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The Perlindungan Notaris Terhadap Keterangan Yang Diberikan Pada Persidangan Tata Usaha Negara Yang Tidak Mengaplikasikan Hak Ingkar Dalam Persidangan Sihite, Sri Rumada
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 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.v4i2.12938

Notaries in carrying out their duties regarding deeds, agreements, and stipulations that must be required by statutory regulations and or desired are required to keep the deeds they have made confidential by the parties. Notary confidentiality that must be upheld can also be confidentiality, namely the confidentiality of professional ethics. Which states that the notary is obliged to keep secret all legal actions outlined in the contents of the deed and all information given to the Notary in the deed. The emergence of a lawsuit that was tried in the verdict 13/G/2018/PTUN-TPI, the author is interested in seeing how the notary's protection of the deed he made and how the legal remedies and legal consequences made by the panel of state administrative judges in the right of denial played by the notary in the state administrative trial. The research was conducted in a normative juridical manner. Using secondary literature data to research rules and norms. The conclusion obtained is that the protection of notaries against information given at the state administrative trial that does not apply the right of denial in the trial is certainly related to legal certainty for notaries whose rights are tried to file objections accompanied by reasons against a judge who tries the case. When referring to Article 52 of the Code of Criminal Procedure, which states the right of denial, the accused can submit a mitigating witness or commonly referred to as an Ade charge witness. An oath or promise intended for the notary profession which is carried out on the show of the laws and regulations themselves. The panel of State Administrative Judges held that the approval of the examination of Notary Anly Cenggana SH., through the object of the dispute a quo was contrary to the general principles of good governance, especially the principle of legal certainty and the principle of fair play.

Perlindungan Hukum Bagi Importir Tanaman Hias Online Dalam Melakukan Transaksi Ekspor-Impor Terhadap Wanprestasi Eksportir Sihite, Sri Rumada
Balobe Law Journal Volume 3 Issue 2, October 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i2.1826

Introduction: Ornamental plants come from various countries, both within and outside our country, Indonesia. One of them is Bangkok. Ornamental plants or often also called flowers, especially ornamental plants from Bangkok, which has a flower market, also have a lot of interest in our country, Indonesia. Transactions between exporters and importers of ornamental plants experience problems and have problems.Purposes of the Research: Know and understand the problems of exporting and importing ornamental plants.Methods of the Research: This research is normative research using a statutory approach with the sources of legal materials used are primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis.Results of the Research: The problem in the title is what legal protection is provided by the importer of ornamental plants if there is an importer's default such as the ornamental plant wilting and within a few days after being replanted the ornamental plant must be thrown away and cannot be resold. Refers to the obligations of the seller and buyer based on Article 1474 of the Civil Code, which states that the seller has the obligation to hand over the object and what he is selling and assume or guarantee it.

The Right to Manage Coastal Tourism to Support Indigenous People's Income in the Perspective of Coastal Community Welfare Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.1839

Introduction: The right to manage coastal tourism to support the customary income of the land of West Seram Regency from the perspective of the welfare of coastal communities, where it can be said that tourism management is one of the efforts made by the community and government to preserve tourist attractions.Purposes of the Research: The tourism management responsibilities that are interesting to carry out research, especially the tourism management of Negeri Eti in the Baray part of Seram Regency and providing management obligations to the Negeri Eti community in the West Seram Regency as well as research related to the welfare allocation or it could be said to be the results of the allocation of customary land to be managed for beach tourism.Methods of the Research: The research method used is in accordance with the research objectives where the type of research used is sociolegal (sosiolegal research) namely a research method combining doctrinal legal research and empirical legal research methods.Results of the Research: The results of this research show that developing tourism potential in an area requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. There is Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources. Eti Village, West Seram District, Maluku Province, can be implemented by Eti Village to provide welfare for coastal indigenous communities in the future.

