Pub Date : 2023-12-01DOI: 10.47268/capitan.v1i2.11496
Mayakarin Fiadolla Sattu, Hendrik Salmon, H. M. Tita
The aim of this research is to analyze and find out about the classification of abuse of authority by Correctional Institution officers who distribute narcotics and to find out disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. The research method used is the normative legal type. Based on the results obtained (1) The classification of abuse of authority carried out by correctional institution officers regarding the distribution of narcotics that occurs in prisons, in essence, is that a prison officer has an obligation that he must carry out in prison. (2) Disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant discipline are in the form of lighter disciplinary and administrative sanctions compared to Government Regulation Number 53 of 2010, namely Respectful Dismissal Not at Your Own Request. Where there is still a gap in Government Regulation Number 94 of 2021 concerning Civil Servant discipline for abusers who have civil servant status to receive pension benefits if they meet the criteria.
{"title":"Penegakan Hukum Administrasi Terhadap Pegawai Lapas Yang Terlibat Penyebaran Narkotika Di Dalam Lapas Kelas II A Ambon","authors":"Mayakarin Fiadolla Sattu, Hendrik Salmon, H. M. Tita","doi":"10.47268/capitan.v1i2.11496","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.11496","url":null,"abstract":"The aim of this research is to analyze and find out about the classification of abuse of authority by Correctional Institution officers who distribute narcotics and to find out disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. The research method used is the normative legal type. Based on the results obtained (1) The classification of abuse of authority carried out by correctional institution officers regarding the distribution of narcotics that occurs in prisons, in essence, is that a prison officer has an obligation that he must carry out in prison. (2) Disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant discipline are in the form of lighter disciplinary and administrative sanctions compared to Government Regulation Number 53 of 2010, namely Respectful Dismissal Not at Your Own Request. Where there is still a gap in Government Regulation Number 94 of 2021 concerning Civil Servant discipline for abusers who have civil servant status to receive pension benefits if they meet the criteria.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"27 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139187720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-30DOI: 10.47268/capitan.v1i2.11439
Valentino Victor Exel Rikumahu, Hendrik Salmon, J. Mustamu
This research was motivated by Central Maluku Regency Regional Regulation Number 04 of 2006 concerning Guidelines for Structuring State Saniri or State Consultative Body. This regulation mandates that members of Saniri Negeri are representatives of genealogical elements of society, in this case Soa, so that Soa has the authority to send representatives as members of Saniri Negeri. This type of research is normative legal research, the problem approach in this research is the statutory approach, and the case conceptual approach, the sources of legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a statutory approach, then synchronized with the legal concepts and principles studied to be analyzed normatively to answer the legal issues studied based on the approach used in this research. The results of this research are that the Regent's decision to make interim changes to the members of Saniri Negeri without a proposal from Soa and Saniri Negeri is a decision that does not meet the requirements for the validity of a decision, namely authority, procedure and substance which results in the decision being invalid or can be cancelled.
这项研究的动机来自 2006 年中马鲁古地区第 04 号条例，该条例涉及国家 Saniri 或国家协商机构的结构指南。该条例规定，Saniri Negeri 的成员必须是社会族谱元素的代表，这里指的是 Soa，因此 Soa 有权派遣代表作为 Saniri Negeri 的成员。这类研究属于规范性法律研究，本研究的问题方法是法定方法和案例概念方法，法律材料的来源是主要法律材料和次要法律材料，这些法律材料采用法定方法收集和归类，然后与所研究的法律概念和原则同步进行规范性分析，以根据本研究采用的方法回答所研究的法律问题。本研究的结果是，摄政王在没有得到Soa和Saniri Negeri提议的情况下对Saniri Negeri成员进行临时调整的决定不符合决定有效性的要求，即权威性、程序性和实质性，从而导致该决定无效或可被取消。
{"title":"Pergantian Antar Waktu Anggota Saniri Negeri Tanpa Usulan Soa Dan Badan Saniri Negeri","authors":"Valentino Victor Exel Rikumahu, Hendrik Salmon, J. Mustamu","doi":"10.47268/capitan.v1i2.11439","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.11439","url":null,"abstract":"This research was motivated by Central Maluku Regency Regional Regulation Number 04 of 2006 concerning Guidelines for Structuring State Saniri or State Consultative Body. This regulation mandates that members of Saniri Negeri are representatives of genealogical elements of society, in this case Soa, so that Soa has the authority to send representatives as members of Saniri Negeri. This type of research is normative legal research, the problem approach in this research is the statutory approach, and the case conceptual approach, the sources of legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a statutory approach, then synchronized with the legal concepts and principles studied to be analyzed normatively to answer the legal issues studied based on the approach used in this research. The results of this research are that the Regent's decision to make interim changes to the members of Saniri Negeri without a proposal from Soa and Saniri Negeri is a decision that does not meet the requirements for the validity of a decision, namely authority, procedure and substance which results in the decision being invalid or can be cancelled.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"123 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139204376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-28DOI: 10.47268/capitan.v1i2.11192
