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All Journal Pattimura Law Journal Batulis Civil Law Review PAMALI: Pattimura Magister Law Review LUTUR Law Journal PATTIMURA Law Study Review SASI BAMETI Customary Law Review
Laturette, Adonia Ivonne
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Law, Crime, Criminology & Criminal Justice

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ULAYAT RIGHT OF CUSTOMARY LAW COMMUNITY Laturette, Adonia Ivonne
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

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Abstract

Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.
Rights and Position of Home Children In The Sanahu Community of West Part of Seram District Latupono, Barzah; Laturette, Adonia Ivonne; Radjawane, Pieter
Batulis Civil Law Review Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v4i2.1840

Abstract

Introduction: The offspring of a husband and wife being taken as children for another family, whether close relatives or distant relatives based on an agreement which of course gives rise to the rights and position of the adopted child, for this reason it is necessary to establish the rights and position of the child. so it won't cause problems in the future.Purposes of the Research: To find out and analyze the rights and position of returning children in the Sanahu Community, West Seram Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the rights and position of returning children in the Sanahu Community, West Seram Regency. The workings of the empirical juridical or sociological juridical method in this research proposal, namely from the results of collecting and discovering data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts existing in society.Results of the Research: The results of the research show that the rights and position of children returning home in the Sanahu Community of West Seram Regency are regulated based on customary rules that developed in Sanahu Village where adopted children will be classified as legitimate children of the parents who adopted them and have the position of biological children so that they have the right to the inheritance of that person. The parents adopted him, but the assets he inherited were only the joint assets of his adoptive parents. The child's inherited assets did not have the right to inherit them.
Penyelesaian Pembayaran Kredit Di Bank Akibat Meninggalnya Penerima Kredit Waas, Ferdy; Laturette, Adonia Ivonne; Haliwela, Nancy Silvana
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.v5i1.13260

Abstract

In the Ambon District Court Decision, Number 84/Pdt.G/2019/PN.Amb, where the debtor on behalf of Alice de Fretes entered into an agreement credit with PT Bank Mandiri Ambon branch with collateral, namely 4 Certificates of Ownership, but over time the debtor did not make payments due to the debtor's death. Therefore, the Bank gave a warning to the heirs to continue paying the debtor's property, but they did not respond well. This writing aims to find out and explain credit settlements at banks due to the death of debtors. This paper uses a research method that is normative, namely research that is focused on providing a systematic explanation that regulates a particular category. The approach to the problem is the statute opproach and the conceptual approach and case approach. The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field. The results obtained form this writing are. Credit settlement at banks due to the death of the debtor is though consumer complaints or alternative Indonesia banking dispute resolution institutions. If the two options clearly fail to reconcile creditor dan debotrs, the dispute will be resolved through a simple lawsuit mechanism as a las resor or through litigation.
Perlindungan Hukum Terhadap Pemegang Hak Eigendom Verponding Setelah Berlakunya Undang-Undang No 5 Tahun 1960 Rabbani, Ahmad Rafi; Laturette, Adonia Ivonne; Radjawane, Pieter
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13768

Abstract

ABSTRACT: Eigendom verponding is the right to land ownership which must be adjusted through the conversion provisions of the Basic Agrarian Law. The conversion was given a period of time until September 24, 1980. In practice, there is still recognition of land ownership of the former eigendom verponding which then occurs disputes over the land. Formulation of the problem in the study: . What is the legal status of unconverted eigendom verponding land. What is the legal protection for eigendom verponding land rights holders used by the government. The research method used is normative juridical, using a problem approach, namely a statutory approach, a conceptual approach and a case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials used is the study of literature, journals, internet media, which is analyzed using qualitative methods. The results showed that legal protection for holders of land rights former eigendom verponding after the enactment of Law No. 5 of 1960 proof of ownership has not been converted until the period expires. But in Government Regulation No. 24 of 1997 concerning Land Registration, it is clear that until now the conversion of eigendom land can still be done through registration of old rights, so that its status changes to property rights. Efforts to resolve cases of ownership of eigendom verponding rights can be resolved in two ways, namely: litigation or non-litigation.
Wanprestasi Pelaku Usaha Atas Hadiah Dalam Jual Beli Online Rajalabis, Madeline A; Laturette, Adonia Ivonne; Kuahaty, Sarah Selfina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13777

