Jenny Kristiana Matuankotta
Fakultas Hukum Universitas Pattimura, Ambon

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Analisis Yuridis Kekuatan Hukum Sertifikat Hak Milik Atas Tanah Menurut Peraturan Pemerintah No. 24/1997 Tentang Pendaftaran Tanah Dikaitkan Dengan Putusan PN No. 242/Pdt.G/2020/PN Ambon Semuel Nahumury; Jenny Kristiana Matuankotta; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1451

Abstract

Introduction: The certificate is proof of the rights owned by the holder of land rights issued by the National Land Agency. Issuance of certificates in the context of land registration activities so that rights holders can make certificates as evidence to holders of land rights as regulated in Government Regulation no. 24 of 1997 concerning Land Registration.Purposes of the Research: This study examines the ratio decidendi of judges in making decisions on the PN No. 242/Pdt.G/2020/PN.Amb regarding the validity of the certificate of title to land to determine whether the judge's considerations are in accordance with the legal provisions regarding the ownership of applicable land rights. Methods of the Research: The research method used is normative research through a statutory approach and a case approach which refers to the ratio decidendi. The method of collecting legal materials used is a qualitative method.Results of the Research: Based on the results of the study, evidence has an important role as the basis for judge's consideration in making a decision. Certificates as evidence of rights can be declared invalid and canceled by a court decision that has permanent legal force when it is proven that someone's ownership of land rights has been violated. In the decision of the PN No. 242/Pdt.G/2020/PN Ambon, the judge ruled that the certificate owned by the defendant was legally flawed and had no binding legal force because the defendant could not prove the formal or material truth of the acquisition of the land rights.
Kedudukan Dan Peranan Kantor Pertanahan Sebagai Mediator Dalam Penyelesaian Sengketa Batas Tanah Mahendra Tri Hartarto; Adonia Ivone Laturette; Jenny Kristiana Matuankotta
PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i1.1214

Abstract

Introduction: Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries.Purposes of the Research:  Reviewing and analyzing the position and role of the Land Office as a Mediator in Settlement of Land Boundary Disputes, and efforts to resolve land boundary disputes at the Ambon City Land Office can be carried out in accordance with the provisions and binding according to the laws and regulations.Methods of the Research: This research was carried out in a normative juridical manner by using Statute Approach and a Conceptual Approach.Results of the Research: This research resulted in the substance that the position of the Land Office as a mediator in the settlement of land boundary disputes is as a government agency carrying out governmental tasks in the land sector. The task of the government in the land sector in question is the formulation and implementation of policies in the field of handling and preventing disputes and conflicts as well as the handling of land cases as well as the formulation and implementation of policies in the field of land surveying and mapping. The role of the Land Office as a mediator in mediating the settlement of land boundary disputes is to try to become a medium for the resolution of land boundary disputes by implementing a legal system to create justice and legal certainty. registered by the parties at the District Court where the jurisdiction of the land is located, so that it can be concluded that the results of mediation at the Land Office can have binding legal force.
Perlindungan Hukum terhadap Hak Kepemilikan Objek Jaminan Fidusia yang telah dialihkan Tanpa sepengetahuan Kreditur Semuel Willem Simaela; Jenny Kristiana Matuankotta; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1559

Abstract

Introduction: The transfer of a fiduciary guarantee must obtain approval from the Fiduciary Giver (Debtor) and the Fiduciary Recipient (Creditor) but in reality there is often a transfer process by the Fiduciary Giver to the buyer who is the third person which is carried out without the knowledge of the Fiduciary recipient (Creditor).Purposes of the Research: The purpose of this paper is to find out and analyze the Legal Protection of Ownership Rights of Fiduciary Guarantee Objects that have been transferred without the knowledge of the creditor. Methods of the Research: The research method used is normative juridical research, the type of research is descriptive analytical. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this research is through literature study. The analysis of legal materials is descriptive qualitative.Results of the Research: The results showed that: 1). Legal protection for third parties who have received ownership rights over the object of fiduciary security carried out by the fiduciary giver (debtor) without the knowledge of the fiduciary guarantee recipient (creditor) has never been regulated in the Fiduciary Law. 2). As explained in Pasal 19, Pasal 21 ayat 1, 2, 3, and 4, Pasal 24 and Pasal 25 of the Fiduciary Law that payments for installments on the object of fiduciary security that have been transferred by the fiduciary guarantee provider (debtor) to a third party are made without the knowledge of the fiduciary recipient (creditor) is still part of the debtor's obligation to pay off the installments of the fiduciary guarantee
Penerapan Hukum Adat Sasi Laut Dalam Melindungi Kelestarian Sumberdaya Alam Laut Di Desa Waria Kecamatan Aru Utara Timur Kabupaten Kepulauan Aru Cidra Wati Sorloy; Jenny Kristiana Matuankotta; Novyta Uktelseja
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1589