Angelina Imanuela Debby Nusaly, D. Pattipawae, Carolina Tuhumury
The criminalization of children who commit criminal offenses requires a community research report from the Correctional Center, which in this case is made by the Community Supervisor as regulated in the provisions of article 1 number 13 of Law No. 11 of 2012 concerning SPPA. One of the cases handled by the Community Supervisor is a case of persecution, based on police report Number B/113VII/1019/Reskrim. The client underwent an examination process at the Ambon Island and Lease Islands police station for allegedly committing the crime of persecution as referred to in Article 170 paragraph (1) of the Criminal Code (KUHP). The purpose of this research is to ask for consideration or advice from the Community Supervisor after the criminal offense is reported and the Community Supervisor is also not involved in the diversion process at the investigation stage. This Research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials. This research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials.The result and discussion shows that the authority to determine Diversion is given to law enforcement officials handling children's cases,Community Research from the Investigator as stipulated in Article 28 of Law No. 11 of 2012 concerning SPPA. After the Community Supervisor conducts the research, the results of the community research will be given to the Investigator. If the Investigators do not ask for consideration or advice from the Community Supervisor in the attempted diversion process, it can be said that the diversion process at the investigation stage is null and void.
{"title":"Kewenangan Pembimbing Kemasyarakatan dalam Melakukan Diversi Pra Ajudikasi (Studi pada Balai Pemasyarakatan Kelas II Ambon)","authors":"Angelina Imanuela Debby Nusaly, D. Pattipawae, Carolina Tuhumury","doi":"10.47268/capitan.v1i2.11192","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.11192","url":null,"abstract":"The criminalization of children who commit criminal offenses requires a community research report from the Correctional Center, which in this case is made by the Community Supervisor as regulated in the provisions of article 1 number 13 of Law No. 11 of 2012 concerning SPPA. One of the cases handled by the Community Supervisor is a case of persecution, based on police report Number B/113VII/1019/Reskrim. The client underwent an examination process at the Ambon Island and Lease Islands police station for allegedly committing the crime of persecution as referred to in Article 170 paragraph (1) of the Criminal Code (KUHP). The purpose of this research is to ask for consideration or advice from the Community Supervisor after the criminal offense is reported and the Community Supervisor is also not involved in the diversion process at the investigation stage. This Research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials. This research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials.The result and discussion shows that the authority to determine Diversion is given to law enforcement officials handling children's cases,Community Research from the Investigator as stipulated in Article 28 of Law No. 11 of 2012 concerning SPPA. After the Community Supervisor conducts the research, the results of the community research will be given to the Investigator. If the Investigators do not ask for consideration or advice from the Community Supervisor in the attempted diversion process, it can be said that the diversion process at the investigation stage is null and void.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139219667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-28DOI: 10.47268/capitan.v1i2.10972
Faliuw Samuel Larubun, R. Nendissa, M. Matitaputty
The state recognizes and respects the unity of customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law" Article 18(b) paragraph 2 of the 1945 Constitution is the legal basis for recognizing the existence of the community customary law in Indonesia which has rights and authority to be respected and respected. The existence that has been recognized on a clear legal basis means that customary law communities have the authority to manage and manage their own customary territories as they should. The authority that is meant is the authority to manage the land and even the sea which is the ownership right of the indigenous communities themselves. Marine management rights by customary law communities or what is usually called marine ulayat rights are a set of rules or practices for managing marine areas and the resources therein based on customs carried out by coastal communities in villages. Regional Governments are obliged to provide recognition of marine management rights to customary law communities. This is clearly stipulated in Law Number 1 of 2014 in article 20 paragraph (1): The Government and Regional Governments are obliged to facilitate the granting of location permits and management permits to Local Communities and Traditional Communities "But what if the regional government does not grant marine management rights in accordance with the applicable law.