Abstract

ABSTRACT: Default is an act that violates an agreement between two parties. If neither party is able to fulfill its obligations arising from the existing contract, such action may be considered a breach of contract. This is regulated in Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions. The research method used in this research is normative research carried out using a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials in this research is by reading and reviewing various kinds of literature related to the research problem and directly related to the problem being studied. Based on the results of this research, consumers have the right to claim losses in buying and selling transactions for the promised gifts which are not fulfilled, so consumers have the right to make a claim for the promised gifts, because the promised gifts did not reach the buyers. Forms of legal protection for buyers against default are divided into two. Namely, preventive and repressive
Penerapan Sistem Perjanjian Kerja Waktu Tertentu Dalam Perspektif Hukum Positif Indonesia Ilela, Yudith; Laturette, Adonia Ivonne; Kuahaty, Sarah Selfina
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.v4i2.2144

Abstract

Introduction: Indonesia, as a country under the rule of law, upholds the principle of equality before the law. This principle is also applied in the freedom to contract, which requires a valid agreement to meet four conditions: agreement, competency, specific object, and lawful cause. The Fixed-Term Employment Agreement is a form of employment relationship between employers and workers that suffers from shortcomings in its implementation. Many employers do not understand the rules, leading to deviations in practice.Purposes of the Research:  The aim of this research is to examine and analyze the implementation of the Fixed-Term Employment Agreement system from the perspective of positive law in Indonesia.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) and conceptual approach (conceptual approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the research results, it is shown that the protection of workers in Fixed-Term Employment Agreements  is not optimal in its implementation due to frequent violations. This is attributed to the unclear regulations regarding the application of The Fixed-Term Employment Agreement, particularly concerning types of work that are one-time, temporary, seasonal, or related to new products. Furthermore, the lack of government supervision in the The Fixed-Term Employment Agreement creation process enables employers to easily violate regulations without legal repercussions.
Status Tanah Hak Erfpacht Yang Diperjualbelikan Tuanaya, Firda Hawa; Laturette, Adonia Ivonne; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16082

Abstract

Land ownership rights in Indonesia are very diverse, one of which is erfpacht rights. Erfpacht rights are rights to foreign land that have been in effect in Indonesia since colonial times, and were later changed to business use rights and building use rights. In accordance with the law, erfpacht land cannot be transferred to heirs or other parties. After the erfpacht right holder dies, the right to the land ends and the rights are returned to the state. Because, only the right holder has the authority to convert the land, and it cannot be converted by anyone else. So based on the problems above, this research will discuss whether the status of erfpacht land rights that have expired can be traded to other parties, as well as what are the legal consequences of the status of erfpacht land rights being traded. This legal research uses a normative juridical approach using primary, secondary and tertiary legal materials. Collection of legal materials is carried out through literature study and processing. Analysis of legal materials was carried out using a descriptive method using a qualitative approach. Based on the research results, it was concluded that erfpacht rights could be transferred (sold) to other parties and could be subject to mortgage (used as collateral to obtain loans from banks). Erfpacht rights can also be returned to the state, and can be revoked if they do not fulfill the conditions set out in the agreement.
Penyelesaian Sengketa Tanah Petuanan Antara Marga Walalayo Negeri Hatu Dan Negeri Saunulu Kecamatan Tehoru Kabupaten Maluku Tengah Walalayo, Isabella; Laturette, Adonia Ivonne; Radjawane, Pieter
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16083