Abstract

Introduction: The application of marine sasi customary law is an effort to increase marine natural resources so that they can develop both biological and vegetable resources that are conserved within a certain period to develop growth and development for satisfactory results.Purposes of the Research: This study aims to know and examine how the regulation of sasi marine customary law in its application to the protection of the preservation of marine natural resources in the Waria Village of North East Aru (Batuly) Kepuluan Aru Regency. Methods of the Research: This writing was carried out with the type of empirical juridical research, namely research conducted to obtain data through observation, interviews, documentation, library studies.Results of the Research: The results of the study show that national regulations have not been able to anticipate technological developments and the development of legal needs in the context of managing and utilizing the potential of marine natural resources. The application of the customary law of the sea sasi plays an important role as an effort to protect and preserve marine natural resources.
Penyuluhan Hukum Tentang Dampak Perjanjian Gadai Tanah Terhadap Tingkat Ekonomi Masyarakat Hukum Adat Negeri Piliana Kabupaten Maluku Tengah Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal; Pieter Radjawane
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1773

Abstract

Introduction: This article analyzes the impact of land pawning agreements which tend to be the choice of customary law communities, especially in the Philippines, to obtain funds in a short time, but the implementation of land pawning does not take place without problems, especially if the land pawning agreement is not signed correctly, it will very detrimental to the pawnbroker as the land owner.Purposes of Devotion: Providing knowledge and understanding to the community about the impact of land pawning agreements on the customary law communities of Piliana State, especially so that the land pawning agreements carried out do not harm the pawning party as the land owner. Method of Devotion: Legal counseling is carried out guided by the panel discussion method. Namely, the presenters will present the counseling material in turns, followed by a question and answer session with village officials and the community.Results of the Devotion: The Customary Law Community in Pliana village, which lives at the foot of Mount Binaya, Tehoru District, Central Maluku Regency, is a community group with a lower middle economic level and a low level of education. Therefore, they tend to enter into hamlet land pawning agreements. However, the implementation of pawning based on custom without knowledge of the law regarding pawning causes the people of Piliana State, especially members of the pawnbroker's association's hamlet land owners, to suffer losses because land pawning can last more than seven years or even decades and as long as the rights to the hamlet land are in their hands. pawn recipients, thereby worsening the community's economy.
Perlindungan Hukum Terhadap Tanah Masyarakat Hukum Adat Di Kawasan Hutan Lindung Negeri Masihulan Kecamatan Seram Utara Kabupaten Maluku Tengah Meske Patalatu; Jenny Kristiana Matuankotta; Yosia Hetharie
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1861

Abstract

Introduction: Land and forests are the basis of people's prosperity and welfare.Methods of the Research: The research method used is normative juridical research type. The problem approach used is the statutory approach, the conceptual approach, and the case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary materials. Procedures and collection of law and management and analysis of legal materials are then analyzed by way of description with qualitative methods.Results of the Research: The results of the study show that the mechanisms and procedures for the Protection of Land Rights of Indigenous Law Communities in the Protected Forest Area of the Masihulan State, North Seram District, Central Maluku Regency have been neglected by the existence of protected forests or the existence of a national park, even though it is through this land that the indigenous peoples of the Masihulan Country are passed down from generation to generation. Generations can take advantage of the natural resources that exist in customary forests such as plants and animals in customary forests for their survival and daily life. The rights of the customary law community, in this case the land including their customary forest, have not received legal protection as it should be in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 18B paragraph (2) and other laws and regulations
Perlindungan Konsumen Terhadap Peredaran Produk Kesehatan Ilegal di Era Pandemik Covid-19 Di Kota Ambon Theresia Louize Pesulima; Jenny Kristiana Matuankotta; Sarah Selfina Kuahaty
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.453

Abstract

This study swapped to know and analyze the protection of the law against consumen over the illicit circulation of health products in the covid-19 pandemic in the city of Ambon and the takes of the territory of the illegal health products in the covid -19 pandemic in the city of Ambon. The study was a sociolegal research. Which is the combination of research methods of doctrinal law research and empirical law research methods. The study was conducted in the municipal administration of Ambon, in the city of Ambon health services, in the industry and commerce of the province of Maluku and in the large hall of the Maluku drug and food centers. This type of data is primer data and seconder data through literature studies and interviews shown by the study shows that quality monitoring in done by both preventive and repressive governments in the pandemic covid-19 of Ambon, it is a legal protection for consumers against illegal health products that are unqualified and consumer helath standards and health that are circulated on the market according to prevailing legislation regulations.