Articles
<![CDATA[Kedudukan Bezitter Terhadap Objek Warisan ]]>
<![CDATA[Ruff, Elis]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16062
<![CDATA[Inheritance law is part of marriage law. This relationship occurs because inheritance law regulates how a person's property and wealth will be distributed to the heirs. The inheritance process will refer to the transfer of property from heirs to heirs. The law authorizes the heirs to own the right to inheritance. Inheritance that has no heirs will be under the control of the heritage hall, in the Indonesian Civil Code Material rights, namely, Bezit, Eigendom, and material rights over other people's property, will be exercised by Bezitter after that, where Bezitter who has good faith has the right to acquire ownership of the object. The possession of an inheritance by a Bezitter can occur if the heirs do not exist or are unable to perform their rights and obligations. This refers to the application of the principle of expiration, to study and discuss the right of bezitter to the object of inheritance and to discuss the legal consequences of the object of inheritance that is leased to other parties. The legal research method used in examining this problem is normative juridical, which is based on primary, secondary, and tertiary legal materials, and uses a statute approach and a conceptual approach. The result of this writing explains that Bezitter's position on the control of an inheritance according to Article 1185 can be done if, a Bezitter who has in good faith has managed and cared for an inheritance for a long period of time (verjaring) is allowed to control an inheritance if the heirs are unable to exercise their rights and obligations. Legal protection can be done by implementing relevant laws and regulations as a preventive step in maintaining security and law enforcement.]]>
<![CDATA[Status Tanah Hak Erfpacht Yang Diperjualbelikan ]]>
<![CDATA[Tuanaya, Firda Hawa]]>;
<![CDATA[Laturette, Adonia Ivonne]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16082
<![CDATA[Land ownership rights in Indonesia are very diverse, one of which is erfpacht rights. Erfpacht rights are rights to foreign land that have been in effect in Indonesia since colonial times, and were later changed to business use rights and building use rights. In accordance with the law, erfpacht land cannot be transferred to heirs or other parties. After the erfpacht right holder dies, the right to the land ends and the rights are returned to the state. Because, only the right holder has the authority to convert the land, and it cannot be converted by anyone else. So based on the problems above, this research will discuss whether the status of erfpacht land rights that have expired can be traded to other parties, as well as what are the legal consequences of the status of erfpacht land rights being traded. This legal research uses a normative juridical approach using primary, secondary and tertiary legal materials. Collection of legal materials is carried out through literature study and processing. Analysis of legal materials was carried out using a descriptive method using a qualitative approach. Based on the research results, it was concluded that erfpacht rights could be transferred (sold) to other parties and could be subject to mortgage (used as collateral to obtain loans from banks). Erfpacht rights can also be returned to the state, and can be revoked if they do not fulfill the conditions set out in the agreement.]]>
<![CDATA[Utilization and Management of Marine Resources in the Coastal Area Based On Regional Autonomy ]]>
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ SASI Volume 28 Issue 1, March 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i1.748
<![CDATA[Introduction: In the current development planning efforts, the management of small islands faces various threats, both from the ecological aspect as well as from the social aspect.Purposes of the Research: This study aims to examine and analyze strategies and policies for the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency, as well as the obstacles to the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency.Methods of the Research: This study uses the sociolegal method with primary data and secondary data analyzed descriptively. This research is directed to be able to study and analyze the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency.Results of the Research: There are several strategies carried out by the local government through the Fisheries and Marine Service of the Aru Islands Regency, namely providing assistance to the community, collaboration with the Ministry of Maritime Affairs and Fisheries, as well as the Aru Islands Regency Regional Government in improving facilities and infrastructure, especially in the fisheries and marine sector, quality improvement human resources through training in the field of fisheries, as well as collaboration with the Ministry of Maritime Affairs and Fisheries to provide