Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal Bacarita Law Journal LUTUR Law Journal
Darius Mauritsius
Faculty of Law, Universitas Nusa Cendana, Kupang, Indonesia.
Law, Crime, Criminology & Criminal Justice

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Customary Law as a Legal Basis in Disputes over Customary Land Rights Hendrina Clotilda Difa Fernandez; Darius Mauritsius; Petornius Damat
LUTUR Law Journal Vol 7 No 2 (2026): November 2026 LUTUR Law Journal (In Progress)
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v7i2.25525

Abstract

This study aims to analyze the customary legal basis for the acquisition of ulayat land rights and the legal consequences of Decision Number 20/Pdt.G/2024/PN Lrt on the de facto and de jure status of disputed ulayat land in East Flores Regency. This research employs a normative legal method with statutory, case, historical, comparative, and conceptual approaches. The results show that the customary legal basis for acquiring ulayat land rights originates from Lamaholot customary law as a living law that is recognized and practiced across generations through mechanisms such as ancestral inheritance, customary land transfer, customary oaths, territorial division, and marriage practices as a substitute for bridewealth (belis). The existence of ulayat rights in this case fulfills the elements of a customary law community, the existence of ulayat land, and a functioning customary legal system as stipulated in Article 2 paragraph (2) of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 5 of 1999. The court decision declaring the claim inadmissible (niet ontvankelijke verklaard) is limitedly declarative and does not address the merits of the case. De facto, the land remains controlled and utilized by the customary community, while de jure, its legal status remains uncertain. Thus, this decision reflects a separation between social reality and legal certainty and highlights the importance of clearly defining legal subjects and objects in ulayat land dispute claims.
Legal Protection for Business Actors Affected by Bad Influencer Reviews Indah Ayu Permata Bahren; Darius Mauritsius; Chatryen Megawati Dju Bire
Bacarita Law Journal Vol 7 No 1 (2026): August (2026) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v7i1.25534

Abstract

This study aims to analyze legal protection for business actors affected by negative reviews delivered by influencers in the digital economy era. The rapid development of information technology and social media has strengthened the role of influencers in shaping public opinion on products and services, which may cause significant losses to business actors when such reviews are not based on accurate facts. This research employs a normative legal research method using statutory, conceptual, and analytical approaches. The results show that legal protection for business actors consists of preventive and repressive measures. Preventive protection is reflected in regulations under Consumer Protection Law and Electronic Information and Transactions Law, which impose obligations to provide accurate information and prohibit misleading content. Meanwhile, repressive protection can be pursued through litigation and non-litigation mechanisms, including claims for damages based on unlawful acts and the application of criminal sanctions in accordance with applicable laws. However, practical challenges remain, such as unclear legal norms regarding influencer liability, difficulties in proving causality, and low levels of digital legal literacy. Therefore, strengthening regulatory frameworks and law enforcement is necessary to ensure legal certainty and optimal protection for business actors in the digital environment.
Co-Authors Chatryen Megawati Dju Bire Hendrina Clotilda Difa Fernandez Indah Ayu Permata Bahren Petornius Damat