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Laturette, Adonia Ivonne
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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
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.
Pelaksanaan Lelang Eksekusi Atas Hak Tanggungan Akibat Kredit Macet Pada Bank Melay, Adrin Stevani; Laturette, Adonia Ivonne; Haliwela, Nancy Silvana
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.v3i2.23085

Abstract

The implementation of the execution auction of mortgage rights due to bad debts at the bank which is carried out in accordance with Article 6 Number 4 of Law 1996 concerning Mortgage Rights involves complex legal procedures in the context of credit agreements. In this context, the credit given to CV. Dumai Putra Riau experienced problems due to bad debts, which led to the collateral auction process. The auction process carried out on March 19, 2015 showed that the collateral sale value was insufficient to cover all of the debtor's debts, leaving a remaining debt of IDR. 29,000,000.00. This happened because of the poor physical condition of the collateral, including damage to the building and a non-strategic location. From a legal perspective, this case reflects the responsibility that arises due to negligence, as regulated in Article 1366 of the Civil Code. The type of legal research used is normative juridical, which is carried out by examining legal principles and concepts, as well as laws and regulations. The legal research method used refers to primary, secondary, tertiary legal materials, with a statutory approach and a conceptual approach as well as the collection and analysis of legal materials. The purpose of this research is to find out the implementation of the auction of the execution of mortgage rights and the debtor's responsibility due to bad credit at the bank. The results of the study indicate that transparent law enforcement and a deep understanding of rights and obligations are the keys to avoiding legal disputes in the banking world and debtors remain legally obliged to settle the remaining debts that have not been covered by the auction results. In line with responsibility based on errors, even though the collateral has been auctioned, the debtor remains legally obliged to settle the remaining debts that have not been covered by the auction results. Related to the results of the execution of mortgage rights that are not sufficient in paying off debts, the bank or creditor can execute other assets belonging to the debtor. This is of course related to Article 1131 of the Civil Code, but in executing other assets outside the collateral in terms of debt repayment, a lawsuit should be filed first in terms of fulfilling the repayment of the remaining receivables that have not been paid in court.
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 Tuanaya, Firda Hawa Uktolseja, Novyta Urasana, Yules Moses Waas, Ferdy Walalayo, Isabella