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Konsinyasi/Penitipan Uang Sebagai Bentuk Ganti Rugi Atas Pengalihan Hak Tanah Stevi Hendi Lawalata; Jenny Kristiana Matuankotta; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol. 1 No. 1 (2021): VOLUME 1 NOMOR 1, MARET 2021
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i1.481

Introduction: Securing land for the building of the Hunimua Ferry Crossing Port in Liang State, Central Maluku Regency, the deliberate mechanism that should be a means of compromise in the form of mutual compensation often does not reach a consensus, hence the way the dispute is resolved through the court's channel. On the other hand, in order for the completion of the assumed oil price to be paid by monetary or monetary services.Purposes of the Research: The study will review payment procedures by conifers and other monetary services for the development of the Hunimua ferry crossing of maluku district as a transference of land rights.Methods of the Research: The study is normatif yuridis, using analytic descriptive research types by using primary, secondary and tertiary source material. The approach used was a statute approach, a conceptual approach and a case approach. The technique for collecting legal materials used literature studies that were then analyzed qualitatively to address the issues discussed.Results of the Research: Payment procedures through consignment / deposit of money conducted by PT. ASDP Ferry (PERSERO) is in accordance with the provisions of the national land law in terms of the transfer of rights, which has been carried out according to land acquisition procedures through socialization and deliberation with land rights holders, but because the land is still in dispute, it is in accordance with the provisions of Law No. 2 of 2012, PT ASDP Fery Persero made a request for payment through consignment / deposit money. The consignment / deposit of money by PT ASDP Fery Persero for the construction of the Hunimua Ferry Crossing Port in Liang State, Central Maluku Regency has legal consequences for the transfer of land rights which are transferred from land rights holders to PT ASDP Fery Persero so that the construction activities of the Hunimua Ferry Port expansion can be carried out.

Penyuluhan Hukum Problematika Tanah dan Penyelesaiannya di Negeri Wotay Maluku Tengah Novyta Uktolseja; Jenny Kristiana Matuankotta; Pieter Radjawane; Harun Matayane
AIWADTHU: Jurnal Pengabdian Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Introduction: Land is a vital object that is very important for the community to carry out all activities and activities in support of community survival and development.Purposes of Devotion: Providing education and legal understanding for the community regarding land problems and their solutions so that land-related problems that often occur in the community can be resolved properly. Method of Devotion: Performed with the lecture method by each of the presenters. The lecturer is given time to deliver the material, after which the participants are invited to ask a problem or question, which is then answered in turn by the speaker according to the problem being asked.Results of the Devotion: Legal counseling in Negeri Wotay through panel discussions in which the presenters take turns delivering the material then continued with questions and answers between the presenters and the community, thus answering the lack of understanding of the community about the land law.

Penyuluhan Hukum Tentang Upaya Penyelesaian Sengketa Hak Milik Atas Tanah Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal
AIWADTHU: Jurnal Pengabdian 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/aiwadthu.v2i1.883

Introduction: The general public's lack of knowledge about the importance of land registration, as well as land registration procedures, especially land ownership rights, causes conflicts between residents in the community. When a dispute occurs, the community's lack of understanding of the dispute resolution procedure, either through litigation or non-litigation, causes the community to tend to be reluctant to fight for their land rights.Purposes of Devotion: To provide knowledge about Efforts to resolve disputes over land ownership rights that can be pursued through litigation or judicial institutions or non-litigation channels along with their advantages and disadvantages, with the hope that people who are in dispute regarding land ownership rights can take the right path. in an attempt to resolve it. Method of Devotion: Legal counseling is carried out using a panel discussion method where the presenters first present the material in turns, followed by a questions and answers session between the community and the presenters.Results of the Devotion: Ward Benteng especially in RT 002/RW 006 is one of the areas in Ambon City which is quite dense so there tends to be a dispute over land ownership rights among its citizens, especially related to the typology of disputes, namely control without rights where there are residents who occupy land belonging to them. other residents with the permission of the owner who then secretly took care of the registration of the land without the owner knowing, while the owner himself had not yet registered the ownership of the right due to lack of knowledge about land registration, the community's lack of understanding of legal remedies that can be taken when a land dispute occurs causes landowners to lose their rights to land.

