Article Per Year (5 Year)
p-Index From 2021 - 2026
3.823
P-Index
This Author published in this journals
All Journal DE JURE Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum Yuridika LUTUR Law Journal Jurnal Hukum dan Pembangunan PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Latupono, Barzah
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 29 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 29 Documents
Search

 1   2   3 
Hak Waris Anak Dari Ibu Pengganti (Surrogate Mother) Ditinjau Dari Hukum Islam Sukur, Ahmaf Fuzail; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2452

Abstract

Introduction: According to Article 832 of the Civil Code, it is known that legal and illegitimate blood and the spouse with the longest life are entitled as heirs. Islamic Sharia establishes the rules of inheritance in an orderly and fair manner. When a person, male or female, is legally assigned to possess. Islam also provides for the right to transfer one's property after death to his heirs and all his relatives, without distinguishing between male and female.Purposes of the Research: The purpose of this study is to know and explain the legal position of children from surrogate mothers in terms of Islamic Law. 1). To know and explain the inheritance rights of children from surrogate mothers in terms of Islamic Law. 2). As one of the academic requirements to obtain a law degree at the Faculty of Law, Pattimura University.Methods of the Research: This research uses a type of normative juridical research that is analytical descriptive.Results of the Research: 1. The legal status of surrogate mothers in Islamic law is that in Islamic law, a child born to a surrogate mother belongs to the mother who conceived and gave birth to the child, even though the egg is not hers. Children born through this process are also assigned to pregnant and giving birth mothers, that is, mothers whose womb is rented out. A child born with surrogacy cannot be combined with a woman who has a mother egg or embryo in the child, because according to Islamic law, surrogacy is not permissible or haram. 2. The right of inheritance of the surrogate mother's child in the sense of Islamic law is the right of inheritance of a child born to a surrogate mother, because in the Qur'an it is explained that the woman who gives birth and the pregnant woman has the right to take care of her, because in the blood of the child flows the blood of the woman who contains her.
Hak Perempuan Dalam Pembagian Harta Waris Adat Batak Toba (Studi Kasus Putusan Pengadilan No 564/PDT.G/2015/PN MDN) Simanjuntak, Vera Waty; Latupono, Barzah; Lakburlawal, Mahrita Aprilya
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2442

Abstract

Introduction: The position of women who are not accommodated in the distribution of inheritance in the Toba Batak Customary, so the authors conducted research with the aim of finding out how women's rights are in the distribution of inheritance in the Toba Batak Customary with the Case Study of Court Decision No. 564/PDT.G/2015/PN MDN and aims to find out the basic considerations judges in deciding cases of inheritance disputes with the patrilineal family system in Adar Batak Toba.Purposes of the Research: The purpose of this study is to discuss how women's rights in the distribution of traditional Toba Batak inheritance.Methods of the Research: This research is a normative juridical research carried out using statutory, conceptual and case approaches.Results of the Research: Women's rights in the division of inheritance in the Toba Batak custom are not accommodated at all because the Toba Batak custom adheres to a patrilineal family system. In the Toba Batak tradition, it is the sons who inherit the inheritance from their parents, so that the position of girls is not respected. In Court Decision No. 564/PDT.G/2015/PN MDN is based on Article 832 of the Civil Code which equates the rights of girls and boys so as to produce fairness decisions without differentiating rights in accordance with customary law principles and provisions in positive law in matters this is the Civil Code.
Wasiat Wajibah Bagi Ahli Waris Yang Bukan Beragama Islam Soulisa, Mohammad Ibrahim Sidik; Akyuwen, Rory Jeff; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 4, No 10 (2024): Volume 4 Nomor 10, Desember 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i10.2799

