Laturette, Adonia Ivone
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Kajian Yuridis Terhadap Pelaksanaan Reklamasi di Teluk Ambon Baguala Hulandari, Putri; Laturette, Adonia Ivone; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i2.552

Abstract

Introduction: In connection with the reclamation of the coast and sea in Ambon City, to be precise in the Bay of Ambon Baguala, the recalamation process of Ambon Bay has begun to be carried out, indicating changes in the environmental conditions of waters and fisheries in Ambon Bay.Purposes of the Research: To study and analyze the implementation of reclamation in the Bay of Ambon Baguala. Methods of the Research: This research is a type of normative legal research, namely legal research whose object of study includes statutory provisions and documentary legal materials..Results of the Research: The results showed that the implementation of the reclamation was very dangerous for the villages in Baguala District. One of the areas most threatened with "drowning" in the future was Passo Village, Lata Village and Lateri Village. The Head of the Indonesian Institute of Sciences (LIPI) Ambon's Center for Deep Sea Research, Augy Syahilatua, said that the reclamation for the construction of Siloam Hospital did have an effect on the shifting of sea water masses
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.
Legal Certainty of Court Decisions with Permanent Legal Force: Kepastian Hukum Putusan Pengadilan yang Berkekuatan Hukum Tetap Moenandar, Revandio Hendruno; Laturette, Adonia Ivone; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3325

Abstract

Introduction: The implementation of the execution of court decisions that have acquired permanent legal force (inkracht) is one of the important aspects in upholding justice in Indonesia. However, in practice, many judgments cannot be implemented or executed in a timely manner, especially in civil disputes over land. Purposes of the Research: This research aims to analyze and explain the legal certainty of court decisions that have permanent legal force in accordance with Laws and Regulations Number 8 of 2004 concerning amendments to Law Number 2 of 1986 concerning the General Judiciary and Law Number 48 of 2009 concerning Judicial Power. Methods of the Research: This research is a normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrine in order to answer the legal issues faced. The legal materials used are primary legal materials and secondary legal materials and tertiary legal materials. The problem approaches used in this study are the Statute approach, the conceptual approach and the case approach. Results Main Findings of the Research: Based on the analysis of the executory power of court decisions that have permanent legal force (inkracht van gewijsde) is a fundamental element in ensuring legal certainty, justice, and protection of rights to the object of dispute. However, in practice, many decisions cannot be implemented effectively due to various obstacles, such as resistance from the respondent, intervention from external parties, weak support from law enforcement officials, and the existence of the land mafia. This problem causes legal uncertainty, losses for the winning party, and injures the authority of the judiciary and public trust in the rule of law. This study highlights the case of Determination of Execution Number 22/Pen.Pdt.eks/2018/PN Amb Jo Number 74/Pdt.G/1989/PN Amb as a concrete example of the weak implementation of execution. The author recommends strengthening coordination between institutions, revising regulations to simplify the execution process, imposing strict sanctions on parties who obstruct the implementation of judgments (contempt of court), and legal education to the public to foster awareness of the importance of respecting court decisions. This strengthening is expected to restore public trust in the judicial system and realize real legal certainty.