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Tanggung Jawab Perusahaan Yang Melakukan Pencemaran Lingkungan Hidup Latuconsina, Rifqi; Angga, La Ode; Fataruba, Sabri
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.v2i2.16086

Abstract

The sustainability of living beings is an important part of life. Everyone wants to have a clean and healthy living environment. The presence of Jaya Konstruksi company as a legal subject does not carry out its obligation to compensate and take certain actions for its actions. Environmental pollution due to the company's activities that contain sand and concrete has polluted the environment around residents' homes for these actions The company must be responsible based on fault (liability based on fault).
Pengucapan Ikrar Talak Tanpa Kehadiran Istri Di Pengadilan Agama Jamaludin, Muhammad Juhasa; Angga, La Ode; Nabila, Syadzwina Hindun
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.16173

Abstract

Divorce Case No. 326/Pdt.G/2022/PA.AB in which the Respondent (Wife) has been properly and officially summoned by the court, but the Respondent (Wife) never attended and did not send her attorney to represent her in the trial process until the Declaration of Divorce by the Applicant (Husband), however, the panel of judges still allowed the Applicant (Husband) to pronounce the Declaration of Divorce after the verdict of the Divorce case was issued, then a Divorce Certificate was issued which clearly explained the condition of the Respondent (Wife) at the time of the Declaration of Divorce. based on the Compilation of Islamic Law (KHI) Article 149 is obliged to provide maintenance to the Respondent (his wife), or at least the Respondent (his wife) must be present to ask for maintenance in accordance with KHI Article 119 Paragraph 2 Letter b, and other things that need to be considered by the panel of judges as always stated in the Divorce Certificate, namely, seeing the status of the wife in a state of purity, menstruation or in a state of pregnancy or not at the time the divorce vow was pronounced according to Article 122 of the KHI. The type of research used in this study is normative juridical. The results of this study are that according to Islamic law, the applicant in the divorce case of the divorce vow number 326 / Pdt.G / 2022 / PA.AB has met the requirements required in Islamic law to pronounce the divorce vow. However, because the wife was not present in the trial, the judge should not have fulfilled the legal requirements to allow the applicant to pronounce the divorce vow because Article 119 Paragraph 2 of the KHI point b regarding the divorce vow with ransom or khuluk (iddah and mut'ah maintenance) and the wife's condition which must be stated in the divorce certificate according to Article 122 of the KHI have not been fulfilled, so that the pronouncement of the divorce vow in the case is considered invalid according to law. That in order to protect the wife's rights legally and ensure the wife's condition as an additional requirement for the validity of the divorce certificate, the wife's presence in court is a significant factor for the court in carrying out its legal process fairly and ensuring that the decision taken not only takes into account the provisions of religious law, but also takes into account aspects of humanity and social justice.
Tanggung Jawab Orang Tua Yang Menelantarkan Anak Prespektif Perdata Manuhutu, Novrilianty Abril; Laturette, Adonia Ivone; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2441

Abstract

Introduction: Government Children are a mandate as well as a gift from God the Almighty, who must always be guarded because every person (child) has basic human rights that have been regulated in the constitution, even he has inherent dignity and human rights, so children cannot be abandoned. The law has regulated related to child protection.Purposes of the Research: The purpose of this study is to find out and explain the responsibilities of parents who abandon children, and the legal consequences for parents who abandon children.Methods of the Research: This research uses the type of normative juridical research, with a problem approach used is descriptive analysis, namely literature studies and from field studies, the sources of law used are primary legal materials and secondary legal materials. The data collection procedure is using literature study. The legal management and analysis used is the method of normative analysis, namely relating it to the applicable legal norms.Results of the Research: The results of the writing show that the responsibility of parents who abandon children is caused by economic factors, harmony in the family, the awareness and attention of parents towards children is so lacking that children lose their rights. The legal consequences for parents who abandon their children are fines, even up to the revocation of custody of their children, therefore supervision regarding this case must be more efficient.
Hak Waris Anak Dari Ibu Pengganti (Surrogate Mother) Ditinjau Dari Hukum Islam Sukur, Ahmaf Fuzail; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2452