Abstract

Introduction: Compulsory will is defined as an action taken by a ruler or judge as a state official to compel or give a mandatory will decision for a person who has died, which is given to certain people under certain circumstances.Purposes of the Research: The purpose of this research is to find out and explain how the legal provisions for mandatory wills are regulated in Islamic law, to analyze and discuss the legal consequences of granting a mandatory will for heirs who are not Muslim.Methods of the Research: The type of research used is normative juridical research or library law research, with the type of research being analytical descriptive, the data obtained from normative juridical research is then analyzed and drawn. Using three approaches, namely the Legislative Approach, Case Approach, and Conceptual Approach.Results of the Research: Based on the results of the research carried out, the answer obtained is that there is a legal vacuum regarding the regulation of Wajibah Wills for heirs of different religions in the Compilation of Islamic Law which is used as a legal loophole, then it is necessary to immediately update the Compilation of Islamic Law which will later contain further regulations regarding prohibitions on giving Wajibah will for heirs of different religions so that unity and legal certainty in Islamic inheritance can be realized. Granting a Wajibah Will for Muslim heirs is still possible because it is based on a sense of justice and due to the same religion as the heir, but Wajibah Wills for non-Muslim heirs should not be granted because based on the interpretation of Article 171 letter (c) Compilation of Islamic Law, differences Religion has become an agreement among the ulama to be an obstacle to inheritance. So the concept of a Wajibah Will which takes 1/3 of the inheritance cannot be applied to non-Muslims because they do not have the right to receive an absolute share of the inheritance.
Larvul Ngabal Law as A Regulation in Marine Resources Management In Kei Islands, Southeast Maluku Regency Angga, La Ode; Latupono, Barzah; Renuat, Ahmad Yani; Atbar, Rini
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.1915

Abstract

Introduction: Hawear Customary Law has long been known in Southeast Maluku and has a rolewhich is important in organizing life, especially for traditional law communities. Hawear contains meaning prohibition to take natural resources on land or in the sea, which is based on several important and basic arguments. The principle that is the basis for the actual existence of Hawear's lais the principle of sustainablemanagement of natural resources. Wise thinking that develops wiselyThis local area is also based on the economic aspects of the country's community and the villages and villages located in the area small islands.Purposes of the Research: To find out and analyze Hawear's existence in protecting and preserving marine genetic resources in Southeast Maluku Regency.Methods of the Research: The approach method used in this research is sociological juridical which is a descriptive qualitative analysis study. This research seeks to describe what occurs in the Kei Indigenous Community in Southeast Maluku Regency, it is related to resource management coastal and marine power. The data collection techniques used in this research are: Interview, questionnaire and literature study.Results of the Research: The existence or existence of law Larvul Ngabal Currently, it is increasingly existing, this can be seen from the increasingly advanced society of Southeast Maluku and have the same feelings in a group, where they stay in one place because they come from from the same genealogy or descent. They have their own customary laws that regulate them regarding rights and obligations regarding material and immaterial goods. They also have social institutions, traditional leadership, and traditional justice recognized by the group. Larvul Nabalas a form of rule which the people of Southeast Maluku use in managing their marine resources is expected to remain the same obeyed so that it becomes a law in the management of resources both at sea and on land so that they are maintained natural sustainability. This is also in line with the protection of indigenous communities which has been recognized in Article 18B paragraph (2) and Article 28I paragraph (3) in the Indonesian Constitution The Constitution of the Republic Indonesia in 1945 (1945 Constitution of the Republic of Indonesia). This means that the state has recognized and respected rights indigenous communities, including the Law Society Larvul Ngabal.
Hak Ahli Waris Keturunan Raja Dalam Persekutuan Ratschaap Yarbadang Mussad, Saini; Matuankotta, Jenny Kristiana; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1130

