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All Journal Abdimas Jurnal Jatiswara Jurnal Ilmiah Dunia Hukum Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Yuridika PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review KANJOLI Business Law Review
Berlianty, Teng
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression Berlianty, Teng; Hetharie, Yosia; Putri Anggia
Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i1.48389

Abstract

This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.
Legal Protection for the Dominus in Acts of Zaakwarneming Tomasoa, Juliane Irene; Berlianty, Teng; Saija, Ronald
LUTUR Law Journal Vol 6 No 1 (2025): May 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.v6i1.22888

Abstract

.An incident that often occurs in the life of others is an act without orders from others or voluntary help, this act is called Zaawarneming. Juridical-normative legal research using the Legislation approach, Conceptual approach related to the problem being studied. The findings of this study are that Dominus' protection in the Civil Code includes the Manager's obligation to account for its actions, Dominus' right to reject or accept the Manager' s actions, the Manager's obligation to compensate for damages, Dominus not paying wages to the Manager, and Dominus' right to terminate the act of Zaakwarneming. Currently, existing legal rules focus more on regulating the rights and obligations of Dominus (the owner of the interest) without providing sanctions or a clear compensation mechanism for Dominus if the Gestor (the party carrying out the management act) makes a mistake.
Legal Protection for Land Certificate Holders in the Complete Systematic Land Registration Program Gaspersz, Frans Gerald Yacob; Berlianty, Teng; Uktolseja, Novyta
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2238

Abstract

Introduction: Soil is not only a means of food production but also symbolizes social status. The Complete Systematic Land Registration Program (PTSL) is an effort to achieve legal certainty, although it still faces various obstacles such as lack of public awareness, land disputes, unclear village boundaries, and abuse of authority.Purposes of the Research: This research aims to study, analyze, and determine the legal certainty of complete systematic land registration (PTSL) as well as the legal strength of land rights certificates in the complete systematic land registration (PTSL) program.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results Main Findings of the Research: The research results show that although the PTSL program aims to provide legal certainty for land rights holders, in reality, many certificate holders still face various obstacles such as administrative inefficiencies, unclear land boundaries, abuse of authority, and overlapping ownership claims, which result in a lack of assurance and legal protection for land certificate holders. The land rights certificates issued through this program, which are supposed to be strong legal protection instruments, often become sources of uncertainty and problems because they can be disputed by other parties claiming rights to the same land, thereby rendering the land certificates legally weak.
Co-Authors Akyuwen, Rory Jeff Andrean, Paulus Balik, Agustina Dyastuti, Risqi Mumpuni Gaspersz, Frans Gerald Yacob Hetharie, Yosia Jose, Palti Josua Junaedi, Budi Kuahaty, Sarah Selfina Latuconsina, Moh Fadly Lefumonay, Imelda Murahman, Farhan Nancy Silvana Haliwela Narwadan, Theresia Nolda Agnes Novyta Uktolseja Nussy, Michael Pamungkas, Putra Pariela, Marselo Valentino Geovani Raihan, Muhammad Ronald Saija, Ronald Sari, Puput Novita SIHITE, SRI RUMADA Sinaga, Roulinta Y Soplanit, Miracle Sunoto Sunoto Talahatu, Reylandho Cornelius Tas’an, Darma Perdana Tjoanda, Merry Tjoanda, Mery Tomasoa, Juliane Irene Triska Demmatacco Tupamahu, Cheryl Nathania Uktolseja, Novyta Waremra, Merlin Clara Wear, Elsa Amalia Yulianti, Wa Ode