master Plan (RIPPARDA) so that tourism management in Tual City automatically becomes hampered and cannot run optimally.

Pengawasan Terhadap Penjual Bensin Eceran Di Kota Ambon Santri Hairu Letahiit; Julista Mustamu; Merlien Irene Matitaputty
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1445

Introduction: Retail gasoline sellers are gasoline traders in retail with the object of goods being premium gasoline and pertalite.Purposes of the Research: This study aims to find out and examine how to supervise retail gasoline sellers in Ambon City. Methods of the Research: This writing was carried out with the type of normative juridical research, namely research carried out to obtain data through library studies, namely various literature and scientific materials, and so on. In the normative juridical approach, the data are obtained by using various thoughts of experts and legal theories and existing literature.Results of the Research: Retail gasoline sales are easily found in various district-based areas as well as in cities, even though there are already many gas stations in urban areas, especially in Ambon city. This phenomenon becomes very interesting if one looks at the substance of the Oil and Gas Law, which states clearly that someone who wants to run a business or sell gasoline must have a permit from the government, which of course must go through a strict verification and administrative process. But in reality on the ground, this is really not as it should be, most of the retail gasoline sellers do not have a license or business certificate.

Penyusunan Peraturan Negeri Haruku Tentang Pengelolaan Sumber Daya Wilayah Pesisir Julista Mustamu; Yohanis Pattinasarany; Mahrita A. Lakburlawal
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i1.1276

Introduction: Devotion to the Preparation of Haruku State Regulations Concerning the Management of Coastal and Marine Resources is an activity to form a state regulation so that all interests related to the Management of Coastal and Marine Areas Resources are accommodated and the creation of a regulation that creates harmony between communities.Purposes of Devotion: To produce a State Regulation product that regulates and organizes life in Haruku Country so that the people who are governed by the law obtain certainty, benefit and justice in the life of the state and society, especially in the Management of Coastal and Marine Area Resources. Method of Devotion: Activities are carried out using the method of compiling laws and regulations, especially the formation of village/traditional village legal products.Results of the Devotion: Preparation of state regulations as a form of practicing the principle of a welfare state where in Law No. 6 of 2014 concerning villages gives authority to villages to manage their own natural resources, both resources in mountainous areas and at sea. but then there are often various villages that find it difficult to manage their resources especially when you see that there are so many resources that exist in the sea and coastal areas starting from the abundance of fish, coral reefs, agar-agar and there are still many marine biota that must be managed properly by the people in In a country, this happens due to the lack of a clear regulation regarding the management of resources in coastal and marine areas as a benchmark, namely in one of the areas in Maluku, namely Haruku country, which does not yet have state regulations regarding the management of coastal and marine areas. So it is considered important. there is a state regulation that provides guarantees and guidance for the country in managing resources in coastal and marine areas as well as the intended state regulations giving authority, therefore in order to make these regulations, a Haruku country needs guidance in carrying out the preparation of these state regulations.

Pengawasan Dewan Perwakilan Rakyat Daerah Dalam Mencegah Korupsi di Daerah Greg Suripatty; Hendrik Salmon; Julista Mustamu
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1867

Introduction: Corrupt practices do not only occur in government administration at the center, but also in the regions.Purposes of the Research: To analyze and formulate legal arguments regarding the form of DPRD supervision in preventing corruption in the administration of regional government.Methods of the Research: The method used in this research is normative legal research to answer the legal problem in question.Results of the Research: Research results show that the principle of DPRD supervision in the administration of regional government is to prevent violations or abuses committed by regional governments in implementing regional regulations and regional head regulations, laws and regulations related to the administration of regional government, and follow-up to audit results. Financial report by the Financial Audit Agency. Supervision is intended to be a means of creating checks and balances in the administration of government in the regions, but supervision must not result in reducing or undermining the values contained in the basic principles specified in statutory regulations, so that arbitrariness does not occur. If the DPRD carries out supervision effectively, it will have an impact on optimal regional government performance, including eradicating the practices of corruption, collusion and nepotism. The form of DPRD supervision in preventing corruption in the administration of regional government is not only in the form of political supervision, but also the role given to the DPRD to carry out technical supervision similar to supervision carried out in internal agencies to prevent corruption in the region.

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