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All Journal Pattimura Law Journal Batulis Civil Law Review PAMALI: Pattimura Magister Law Review Balobe Law Journal Legal Protection for the Partnership Agreement Parties LUTUR Law Journal PATTIMURA Law Study Review SASI BAMETI Customary Law Review
Laturette, Adonia Ivonne
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Kedudukan Hak Ulayat Masyarakat Hukum Adat Untuk Kepentingan Investasi Talahatu, Roleine Marshin; Laturette, Adonia Ivonne; Radjawane, Pieter
BAMETI Customary Law Review Vol 2 No 1 (2024): Juni 2024 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.v2i1.13285

Abstract

Recognition of the customary customary rights of indigenous peoples has been recognised in the 1945 Constitution of the Republic of Indonesia, thus it is not explicitly mentioned in the PA Lawon customary rights or lordship rights, but nevertheless itrecognizes and respects the position of customary rights or lordship rights or the implementation of its management for investment purposes derived from state land and customary land are regulated in government regulations which are the implementation of the Job Creation Law, but in reality still cause disputes and / or conflicts antara mcommunity hukum adat with Investors related to Investment, this is the author's concern to study it in writing this thesis. The research method used in writing this thesis uses the normative juridical method. The results of the study found that, the position of customary rights is not state land but customary rights are a right to land that is different from other land rights, so that the arrangement and management for investment interests derived from customary rights to obtain customary law community land to carry out their business activities must not cause problems to local customary law communities so that the determination of customary rights into management rights is a form of state recognition of the customary rights of indigenous peoples. The purpose of the government regulation on management rights is to make it easier for investors to get land to invest because with the availability of land, investors can manage land to run their business, but in reality the management rights of land derived from customary rights of customary law communities for investment by entrepreneurs or companies still cause problems for local customary law communities. Given that the position of customary rights of customary law communities in reality still exists, related to its management derived from customary rights or customary land, customary law communities are expected to the government to the existence of customary rights or customary land, besides that there is also a need for the involvement of indigenous peoples in the implementation of investment activities and for the smooth implementation of investment activities, the Central Government and local governments may grant permits to investors to operate in the area where the investment object is located but there is also a need for the involvement of Customary Law Peoples through contracts or agreements with investors that must be carried out.
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.
Land Procurement for the Public Interest Ganggas, Fansiska Vivi; Laturette, Adonia Ivonne; Angga, La Ode; Latupono, Barzah
LUTUR Law Journal Vol 6 No 2 (2025): November 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.v6i2.22013

Abstract

The construction of various public facilities and other infrastructure requires land in large quantities and varying in size depending on the needs of a region. At the same time, as the population increases, there is less and less land available, and because the State does not have land for the construction of various public facilities and other infrastructure for the public interest mentioned above, efforts are needed to procure land for the construction of various public facilities and infrastructure. This research is a normative legal research, using a problem approach that includes the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach) as well as the case approach. With the statutory approach (statute approach) it is intended that as a legal research, the answer to the legal issue of this research uses related statutory regulations, and with these statutory regulations the relationship between one regulation and another can be analyzed as an inseparable series, especially statutory regulations related to the land acquisition process on customary lan. Public land acquisition for the benefit of objects with customary land ownership is customary land acquisition for the public interest that involves the recognition of customary rights through a deliberation process and appropriate compensation, based on the principles of humanity, justice, and welfare. The implementation of this land acquisition is regulated by Law Number 2 of 2012 and its implementing regulations, which mandate the involvement of customary law communities, customary leaders, and relevant agencies in the planning process through to the transfer of land rights.
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.
LAYERED HYBRID MODEL IN CRIMINAL RESOLUTION: Integrating Epkeret and State Law Under Legal Pluralism in Indonesia Saimima, Judy Marria; Laturette, Adonia Ivonne; Titahelu, Juanrico Alfaromona Sumarezs; Akyuwen, Rory Jeff
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2180

Abstract

The ratification of the New Criminal Code (Law No. 1 of 2023) marks a paradigm shift towards restorative justice by recognizing the fulfillment of customary obligations as a valid criminal sanction. However, the absence of procedural technical guidelines creates a significant gap in the integration of customary law into the formal justice system, which could lead to legal uncertainty. This study aims to develop an operational framework using a “Layered Hybrid Model” to bridge customary criminal law and state law without violating human rights. Using sociological-legal methods and empirical data from South Buru Island, Maluku, as well as comparative analysis of customary courts in New Zealand and Canada, this study formulates a two-tiered mechanism. The first tier places customary law (Epkeret) as the primum remedium for social restoration, while the second tier establishes state law as the ultimum remedium for serious crimes. This article offers the first operational institutional design for customary criminal justice in Indonesia by proposing a State-Community Validation Forum as a constitutional filter mechanism. This model encourages a transition from weak legal pluralism to “strong and controlled legal pluralism,” ensuring that customary justice is constitutionally valid and operationally applicable in a modern criminal justice system. 
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, Pattimura University

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.
Co-Authors Akyuwen, Rory Jeff Ameliyani, Riza Ganggas, Fansiska Vivi Haliwela, Nancy Silvana Ilela, Yudith Kuahaty, Sarah Selfina La Ode Angga Latupono, Barzah Mahrita Aprilya Lakburlawal, Mahrita Aprilya Melay, Adrin Stevani Muchtar Anshary Hamid Labetubun Nancy Silvana Haliwela Rabbani, Ahmad Rafi Radjawane, Pieter Rajalabis, Madeline A Saimima, Judy Marria Sainyakit, Sri Ayu Junita SIHITE, SRI RUMADA Sopaliu, Marzan Talahatu, Roleine Marshin Titahelu, Juanrico Alfaromona Sumarezs Tuanaya, Firda Hawa Uktolseja, Novyta Urasana, Yules Moses Waas, Ferdy Walalayo, Isabella