Perlindungan Hukum Atas Display Produk Mendekati Kedaluwarsa di Tempat Diskon Sinaga, Roulinta Yesvery; Sihite, Sri Rumada
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.2081

Introduction: Displaying near-expiration products at discount stores is a common practice. While this practice is not explicitly prohibited by law, it needs to be considered in terms of health and consumer rights.Purposes of the Research: To examine the impacts and implications of displaying products nearing expiration at discount stores and to assess the legal protection and responsibility regarding such product displays.Methods of the Research: The research method used is normative juridical with legal, conceptual, and case approaches.Results of the Research: The practice of displaying near-expiration products at discount stores can have negative impacts on consumers and businesses. Legal protection for this practice consists of preventive measures through collaboration between relevant parties, periodic checks, discount product labeling, consumer awareness, and supervision by relevant institutions. Responsive legal protection can be pursued through litigation or non-litigation routes. The responsibility of businesses for this practice should be carefully reviewed, as they may become involved in legal conflicts and cause both material and immaterial losses to consumers. Fault-based liability should ideally be applied, but consumers need to make efforts and critically gather evidence, outline losses, and describe the causality of negative effects from purchasing display products.

Telaah Kritis Aspek Hukum Perjanjian Lisan Jasa Titip Barang Sihite, Sri Rumada
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.12971

A jastip business that offers purchases in a place in order to make a profit at each price of goods. Interestingly, this service is without capital because later users of goods delivery services and jastip entrepreneurs agree with the principle of trust. Promote services on social media then wait for orders given by delivery service users. The delivery service business which provides a number of benefits but not infrequently also encounters problems. This is because delivery service business people generally only buy goods after the buyer makes a payment. Different ways of transactions with those in the marketplace or online store that make sellers of goods delivery services have to buy goods first, until the goods arrive at the hands of buyers of goods delivery services. The problem raised by the author in this journal is how the laws and regulations see the rights of jastip users and jastip service providers, how to protect Jastip users against the goods they buy, and what are the legal consequences received by delivery service providers who default on the oral agreement experienced. The results of the study are. Risk is still a burden or borne by the seller who is still the legal owner of the goods, until such time as the goods are legally handed over to the buyer which means ownership has also transferred or moved to the buyer (transper of ownership), by having delivered the goods by the seller to the buyer, then the risk of the goods moving or switching is moving or switching from the seller to the buyer.

Perlindungan Hukum Terhadap Penyewa Halaman Rumah Atas Ingkar Janji Mu’jir Sihite, Sri Rumada
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2197

Introduction: The broken promise made by the owner of the vacant land rented by mei symbolon which has an impact on material losses, which has legal consequences for the legal actions taken by the landowner, Mr. x, of course this is the background for the author to explain the problem and explain the legal protection of the tenant of the house yard for the broken promise of the mu'jir.Purposes of the Research: Reviewing what rights are received by the party that must be received if the agreement between them is made by a unilateral promise and what obligations must be fulfilled by the owner of the house yard for legal actions that make a promise break.Methods of the Research: The research method used is normative juridical method with statutory and conceptual approaches.Results of the Research: The agreement that gave birth to the binding between the tenant of the yard and the owner of the yard is valid and fulfills the principle of consensualism and of course this has legal consequences where there are rights and obligations of each. In this case the non-fulfillment of the obligations of the owner of the empty courtyard, namely reselling the house and the empty courtyard which in the civil law code is a breach of promise, of course this is required by the owner of the yard to compensate for the loss as written.

Penyuluhan Hukum Terhadap Hak Pengelolahan Wisata Pantai Untuk Mendukung Pendapatan Adat Di Negeri Eti Kabupaten Seram Bagian Barat Menurut Perspektif Kesejahteraan Masyarakat Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2323

Introduction: Management Rights originating from State Land and Ulayat Land. Management rights originating from State land are granted to Central Government Agencies, Regional Governments, State-Owned Enterprises/Regional-Owned Legal Entities, Land Bank Agencies or legal entities appointed by the Central Government. Meanwhile, management rights originating from Ulayat Land are assigned to customary law communities. However, in managing tourism itself, it is necessary to pay attention to the impact and intersection of customs or culture of the community around the tourist destination area.Purposes of Devotion: The purpose of writing this article is to provide legal understanding and education to the people of Negeri Eti, West Seram Regency regarding the use of beach tourism to improve the welfare of the people of the Traditional Country. Method of Devotion: Legal education activities in Eti country are carried out using a panel discussion method where the presenters present the material in turns, then followed by questions and answers between the presenters and the community.Results of the Devotion: Developing tourism potential in an area certainly requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. With the existence of Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources in Eti Village, West Seram District, Maluku Province, Eti Village can implement it to provide welfare for coastal indigenous communities in the future.