Abstract

Introduction:  Inheritance law is a legal regulation that regulates inheritance due to death, the formulation of silent words until someone dies and causes inheritance problems, the death of this person is a legal event. Each Ratschaap belongs to one of the three major alliances, namely Ur siu (clump of nine), Loor lim (clump of five) and Loor labia (clump of intermediate) it is recorded that ten Ratschaap are members of Ur siu, the next ten Ratschaap are joined in Loor lim and the remaining two Ratschaap belonging to the Loor labia.Purposes of the Research:  The purpose of this study is to examine the normative juridical regarding the rights of the heirs of the king's descendants in the Ratschaap Yarbadang Alliance in Southeast Maluku with theories and facts that occur in the social community of Southeast Maluku.Methods of the Research:   In this legal research, the author uses empirical juridical research where this study uses a sociological research problem approach using original data using an empirical approach to knowledge based on facts from research results and observations according to this legal research.Results of the Research:  The results of this study indicate, Article 18b paragraph (2), the 1945 Constitution of the Republic of Indonesia and the Village Law Number 06 of 2014 as well as the Southeast Maluku Regency Government Regulation Number 04 of 2009 concerning Procedures for Nomination, Election and Inauguration of Heads. The government of Ohoi/Ohoi Rat, has regulated and given rights to the entire community of Southeast Maluku in exercising their customary and cultural rights, as well as parties who are not responsible for ancestral customs.
Settlement of Marital Problems By Using The Traditional Institutions of Married Brothers Latupono, Barzah; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1348

Abstract

Introduction: Many marital problems arise in the household so that many households end their marriages in court, but settlement in court faces many obstacles due to the accumulation of unresolved marriage cases.Purposes of the Research: To find out and analyze the settlement of marital disputes using the customary institutions of married brothers in Central Maluku district.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. This research attempts to describe the settlement of marital problems by using the traditional marriage system in Haruku Island District, Central Maluku Regency.Results of the Research: The results of the study show that the settlement of marriages using the customary institution of married brothers in the Haruku Island sub-district is very beneficial for husbands and wives who have problems in their marriage which can be resolved by their married relatives, both world problems and their afterlife problems that exist in their married life so that no longer are settlement issues settled in court.
Justice for the Rights of the Women's Heirs to the Land of Dati Latupono, Barzah; Radjawane, Pieter; Laturette, Adonia Ivone
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.853

Abstract

Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives.Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family
Pelaksanaan Putusan Hak Asuh Anak Dan Kepastian Hukumnya Terhadap Putusan Pengadilan Agama Ternate Nomor 623/Pdt.G/2020/PA Ayu, Laras; Latupono, Barzah; Fataruba, Sabri
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3019

Abstract

Introduction: The implementation of child custody decisions made by the Ternate Religious Court is in accordance with the positive law applicable in Indonesia, namely Law Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI).Purposes of the Research: This research aims to analyze the implementation of child custody decisions regarding the Ternate Religious Court Decision Number 623/Pdt.G/2020/PA.Tte and what obstacles the Ternate Religious Court faces in the process of implementing the decision. Methods of the Research: This type of research is normative law.Results / Findings / Novelty of the Research: The results obtained in writing this  are; 1. Article 105 KHI explains that the right to custody of children under 12 years of age is the right of the mother, so the judge in the Ternate religious court in a decision with Register Number 623/Pdt.G/2020/PA.Tte dated 18 November 2020 granted the plaintiff's claim. and giving custody of the child (hadlannah) to the Plaintiff and in accordance with article 98 of the Compilation of Islamic Law regarding material care procedures, the defendant must pay for the child's education until the age of 21 years. 2. There are several obstacles in implementing the Decision with Register Number 623/Pdt.G/2020/PA.Tte, namely: a. The Respondent to the execution does not want to hand over the child to the Petitioner for the execution; b. The applicant for execution deliberately obstructed the execution, by threatening to carry out acts of violence if the child was taken by force; c. The child was deliberately hidden by the Respondent to the execution; d. The child himself did not want to accompany the Petitioner in the execution
Legal Protection For Heirs Against Inheritance Ramadhan, Fadel; Tjoanda, Merry; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2076

