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Pengelolaan Sampah Plastik di Desa Layeni Kecamatan TNS Kabupaten Maluku Tengah La Ode Angga; Sabri Fataruba; Ronald Fadly Sopamena; Danillo O Saununu
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Introduction: Outreach to the community with the title Plastic Waste Management in Layeni Village, TNS District, Central Maluku Regency.Purposes of Devotion: Provide understanding to the community regarding plastic waste management and it is hoped that the people of Layeni Village, TNS District, Central Maluku Regency can carry out waste management in an effective, integrated and sustainable manner.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: This community service activity is a form of tridarma activity for educators to play a role in solving problems that occur in the community, especially regarding the management of plastic waste. Through community service by conducting counseling on this plastic waste management, the community will know good, integrated, effective and sustainable waste management.

Implikasi Hukum Putusan Pengadilan terhadap Pembatalan Perkawinan Muchtar Anshary Hamid Labetubun; Sabri Fataruba
Batulis Civil Law Review Vol 1, No 1 (2020): VOLUME 1 NOMOR 1, NOVEMBER 2020
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v1i1.430

Cancellation of a marriage begins after the Court decision has permanent legal force and is valid since the time the marriage takes place. The purpose of this study is to examine and analyze the legal implications of court decisions on cancellations made after marriage because it involves protecting the rights and obligations of the parties (husband and wife). The research method used is the type of normative research with a statutory approach, a conceptual approach and a case approach. The results showed that the cancellation of a marriage has permanent legal force, the separation is different from the husband and wife who separated due to divorce, but the obligation of iddah still applies to women whose marriage is canceled, while the provision of living has different provisions, namely, not getting a living from her ex-husband, because a marriage with a fasid contract that does not require a living. Cancellation of a marriage begins after a court decision has permanent legal force, and is effective from the time the marriage takes place.

Pelaksanaan Fatwa Dewan Syariah Nasional tentang Layanan Pembiayaan Berbasis Teknologi Informasi Berdasarkan Prinsip Syariah Pada Perusahaan Fintech Syariah Muhammad Septian Hadrianto; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In the decision of the DSN Fatwa Number 117/DSN-MUI/II/2018 part two point 2 of the fatwa it is also stated that the implementation of information technology-based financing services based on sharia principles must follow the provisions contained in this fatwa. but in fact there are still Sharia Fintech Companies that have not fully implemented the DSN-MUI fatwa as was done by PT. Indonesian Sharia Funds that still provide interest to the recipient of financing for the sharia products they offer.Purposes of the Research: The purpose of this study is 2 (two), namely to analyze and review the implementation of the DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 on Sharia Fintech companies and to analyze and examine the legal strength of the DSN MUI Fatwa Number 117/DSN-MUI /II/2018 in binding Sharia Fintech Companies. Methods of the Research: The type of research is normative juridical, with two approaches, namely the conceptual approach and the statutory approach.Results of the Research: The results of this study indicate that in previous research conducted by Ferdian Mahmuda, sharia fintech companies were found which in implementing the Fatwa DSN MUI Number 117/DSN-MUI/II/2018 did not apply it thoroughly and classified as violating the provisions set by the MUI. The National Sharia Council, therefore the MUI Fatwa still has legal force as long as a financial institution in its financial activities implements sharia principles, including in this case a Sharia Fintech company, so that if its financial operational activities conflict with sharia principles, the DPS will report to DSN, then DSN recommends the violation to OJK to take action as regulated in Financial Services Authority Regulation (POJK) Number 77 of 2016 concerning Information Technology-Based Lending and Borrowing Services CHAPTER XII Article 47, which contains administrative sanctions tration to be provided to the financial institution referred to by OJK.

