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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

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.

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: 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.

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

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.

The Impact of the Hamlet Land Pawn Agreement on the Economic Level of Indigenous Peoples in Negeri Piliana, Maluku Tengah Regency Matuankotta, Jenny K.; Lakburlawal, Mahrita Aprilya; Radjawane, Pieter; Salam, Safrin; Ibrahim, Kayode Muhammed
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1262

This study aims to identify and analyze the hamlet land pawn agreement practice and its impact on the economic level of indigenous peoples in Negeri Piliana, Central Maluku Regency. The method used is sociological juridical research which emphasizes research aimed at obtaining legal knowledge empirically by going directly to the object. The chosen research location was Negeri Piliana, Tehoru District, Central Maluku Regency. The research was conducted using primary and secondary data. The sample selection method used a purposive sampling method. The results of this study indicate that the pawn sales transaction practice in Negeri Piliana, Tehoru District, Central Maluku Regency, has a different concept from the concept according to customary law in general. The pawn sales practice, in this case, is an agreement to give a hamlet (land that has been planted with certain long-lived crops such as coconut, cloves, nutmeg or cocoa) to obtain an amount of money with a mutually agreed repayment period as long as the pawn giver can cover the amount owed along with interest. So that if it is not agreed upon, it can cause the pawn giver as the owner to lose access to the pawned object for an unlimited time, which can impact the economic level of the surrounding community.

Justice for the Rights of the Women's Heirs to the Land of Dati Latupono, Barzah; Radjawane, Pieter; Laturette, Adonia Ivone
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.853

Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives.Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family

Position of Consignment in Land Acquisition Whose Whereabouts Are Unknown Djokdja, Dwiky Oryza; Laturette, Adonia Ivone; Radjawane, Pieter
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2957

Introduction: Consignment as an act of depositing compensation is contained in Article 1 paragraph (9) of the Supreme Court Regulation Number 2 of 2021 and compensation in court is also explained in the Civil Code in Article 1404 of the Civil Code.Purposes of the Research: The purpose of this study is to examine the position of consignment in land acquisition where the whereabouts of the heirs are unknown. This study helps in seeing the procedures and position of consignment in land acquisition for heirs whose whereabouts are unknown.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Findings of the Research: Based on the applicable regulations, the position of the consignment where the position of the consignment that has been entrusted by the land acquisition committee to the district court against the owner and heirs who are unknown or the owner and heirs whose whereabouts are unknown is the full right of those who are unknown so that the consignment must be kept until the owner or heirs appear, so that if the owner and heirs do not appear for a long time it will not change the position of the consignment because it has become the full right of the owner and heirs.

Justice in the Distribution of Inheritance Rights for Indigenous Peoples Radjawane, Pieter; Badaruddin, Wahdaniah
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 7, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i7.3429

Introduction: Based on the law, inheritance is given to people who are related by marriage and blood relations, in customary law communities specifically in the western part of Seram, inheritance is given to adopted or returned children, known as dunale, and the children who come home get two parts, namely the part from the biological parents and the part from the adoptive parents. This causes problems in families who feel unfair in obtaining inheritance rights for certain children.Purposes of the Research: To analyze how an adopted child acquires an inheritance in order to provide justice for other children.Methods of the Research: The method used in this research is the empirical research method. This research was carried out using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the solution to the problem of Justice in the Distribution of Inheritance Rights for Adopted Children in Indigenous Communities in West Seram in the Abio Community, West Seram Regency.Findings of the Research: A home child or dunale is a child who is taken home as a legitimate child of the parents, even though the parents already have children or not, they will take home their grandchildren to be their children, whether from daughters or sons, and these children will receive inheritance rights from the parents who adopted them. Meanwhile, the child's family of origin no longer gets inheritance rights to maintain injustice in obtaining inheritance rights for other heirs from their original parents.