Abstract

Introduction: The agreement of all heirs to the transfer of land rights through sale and purchase is an important component that must be a concern for the parties who carry out the sale and purchase, especially inherited land. In this case, the holder of his land rights gets legal protection later, therefore, analyzing and reviewing the issue of legal protection to heirs of inherited property.Purposes of the Research: This study aims to find out how the validity of buying and selling inheritance without the knowledge of heirs and how legal protection to heirs against buying and selling inheritance property.Methods of the Research: This research uses normative juridical research methods, legal approaches, case approaches, conceptual approaches used in this research. In addition, to solve legal issues, sources of legal materials are needed, namely primair legal materials, secondary legal materials, and tertiary legal materials.Results Main Findings of the Research: Shows that the validity of the sale and purchase of inheritance assets of the Supreme Court of the Republic of Indonesia Decision Number 702 PK / PDT / 2020 which does not meet Article 1320 of the Civil Code and Article 1471 of the Civil Code. Furthermore, legal protection to heirs against the sale and purchase of inheritance can make new legal remedies with a deliberative approach to obtain a share of absolute rights or legitime portie in claiming losses that have been suffered by heirs based on the provisions of Article 913 of the Civil Code, if deliberation is unsuccessful, they can file a lawsuit based on Article 834 of the Civil Code and Article 835 of the Civil Code and Article 1365 of the Civil Code which is the basis for The context of legal protection to heirs which is the right and interest of heirs to the sale and purchase of an inheritance object.
Putusan Terkait Sengketa Hak Atas Tanah Warisan Pieris, Flourensya Lyventriz; Latupono, Barzah; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19715

Abstract

Land disputes are unavoidable in today's era, this is due to the various very high land needs while the number of land plots is limited. Land dispute resolution is an effort to resolve land disputes between parties who feel disadvantaged. sIn accordance with the problems raised, the type of research used in this paper is normative legal research. Legal research is the process of discovering legal rules, legal principles, and legal doctrines in order to answer the legal questions faced. This paper is made with the problem of land dispute resolution and also the considerations and legal basis of judges in deciding cases. This study aims to resolve disputes. Legal approach, sources of legal materials include primary, secondary and tertiary data sources and normative research methods. The results of the study show how the dispute can occur because the defendants have taken over/taken over the disputed land of 12 HA. Therefore, the plaintiff filed a lawsuit against the defendants at the Ambon District Court. Article 171 of the Civil Code states that: Inheritance law is the law that regulates the transfer of ownership rights to inherited property from the testator then determines who is entitled to be the heir and determines how much each portion is, it is clear that by referring to the Civil Code it explains that everyone has the right to be an heir to every asset left by a subject who has a legal relationship that is legally family and/or property law which in essence has a close relationship between the testator and the intended heir.
Co-Authors Adonia Ivone Laturette Akyuwen, Rory Jeff Alfons, Sartje Sarah Atbar, Rini Awaluddin, Syah Ayu, Laras Fadel Ramadhan, Fadel Fataruba, Sabri Ganggas, Fansiska Vivi Hakim, Jamil Hamid, Moh Ilias Bin Harudin, Harlinud Jantje Tjiptabudy Jantje Tjiptabudy Kuahaty, Sarah Selfina La Ode Angga Lambouw, Giovita Nathaza Prasedia Laturette, Adonia Ivonne Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matuankotta, Jenny Kristiana Muhammad Irham Musaad, Faly Antary Mussad, Saini Nawardi, Hamdan Pesulima, Theresia Louize Picarima, Elsa Olivia Pieris, Flourensya Lyventriz Pietersz, Jemmy Jefry Radjawane, Pieter Ramadan, La Ode Alfachriy Ridla Renuat, Ahmad Yani Simanjuntak, Vera Waty Solarbesain, Fransiskus Xaverius Soulisa, Mohammad Ibrahim Sidik Sukur, Ahmaf Fuzail Sukur, Fatma Resdiana Tianotak, Nasarudin Tjoanda, Merry Tuankotta, Abdul Gani Uktolseja, Novyta