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All Journal TATOHI: Jurnal Ilmu Hukum
Dezonda Rosiana Pattipawae
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pengaturan Negeri Dalam Peraturan Daerah Di Kabupatan Seram Bagian Barat Obbie Yandri Samatuak; Jemmy Jefry Pietersz; Dezonda Rosiana Pattipawae
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The conflict between the SBB Regional Regulation Number 11 of 2019 concerning Villages and the SBB Regional Regulation Number 13 of 2019 concerning the State. where it has been determined that all 92 customary lands in the West Seram Regency as villages in the SBB Regional Regulation Number 11 of 2019 while in the SBB Regional Regulation Number 13 of 2019 until now the countries that already exist as customary lands in Seram Regency have not been determined.Purposes of the Research: This writing aims to find out and analyze the legal consequences of State regulations in Regional Regulation Number 11 of 2019 concerning Villages and Regional Regulation Number 13 of 2019 concerning the State against the State in West Seram Regency.Methods of the Research: The research method used is normative juridical. 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 processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The results of the study show that the  determination of customary lands carried out by the SBB Regency Government in SBB Regional Regulation Number 11 of 2019 Article 3 can basically be said to be not in accordance with applicable procedures. This can be seen from the issuance of Regional Regulation SBB Number 13 of 2019 concerning the country in Article 4 paragraph 3 which states that "The determination of customary law community units is carried out through identification of customary law communities by observing: a). History of indigenous peoples; b). Customary territory; c). Customary law; d). Assets and/or customary objects; and e). Customary government institutions/systems. The substance in the SBB Regional Regulation Number 13 of 2019 Article 4 paragraph (3) is a valid requirement in the supporting Article of the legal consequences of the land regulated in the SBB Regional Regulation Number 13 of 2019 so that the determination of the 92 customary lands in the SBB must be regulated in the SBB Regional Regulation Number 13 The year 2019 is no longer the SBB Regional Regulation Number 11 of 2019 which applies because the 92 villages regulated in the SBB Regional Regulation Number 13 of 2019 meet the requirements of a customary land.
Akibat Hukum Apabila Pejabat Tata Usaha Negara Tidak Melaksanakan Putusan Pengadilan Tata Usaha Negara Agus Sujiono; Dezonda Rosiana Pattipawae; Ronny Soplantila
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.613

Abstract

Introduction: The weak implementation of the PTUN decision is due to the absence of an executorial institution and the force to force the implementation of the PTUN decision so that the implementation of the PTUN decision depends on the awareness and initiative of the State Administration Official. Execution of court decisions is the implementation of court decisions by or with the assistance of external parties from the parties. Matters related to execution are the cancellation of the Decree followed by rehabilitation, administrative sanctions and execution of a decision to pay a sum of money.Purposes of the Research: The purpose of this research is to analyze and discuss the forms of decisions of the State Administrative Court and the legal consequences if the State Administrative Officials do not carry out the execution of the decisions of the State Administrative Court. The writing method used is normative legal research using a statutory approach and the concept of legal analysis.Methods of the Research: This method using normative legal research methods, namely research conducted by studying literature or literature study related to the problems at hand.Results of the Research: The research results show that officials who do not carry out the obligations ordered in the decision of the State Administrative Court which have permanent legal force (inkracht van gewijsde) are subject to moderate administrative sanctions which include: a) forced payment and / or compensation; b) temporary dismissal by obtaining office rights; or c) temporary dismissal without obtaining office rights. Article 11 of Government Regulation Number 48 of 2016 concerning Procedures for Imposing Administrative Sanctions to Government Officials determines that the imposition of minor administrative sanctions is carried out directly by superior officials, while the imposition of moderate and / or severe administrative sanctions is carried out through an internal inspection mechanism. Regarding officials who are authorized to impose administrative sanctions regulated in Article 12 of Government Regulation Number 48 of 2016 concerning Procedures for Imposing Administrative Sanctions to Government Officials.
Keabsahan Keputusan Penjabat Sementara Bupati Seram Bagian Timur Tentang Pengangkatan Dan Pemberhentian 5 (Lima) Karateker Diva Agustina Rahmawati; Hendrik Salmon; Dezonda Rosiana Pattipawae
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The validity of the decision and due to the legal procedures motivated by Law Number 30 of 2014 concerning Government Administration. This Regulation regulates the legal requirements of the decision that contains elements of authorized officials, procedures and substances that are in accordance with the object of the decision.Purposes of the Research: To find out and analyze the legitimate or or not the decision issued by the Acting Temporary Regent of the Eastern Seram Regent for the cancellation of a decision letter signed by the definitive regent.Methods of the Research: This research method is normative legal research, the problem approach in this study is a conceptual legislation and approach approach, the source of the legal material used in this study is the source of primary legal material and the source of secondary legal materials, legal materials that have been collected by grouped ways.Results of the Research: The results of this study are decisions issued by the Acting Regent of the Eastern Seram Regent not fulfilling the legal requirements of a decision of the elements of the authority, procedures and substance so that the decision has the potential to be canceled or canceled with the result of the decision issued.
Disiplin Aparatur Sipil Negara pada Kantor Kesyahbandaran dan Otoritas Pelabuhan Kelas 1 Ambon Hairia Musaad; Saartje Sarah Alfons; Dezonda Rosiana Pattipawae
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Ambon Class 1 Port Authority and Concession in improving the smooth running of public services and ensuring the effectiveness, efficiency and discipline of employees, looking at employee work discipline regarding working days are days that are determined to work formally, working hours are the time determined to work formally.Purposes of the Research: This writing aims to identify and analyze the discipline of the Airport State Civil Apparatus and the Ambon Class 1 Port Authority have an effect on good governance.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results show that Government Regulation No. 53/2010 concerning Civil Servant Discipline is a legal basis for regulating the actions and behavior of Civil Servants in order to comply with all applicable regulations, so that their main duties and functions can be carried out properly. Civil servants who are suspected of committing disciplinary violations are summoned to be investigated by the official who has the authority to punish or other officials appointed by him.
Co-Authors Agus Sujiono Diva Agustina Rahmawati Hairia Musaad Hendrik Salmon Jemmy Jefry Pietersz Obbie Yandri Samatuak Ronny Soplantila Saartje Sarah Alfons