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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
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Law, Crime, Criminology & Criminal Justice

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The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law Nawardi, Hamdan; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.3081

Abstract

Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.
Between Worship and Bribery: Charity in the Shadow of Electoral Politics Awaluddin, Syah; Tjiptabudy, Jantje; Latupono, Barzah; Alfons, Sartje Sarah
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.32615

Abstract

This article examines the blurred boundary between genuine ṣadaqah (charitable giving) and covert vote-buying during Indonesia’s 2024 general elections, offering an Islamic legal analysis grounded in the concepts of niyyah (intention), ikhlāṣ (sincerity), riyāʾ (ostentation), and evidentiary principles such as qarīnah (contextual indicators). While political actors often disguise electoral incentives as acts of worship, Islamic jurisprudence provides a normative framework to distinguish between sincere charity and manipulative political strategy. The study adopts a normative-juridical approach, combining descriptive-qualitative analysis with both classical Islamic sources, such as the Qur’an, Hadith, fiqh, and tafsir, and contemporary legal regulations, particularly Law No. 7 of 2017 concerning Elections. Data were collected through library research and analysed thematically using Islamic legal reasoning, legal maxims, and selected case illustrations from the 2024 elections. This methodological framework enables a nuanced interpretation of intention in Islamic law—not based on verbal confession but inferred through circumstantial and behavioural indicators. The main contribution of this research lies in its articulation of an evidentiary model rooted in Islamic jurisprudence (fiqh)—a structured framework for evaluating the ethical and legal status of charitable acts in politicised contexts based on indicators recognised in Islamic legal thought. This model equips scholars, regulators, and the public with the tools to detect and assess electoral misconduct disguised as religious virtue. This study presents a clear novelty in the form of a matrix of legal indicators—derived from Islamic legal ethics—as an original analytical tool to objectively evaluate political intent in charitable acts during elections. By integrating classical Islamic thought with contemporary electoral challenges, this article contributes a unique perspective to Islamic legal studies and democratic governance, laying the groundwork for a reformed jurisprudential approach to political ethics in Muslim-majority societies.
Fair Mine Management in Indonesia Hamid, Moh Ilias Bin; Angga, La Ode; Latupono, Barzah; Irham, Muhammad
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.21892

Abstract

Environmental protection and management has consequences for the development of an integrated national policy system, and must be implemented in accordance with principles from the central government to the regions. Related to the above, Immanuel Kant thought that the principle of practical law comes from pure reason which is the basis for determining an action or deed. The type of research used is normative legal research, which is research that mainly examines positive legal provisions, legal principles, legal principles, and legal doctrines in order to answer the legal problems faced. This type of research is normative juridical, which is a legal research method that is carried out by reviewing literature or secondary materials. The form of legal rules related to equitable mining environmental management in Indonesia in the future should contain material that contains the following elements: a) integrated environmental management; b) clarity of authority between the central and regional governments; c) strengthening environmental control efforts; d) strengthening of pollution and/or environmental damage prevention instruments which include strategic environmental assessment instruments, spatial planning, environmental quality standards, environmental damage standard criteria, Environmental Impact Analysis, environmental management efforts and environmental monitoring efforts, licensing, environmental economic instruments, environment-based laws and regulations, environment-based budgeting, risk analysis environment, and other instruments in accordance with the development of science and technology; e) the use of licensing as a control instrument; f) the use of ecosystem approaches; g) certainty in responding to and anticipating global environmental developments; h) strengthening environmental democracy through access to information, access to participation, and access to justice as well as strengthening people's rights in environmental protection and management; i) Stricter enforcement of civil law, state administration, and criminal law; j) Strengthening institutions for more effective and responsive environmental protection and management; and k) Strengthening the authority of environmental supervisory officials and environmental civil servant investigators.
Juru Damai Dalam Penyelesaian Perselisihan Perkawinan Dengan Menggunakan Adat Di Negeri Pelauw Tuankotta, Abdul Gani; Latupono, Barzah; Labetubun, Muchtar Anshary Hamid
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i2.12091

