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Tinjauan Yuridis Terhadap Jabatan Menteri Yang Dijabat Oleh Ketua Partai Politik Grelyano Beryl Mahupale; Salmon Eliazer Marthen Nirahua; Sherlock Halmes Lekipiouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The President is assisted by ministers of state who are appointed and dismissed by the President. The Minister is prohibited from holding concurrent positions as the head of an organization that is financed from the State Budget and/or Regional Revenue and Expenditure Budget, while political parties also receive assistance from the APBN. The legal issue is whether the head of a political party can be appointed as a minister, and what are the legal consequences if the head of a political party is appointed as a minister.Purposes of the Research: This study aims to examine and find out whether the position can be held by the chairman of a political party, and to examine and find out the legal consequences of a ministerial position held by the chairman of a political party. Methods of the Research: The type of research used is normative juridical, which is a research that primarily examines legal principles and legal rules using a conceptual approach and legislation, in order to answer the legal issues faced.Results of the Research: The results of the study show that 1) Law No. 2 of 2011 concerning Amendments to Law No. 2 of 2008 concerning Political Parties states that one of the financial sources of political parties is in the form of financial assistance from the APBN/APBD, meanwhile Article 23 letter c of Law The Law of the Republic of Indonesia Number 39 of 2008 concerning State Ministries also stipulates that the Minister is prohibited from holding concurrent positions as: the head of an organization financed from the State Budget and/or Regional Revenue and Expenditure Budget. thus, the Chairperson of a Political Party cannot become a minister. 2) The legal consequence is that the chairman of the Golkar political party as one of the ministers in the current cabinet of President Joko Widodo must be dismissed from his position as minister.

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.

Pelaksanaan Tugas Komisi Pemilihan Umum Daerah Dalam Sosialisasi Undang – Undang Nomor 7 Tahun 2017 Menjelang Pemilukada Dimasa Pandemi Covid-19 Eylesia Elkel; Hendrik Salmon; Sherlock Halmes Lekipiouw
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The legal issues in this writing include (1) Is the Covid-19 Pandemic Affecting the Simultaneous Regional Head Elections and (2) How is the KPUD Implementation in Disseminating Law Number 7 of 2017 Ahead of the Regional Head Election during the Covid-19 Pandemic.Purposes of the Research: This writing aims to find out and analyze how the KPUD's duties are in socializing Law Number 7 of 2017 during the Covid-19 Pandemic. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explains and predicts the direction of future legal developments. This is because this research is a legal research, because the science of law has a special character (it is a sui generis discipline).Results of the Research: The results of the discussion of the writer of this thesis showed that the implementation of the Democratic Party was disrupted by the corona virus outbreak, one of which was the simultaneous Regional Head Election. Even the implementation of KPUD's Duties of Law Number 7 of 2017 concerning socialization ahead of the Regional Head General Election is disrupted, but the KPUD can cooperate with print or electronic media in order to make it easier for the public to know the procedures for conducting the Regional Head Election so that the KPUD's task in conducting socialization ahead of the Regional Head General Election can be carried out.

Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Penerbitan Sertifikat Ganda Nifantri Mulya Ningsih; Marthinus Johanes Saptenno; Sherlock Halmes Lekipiouw
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1116

Introduction: The issuance of dual certificates, namely certificates of more than one ownership in the same land area. As a result of the issuance of double certificates, there is a dispute between the parties.Purposes of the Research: To find out the form of the responsibility of the national land agency for the issuance of multiple certificates and their legalMethods of the Research: The research is a normative legal research in the study using two problem 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. the whole data in this stuidy was analyzed qualitatively. Results of the Research: The results of this study indicate that the national land agency is responsible fir the certificates issued releted to the with the head of the national land agency. the national land agency is absolutely responsible for the issuance of multiple certificates as a result of negligence due to the inaccuracy of the national land agency. the absolute responsibility system requires the national land agency to be responsible both inside and outside the court if there is a lawsuit regarding land rights. the legal consequence of the issuance of multiple certificates issuedvy the national land agency is to create legal uncertainty because there is more than one certyificates in the same parcel of land, losses for the both parties to the dispute, especially for those who are declared defeated in the trial and certificates that are proven administratively dlawed or inten tionally registered return.

Konstruksi Penataan Daerah dan Model Pembagian Urusan Pemerintahan Sherlock Halmes Lekipiouw
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.414

Regional arrangement and distribution model of governmental affairs. The purpose of this research is to provide clarity regarding the legal interpretation of the formulation of norms in regional government laws. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the development of decentralization into a state administration system had an impact on local government institutions, one of which was the distribution pattern of government affairs. Thus, comparing the distribution of functions is not possible without the overall decentralized institutional framework developed by a country. From this, a comprehensive framework of decentralization institutions and local government is needed. It also does not rule out the possibility for a region to propose governmental affairs that become its specialty, both on a provincial and regional scale. The concept of division of functions is carried out dynamically, where regions can carry out real government affairs (needed and in accordance with regional capacities). It should be possible for districts / cities to propose governmental affairs that are needed or not needed; who can or cannot be arrested. Decentralization can only work if it is based on a number of preconditions, namely a capable and effective central government. Therefore, it is necessary to review various regulations that are not in line with the principle of broadest autonomy.

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