{"title":"Kewenangan Pengakuan Hak Pengelolaan Wilayah Laut Kepada Masyarakat Hukum Adat Oleh Pemerintah Daerah","authors":"Faliuw Samuel Larubun, R. Nendissa, M. Matitaputty","doi":"10.47268/capitan.v1i2.10972","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.10972","url":null,"abstract":"The state recognizes and respects the unity of customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law\" Article 18(b) paragraph 2 of the 1945 Constitution is the legal basis for recognizing the existence of the community customary law in Indonesia which has rights and authority to be respected and respected. The existence that has been recognized on a clear legal basis means that customary law communities have the authority to manage and manage their own customary territories as they should. The authority that is meant is the authority to manage the land and even the sea which is the ownership right of the indigenous communities themselves. Marine management rights by customary law communities or what is usually called marine ulayat rights are a set of rules or practices for managing marine areas and the resources therein based on customs carried out by coastal communities in villages. Regional Governments are obliged to provide recognition of marine management rights to customary law communities. This is clearly stipulated in Law Number 1 of 2014 in article 20 paragraph (1): The Government and Regional Governments are obliged to facilitate the granting of location permits and management permits to Local Communities and Traditional Communities \"But what if the regional government does not grant marine management rights in accordance with the applicable law.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139223616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-28DOI: 10.47268/capitan.v1i2.11206
Niklas Salasiwa, Jemmy Jefry Pietersz, M. Matitaputty
Ambon City Regional Regulation number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of State Government is the legal basis for every implementation of state regulations in Ambon City, this means that every state regulation made must be based on Ambon City Regulation Number 10 of 2017 2017. In making regulations, whether regional regulations or state regulations, appropriate and appropriate adjustments are needed in terms of determining the title and material content contained in the regulation, but it is not uncommon for there to be regulations that are not appropriate. The mismatch between the title of a state regulation and the content of the content material is certainly something that is very contrary to the law which will of course give rise to legal consequences. One of the state regulations which has a different title and content material is the Hative Kecil state regulation Number 6 of 2020 concerning the determination of house points. parents in the Hative Kecil country, with the title determining the terms of the parental home, the content material contained in this state regulation should only be limited to the scope of the parental home in the Small Hative State, but unfortunately the content material contained in the state regulations already covers all matters regarding Small Hative Country, starting from the appointment of the head of government of Small Hative Country, the election of the head of the state government, to the dismissal of the head of the state government, of course it is clear that the title of this state regulation does not match the existing content material, for this reason, this difference is certainly contrary to law and can give rise to legal consequences.
{"title":"Akibat Hukum Materi Muatan Peraturan Negeri yang Tidak Sesuai dengan Judul Peraturan Negeri","authors":"Niklas Salasiwa, Jemmy Jefry Pietersz, M. Matitaputty","doi":"10.47268/capitan.v1i2.11206","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.11206","url":null,"abstract":"Ambon City Regional Regulation number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of State Government is the legal basis for every implementation of state regulations in Ambon City, this means that every state regulation made must be based on Ambon City Regulation Number 10 of 2017 2017. In making regulations, whether regional regulations or state regulations, appropriate and appropriate adjustments are needed in terms of determining the title and material content contained in the regulation, but it is not uncommon for there to be regulations that are not appropriate. The mismatch between the title of a state regulation and the content of the content material is certainly something that is very contrary to the law which will of course give rise to legal consequences. One of the state regulations which has a different title and content material is the Hative Kecil state regulation Number 6 of 2020 concerning the determination of house points. parents in the Hative Kecil country, with the title determining the terms of the parental home, the content material contained in this state regulation should only be limited to the scope of the parental home in the Small Hative State, but unfortunately the content material contained in the state regulations already covers all matters regarding Small Hative Country, starting from the appointment of the head of government of Small Hative Country, the election of the head of the state government, to the dismissal of the head of the state government, of course it is clear that the title of this state regulation does not match the existing content material, for this reason, this difference is certainly contrary to law and can give rise to legal consequences.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"60 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139218695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-28DOI: 10.47268/capitan.v1i2.10113
Aswinda Nilam Sari, D. Pattipawae, V. J. E. Saija
Law Enforcement supervision of violators of official vehicle users by government officials is carried out based on the principle of decentralization where the Central Government fully delegates to Regional Governments to follow up or manage their respective regions. Any State/regional losses due to negligence, misuse or violation of law on the management of State/regional property are resolved through claims for compensation in accordance with laws and regulations. In responding to and avoiding the misuse of official vehicle facilities by government officials, it is necessary to supervise the use of official vehicle facilities. Supervision carried out on official vehicle facilities is intended so that government officials are aware of their responsibilities as servants of the state and society and do not attach importance to personal interests. The legal issues in writing are, first; What is the function of Government supervision of official vehicles ?. second; How are sanctions applied to violators of the use of official vehicles by government officials? The type of research used is Normative juridical research using a problem approach, namely a statutory approach and a concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature research with legal material analysis techniques is qualitative. Based on the results of research that violations of the use of official vehicle functions are still often encountered, due to the use of official vehicles are often used outside official interests. Violation of regulations and abuse of authority because it is not in accordance with the use and function of the official vehicle itself based on Government Regulation Number 28 of 2020 on Amendments to Government Regulation Number 27 of 2014 concerning Management of State/Regional Property and in accordance with Government Regulation Number 94 of 2021 concerning Civil Servant discipline. Government officials who misuse official vehicles may be penalized. Any party that causes losses to the State/Region for personal interests or for interests outside the functions of the position and service that can result in state/regional losses, may be given administrative sanctions and criminal sanctions.