Abstract

Marriage is a bond, a very strong agreement, obedience to God's commands, so practicing it is worship, every marriage that is carried out ends until death is separated, but some are divorced a few moments later. The reasons for divorce vary, including financial, infidelity, jealousy, domestic violence (domestic violence), a moral crisis, one of the two cannot fulfill their respective obligations as husband and wife to form a family, and there may also be a violation of the rules. and marriage regulations Lack of understanding of purpose. If every couple knows and enforces this rule, and understands every implication of the goals of marriage, family happiness will be very easy to achieve, and far from divorce. The type of research used in this study is normative juridical, by examining legal materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials and the legal analysis technique used is qualitative descriptive analysis. The result of the research is The traditional marriage procedure in Pelauw State starts from the process of proposing to the bride, the first day of the wedding is often referred to as Tifa night, namely a series of customs carried out by the bride, and the second day ma'asiwa sour, namely a series of customs carried out by the bride and groom from the family or the groom's traditional house brings the treasure to the bride's residence and then a few hours later the marriage ceremony takes place. The task of married brothers as peacemakers in resolving disputes is to examine the problems experienced by the husband and wife. So that they can summarize the problems they face and provide advice and peaceful efforts to the disputing parties.
Penyelesaian Masalah Gadai Syariah (Rahn) Pada Pegadaian Syariah Ramadan, La Ode Alfachriy Ridla; Latupono, Barzah; Fataruba, Sabri
KANJOLI Business Law Review Vol 3 No 1 (2025): Juni 2025 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v3i1.22694

Abstract

Pawning is a means for the wider community to borrow money by handing over valuables as collateral. Resolving sharia pawn problems (rahn) is an integral part that prioritizes the principles of justice, responsibility and compliance with Islamic law. However, during the implementation of transactions, legal problems often arise which cause losses for customers. The purpose of this research is to find out and explain the application of sharia principles to rahn contracts, and to find out and explain the steps to resolve rahn contract problems when disputes occur, such as customers whose collateral is exchanged for fake gold and the responsibility of the pawnshop for collateral items that have been exchanged. . The research method used is normative juridical research with a descriptive analytical research type using a conceptual approach and a statutory regulatory approach. The research results show that the application of sharia principles in resolving rahn contract problems cannot be separated from the role of the National Sharia Council (DSN) which is tasked with developing the application of sharia values ​​in economic activities as well as steps to resolve rahn contract problems when experiencing disputes in the form of loss of collateral. Replaced by the pawnshop in accordance with Financial Services Authority Regulation Number 31 of 2016 concerning Pawnshop Business.
Penyelesaian Sengketa Perusakan Lingkungan Hidup pada Hutan Adat Masyarakat Sabuai Harudin, Harlinud; Angga, La Ode; Latupono, Barzah
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i2.22565

Abstract

The geographical location of the Sabuai settlement has been crossed by five rivers, but when the forest upstream of the river is destroyed, the settlement will automatically have a bad impact. The destruction of the Sabuai tribal forest not only caused flooding in settlements, but also resulted in damaged residents' gardens, and crop failures, and even clean water sources were also buried by landslides. The efforts of indigenous peoples to fight for and defend their environment are very difficult. This can be seen from Sabuai Country, Pamatang Siwalalat District, Eastern Seram Regency. The indigenous people of Sabuai struggle to defend their customary forests and are in conflict with CV. Source of Prosperous Blessings. The type of research conducted in this writing is normative juridical law research that is descriptive and analytical. Normative legal research is a form of legal writing that is based on the characteristics of normative law. The results obtained in this study are: There are two (2) paths of environmental dispute resolution, namely out-of-court (non-litigation) or out-of-court settlement also called Alternative Dispute Resolution (ADR), in its implementation Alternative Dispute Resolution consists of negotiation, mediation, conciliation and arbitration and case resolution can be carried out by litigation or non-litigation routes. The settlement of cases by the litigation route means that the settlement of legal issues is carried out in court, The form of legal responsibility in this writing is a form of absolute responsibility (without error). The term unlawful act (onrechtmatig daad) before 1919 by the Hoge Raad was interpreted narrowly, that is, any act that is contrary to the rights of another person arising from the law or any act that is contrary to his own legal obligations arising from the law.
Land Procurement for the Public Interest Ganggas, Fansiska Vivi; Laturette, Adonia Ivonne; Angga, La Ode; Latupono, Barzah
LUTUR Law Journal Vol 6 No 2 (2025): November 2025 LUTUR Law Journal
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.v6i2.22013