Penyuluhan Hukum Tentang Perlindungan Hak-Hak Perempuan Di Desa Rumberu Kecamatan Inamosol Kabupaten Seram Bagian Barat Mahrita Aprilya Lakburlawal; Jenny Kristiana Matuankotta; Novyta Uktolseja; Primus L Untajana
AIWADTHU: Jurnal Pengabdian Hukum Vol. 1 No. 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Introduction: women are always seen as second-class beings who are weak, irrational and do not have the ability to even make decisions for their own interests, resulting in the neglect of women's rights which causes low levels of education, early marriage, restrictions on activities in these sectors. and violence are problems experienced by women in the village.Purposes of Devotion: Purpose of the Reaserch: to provide an understanding regarding the protection of women's rights in the hope that there will be an understanding regarding the equality of the position of women and men as well as more opportunities for women to be involved in development in Rumberu village. Method of Devotion: Counseling is carried out using the panel discussion method which begins with a lecture from each presenter in turn, followed by a questions and answers session between the presenters and the community.Results of the Devotion: Women in Rumberu village, Inamosol District, West Seram Regency, like women in other regions in Indonesia, have had their rights violated in various ways. Women in Rumberu village experience various injustices because of their existence as women such as marginalization/marginage, subordination, stereotypes, violence and double workload. Among them, violence is the most common problem in Rumberu village. this is due to the low level of education and economy, lack of understanding of women's rights, as well as the prevailing customs and culture in Rumberu Country. Even though women are potential development capital, there needs to be an understanding of the position of women so that there is equality.

Jual Beli Hak Atas Tanah Dengan Pemberian Kuasa Menurut Hukum Perdata Atika Sari; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.916

Introduction: The form of granting power is carried out in various ways, orally granting power of attorney is considered valid according to the Civil Code even though the strength of the law is weak. The practice in society is often between the authorizer and the beneficiary of one of his parties acting outside the authority or rights and obligations that have been given so as to make one of them feel aggrieved.Purposes of the Research: Analyzing and reviewing the position of the buyer who provides legal power and protection for the actual buyer. Methods of the Research: This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the orally granting of power of attorney is valid, the strength of the law is weak but does not rule out the possibility that it can be proven in accordance with the provisions of the Civil Procedure Law, proof of land purchase transactions is an important evidence that shows the subject of the transaction, both sellers, buyers and third parties, so that in the proof of payment must be clearly stated, to avoid the possibility of harming interested parties because of this proof of payment can be clearly proven its position.

Penyelesaian Sengketa Hak Atas Tanah Marga Masyarakat Hukum Adat Suku Woirata Di Pulau Kisar Kabupaten Maluku Barat Daya Ruben Lewedalu; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.627

Introduction: Land disputes that occur in the Woirata tribal indigenous peoples are disputes over clan land rights for which until now there has been no attempt solution.Purposes of the Research: This study aims to examine and determine the dispute resolution mechanism according to the customary law of the Woirata tribe..Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results of the study show that the settlement of disputes over clan land rights based on the customary law of the Woirata tribe can basically be resolved in two ways, namely through the Soa-level customary institutions and the Village/State-level customary institutions. In this regard, the customary law community of the Woirata tribe usually prefers to use the customary law approach to resolve all problems that occur in the village related to civil matters, such as problems over land that occur.

Hak Atas Tanah Dan Bangunan Berdasarkan Pelepasan Hak (Studi Kasus Putusan MA Nomor 2523 K/Pdt/2015) Gabriella Patricia Trinita Tomasoa; Merry Tjoanda; Jenny Kristiana Matuankotta
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.571