Abstract

Introduction: According to Article 832 of the Civil Code, it is known that legal and illegitimate blood and the spouse with the longest life are entitled as heirs. Islamic Sharia establishes the rules of inheritance in an orderly and fair manner. When a person, male or female, is legally assigned to possess. Islam also provides for the right to transfer one's property after death to his heirs and all his relatives, without distinguishing between male and female.Purposes of the Research: The purpose of this study is to know and explain the legal position of children from surrogate mothers in terms of Islamic Law. 1). To know and explain the inheritance rights of children from surrogate mothers in terms of Islamic Law. 2). As one of the academic requirements to obtain a law degree at the Faculty of Law, Pattimura University.Methods of the Research: This research uses a type of normative juridical research that is analytical descriptive.Results of the Research: 1. The legal status of surrogate mothers in Islamic law is that in Islamic law, a child born to a surrogate mother belongs to the mother who conceived and gave birth to the child, even though the egg is not hers. Children born through this process are also assigned to pregnant and giving birth mothers, that is, mothers whose womb is rented out. A child born with surrogacy cannot be combined with a woman who has a mother egg or embryo in the child, because according to Islamic law, surrogacy is not permissible or haram. 2. The right of inheritance of the surrogate mother's child in the sense of Islamic law is the right of inheritance of a child born to a surrogate mother, because in the Qur'an it is explained that the woman who gives birth and the pregnant woman has the right to take care of her, because in the blood of the child flows the blood of the woman who contains her.
Larvul Ngabal Law as A Regulation in Marine Resources Management In Kei Islands, Southeast Maluku Regency Angga, La Ode; Latupono, Barzah; Renuat, Ahmad Yani; Atbar, Rini
Batulis Civil Law Review Vol 5, No 3 (2024): VOLUME 5 ISSUE 3, NOVEMBER 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i3.1915

Abstract

Introduction: Hawear Customary Law has long been known in Southeast Maluku and has a rolewhich is important in organizing life, especially for traditional law communities. Hawear contains meaning prohibition to take natural resources on land or in the sea, which is based on several important and basic arguments. The principle that is the basis for the actual existence of Hawear's lais the principle of sustainablemanagement of natural resources. Wise thinking that develops wiselyThis local area is also based on the economic aspects of the country's community and the villages and villages located in the area small islands.Purposes of the Research: To find out and analyze Hawear's existence in protecting and preserving marine genetic resources in Southeast Maluku Regency.Methods of the Research: The approach method used in this research is sociological juridical which is a descriptive qualitative analysis study. This research seeks to describe what occurs in the Kei Indigenous Community in Southeast Maluku Regency, it is related to resource management coastal and marine power. The data collection techniques used in this research are: Interview, questionnaire and literature study.Results of the Research: The existence or existence of law Larvul Ngabal Currently, it is increasingly existing, this can be seen from the increasingly advanced society of Southeast Maluku and have the same feelings in a group, where they stay in one place because they come from from the same genealogy or descent. They have their own customary laws that regulate them regarding rights and obligations regarding material and immaterial goods. They also have social institutions, traditional leadership, and traditional justice recognized by the group. Larvul Nabalas a form of rule which the people of Southeast Maluku use in managing their marine resources is expected to remain the same obeyed so that it becomes a law in the management of resources both at sea and on land so that they are maintained natural sustainability. This is also in line with the protection of indigenous communities which has been recognized in Article 18B paragraph (2) and Article 28I paragraph (3) in the Indonesian Constitution The Constitution of the Republic Indonesia in 1945 (1945 Constitution of the Republic of Indonesia). This means that the state has recognized and respected rights indigenous communities, including the Law Society Larvul Ngabal.
Akibat Hukum Perkawinan Dibawah Tangan Rumfaran, Ani; Angga, La Ode; Labetubun, Muchtar Anshary Hamid
PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 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.v2i3.17443

Abstract

Marriage under hand is a legal marriage if it is carried out according to religion and each belief, but according to the law it is invalid because the marriage is not officially registered at the Office of Religious Affairs or the Civil Registration Office so that it can cause various significant legal consequences, including the loss of legal protection, child status, rights and obligations of husband and wife in administrative difficulties are legal institutions that have a significant impact on individuals and society. This research aims to examine the legal consequences of marriage in the context of positive law in Indonesia. The research method used is normative juridical, using a statutory approach, conceptual approach and case approach. The law used is literature study, journals and internet media. The results of the study indicate that the Legal Status of Marriage Under the Hand in Review of Positive Law in Indonesia is a marriage under the hand or marriage sirri is a marriage that is not registered according to the applicable laws and regulations, so that legally the marriage is considered to have never existed, because it does not have outentik deed evidence. Another legal consequence is that the wife, children and other relatives of the wife cannot claim their legal rights to the husband and even children from the marriage cannot use their birth certificates using their father's name as the name of their parents ever existed, because they do not have proof of authentic deeds.
A Form of Accountability CV Sumber Berkat Makmur Which Encroached On Customary Forests Angga, La Ode; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1181

