Laturette, Adonia Ivonne
Unknown Affiliation

Published : 15 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 15 Documents
Search

Hak Waris Atas Tanah Adat Berdasarkan Hukum Waris Adat Sopaliu, Marzan; Laturette, Adonia Ivonne; Lakburlawal, Mahrita Aprilya
BAMETI Customary Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.18160

Abstract

Inheritance law is the law that regulates the transfer and continuation of tangible and intangible property from one generation to the next. The initiation of this procedure occurs throughout the lifetime of the parents. The subjects involved in inheritance distribution are the deceased (testator) and the heirs. The deceased and the heirs have a close relationship due to familial ties. This research aims to examine the inheritance rights over customary land based on customary inheritance law and to understand and explain it. The research uses normative juridical legal research, with primary and secondary legal materials as legal sources. The results of the study show that customary inheritance law is a law that is recognized and respected in its implementation, but the registration of inheritance transfers of land based on customary inheritance law cannot be fully carried out. The position of heirs in the inheritance distribution in Hila Village is passed down only to male children, while female children only have the right to enjoy the land, such as through farming, but are not considered heirs as long as there are male children.
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.
Responsibility of the Land Assessor for the Results of the Assessment in Land Procurement Ameliyani, Riza; Laturette, Adonia Ivonne; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol. 6 No. 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2270

Abstract

Introduction: The process of assessing land acquisition for the public interest by the appraisal whose price is then deliberated and determined as the value of the amount of compensation, but there is a lack of transparency in determining the amount of compensation by the appraisal. Where appraisal is an independent institution.Purposes of the Research: The purpose of this article is to review and analyze the form of land appraiser's accountability in assessing land values for public interest.Methods of the Research: This study uses normative legal research. As primary legal materials, namely the 1945 Constitution of the Republic of Indonesia, Law Number 5 Number 1960 concerning the Basic Agrarian Law, Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest, Government Regulation Number 39 of 2023 concerning the Implementation of Land Acquisition for Development in the Public Interest.Results Main Findings of the Research: This study concludes that the legal force of the results of the public appraiser's assessment report in land acquisition for public interest is final, meaning that the government and/or agencies that require land owned by the community pay according to the assessment results and close the space for deliberation regarding the amount and quantity, limited to deliberation regarding the form of compensation (Article 31 paragraph 1 and Article 34 of Law Number 2 of 2012). Meanwhile, the responsibility of land appraisers in assessing land values that are not in accordance with the principles of land acquisition that can harm one party and cause disputes between the parties involved in it can be subject to administrative sanctions and/or criminal sanctions.
Breach of Contract by The Owner of a Multilevel Marketing Business in International Transactions Sihite, Sri Rumada; Laturette, Adonia Ivonne; Labetubun, Muchtar Anshary Hamid
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3868

Abstract

Introduction: A multilevel business owner who breaches a promise, or in other words, commits a breach of contract in international transactions, is proven to have breached a promise in this study. This study examines whether the breach of contract by multilevel business owners in international transactions is a deliberate act, a legal act, or the result of information asymmetry, differences in regulations between countries, and weak oversight of multilevel business schemes that fall under jurisdictional authority.Purposes of the Research: To examine the rights of multilevel marketing members in cases of breach of contract by multilevel marketing business owners who fail to fulfill their obligations, or, in other words, in international transactions, as well as the legal consequences of such transactions.Methods of the Research: The research method used is the normative legal method, employing a legislative and conceptual approach.Results of the Research:  Breach of contract by multi-level business owners in international transactions, where such owners have been found to potentially commit breach of contract in the form of a breach of promise—specifically, by failing to pay bonuses or commissions in accordance with the promised scheme to cross-border recipients. The legal consequences of breach of contract refer to Article 1243 of the Civil Code, namely compensation, cancellation of the agreement accompanied by compensation, transfer of risk, and payment of legal costs, but in an international context. The affected members face challenges in the form of a conflict of laws when the contract does not specify a clear choice of law. In this case, compensation is sought in the form of monetary damages.
Legal Study of Energy Management and Environmental Conservation in the Islands Region Based on Human Rights Tianotak, Nasarudin; Tjoanda, Merry; Laturette, Adonia Ivonne; Latupono, Barzah; Ariani, Nevey Varida
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/g4t56p74

Abstract

Equal distribution of energy is still not truly realized for communities in remote areas in island provinces, especially Maluku. The reality shows that recht idee is still part of the long struggle of Indonesian society, especially in eastern Indonesia. Scientific studies regarding energy justice are a relatively new object of study. In fact, legal research regarding the influence of island cluster development on energy distribution in archipelagic provinces has never been carried out before. For this reason, this research was carried out to answer legal problems related to the design of equitable energy fulfillment based on human rights. The research method used is normative juridical research. Based on the research, it was found that fair energy management in fulfilling human rights in archipelagic provinces should be based on the application of norms and the aim of establishing norms in the context of protecting human rights and humanitarian aspects based on the principles of: (1) The principle of equality; (2) Community participatory principles; (3) transparent principle; (4) principles for implementing the protection of Human Rights; (5) the principle of justice in regulations for island provinces; (6) Principles of utilizing renewable technology and resources.