Yosia Hetharie
Universitas Pattimura

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The Outbreak of Covid-19 as an Overmacht Claim in Credit Agreements Merry Tjoanda; Yosia Hetharie; Marselo V.G Pariela; Ronald F. Sopamena
Fiat Justisia: Jurnal Ilmu Hukum Vol 15 No 1 (2021)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v15no1.2195

Abstract

This research aims to determine and analyze the law consequences of overmacht in credit agreements due to the Covid-19 Pandemic and as legal remedies for settlement of the credit agreement due to the Covid-19 Pandemic. This research is socio-legal research, a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in banking institutions and financing institutions in Ambon City, namely at Bank Mandiri Ambon Branch Office, BCA Ambon Branch Office, Bank Artha Graha Ambon Branch Office, and BFI Limited Company Ambon Branch Office. The types of research data are primary data and secondary data, obtained through literature study and interviews. Based on the results of the research, the Covid-19 Pandemic is a non-natural disaster, so it is categorized as a relative overmacht, so the result of the comparative overmacht law in the credit agreement due to the Covid-19 Pandemic in Ambon City has not changed the risk burden in the sense that the Debtor still fulfills their achievements after the outbreak of Covid - 19 Pandemic is over. The legal effort that can be taken to settle credit agreements due to Covid-19 Pandemic in Ambon City is through credit restructuring in the form of lowering interest rates, extending the period, reducing principal arrears, and reducing interest arrears as determined by the government to be implemented by the bank or financing institutions with debtors.
Beyond Symbolic Recognition: Constitutional Reform for Indigenous Peoples’ Rights in Indonesia’s Plural Democracy Andry Wikra Wardhana Mamonto; Yosia Hetharie
Indonesian Constitutional Studies Vol. 1 No. 1 (2025): Indonesian Constitutional Studies, April 2025
Publisher : ARTES LIBRES INSTITUTUM

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Abstract

This research examines the limits of Indonesia’s constitutional recognition of indigenous peoples and proposes a reform agenda to move beyond symbolic acknowledgment toward substantive constitutional guarantees. The study is motivated by the enduring gap between Article 18B(2) of the 1945 Constitution, which conditionally recognizes “masyarakat hukum adat,” and the lived reality of indigenous communities who continue to experience dispossession, marginalization, and exclusion from decision-making processes. The objective is to assess why recognition remains symbolic and how constitutional reform can ensure enforceable rights consistent with democratic pluralism and global normative standards. Employing a normative legal research method, the study combines statutory, doctrinal, and jurisprudential analysis with comparative constitutional approaches and conceptual frameworks of constitutionalism, multicultural citizenship, and recognition theory. It draws upon global experiences, particularly from Latin America, Canada, and New Zealand, where constitutional reforms have embedded indigenous rights as substantive guarantees through plurinational frameworks, fiduciary obligations, and institutionalized legal pluralism. The results demonstrate that Indonesia’s recognition remains conditional, fragmented, and weakly institutionalized, rendering it ineffective in protecting indigenous peoples’ rights. In contrast, comparative models illustrate that recognition must be unconditional, operationalized through independent institutions, and grounded in legal pluralism. The findings suggest that sustainable reform in Indonesia requires rearticulating constitutional language, establishing an independent commission on indigenous rights, strengthening judicial enforcement, integrating indigenous legal systems, and linking recognition to environmental stewardship and democratic participation. Ultimately, this research contributes to global debates on indigenous constitutionalism by offering a prescriptive model for reform that positions Indonesia to embody its constitutional motto of “unity in diversity” in both principle and practice.