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Hak Ahli Waris Keturunan Raja Dalam Persekutuan Ratschaap Yarbadang Mussad, Saini; Matuankotta, Jenny Kristiana; Latupono, Barzah
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1130

Introduction: Inheritance law is a legal regulation that regulates inheritance due to death, the formulation of silent words until someone dies and causes inheritance problems, the death of this person is a legal event. Each Ratschaap belongs to one of the three major alliances, namely Ur siu (clump of nine), Loor lim (clump of five) and Loor labia (clump of intermediate) it is recorded that ten Ratschaap are members of Ur siu, the next ten Ratschaap are joined in Loor lim and the remaining two Ratschaap belonging to the Loor labia.Purposes of the Research: The purpose of this study is to examine the normative juridical regarding the rights of the heirs of the king's descendants in the Ratschaap Yarbadang Alliance in Southeast Maluku with theories and facts that occur in the social community of Southeast Maluku.Methods of the Research: In this legal research, the author uses empirical juridical research where this study uses a sociological research problem approach using original data using an empirical approach to knowledge based on facts from research results and observations according to this legal research.Results of the Research: The results of this study indicate, Article 18b paragraph (2), the 1945 Constitution of the Republic of Indonesia and the Village Law Number 06 of 2014 as well as the Southeast Maluku Regency Government Regulation Number 04 of 2009 concerning Procedures for Nomination, Election and Inauguration of Heads. The government of Ohoi/Ohoi Rat, has regulated and given rights to the entire community of Southeast Maluku in exercising their customary and cultural rights, as well as parties who are not responsible for ancestral customs.

State Recognition and Respect for the Rights of Customary Law Communities in the Maluku Islands Region in the Exploitation of Forest Resources Matuankotta, Jenny Kristiana; Holle, Eric Stenly
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.v28i1.852

Introduction: The Constitution clearly provides recognition and respect for the existence of society customary law in Indonesia is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, how is the implementation in the islands such as Maluku Province which has unique characteristics such as cultural, social, religious culture and especially in the utilization of forest resources based on local wisdom that has been maintained for generations.Purposes of the Research: The purpose of this research is to analyze and explain how the state's recognition and respect for the rights of indigenous peoples to the use of forest resources in the constitution and secondly to analyze how the implementation of state control over forest resources is related to the rights of indigenous peoples in Maluku Province.Methods of the Research: This study uses two approaches, namely a legal approach which examines various legal foundations, both products of legislation and regulations related to exploitation of forest resources in islands and the second approach is a conceptual approach related to the problem under study.Results of the Research: The results show recognition and protection of indigenous peoples has been regulated in the 1945 Constitution and several sectoral laws. However, in practice, the rights of indigenous peoples over their forest resources often clash with the interests of the government in the name of development by granting various permits in the field of forest resources to corporations in the forestry sector, causing vertical conflicts between indigenous peoples and corporations in Maluku. as well as horizontal conflicts between state institutions in Indonesia. In addition, the criminalization and violence against indigenous peoples by law enforcement officers and violations of the rights of indigenous peoples by the state, especially the rights to control, manage and exploit forests, continue to this day. The government should enforce laws and development policies in Indonesia by immediately ratifying the draft law on the protection of the rights of indigenous and tribal peoples as an effort by the state to realize protection for every citizen and serve as a legal umbrella that is fair and non-discriminatory.

Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura Khomaizah, Khomaizah; Tjoanda, Merry; Matuankotta, Jenny Kristiana
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i2.10496

Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people. Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.

Penguasaan Dan Kepemilikan Hak Atas Tanah Menurut Hukum Adat Larvul Ngabal Rumaf, Ahmad Muhajir; Matuankotta, Jenny Kristiana; Labetubun, Muchtar Anshary Hamid
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 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.v1i1.9901

Customary law develops following the development of society and existing folk traditions. Customary law is a deposit of decency in a society whose truth is recognized in that society. Purposes of the research: 1. To find out and analyze how land rights are regulated based on Larvul Ngabal Customary Law. 2. To find out and analyze the obstacles to enforcing Larvul Ngabal customary law. Methods of the research: Normative Juridical Law is used as a type in this study. This type of research in a normative juridical manner conducts studies originating from legal materials, doctrines, principles, legal principles, as well as positive legal provisions that aim to answer the legal issues being studied. Another name for normative research is doctrinal legal research which is commonly called library research because the purpose of this research is written regulations or other legal materials. The results of the study show that the contents of the Larvul Ngabal Law do not specifically regulate the regulation of land rights, control and ownership of land parcels by the Kei indigenous people, which are regulated by each Orong Kai (Head of Ohoi) and Head of Marga based on the regulations in force within the indigenous peoples. . The regulations for each Ohoi regarding land tenure and ownership existed long before the Larvul Ngbal Law existed. Obstacles in upholding larvul Ngabal customary law, namely with the development of the era the habits and understanding of indigenous peoples faded, making it difficult for customary functionaries to apply customary law, apart from that, there was no support from the local government in this matter to form a regional regulation that supports the implementation of the law. customs related to land rights.

Pengakuan Hak Ulayat Laut Menurut Hukum Agraria Lakburlawal, Mahrita Aprilya; Matuankotta, Jenny Kristiana
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 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.v1i2.11253

This article describes the ulayat of customary law communities, especially sea communal rights, and their recognition in agrarian law. The purpose of this writing is to analyze how the existence confession of Community Sea for the local community is recognized in Agrarian Law, guided by normative legal research methods to examine the ambiguity of norms in the UUPA relating to maritime customary rights, using the approaches: statute approach, conceptual approach, as well as an analytical approach. The legal material search technique uses document study techniques, as well as study analysis using qualitative analysis, so it is found that sea communal rights, the same as the position of the ulayat, have not been explicitly regulated in Indonesian Agrarian Law, even though when discussing customary areas as an element of the ulayat, customary areas do not only cover the land (land) but also waters (rivers, lakes, beaches, including the sea), it is clear that if the customary rights of customary law communities are recognized and protected, then so will the sea communal rights.

Perlindungan Hukum Terhadap Tanah Adat Terlantar Yang Belum Ditetapkan Sebagai Tanah Hak Pengelolaan Masyarakat Hukum Adat Basar, Naomi Anastaria; Matuankotta, Jenny Kristiana; Uktolseja, Novyta
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.v2i1.13289

Traditional land is land left by ancestors and is believed to have supernatural powers that are shared by a group of people. Abandoned land is land that is not cultivated or utilized. Based on article 8 letter a of Republic of Indonesia Government Regulation Number 20 of 2021 concerning controlling abandoned areas and land. Land with management rights that is excluded from the object of controlling abandoned land is land with management rights of indigenous communities. In this thesis, we examine customary land which is not the object of abandoned land, with the issues raised being the regulation of abandoned customary land in the Wermaktian sub-district, Rumsalut village and how to provide legal protection for abandoned customary land which has not been designated as the management right of customary law communities. This research uses a normative juridical method using a statutory approach, a conceptual approach and a case approach, as well as using primary, secondary and tertiary legal materials. The legal materials collected in the research are analyzed in a descriptive manner to draw conclusions. The results of this research show that regulations regarding abandoned customary land according to Law Number 5 of 1960 and Government Regulation of the Republic of Indonesia Number 20 of 2021 state that abandoned customary land in its regulation remains the management right of customary law communities. Then legal protection for abandoned customary land should be a form of protection for the dignity of customary law communities in accordance with the 1945 Constitution, article 18 b paragraph 2.

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