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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum Legal Protection for the Partnership Agreement Parties PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Radjawane, Pieter
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Journal : sasi

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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

Abstract

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
Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Saija, Ronald; Letsoin, Fransiscus X. V. R; Akyuwen, Rory Jeff; Radjawane, Pieter
SASI Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Abstract

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.
Co-Authors Adonia Ivone Laturette Akyuwen, Rory Jeff Alwi, Lala Badaruddin, Wahdaniah Djokdja, Dwiky Oryza Ibrahim, Kayode Muhammed Latupono, Barzah Laturette, Adonia Ivone Laturette, Adonia Ivonne Letsoin, Fransiscus X. V. R Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matuankotta, Jenny K. Rabbani, Ahmad Rafi Rasmawati, Irma Ronald Saija, Ronald Safrin Salam Talahatu, Roleine Marshin Teikuar, Yatno Krisando Tjoanda, Merry Uktolseja, Novyta Urasana, Yules Moses Walalayo, Isabella