{"title":"Penegakan Hukum Terhadap Pelanggar Penggunaan Kendaraan Dinas","authors":"Aswinda Nilam Sari, D. Pattipawae, V. J. E. Saija","doi":"10.47268/capitan.v1i2.10113","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.10113","url":null,"abstract":"Law Enforcement supervision of violators of official vehicle users by government officials is carried out based on the principle of decentralization where the Central Government fully delegates to Regional Governments to follow up or manage their respective regions. Any State/regional losses due to negligence, misuse or violation of law on the management of State/regional property are resolved through claims for compensation in accordance with laws and regulations. In responding to and avoiding the misuse of official vehicle facilities by government officials, it is necessary to supervise the use of official vehicle facilities. Supervision carried out on official vehicle facilities is intended so that government officials are aware of their responsibilities as servants of the state and society and do not attach importance to personal interests. The legal issues in writing are, first; What is the function of Government supervision of official vehicles ?. second; How are sanctions applied to violators of the use of official vehicles by government officials? The type of research used is Normative juridical research using a problem approach, namely a statutory approach and a concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature research with legal material analysis techniques is qualitative. Based on the results of research that violations of the use of official vehicle functions are still often encountered, due to the use of official vehicles are often used outside official interests. Violation of regulations and abuse of authority because it is not in accordance with the use and function of the official vehicle itself based on Government Regulation Number 28 of 2020 on Amendments to Government Regulation Number 27 of 2014 concerning Management of State/Regional Property and in accordance with Government Regulation Number 94 of 2021 concerning Civil Servant discipline. Government officials who misuse official vehicles may be penalized. Any party that causes losses to the State/Region for personal interests or for interests outside the functions of the position and service that can result in state/regional losses, may be given administrative sanctions and criminal sanctions.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139225948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-28DOI: 10.47268/capitan.v1i2.11209
Hanavia Rahma Sunaryo, D. Pattipawae, Sara Selfina Kuahaty
Employers have employed workers in excess of the overtime work hours determined by law with the aim of reaping greater profits while the rights of workers during overtime are set aside. purposes of the research analyze and discuss the responsibility of employers or employers for excess overtime hours imposed and to find out the forms of legal protection for workers employed in excess of the overtime hours prescribed by law. Methods of the research this type of research uses normative juridical methods, with qualitative processing and analysis of legal materials. Results of the research that approving an employment relationship above a deviation in overtime working hours based on laws and regulations is considered to have negated one of the elements of the employment agreement. The employer must be responsible for providing the rights of workers and bear everything that arises as a result of the actions taken. Then, to protect workers from deviations and violations of rights, legal protection is carried out through education and socialization of labor law instruments to workers and employers / employers as well as through the authority of supervisory institutions that will act to prevent and overcome labor violations.
