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All Journal PAMALI: Pattimura Magister Law Review LUTUR Law Journal PATTIMURA Law Study Review SASI ABDI NUSANTARA: Jurnal Pengabdian Kepada Masyarakat KANJOLI Business Law Review BAMETI Customary Law Review
Uktolseja, Novyta
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Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : PATTIMURA Law Study Review

 1 
Kedudukan Bezitter Terhadap Objek Warisan Ruff, Elis; Tjoanda, Merry; Uktolseja, Novyta
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.v2i2.16062

Abstract

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.
Status Tanah Hak Erfpacht Yang Diperjualbelikan Tuanaya, Firda Hawa; Laturette, Adonia Ivonne; Uktolseja, Novyta
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.v2i2.16082

Abstract

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.
Putusan Terkait Sengketa Hak Atas Tanah Warisan Pieris, Flourensya Lyventriz; Latupono, Barzah; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19715

Abstract

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.
Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Simamora, Van Basten; Pietersz, Jemmy Jefry; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19721

Abstract

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.
Kewenangan Pemerintah Daerah Terhadap Penertiban Tanah Terlantar Halirat, Novanda; Nendissa, Renny Heronia; Uktolseja, Novyta
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19747

Abstract

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.
Co-Authors Bandu, Sri Jekan Anggun Basar, Naomi Anastaria Berlianty, Teng Gardjalay, Hery A. Gaspersz, Frans Gerald Yacob Halirat, Novanda Haliwela, Nancy Silvana Kesaulya, Clara Latupono, Barzah Laturette, Adonia Ivonne Lawalata, Maher Syalal Manery, Nugrah Gables Mantaiborbir, Rocky S. Matuankotta, Jenny Kristiana Muchtar Anshary Hamid Labetubun Nendissa, Renny Heronia Pieris, Flourensya Lyventriz Pietersz, Jemmy Jefry Pratiwi, Dita Ayudia Radjawane, Pieter Ruff, Elis Rumangun, Johan P. E. Sanmas, Dwi Anggriani Salsabila A A Sean, Cedric Simamora, Van Basten Teikuar, Yatno Krisando Tjoanda, Merry Tuanaya, Firda Hawa Wadjo, Hadibah Zachra Wattimena, Ricky M. Wattimena, Rovsky Asyer Yanlua, Muh Akbar