Kajian Hukum Islam Tentang Wasiat Wajibah Kepada Ahli Waris Beda Agama Safira Rahmi Khouw; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: In Islamic Inheritance Law, the person who is entitled to receive inheritance from the heir is also a Muslim, so it is very difficult for people who are not Muslim to be able to inherit even if the heir and heirs have a relationship as husband and wife, therefore it needs a breakthrough from the judge.Purposes of the Research: To find out and analyze Mandatory Wills according to Islamic Law and Supreme Court Decision Number 16K/AG/2010 relating to Mandatory Wills to non-Muslims. Methods of the Research: The research method used is normative legal research, all legal materials, both primary, secondary, and tertiary are collected and compiled qualitatively.Results of the Research: The results of this study indicate that the provisions of the mandatory will according to the Compilation of Islamic Law also apply to adoptive parents and adopted children, as regulated in Article 209 of the Compilation of Islamic Law, namely: a. the inheritance of the adopted child is divided according to Articles 176 to 193 of the KHI, while the adoptive parents who do not receive a will are given a mandatory will as much as 1/3 of the inheritance of their adopted child; and b. against adopted children who do not receive a mandatory will as much as 1/3 of the inheritance of their adoptive parents. Furthermore, although in Islamic law a wife who is a non-Muslim religion is not entitled to inherit property from her Muslim husband, but on the basis of the judge's considerations using the results of ijtihad from fiqh experts who expand the provisions regarding mandatory wills which only apply to relatives who are not married, obtaining inheritance from the heir to apply also to a wife who is a religion other than Islam is the most likely way as a middle and alternative way to be taken in order to create justice.

Kedudukan Anak Sumbang Dalam Penerimaan Hak Nafkah Hidup Ditinjau Dalam Perspektif Hukum Islam Mardatilla Harza Tomaluhu; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Discordant children or children resulting from blood staining are children born from the relationship of a man and a woman where both of them are prohibited from marrying because they are bound by blood relations, marital relations or breastfeeding relationships.Purposes of the Research: This study aims to explain and inform about the status and position of the discordant child as well as the protection of the living rights of the donor child according to Islamic law. Methods of the Research: This study uses normative legal research methods, and the collection of legal materials is carried out by literature study, then analyzed by qualitative means.Results of the Research: Discordant children or children resulting from blood staining are children born from the relationship of a man and a woman where both of them are prohibited from marrying because they are bound by blood relations, marital relations or breastfeeding relationships. Article 186 of the Compilation of Islamic Law does not provide protection for the rights of discordant children which are given to children resulting from adultery.

Perlindungan Tenaga Kerja Tanpa Kontrak Kerja Pada Kapal Penangkap Ikan (Bobo) Nila Juwita Mahulette; Sarah Selfina Kuahaty; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Protection of Workers who work without an employment contract on fishing vessels owned by CV Tehoru. In carrying out work between workers and employers, there must always be a contract or work agreement.Purposes of the Research: Analyzing and Reviewing how to pay responsibilities to fishing workers by CV Tehoru as the employer.Methods of the Research: This research is included in normative legal research, namely research examining positive legal provisions, legal principles. Legal principles and doctrines to answer legal issues faced.Results of the Research: CV Tehoru uses a time unit wage system and a unit wage system. The time unit wage can be given by the employer based on the working time, that is, a matter of hours, days or a month, while the unit wage can be given based on the income result in accordance with the work agreement between the two parties. Although wages are based on units of result and units of time, a company must also adhere to a legal system that regulates drinking wages which are regulated by the central government or local governments.

Pembatalan Sertifikat Hak Milik Atas Tanah Wa Ode Hasbia; Adonia Ivone Laturette; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The certificate of the cancellation of the land ownership is the cancellation of the rights of land because the right receiver doesn’t fulfill the qualifications that be setted.Purposes of the Research: To analize and Study juridically, the accuracy of the certificate cancellation of the land ownership Number 345 Year 2002 in Batu Merah village, Sirimau District, Ambon City, dan to analize and study the legal effort from the owner of the certificate of land ownership Number 345 Year 2p02 di Batu Merah village, Sirimau District, Ambon city.Methods of the Research: This observation is a normative observation, which study the clauses of positive law, law principles, or doctrine to answer the law issues that be faced.Results of the Research: This observation shows that the cancellation of the land ownership procedures have judex jures law with the existence of Peraturan Daerah Provinsi Maluku Number 10 Year 2005 About Penetapan Daerah Negeri sebagai kesatuan masyarakat ukum adat di negeri batu merah, and on the certificate factors Number 345 Year 2002 That Badan Pertanahan Nasional (National Land Agency) has Setted the Putusan Mahkamah Agung Number 305 PK/Pdt/2016.