{"title":"Tanggung Jawab Pengusaha dan Bentuk Perlindungan Hukum Terhadap Pekerja yang Dipekerjakan Melebihi Jam Kerja Lembur","authors":"Hanavia Rahma Sunaryo, D. Pattipawae, Sara Selfina Kuahaty","doi":"10.47268/capitan.v1i2.11209","DOIUrl":"https://doi.org/10.47268/capitan.v1i2.11209","url":null,"abstract":"Employers have employed workers in excess of the overtime work hours determined by law with the aim of reaping greater profits while the rights of workers during overtime are set aside. purposes of the research analyze and discuss the responsibility of employers or employers for excess overtime hours imposed and to find out the forms of legal protection for workers employed in excess of the overtime hours prescribed by law. Methods of the research this type of research uses normative juridical methods, with qualitative processing and analysis of legal materials. Results of the research that approving an employment relationship above a deviation in overtime working hours based on laws and regulations is considered to have negated one of the elements of the employment agreement. The employer must be responsible for providing the rights of workers and bear everything that arises as a result of the actions taken. Then, to protect workers from deviations and violations of rights, legal protection is carried out through education and socialization of labor law instruments to workers and employers / employers as well as through the authority of supervisory institutions that will act to prevent and overcome labor violations.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139224633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-27DOI: 10.47268/capitan.v1i1.9906
Junet Daniela Yesayas, S. S. Alfons, M. Matitaputty
The authority of the Ambon city government over child victims of economic exploitation is urgently needed, given that children are the next generation of the nation and state that must always be protected, and their growth and development is paid attention to with the rights they have which have been regulated in the Laws and Regulations. The purpose of this study was to find out and understand how the authority of the Ambon City Government for Children Victims of Economic Exploitation is in accordance with Legislation and what forms of legal protection for children who are victims of economic exploitation. The research method used is normative legal research method and is analyzed qualitatively. The results and discussion show that the Ambon City Regional Government is based on the provisions of Article 20 and Article 21 paragraph (1) to (4) of Law Number 35 of 2014 concerning Child Protection and the provisions of Article 23 paragraph (4) of Ambon City Regional Regulation Number 1 of 2019 Concerning the Implementation of Child Friendly Cities, has authority over the implementation of Child Protection, respects the fulfillment of Children's Rights, guarantees the fulfillment of Children's Rights and is responsible for formulating and implementing policies in the field of implementing Child Protection. Authority Regional Government Against Children according to Law Number 35 of 2014 concerning Child Protection includes the obligations and responsibilities of the Regional Government. However, in the Ambon City Regional Government Regulation which specifically regulates the implementation of Means of Fulfilling Legal Protection Rights for children, it does not give law enforcement authority to the Regional Government against the perpetrators.
{"title":"Kewenangan Pemerintah Kota Ambon Terhadap Anak Korban Eksploitasi Ekonomi","authors":"Junet Daniela Yesayas, S. S. Alfons, M. Matitaputty","doi":"10.47268/capitan.v1i1.9906","DOIUrl":"https://doi.org/10.47268/capitan.v1i1.9906","url":null,"abstract":"The authority of the Ambon city government over child victims of economic exploitation is urgently needed, given that children are the next generation of the nation and state that must always be protected, and their growth and development is paid attention to with the rights they have which have been regulated in the Laws and Regulations. The purpose of this study was to find out and understand how the authority of the Ambon City Government for Children Victims of Economic Exploitation is in accordance with Legislation and what forms of legal protection for children who are victims of economic exploitation. The research method used is normative legal research method and is analyzed qualitatively. The results and discussion show that the Ambon City Regional Government is based on the provisions of Article 20 and Article 21 paragraph (1) to (4) of Law Number 35 of 2014 concerning Child Protection and the provisions of Article 23 paragraph (4) of Ambon City Regional Regulation Number 1 of 2019 Concerning the Implementation of Child Friendly Cities, has authority over the implementation of Child Protection, respects the fulfillment of Children's Rights, guarantees the fulfillment of Children's Rights and is responsible for formulating and implementing policies in the field of implementing Child Protection. Authority Regional Government Against Children according to Law Number 35 of 2014 concerning Child Protection includes the obligations and responsibilities of the Regional Government. However, in the Ambon City Regional Government Regulation which specifically regulates the implementation of Means of Fulfilling Legal Protection Rights for children, it does not give law enforcement authority to the Regional Government against the perpetrators.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139354252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-27DOI: 10.47268/capitan.v1i1.9933
Winanda Kusuma, Sieska Afriana Sintasari
Regional autonomy as the government's choice in the administration of regional government to assist efficient and effective regional governments in managing governance. The desantralization pattern distributes authority to the regions within territorial limits. The fundamental organization enables the governing policies of a system. A policy itself in the whole system of government. The pattern of power and financial relations between the central government and regional governments is largely determined by the national political configuration at a given time. This article was written using the method of conceptual thinking with critical legal studies as the type of research. The result of this article is that the formation of new regions must be aimed at improving public services, accelerating the realization of community welfare, and also channeling political education at the local level. There is also a need for an evaluation of regional expansion with indicators of the objectives of the expansion. The urgency of evaluation is so that the desire and rapid division of regions does not make local governments paradoxical with goals. it is necessary to implement it as a corrective action so that the positive implications of corrective action can be felt more properly, it must have a legal basis by the provider of regional autonomy, namely the central government.