Abstract

The rights of a legal partnership over the land around its environment are known as Ulayat Rights which is the highest right to land owned by a legal association (Tribe, State, or Village) where the members of the community (legal association) have the right to control it and in its implementation it is regulated by the heads of the alliance (Tribal Head, King or Village Head) concerned. This research aims to examine the regulation of customary rights land boundaries according to customary law and how to resolve disputes over clan land rights that border between one country and another. The research method used is a type of Normative Legal research, namely library research or document study. The results of this research show that resolution of a dispute can be done in two ways, namely through litigation (in court) and through non-litigation (outside court). Based on the results of the author's research, historically the ownership of customary rights controlled by the Walalayo clan of Negeri Hatu has existed since the time of the ancestors from 1620, but in 2016 the people of Negeri Hatu planned to clear the land to make plantations but this was prohibited by the Sounolu State because the Sounolu State through the Chief The village claimed that the customary rights belonged to them because this ultimately resulted in a dispute and led to conflict between the two countries. In resolving the dispute in question, it was resolved through mediation through the Central Maluku Regency Police Department until there was a judge's decision regarding the resolution of the dispute, but both parties still maintain their respective rights so that to date the dispute over the owner of the customary land has not been resolved.
Legal Protection for Indigenous Peoples for the Masela Block Gas Infrastructure Laturette, Adonia Ivonne; Sainyakit, Sri Ayu Junita
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1294

Abstract

Introduction: Customary law communities can own land rights, including the customary law community of Latdalam Village who have rights over land called land owned by relatives/soa whose control rights are carried out jointly.Purposes of the Research: This writing aims to determine the existence of the customary law community over Soa Olusi's land and the legal protection of the customary law community of Latdalam Village over Soa Olusi's land rights in the framework of the development of the Masela Block liquefied natural gas infrastructure.Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: Based on the results of the study, the land rights of the Soa Olusi customary law community in Latdalam Village are considered to still exist and are recognized in accordance with Act number 5 year 1999 article 2. And the process of transferring land rights belonging to Soa Olusi through buying and selling has an invalid legal status / legal defect because it does not comply with applicable procedures according to applicable customary law and Indonesian law. In relation to development for the public interest, the government must provide compensation and recognition of those who have land rights, namely Soa Olusi, and if the government is wrong or wrong in providing compensation and recognition, then there is legal protection for the Soa Olusi community, namely preventive legal protection. and repressive legal protection.
The Influence of Island Group Development on the Fulfillment of Equitable Energy Tianotak, Nasarudin; Tjoanda, Merry; Laturette, Adonia Ivonne; Latupono, Barzah
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.v6i1.21958

Abstract

Article 18A paragraph (1) of the 1945 Constitution also stipulates that: The authority relationship between the central government and provincial, district and city regional governments, or between provinces and districts and cities, is regulated by law taking into account regional specificities and diversity. Seeing the importance of marine areas above, the Indonesian government should have a legal policy for developing marine areas. One of the island groups that can be found in Indonesia is located in Maluku. However, this goal of being a state cannot be fully realized, because a number of regions in the archipelagic region do not receive fair and harmonious treatment with other regions. To answer legal issues, researchers use normative juridical research. The research approaches used are the Legislation Approach, Comparative Approach, Conceptual Approach. The development of island groups towards the fulfillment of equitable energy in archipelagic provinces is carried out by formulating national energy policies which include energy availability for national needs, energy development priorities, utilization of national energy resources and national energy buffer reserves, energy supply policies and priorities for energy and reserve development. National Energy Administration is directed at ensuring the security of the national Energy supply through the proportional use of Energy Resources, both non-fossil Energy Resources such as geothermal, biomass, water flow and waterfall power, solar power, wind power, nuclear power, movement power and temperature differences in sea layers, as well as fossil Energy Resources such as petroleum, coal, natural gas, coal methane gas.
Co-Authors Ganggas, Fansiska Vivi Haliwela, Nancy Silvana Ilela, Yudith Kuahaty, Sarah Selfina La Ode Angga Latupono, Barzah Mahrita Aprilya Lakburlawal, Mahrita Aprilya Melay, Adrin Stevani Nancy Silvana Haliwela Rabbani, Ahmad Rafi Radjawane, Pieter Rajalabis, Madeline A Sainyakit, Sri Ayu Junita Sopaliu, Marzan Talahatu, Roleine Marshin Tianotak, Nasarudin Tjoanda, Merry Tuanaya, Firda Hawa Uktolseja, Novyta Urasana, Yules Moses Waas, Ferdy Walalayo, Isabella