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All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum Legal Protection for the Partnership Agreement Parties LUTUR Law Journal 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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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.
Kedudukan Hukum Transaksi Jual Beli Tanah Bersertifikat Hak Milik Yang Diblokir Oleh Badan Pertanahan Nasional Teikuar, Yatno Krisando; Uktolseja, Novyta; Radjawane, Pieter
BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 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.v2i2.15973

Abstract

Land ownership rights are marked by a certificate issued by the National Land Agency (BPN), which has strong evidentiary power regarding physical and legal data of the land. This certificate is the initial evidence that can be used by the owner to strengthen his claim of ownership rights to the land. However, this certificate can be blocked by the BPN when there are legal problems, such as demands or claims from other parties, which require the delay of the transfer of rights process until there is a legal settlement. This study aims to examine the legal status of land sale and purchase transactions with land title certificates that are blocked by the BPN and to understand the legal consequences of these transactions. The method used in this study is normative juridical with a literature study approach or secondary data to analyze various relevant regulations and literature. The results of the study show that land sale and purchase transactions with land title certificates but blocked by the BPN are not legally valid. This blockage indicates that there is a dispute or unresolved legal problem on the land, so that all forms of transfer of rights cannot be carried out legally until the block is lifted. As a result, this transaction causes a violation of the law for the parties involved, where the seller cannot transfer his ownership rights, and the buyer is at risk of not obtaining legally recognized ownership rights. On the other hand, transactions that are still carried out on blocked land can end in further legal defense, including a lawsuit for breach of contract from the buyer because the transaction is considered invalid.
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

Abstract

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.
Position of Joint Property in Toba Batak Traditional Marriage Sinaga, Febri Yanti Angela; Radjawane, Pieter
LUTUR Law Journal Vol 6 No 1 (2025): May 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.v6i1.22901

Abstract

Joint property in Batak Toba customs is wealth obtained by both husband and wife since the marriage, both property given as household equipment after the marriage such as panjaean for men and pauseang for women, as well as property from the hard work of husband and wife. Problems occur when the rights of widows who do not have children in the division of joint property in Batak Toba customs often become a problem in family life. This study aims to determine and examine the position of joint property in Batak Toba customary marriages and the procedure for dividing joint property in Batak Toba customary marriages that do not have children. Through normative legal methods with qualitative methods. Based on this study, the position of joint property in Batak Toba customary marriages is basically no separation of joint property and inherited property. All property included in the marriage bond becomes joint property. The position of joint property according to Batak Toba customs in marriage is the joint property of husband and wife. The procedure for dividing joint property in Batak Toba customary marriages that do not have children involves decisions based on customs and family deliberations. Batak Toba customs do not recognize the procedure for dividing by calculation but are based on considerations, considering the form of objects and the needs of the heirs concerned. Batak Toba customs if the husband dies and does not have children, the joint property obtained during the marriage will belong to the husband's family.
Legal Protection of Land Rights Ownership Through the Rechtsverwerking Institution Ahlam, Kim; Laturettte, Adonia Ivone; Radjawane, Pieter
LUTUR Law Journal Vol 6 No 1 (2025): May 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.v6i1.21958

Abstract

Disputes related to land always increase in number to cause many cases, one of which is the ownership of land rights through the concept of rechtsverwerking (Releasing Rights) who have obtained a certificate of land rights, even though the provisions of laws and regulations and in several Supreme Court Jurisprudence have accommodated it, but the party who obtains land rights through the concept in question has not received legal protection against The application of the concept. The research method used in writing this thesis The author uses a normative juridical research method with an analytical descriptive research type of laws and regulations and uses primary, secondary and tertiary sources of legal materials through the procedure of collecting legal materials and analyzing legal materials to obtain conclusions. The results of the study found that the principle of good faith in the ownership of land rights through the concept of rechtsverwerking can be applied to the possession of land by the party who controls the land for a reasonable period of time in a real way with good etiquette, then the person concerned can register it to obtain a certificate of ownership more than 5 (Five) years after it was issued, then the previous owner cannot file an objection and/or claim his rights again, because based on the concept of rechtsverwerking the person concerned is considered to have relinquished his rights or relinquished his rights thus his rights are lost and/or deleted, therefore the ownership of land rights through the concept of rechtsverwerking must receive legal protection. The form of legal protection for the ownership of land rights based on the concept of rechtsverwerking cannot be separated from the issue of justice in the implementation of the law itself. Protection for land rights holders based on rechtsverwerking institutions in the form of preventive protection and repressive protection.
Kedudukan Badan Pertanahan Nasional Sebagai Mediator Dalam Penyelesaian Sengketa Pertanahan Rasmawati, Irma; Laturette, Adonia Ivone; Radjawane, Pieter
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.896

Abstract

Introduction: This study discusses the position of the National Land Agency as a Mediator in Land Dispute Resolution.Purposes of the Research: To find out what factors are faced by the Ambon City National Defense Agency as a Mediator in Land Dispute Resolution, the position of the National Land Agency as a mediator for the parties in resolving land disputes and to find out the position of the National Land Agency as a Mediator to the Parties in Settlement.  Land Dispute. Methods of the Research: This study uses a normative juridical method using a statutory approach, a conceptual approach, and a case approach.Results of the Research: Based on the results of research that the Ambon City National Land Agency (BPN) Office can act as a mediator in land dispute resolution, but sometimes in the settlement there are obstacles which are factors or circumstances that limit, hinder, or prevent the achievement of targets faced between  another: That the court's decision attached to its ruling does not mention the cancellation of the Certificate of Ownership (SHM), and there are also disputes that are not within the authority of the Ambon City BPN to settle.  The position of BPN as a non-ministerial government agency tasked with implementing and developing land administration.  The conclusions and suggestions are: To overcome obstacles in the resolution of land disputes, it is very necessary to have a good administrative device, then the position of the National Land Agency (BPN) acts as a mediator to those in dispute to resolve land disputes/conflicts to the parties to the dispute, the role of the BPN as a mediator. Mediator, then BPN needs to improve Human Resources (HR) and socialize its position related to land settlement.
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 Ahlam, Kim Akyuwen, Rory Jeff Alwi, Lala Badaruddin, Wahdaniah Djokdja, Dwiky Oryza Ibrahim, Kayode Muhammed Latupono, Barzah Laturette, Adonia Ivone Laturette, Adonia Ivonne Laturettte, Adonia Ivone Letsoin, Fransiscus X. V. R Mahrita Aprilya Lakburlawal, Mahrita Aprilya Matuankotta, Jenny K. Rabbani, Ahmad Rafi Rasmawati, Irma Ronald Saija, Ronald Safrin Salam Sinaga, Febri Yanti Angela Talahatu, Roleine Marshin Teikuar, Yatno Krisando Tjoanda, Merry Uktolseja, Novyta Urasana, Yules Moses Walalayo, Isabella