scholarships for fishermen's children to study and study at educational institutions under the auspices of the ministry of fisheries. Obstacles in implementing the utilization and management of the abundant marine resource potential in the Aru Islands are limited facilities and infrastructure to manage and utilize the potential of marine resources owned, weak market share, still controlled by strong investors (market monopoly) by strong investors, so that the community is not able to compete, the quality of human resources both local governments and the community in terms of managing and utilizing marine resources owned is also very low, there is still a lack of assistance from the government and the Department of Marine Affairs and Fisheries so that the management and utilization of marine resources is still not optimal, The difficulty of Vulnerability of control on the outermost small islands of the Aru Islands.]]>
<![CDATA[Implementation of the Customary Law System in Criminal and Civil Law Enforcement in Coastal Communities ]]>
<![CDATA[Wadjo, Hadibah Zachra]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v5i1.2459
<![CDATA[Introduction: Customary law plays a crucial role in resolving various social conflicts and maintaining justice within the local context.Purposes of the Research: The objective of this article is to examine the role of customary law in resolving criminal and civil disputes within the coastal communities, focusing on the practices of customary law in Negeri Tamilouw, Maluku.Methods of the Research: This research employs a normative-empirical approach, combining literature analysis of customary law with direct observation of its application in the Tamilouw community.Results Main Findings of the Research: The findings of the study show that customary law in the Land of Tamilouw plays an important role in resolving social conflicts through restorative approaches. Communities prefer customary deliberation to taking cases to formal courts, despite challenges in customary law recognition of national law. Customary law is also effective in resolving civil disputes, such as inheritance and property rights, based on local cultural norms.]]>
<![CDATA[Putusan Terkait Sengketa Hak Atas Tanah Warisan ]]>
<![CDATA[Pieris, Flourensya Lyventriz]]>;
<![CDATA[Latupono, Barzah]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19715
<![CDATA[Land disputes are unavoidable in today's era, this is due to the various very high land needs while the number of land plots is limited. Land dispute resolution is an effort to resolve land disputes between parties who feel disadvantaged. sIn accordance with the problems raised, the type of research used in this paper is normative legal research. Legal research is the process of discovering legal rules, legal principles, and legal doctrines in order to answer the legal questions faced. This paper is made with the problem of land dispute resolution and also the considerations and legal basis of judges in deciding cases. This study aims to resolve disputes. Legal approach, sources of legal materials include primary, secondary and tertiary data sources and normative research methods. The results of the study show how the dispute can occur because the defendants have taken over/taken over the disputed land of 12 HA. Therefore, the plaintiff filed a lawsuit against the defendants at the Ambon District Court. Article 171 of the Civil Code states that: Inheritance law is the law that regulates the transfer of ownership rights to inherited property from the testator then determines who is entitled to be the heir and determines how much each portion is, it is clear that by referring to the Civil Code it explains that everyone has the right to be an heir to every asset left by a subject who has a legal relationship that is legally family and/or property law which in essence has a close relationship between the testator and the intended heir.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum ]]>
<![CDATA[Simamora, Van Basten]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19721
<![CDATA[Land procurement is the process of providing land for development purposes by offering fair and just compensation to the entitled parties. The land acquisition process is carried out through the relinquishment of rights by the landowner to the institution that requires the land. In an effort to ensure land availability, the government often has to take land from the community for the smooth progress of development for the public good. This is due to the limited land owned by the government, but in its implementation, such actions should not harm the landowners. Therefore, the government is obliged to provide appropriate and fair compensation, so as to support the improvement of the community's quality of life. The purpose of this research is to evaluate and analyze the legal protection provided to certificate holders related to land acquisition conducted by the government for public interest. The