Ganti Kerugian Akibat Wanprestasi Perjanjian Kerja Sama (Bagi Hasil) Kajian KUHPERDATA Alwi, Lala; Tjoanda, Merry; Radjawane, Pieter
KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i2.11618

The breach of contract in a cooperation agreement resulting in losses to the creditor as the capital provider constitutes a breach of contract. Thus, it is necessary to examine the legal relationship between the debtor and creditor, as well as the form of compensation for losses due to the breach of contract in the profit-sharing agreement. This research method is juridical-normative and is descriptive-analytical, utilizing an approach formulated within the results of literature research from primary, secondary, and tertiary legal materials analyzed and examined in a structured assessment. The research results indicate that the legal relationship between the debtor as the fund recipient and the creditor as the fund provider is governed by the cooperation agreement or profit-sharing, regulating the rights and obligations of both parties, including the legal relationship between the debtor and creditor referring to the relationship formed when the debtor takes a loan or receives credit from the capital provider (creditor). This relationship is governed by an agreement/contract that regulates the rights and obligations of both parties, covering various aspects such as the Agreement/Contract Relationship, financing, trust, and supervision relationships. In the event of a breach of promise by the debtor, the consequence in the form of compensation is the debtor's obligation to pay damages arising from the debtor's negligence as regulated in the Civil Code, consisting of three types: costs, losses, and interest. In connection with the above problem, even though the legal terms of lending have been agreed upon in the agreement/contract, the regulation of these legal relationships must also be included in the agreement to prevent future breaches that may cause losses to the capital provider (creditor).

Implikasi Hukum Kreditur Menangkal Pailit Yang Diajukan Debitur Berdasarkan Putusannya Nomor 33/PAILIT/2004/PN. NIAGA.JKT.PST Saija, Ronald; Radjawane, Pieter
KANJOLI Business Law Review Vol 2 No 2 (2024): Desember 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i2.16295

This study aims to understand how the settlement of bankrupt assets is conducted concerning debtors filing for their bankruptcy. The case begins with the debtor's inability to repay their debts, leading them to declare bankruptcy. This research employs a normative juridical approach, prioritizing library research and document analysis to obtain secondary legal materials. The normative approach examines legal regulations related to the issue of legal protection for creditors concerning bankruptcy filed by debtors. Meanwhile, the juridical approach is used to analyze legal facts to address issues related to the protection of creditors' rights in connection with debtors declaring bankruptcy. The Bankruptcy and Suspension of Debt Payment Obligations Act (UUKPKPU), which replaced the previous Bankruptcy Act (UUK), remains insufficient in fully protecting creditors' rights. In the dispute involving PT. Golden Adishoes, there is a lack of clarity regarding the full repayment of debts, particularly when the bankrupt debtor's assets are insufficient to settle all their obligations. This situation implicitly forces creditors to accept that the bankrupt debtor cannot fully repay their debts. Furthermore, there is no explicit guidance or solutions provided for creditors to take action before the bankruptcy petition is filed by the debtor in the Commercial Court.

Perlindungan Hukum Terhadap Hak Masyarakat Hukum Adat Setelah Berakhirnya Hak Guna Usaha Urasana, Yules Moses; Laturette, Adonia Ivonne; Radjawane, Pieter
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 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.v1i1.9904

Legal protection of the Ulayat Rights of the Customary Law Community is the highest tenure right of the customary law community covering all lands as well as those belonging to certain environmental areas. The purpose of this study is to discuss the legal protection of the rights of indigenous peoples after the expiration of the HGU. P.T Waitala in West Seram Regency. The type of research used by the author, in this paper, is Normative Juridical legal research, or doctrinal legal research, which is a legal research that uses secondary data sources. This is done by emphasizing and adhering to juridical aspects. Normative legal research is library research, namely research on secondary data. Results of the Research: Legal protection of the Rights of Indigenous Peoples, is a fundamental right that must be owned by customary law communities, which has been stated in the 1945 Constitution of the Republic of Indonesia Article 18b Paragraph (2) states that "The state recognizes and respects legal community units adat has its traditional rights as long as they are still alive and in accordance with the development of society. No. 5 of 1960 concerning Basic Agrarian Principles (hereinafter abbreviated as UUPA) has recognized the existence of Ulayat Rights. Existing recognition is accompanied by 2 (two) conditions, namely by looking at its existence and how it is implemented. Strictly Article 3 UUPA, explains concretely that Ulayat Rights are recognized "as long as in reality they still exist". Therefore, the legal protection of the rights of indigenous and tribal peoples needs to be emphasized in the State.

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