Introduction: In obtaining land rights, it can be obtained through transfer of rights as regulated in the Agrarian Law (UUPA). One of the ways to transfer of rights is by transferred rights, which means that the transfer of the right of ownership from the owner to another party is due to a legal act. However, in committing a legal act, the party who transfers the property rights is carried out on the basis of bad faith, in which the first party turns out to be committing a legal act on the land object which is not the right of ownership of the first party to the second party and also to the third party over the same land object that cause a dispute because of the act against the law made by the first party.Purposes of the Research: The purpose of this paper is to determine the procedure for acquiring rights to land and buildings based on the relinquishment of rights and legality of ownership of land based on the relinquishment of rights.Methods of the Research: The research method used is normative research with analytical descriptive type through a conceptual approach, a statutory approach, and case studies. The method of collecting legal materials used is library research.Results of the Research: Based on the results of the research: first, the procedure for obtaining rights to land and buildings, the rights are transferred or released due to a legal act. Acquisition of rights is carried out based on applicable legal procedures or provisions. Second, in transferring rights, only entitled persons can take legal actions to avoid cause of disputes and losses of other parties.

Penyelesaian Sengketa Tanah Dati (Studi Kasus Putusan MA Nomor 2025 K/Pdt/1983) Priescillia Mariana Palapessy; Jenny Kristiana Matuankotta; Adonia Ivone Laturette
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 1 No. 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Introductioan: Dati land can be lost if there are no more descendants as heirs. Dati disappears then the State Government can give it to other children of the country to own, but in its giving there are often disputes, so that parties who feel they have the right propose a settlement through court channels.Purposes of the Research: To study and explain the factors in the occurrence of Dati land disputes and settlement of Dati land disputes based on the Supreme Court Decision No.2025 K/Pdt/1983.Methods of the Research: This study uses normative legal research methods with the source of legal materials used in the study are primary, secondary and tertiary. Data collection carried out in the study is library research, namely analyzing library materials related to research.Results of the Research: Based on the results of the study, there were various factors that influenced the occurrence of dati land disputes, but what happened between the Plaintiff and the Defendant was that mutual claims on dati land disappeared from the Head of Dati Estefanus Wattimena. Based on the evidence presented in the trial, the judge decided that Batubulan and Telagaraja dati belonged to the Defendant which was given by the State Government to the Defendant’s grandfather in 1923 as a form of remuneration for the development of the Urimessing State, and that the Defendant in good faith had cultivated the land for decades, so that with that the Plaintiff was unable to weaken the evidence from the Defendant.

Peranan Kepala Persekutuan Hukum Adat Sebagai Mediator Di Negeri Hutumuri Dalam Penyelesaian Sengketa Jual Beli Tanah Dati Elfransdo Saimima Putra; Jenny Kristiana Matuankotta; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1431

Introduction: The role of the head of the customary law union as a mediator is to help both parties to the dispute with a family approach.Purposes of the Research: This study aims to identify and explain the role of the Head of the Customary Law Alliance as a mediator in Hutumuri Country in resolving disputes over the sale and purchase of Tanah Dati. Methods of the Research: The research method used is the type of empirical research. The data used in this paper include primary data and secondary data. Techniques Data collection is done by means of field studies and literature studies. Analysis of the materials used in writing this thesis is to use the method of qualitative material analysis.Results of the Research: The results of the study indicate that all problems or disputes related to Dati's land will be resolved at the State Office by the Head of the Customary Law Alliance as a mediator, whose role is to assist the disputing parties by identifying the disputed issues, balancing options, and considering alternatives that can be offered to them. The parties to reach an agreement and only have the authority to provide advice or determine the mediation process in seeking dispute resolution.

Kekuatan Hukum Register Dati Sebagai Alat Bukti Terhadap Penguasaan Dan Pemilikan Hak Atas Tanah Fatihatul Mujahid Rafsanjani Pontoh; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1420

Introduction: Customary law communities recognize customary land as ulayat land. Purposes of the Research: The purpose of this study is to find out and explain the legal power of the data register as evidence against the control and ownership of land rights.Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the position of the dati register is as evidence of legal ownership of land rights for the dati community belonging to the customary law community. The dati register provides and guarantees a legal certainty for customary law community groups over dati land. Because it has a position that can be equated with legal evidence of rights to land rights, then dati has binding legal force on the control and ownership of rights to land rights. Therefore, in the settlement of a case related to the land of the dati, the judge may refer to or make the register of the dati as evidence of ownership of the rights to the land of the dati.

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