method used in this research is normative juridical with a descriptive-analytical research type, relying on primary, secondary, and tertiary legal sources. The analysis of legal materials is conducted using appropriate analytical methods. The results of the research on legal protection for certificate holders of ownership rights in land acquisition for development aimed at public interest show that the regulations and legal protection related to compensation for land rights holders are governed by Article 33 paragraph 1 of the 1945 Constitution, Article 24H paragraph 4 of the 1945 Constitution, the Basic Agrarian Law No. 5 of 1960, and Law No. 2 of 2012 on Land Acquisition. If an agreement on compensation cannot be reached between the landowner and the party requiring the land, the compensation will be deposited in the local district court through a judicial process known as consignment. In the implementation of consignment, it is important to prioritize the Principle of Caution and the Principle of Respect for the Rights of Former Land Rights Holders in accordance with Presidential Regulation Number 39 of 2023, which amends Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Public Interest.]]>
<![CDATA[Kewenangan Pemerintah Daerah Terhadap Penertiban Tanah Terlantar ]]>
<![CDATA[Halirat, Novanda]]>;
<![CDATA[Nendissa, Renny Heronia]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.19747
<![CDATA[Objects located on land above the surface of the earth have the right to regulate them. This is in accordance with the mandate of the provisions of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Land can function well or have no right to use depending on how responsible the government and society are in managing the land. However, in reality there is a major polemic that arises regarding state land that is given to rights holders that are not used properly or are neglected for years. The purpose of this study is to determine and discuss the authority of the regional government in handling abandoned land and the form of legal protection for rights holders of abandoned land. The research method used in this writing is the normative legal research method with a statutory approach, case approach and conceptual approach, to answer the problems raised. The results of this study are that the Authority of the Regional Government in Handling Abandoned Land is carried out by the Head of the BPN Regional Office assigning the Head of the Land Control and Community Empowerment Division as the coordinator to prepare data and information regarding land indicated as abandoned (based on Article 8 paragraph (2) of the Regulation of the Head of the BPN RI No. 4 of 2010). For the implementation of data and information preparation activities in the field (land rights objects/basis for land control), the Head of the BPN Regional Office notifies the rights holders in writing that within a specified time, identification and research will be carried out until the stage of determining abandoned land. And the form of legal protection for rights holders of abandoned land is carried out both preventively and repressively. However, the most effective form of legal protection to be applied to this problem is the form of repressive legal protection on the grounds that there have been many violations of land abandonment in various regions in Maluku, one of which is Kandar Village. So that in order to strengthen land regulations, it is necessary to enforce repressive legal protection in the form of written warnings, administrative fines to pay compensation, revocation and transfer of land rights, and supervision of land control. With this, there is legal certainty that can be provided for the state, government and other communities who need land and their rights can be fulfilled based on the rule of law.]]>
<![CDATA[Reintegrasi Sosial: Persiapan Hidup Pasca-Penahanan (Fokus Asimilasi, Remisi, dan Keterampilan Hukum untuk Kembali ke Masyarakat) ]]>
<![CDATA[Kesaulya, Clara]]>;
<![CDATA[Lawalata, Maher Syalal]]>;
<![CDATA[Wattimena, Ricky M.]]>;
<![CDATA[Wattimena, Rovsky Asyer]]>;
<![CDATA[Manery, Nugrah Gables]]>;
<![CDATA[Pratiwi, Dita Ayudia]]>;
<![CDATA[Yanlua, Muh Akbar]]>;
<![CDATA[Uktolseja, Novyta]]>;
<![CDATA[Rumangun, Johan P. E.]]>;
<![CDATA[Mantaiborbir, Rocky S.]]>;
<![CDATA[Gardjalay, Hery A.]]>
<![CDATA[ ABDI NUSANTARA: Jurnal Pengabdian Kepada Masyarakat Vol. 1 No. 2 (2025): ABDI NUSANTARA: Jurnal Pengabdian Kepada Masyarakat ]]>
Publisher : <![CDATA[PT Media Edukasi Nusantara ]]>
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DOI: 10.64198/abdinusantara.v1i2.24