Kajian Hukum Islam Terhadap Kebijakan Pemerintah Atas Pemberian Kuota Lebih Kepada Jemaah Haji Fadhilla Ilham Mulkin; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Hajj is the fifth pillar of Islam which is a once-in-a-lifetime obligation for every Muslim who is able to fulfill it.Purposes of the Research: Knowing and analyzing about the provisions of Islamic law in carrying out the pilgrimage. Government policy in the implementation of hajj quotas.Methods of the Research: This research is included in library research, namely research carried out using literature (library). The author reads and takes theory from books related to the problem under study and then concludes the results of various kinds of research.Results of the Research: The results of the study show that the provisions of Islamic law in carrying out the Hajj, namely the Islamic Shari'a, oblige Hajj for every mukallaf, once in a lifetime for both men and women who have the ability to carry it out. All scholars agreed to stipulate that Hajj is not repeated, it is obligatory only once for a lifetime unless it is prescribed. Apart from the one that is obligatory, it is considered Sunnah more than once. Government policy in organizing Hajj quotas, namely the opening of hajj registration throughout the year, causes a prolonged waiting list for hajj. This is the cause of long queues of pilgrims who want to perform the Hajj because the Ministry of Religion always opens registration. Therefore, the queue becomes long and disorganized.

Akibat Hukum Terhadap Limbah Sampah Plastik Di Teluk Ambon Berdasarkan Undang-Undang Nomor 18 Tahun 2008 Tentang Pengelolaan Sampah Abnu Fauzi Mesfer; La Ode Angga; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Public awareness in disposing of waste, often causes them not to waste space, such as throwing garbage in ditches, rivers, and even in the ocean. Purposes of the Research: To find out and analyze forms of plastic waste management in Ambon Bay based on Law Number 18 of 2008 concerning Waste Management, and as a requirement for obtaining a Bachelor of Law degree at the Faculty of Law, Pattimura University, Ambon.Methods of the Research: This research is a type of normative legal research, namely legal research whose object of study includes the provisions of legislation and legal materials of a documentary nature, with the main subject of the study of the problem of Danpak implementation of reclamation in Ambon Baguala bay.Results of the Research: Forms of plastic waste management in Ambon bay based on Law Number 18 of 2008 concerning Waste Management, namely: the forms of waste processing in Ambon city initially from TPA-TPA to an open dumping system to a better system in accordance with Law Number 18 of 2008 concerning Waste Management, through four choices of waste processing scenarios.

Implikasi Putusan Mahkamah Agung Nomor: 3096 K/Pid.Sus/2018 Terhadap Jamaah First Travel Muhamad Angga Ririhena; Teng Berlianty; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research is supported by the Supreme Court Decision Number 3096 K / Pid.Sus / 2018 which in its ruling ordered that First Travel's assets be confiscated and returned to the state treasury, even though the First Travel assets are not actually state assets, but originated from fraud to the First Travel congregation.Purposes of the Research: This study aims to study and analyze the consequences of the Supreme Court decision Number 3096 K / Pid.Sus / 2018 which are detrimental to Jamaah First Travel, and how civil law attempts are made.Methods of the Research: The type of research is juridical normative, while the nature of the research is descriptive analytical with two approaches, namely the statutory approach and the conceptual approach.Results of the Research: The results of the research show that the basis for the consideration of the Supreme Court Judges in the decision Number 3096 K / Pid.Sus / 2018 which considers that First Travel assets are considered as state assets and assets so that they must be confiscated and confiscated for the state is very wrong because the assets owned by First Travel are actually the result of fraud by the First Travel owner against the congregation, so that it must be returned to the First Travel congregation. The legal efforts that have been made by the First Travel congregation are suing the leadership of First Travel Andika Surachman as the Defendant and the Head of the Indonesian Attorney General and the Head of the Depok District Attorney as Co-Defendant and after going through a long trial process finally the Depok District Court, in this case the Panel of Judges who examined and adjudicated the case, decided that the lawsuit could not be accepted for all even though the Chief Judge made a dissenting opinion, on the verdict, the First Travel congregation actually could make an appeal to the High Court, but they did not do it because they had not. believe in the Court.

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