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Journal : PATTIMURA Law Study Review

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.
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.