Kekuataan Hukum Perjanjian Lisan Antara Agen Kelapa Sawit Dengan Petani Sihite, Sri Rumada; Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 3 No 1 (2024): April 2024 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v3i1.13047

Introduction: Oral agreements that occur between oil palm farmers and oil palm agents where the agreement is buying and selling oil palm orally. However, there is a problem where the palm oil agent turns out to be in default. This writing is to examine the oral agreement between oil palm agents and oil palm farmers in Teluk Dalam Village. Purposes of the Research: The purpose of this research is to know the legal force of oral agreements between oil palm agents and oil palm farmers in the village of Teluk Pulai. Methods of the Research: The research method is normative juridical with the type of library research and field data. Results Originality of the Research: The results of the oral agreement on the sale of oil palm between the oil palm agent and the oil palm grower which of course this is considered valid due to the fulfillment of the elements and conditions that have been determined. The agreement made must be serious, in good faith and know the provisions of the object, price and capacity between the parties, it is necessary for the parties to comply with these provisions to ensure the validity and enforceability of the sale and purchase agreement in the context of civil law in Indonesia.

Acceleration of Land Rights Certification Through Settlement of Land Tax Obligations Sinaga, Roulinta Yesvery; Kuahaty, Sarah Selfina; Sihite, Sri Rumada; Dyastuti, Risqi Mumpuni
Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i1.2381

Introduction: The Complete Systematic Land Registration Program (SLRP) is a government effort to evenly accelerate the provision of land certificates to the Community. Although the certificate is given free of charge, participants are still obliged to pay Income Tax and Land and Building Acquisition fees (BAT). For participants who cannot pay, a mechanism is provided in the form of a tax debt statement. The challenges include minimal socialization, weak institutional coordination, and administrative obstacles. Therefore, there is a need to simplify procedures and more effective tax education.Purposes of the Research: This study aims to examine the problem of what obstacles are faced by the parties responsible for the settlement of income tax and for land rights applicants, namely building acquisition tax (BAT) in the complete systematic land registration program (SLRP), and analyze how to optimize the settlement of Income Tax and BAT to utilize the land certificates made optimally.Methods of the Research: The research method is an empirical legal method with a qualitative legal approach.Results Main Findings of the Research: The results of this study found obstacles in SLRP, namely the absence of clear and consistent regulations regarding the payment of Income Tax and BAT in the Central Maluku region, the need for increased communication between the Central Maluku Regency Land Office and the Central Maluku Regency Government, and the improvement of apparent socialization regarding Taxes to the Community. Meanwhile, several stages can be carried out to optimize land certificates regarding settlements related to income tax and BAT taxes. Namely, the initial step is to form a team to conduct data collection on applicants for rights that are still owed and to conduct socialization and coordination with other agencies, such as the authorities in collecting Income Tax and BAT taxes owed, to make efforts to jointly seek solutions in optimizing the complete systematic land registration program (SLRP).

Kedudukan Hukum Objek Hak Atas Tanah Atas Perjanjian Pelepasan Hak Atas Tanah Yang Bayar Secara Cicilan Sihite, Sri Rumada
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7508

Introduction: Agreement on the transfer of land rights number 04/L/GGPG/IX/2013 dated September 11, 2013 which became the issue raised by the author. The agreement made in the letter of agreement is a default between the parties who are considered to have owned the land, but it is interesting to see the legal position of the object of land rights on the agreement to release land rights which is paid in installments (study of the supreme court decision 2875/k/pdt/2016. Purposes of the Research: to answer how the legal position of the object of the right to the agreement to release the right to be paid in installments (study of the supreme court decision 2875k/pdt/2016. Methods of the Research: The type of research used is normative juridical research. The nature of this research is descriptive. The data source used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using deductive methods. Results Originality of the Research: The position of the land object is on the seller's side because the conditions for the transfer of the object of land rights to the buyer are not valid in accordance with the provisions of the agrarian law, namely the legal requirements for registering the transfer of land rights.

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