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Suwarti Suwarti
Faculty Of Law, Universitas Khairun Ternate, Ternate, Indonesia
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The Existence of Customary Land Law of the Sultanate of Ternate After the Supreme Court Decision Number 57k/PDT/2017 Aprizal Midu; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 6 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i6.668

Abstract

This study aims to analyze the existence of customary land law of the sultanate of Ternate before and after the Supreme Court Decision Number 57K/PDT/2017. Meanwhile, legal efforts to resolve customary land disputes of the Sultanate of Ternate after the enactment of Supreme Court Decision Number 57K/PDT/2017 provide benefits to the Regional Government or customary law communities. This type of research uses Empirical Juridical research, that is, this research in addition to using scientific methods also sees the reality in the field. Especially regarding the Legal Existence of Customary Land of the Sultanate of Ternate After the Supreme Court Decision Number 57k/Pdt/2017. Empirical Legal Research or field research is a method to obtain data directly from the Sultanate of Ternate as well as from the family of the Sultanate of Ternate and related Regional Governments. The results showed that the existence of customary land law of the sultanate of Ternate before and after the Supreme Court Decision Number 57K/PDT/2017. Prior to the enactment of Law Number 5 of 1960 concerning Land Principal (UUPA) and the Supreme Court Decision Number 57K/PDT/2017. Permanent rights consist of; Aha Kolano (sultan's right), Aha Soa (clan right), Aha Cocatu (individual right). Meanwhile, temporary rights consist of; Tolagumi Rights (Right to Avoid Bala), Safa Rights, Ruba Banga Rights (Demolishing Forests), and Jurame Rights, or one's right to a piece of land that has been cultivated. The polemic over land ownership at the location of the Jiko Malamo beach tourist attraction, West Ternate District emerged after the Supreme Court Decision Number 57K / PDT / 2017 over the Jiko Malamo land dispute lawsuit between Hamiru Haruna (Plaintiff) and Hamzah Kalepa (Defendant) has now become state-owned land. Settlement of Customary Land Disputes of the Sultanate of Ternate After the enactment of Supreme Court Decision Number 57K/PDT/2017 provides benefits to local governments, which should be on lands in the territory of the Sultanate of Ternate must first pay attention to the subject of these lands. Subjects who control the land according to swaparaja land law can be divided into 3 (three), namely the Sultan (Kolano), soa, and Individuals / legal entities. Lands controlled by individuals give civil authority to those who control them.
Peran Hakim Pengadilan Agama dalam Upaya Mengatasi Tingkat Perceraian di Kota Ternate Suwarti Suwarti
Khairun Law Journal Vol 1 No 2 (2018): Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v1i2.1883

Abstract

Divorce is something that must be avoided, because divorce is lawful in its legal position, but the impact it has is quite large both on husband, wife and also his children and on the surrounding community. Islam views divorce as a lawful but very wrath of God, so that divorce is the last resort that can be taken if the household conditions can no longer be maintained, or if the marriage is maintained can lead to greater harm. Therefore Islam considers divorce to be complicated and is the last resort that can be taken by husband and wife if it does not find a solution to the problems of the household. The number of divorces that occurred in the city of Ternate increased partly because of the settlement factor that almost all cases filed ended in litigation at the Ternate City Religious Court, although non-litigation divorce settlement could be taken to reduce the number of divorces submitted
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti Suwarti; Faissal Malik
Khairun Law Journal Vol 2 No 1 (2018): Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i1.1884

Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
Co-Authors Abannokovya, Stepan Alimudin Boly Andi Suharto Aprizal Midu Baharuddin Hi Catur Erwin Setiawan Eko Budianto Tomayouw Fahri Latukau Faisal, Faisal Faissal Malik Fajar Hidayat Fikram Ikbal Husen Alting Husen Alting Idham Payapo Irfan Ahmad Khunmay, Decha Masrida Masrida Nam Rumkel Nurlaila Kadarwati Papuluwa Nurlaila Kadarwati Papuluwa Nurul Ayni Patma Patma Puji Rahayu Subandi Rina Wahyuni Rini Angriani Rusdin Alauddin Sittihajar Muhammad Sri Mardiana Joisangadji Suhaimi Drachman Syamsuddin Ishak Syawal Abdulajid Syawal Abdulajid Tasqinnur Mansur Vanti Y. Rolobessy Wahda Z Imam Wahda Z. Imam Wahda Z. Imam Wahda Z. Iman Zul Asfi Siregar