Abstract

The construction of various public facilities and other infrastructure requires land in large quantities and varying in size depending on the needs of a region. At the same time, as the population increases, there is less and less land available, and because the State does not have land for the construction of various public facilities and other infrastructure for the public interest mentioned above, efforts are needed to procure land for the construction of various public facilities and infrastructure. This research is a normative legal research, using a problem approach that includes the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach) as well as the case approach. With the statutory approach (statute approach) it is intended that as a legal research, the answer to the legal issue of this research uses related statutory regulations, and with these statutory regulations the relationship between one regulation and another can be analyzed as an inseparable series, especially statutory regulations related to the land acquisition process on customary lan. Public land acquisition for the benefit of objects with customary land ownership is customary land acquisition for the public interest that involves the recognition of customary rights through a deliberation process and appropriate compensation, based on the principles of humanity, justice, and welfare. The implementation of this land acquisition is regulated by Law Number 2 of 2012 and its implementing regulations, which mandate the involvement of customary law communities, customary leaders, and relevant agencies in the planning process through to the transfer of land rights.
Penerapan Sanksi Hukum Adat Terhadap Perkawinan Pela Tampa Siri Negeri Rambatu Picarima, Elsa Olivia; Latupono, Barzah
BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i2.23241

Abstract

Traditional marriage must be understood as a marriage that is based on the customary rules that apply in the local community. One of the sacred customs that still exists and is believed by the majority of Maluku people is Pela. As is the case in Rambatu Country and Kamarian Country which have a Pela Tampa Siri relationship. However, in 2020 and 2022 there were two couples who held Pela marriages between men from Rambatu Country and women from Kamarian Country and vice versa, men from Kamarian Country and women from Rambatu Country. The research method used is an empirical legal research method. As this research uses empirical legal facts taken directly from human behavior. The results of the research show that the implementation of Rambatu State's customary sanctions uses deliberation to reach consensus as implemented by custom. The application of these sanctions can be in the form of fines, as well as social sanctions in the form of ostracizing Pela married couples by indigenous peoples as a result of their own actions. Rambatu State customary law sanctions do not stipulate that Pela married couples must be expelled/leave the country. Therefore, married couples assume that the punishment is not so severe or binding that violations could occur in that country due to the application of sanctions that are not so severe.
Distribution of Royalties for Songs Created by Husband After Divorce Latusawaule, Jilly Sekale; Latupono, Barzah; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3245

Abstract

Introduction: This study analyzes the distribution of royalties on songs created by husbands after divorce as a form of joint property in marriage. This issue is significant in Indonesia, considering that royalties are included as Intellectual Property Rights that can provide economic value for divorced couples, but are not yet fully protected and often trigger legal disputes.Purposes of the Research: This study aims to explain the mechanism for the distribution of royalties from songs created by a husband after divorce as joint property and the legal consequences for wives who do not receive these royalties.Methods of the Research: This study uses a normative legal research method with a statutory and conceptual approach. The analysis was conducted based on Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and Government Regulation Number 56 of 2021 concerning the management of royalties for song and/or music creations.Findings of the Research: The results of this study reveal that royalties for songs created by the husband obtained during the marriage are included in joint assets that must be divided fairly in accordance with Article 35 and Article 37 of the Marriage Law. A wife who does not receive her share can file a lawsuit to obtain legal protection for the royalties. This division can also be carried out through deliberation, mediation, or court decisions to ensure justice for both parties.
Legal Implications of Joint Property Control by the Second Wife in Inheritance Disputes Islamic Law Perspective Akbar, Muhamad Haidir; Angga, La Ode; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 12, February 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i12.3227

Abstract

Introduction: Inheritance disputes in polygamous families often lead to conflict, especially when the second wife controls all the inheritance without a fair division to the first wife and her children.Purposes of the Research: The purpose of this study is to find out the procedure for distributing inheritance to the first and second wives in accordance with Islamic principles, as well as to find out the legal consequences for the joint property of the first wife that is controlled by the second wife.Methods of the Research: This research uses a normative juridical method with a legislative and conceptual approach, and is analyzed qualitatively. The data sources come from literature studies, legal literature, laws and regulations, and the Compilation of Islamic Law.Findings of the Research: The procedure for distributing inheritance to the heirs of the deceased husband begins with identifying the inheritance, including inheritance and joint property, then deducting debts, funeral expenses, and wills, before being distributed to the heirs according to fariath. As a result of the law of the joint property of the first wife which is controlled by the second wife, without a valid legal basis, it is contrary to the principle of justice in Islam and can be considered as an act of ghasab (deprivation of rights). Wives in polygamous marriages are only entitled to joint property acquired during their respective marriages. Therefore, the second wife is not entitled to control the property that is the result of the husband's marriage to the first wife. Such possession can give rise to the obligation to restore rights, trigger inheritance conflicts, and lawsuits from other heirs.
Co-Authors Adonia Ivone Laturette Akbar, Muhamad Haidir 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 Latusawaule, Jilly Sekale Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matuankotta, Jenny Kristiana Muchtar Anshary Hamid Labetubun 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 Tjoanda, Merry Tuankotta, Abdul Gani Uktolseja, Novyta