<![CDATA[Reintegrasi sosial merupakan proses penting bagi narapidana setelah menjalani masa hukuman, khususnya dalam hal adaptasi sosial saat kembali ke masyarakat. Kegiatan ini bertujuan meningkatkan pemahaman warga binaan pemasyarakatan (WBP) terkait hak-hak pasca-bebas serta aturan hukum yang berlaku. Metode pelaksanaan terdiri dari empat tahap: identifikasi kebutuhan melalui survei dan wawancara; pemberian materi tentang hak-hak WBP dan pemahaman hukum; sesi tanya jawab dan diskusi; serta evaluasi melalui pretest dan posttest. Hasil menunjukkan peningkatan pemahaman hukum peserta sebesar 50%. Reintegrasi sosial tidak hanya berdampak pada individu, tetapi juga pada pembentukan masyarakat yang lebih adil dan manusiawi. Dukungan dari negara, masyarakat, dan keluarga berperan penting dalam mengubah mantan narapidana menjadi agen perubahan positif. Dengan membangun ekosistem yang inklusif dan suportif, diharapkan mata rantai kejahatan dapat diputus, menciptakan masa depan yang lebih baik.]]>
<![CDATA[Kekuatan Hukum Covernote Notaris Dalam Proses Takeover Perjanjian Kredit ]]>
<![CDATA[Sean, Cedric]]>;
<![CDATA[Uktolseja, Novyta]]>;
<![CDATA[Haliwela, Nancy Silvana]]>
<![CDATA[ KANJOLI Business Law Review Vol 1 No 2 (2023): Desember 2023 KANJOLI Business Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/kanjoli.v1i2.12082
<![CDATA[with the debtor or something related to the Notary's Duties and Authorities in accordance with Law Number 30 of 2004. One form of Notary authority over the Credit agreement is by issuing a Covernote. In fact, Covernote is not regulated in the Law, so it is necessary to review the legal force of Covernote. Notary in Credit process at Banks and how the legal consequences of Notary Covernote on Debtors and Creditors. To know and explain, related to the form of Notary Covernote Legal Power in the Credit Agreement Takeover Process. Normative juridical methods, which will certainly be studied more deeply based on positive legal provisions, as well as legal principles. as well as using primary, secondary and tertiary legal materials. From the results of the study, it is known that Notary Covernote in terms of credit disbursement by the Bank to its customers serves only as a bank handle. Covernote as a notary legal product has no legal effect, because Covernote is not an authentic deed or a separate deed, but only an ordinary letter explaining the ability or notary information to complete the unfinished process. Notary negligence in fulfilling what is stated in the Covernote will cause losses / legal consequences for the bank as a creditor where the guarantee engagement can be considered a failure, while the credit agreement is still ongoing, and on the debtor side it will incur new costs if re-engagement must be made, and also the notary can be criminally prosecuted, if it turns out that in making the Covernote there is an element of notary negligence on the validity and correctness of the document. So to avoid this, a legal umbrella / law is needed that regulates the use / issuance of Covernote to protect the interests of banks, debtors and limited against notaries.]]>
<![CDATA[Penyelesaian Sengketa Transaksi Tanah Adat ]]>
<![CDATA[Bandu, Sri Jekan Anggun]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review ]]>
Publisher : <![CDATA[Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura ]]>
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DOI: 10.47268/bameti.v1i1.9903
<![CDATA[This study discusses the legitimacy of customary land transactions, land ownership by conducting land transactions, the emergence of disputes from customary land transactions, and the process of resolving disputes over customary land transactions through litigation and non-litigation channels. Purposes of the Research: To find out the legitimacy of customary land transactions and find out about the dispute resolution process of customary land transactions. This study uses the Normative Law research method which is carried out by examining legal materials related to the problems being studied, using statutory and conceptual approaches, and using primary and secondary data and analyzed descriptively. Results of the Research: Basically transactions are made individually, the transaction still may not conflict with normative provisions that exist in society (requirements for the validity of the agreement/transaction; legal reasons). Because it cannot be separated from society, transactions in customary law can only be said to be valid if individual interests are balanced with the interests of society. In the process of resolving customary land transaction disputes, litigation and non-litigation can be carried out. Settlement of disputes over customary land through litigation as a settlement of disputes between parties which is carried out through examinations before judges in court institutions, in the development of the times the community's need for justice and prosperity is getting bigger. So the settlement of disputes through litigation or courts is gradually felt to be less effective, the settlement of land disputes through litigation is felt to take too long and costs quite a lot. This situation causes justice seekers to look for other alternatives, namely by resolving disputes outside the formal court process, an alternative known as dispute resolution through non-litigation channels.]]>