{"title":"Pemekaran Daerah dan Otonomi Daerah Kerangka Hubungan Pusat Daerah","authors":"Winanda Kusuma, Sieska Afriana Sintasari","doi":"10.47268/capitan.v1i1.9933","DOIUrl":"https://doi.org/10.47268/capitan.v1i1.9933","url":null,"abstract":"Regional autonomy as the government's choice in the administration of regional government to assist efficient and effective regional governments in managing governance. The desantralization pattern distributes authority to the regions within territorial limits. The fundamental organization enables the governing policies of a system. A policy itself in the whole system of government. The pattern of power and financial relations between the central government and regional governments is largely determined by the national political configuration at a given time. This article was written using the method of conceptual thinking with critical legal studies as the type of research. The result of this article is that the formation of new regions must be aimed at improving public services, accelerating the realization of community welfare, and also channeling political education at the local level. There is also a need for an evaluation of regional expansion with indicators of the objectives of the expansion. The urgency of evaluation is so that the desire and rapid division of regions does not make local governments paradoxical with goals. it is necessary to implement it as a corrective action so that the positive implications of corrective action can be felt more properly, it must have a legal basis by the provider of regional autonomy, namely the central government.","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"68 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139354157","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-27DOI: 10.47268/capitan.v1i1.9907
Rex Joshua Oszaer, R. Nendissa, H. M. Tita
Parking is a public need that initially functions to serve, according to this function parking space is adjusted according to demand along with the needs of people who have motorized vehicles to access a place. The purpose of this study was to analyze and find out the form of supervision carried out by the Ambon City Government towards unofficial parking attendants, as well as the implementation of law enforcement against unofficial parking attendants based on Ambon City Regional Regulation No. 6 of 2019. This research is normative juridical research, the process of finding legal principles and doctrines to answer legal issues that are systematically compiled, studied, then conclusions drawn, using statutory approach (statue approach) and conceptual approach (conceptual approach). The results of this research are that the Ambon City Government carries out internal supervision, a-priori and a-posteriori supervision in the form of preventive supervision in the form of appeals to the public, this supervision is carried out for approximately 2 years and then an evaluation is carried out. Law enforcement carried out by the Ambon City Government against managers and unofficial parking attendants in Ambon City as stipulated in CHAPTER XIII Concerning Administrative Sanctions Article 46, Article 47, and Article 48 paragraph (3).
{"title":"Penegakan Hukum Terhadap Juru Parkir Tidak Resmi Di Kota Ambon","authors":"Rex Joshua Oszaer, R. Nendissa, H. M. Tita","doi":"10.47268/capitan.v1i1.9907","DOIUrl":"https://doi.org/10.47268/capitan.v1i1.9907","url":null,"abstract":"Parking is a public need that initially functions to serve, according to this function parking space is adjusted according to demand along with the needs of people who have motorized vehicles to access a place. The purpose of this study was to analyze and find out the form of supervision carried out by the Ambon City Government towards unofficial parking attendants, as well as the implementation of law enforcement against unofficial parking attendants based on Ambon City Regional Regulation No. 6 of 2019. This research is normative juridical research, the process of finding legal principles and doctrines to answer legal issues that are systematically compiled, studied, then conclusions drawn, using statutory approach (statue approach) and conceptual approach (conceptual approach). The results of this research are that the Ambon City Government carries out internal supervision, a-priori and a-posteriori supervision in the form of preventive supervision in the form of appeals to the public, this supervision is carried out for approximately 2 years and then an evaluation is carried out. Law enforcement carried out by the Ambon City Government against managers and unofficial parking attendants in Ambon City as stipulated in CHAPTER XIII Concerning Administrative Sanctions Article 46, Article 47, and Article 48 paragraph (3).","PeriodicalId":505524,"journal":{"name":"CAPITAN: Constitutional Law & Administrative Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139354183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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