Abstract

Introduction: The people of Sabuai Village reject the existence of a company that has been operating since 2019 Until now, the Environment Agency has never processed documents, either Amdal or other environmental documents according to the acting Head of the Maluku Province Environment Area. The people of Sabuai Village deny the existence of a company that has been operating since 2019, because it is suspected of cutting down and managing customary forest products without permission.Purposes of the Research: The long goal is to find out the Form of Accountability of CV Sumber Berkat Makmur that Encroaches on Customary Forests in the Research Environment of Eastern Sabuai Seram Village.Methods of the Research: The approach method used in this study is sociological juridical which is a descriptive study of qualitative analysis. This study seeks to illustrate what is happening in the Indigenous peoples of Sabuai Village, SBT. The data collection techniques used in this study were: Interviews, questionnaires and literature studies.Results of the Research: The form of cv accountability of the source of prosperous blessings that encroached on customary forests in Sabuai Village, Eastern Seram Regency, namely: From the point of view of administrative law, permission is a public service. In fact, permits as one of the sources of destruction and pollution in the name of illegal logging, illegal fissing and illegal maning. Thus illegal logging is a fraudulent practice since from licensing, activities, results of activities, actors and the purpose of their sale subscribe to the law. Legal liability under civil law in illegal encroachment is: The principle of liability based on unlawful acts, the Principle of absolute liability (strike liability) and the Principle of Liability based on Unlawful Acts. 
Education of Public Understanding of The Importance of Product Brand Registration of Ohoi-Owned Business Entity Partner Business Groups Labetubun, Muchtar Anshary Hamid; Angga, La Ode; Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.3055

Abstract

Introduction: This study examines the effectiveness of educational programs on the importance of trademark registration for partner business groups of Ohoi-Owned Enterprises in Ohoi Rat, Kei Kecil Timur District, Southeast Maluku Regency.Purposes of The Devotion: This educational program aims to increase public understanding of intellectual property rights protection, especially in terms of product brand registration. Method of The Devotion: The methods used include counseling, focus group discussions, brand registration simulations, and individual consultations.Results Main Findings of the Devotion: The results of pre- and post-education surveys show a significant increase in public understanding of the benefits and procedures of brand registration.  As many as 75% of respondents understand the importance of brand registration after the program, an increase of 60% from before.  Several obstacles were identified, such as high registration fees and complex procedures.  Policy recommendations include providing incentives, simplifying procedures, and improving access to information.  This program is expected to contribute to the improvement of the village economy through Brand protection for Micro and Small Enterprises.
The Distribution of Inheritance in the Customary Law Community Before the Death of the Muwaris Reviewed from Islamic Law Nawardi, Hamdan; Latupono, Barzah; Angga, La Ode
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.3081

Abstract

Introduction: The process of inheritance is to act as an alternative to the attitude of property ownership between the deceased and the person who leaves it, while according to the term it is something without which there will be no law, for example thaharah (purification) is a valid condition for prayer, if it is not cleaned before prayer, the prayer is undoubtedly invalid, however, doing thaharah, does not mean when you want to pray.Purposes of the Research: To find out and explain the factors behind the inheritance distribution system before the deceased in Gunung Village, South Buton Regency and to know and explain the views of Islamic law regarding inheritance distributed before the deceased died.Methods of the Research: The research method used in this writing is normative legal research. As for answering the problems in this study, the author uses three problem approaches, namely the statute approach, the case approach, and the conceptual approach. The procedure for collecting legal materials carried out by the author is to search and collect laws and regulations related to the legal issues faced. Laws and regulations in this case include both legislation and regulations. The analysis of legal materials uses a qualitative method, which is a study related to legal norms contained in international laws and regulations and legal norms in society.Findings of the Research: The results of this study show that the Distribution of Inheritance According to Islamic Law, which refers to Article 171 of the Compilation of Islamic Law, there are several provisions that have been stipulated in regulating inheritance. The view of Islamic law regarding inheritance distributed before the heir dies is that in Islamic law there is no division of inheritance before the heir dies, if this happens then in Islamic law it is called Hibah.
Bank's Responsibility for Mistakes Made by Outsourced Workers Djokdja, Galang Ramadhan; Laturette, Adonia Ivone; Angga, La Ode
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3439

Abstract

Introduction: In terms of national development, especially in the field of employment, Indonesia prioritizes achieving the greatest possible welfare for the working community. Every citizen has the right to obtain decent work as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the Constitutional Basis of the Republic of Indonesia, which states.Purposes of the Research: The purpose of this study is to find out and analyze the banking party's responsibility for errors made by outsourcing workers. This study helps in seeing the procedures and Banking Responsibility for Errors Committed by Outsourced Workers.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Results Main Findings of the Research: Based on Article 29 of Financial Services Authority Regulations Number 1/POJK.07/2013 concerning consumer protection in the financial services sector, which states that financial service business actors or banks are obliged to be responsible for customer losses arising from errors and/or negligence of workers, both permanent workers and outsourced workers. financial service business actors and/or third parties working for the interests of financial service business actors. However, if the customer's loss arises from the customer's own error and/or negligence, the bank is not responsible for the loss.