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All Journal PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum
Priescillia Mariana Palapessy
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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 Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (500.68 KB)

Abstract

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.
Tanggung Jawab Pihak Ekspedisi Dalam Transaksi Pengiriman Barang Priescillia Mariana Palapessy; Teng Berlianty; Sarah Selfina Kuahaty
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1413

Abstract

Introduction: The marketplace works with the expedition as a delivery service to facilitate sellers in sending buyers' orders. The process of sending goods does not always run smoothly, there are various common problems that usually occur in the process of sending goods by the expedition. This certainly raises the distrust of service users towards the responsibility of the expedition.Purposes of the Research:  To find out the form of legal responsibility for the expedition's default and the factors that cause default by the expedition.Methods of the Research: This research uses normative research methods with the problem approach used is a statutory approach and conceptual approach, and the sources of legal materials used are primary, secondary and tertiary.Results of the Research: The results showed that if in the process of shipping goods there is a violation or negligence caused by the expedition, then the expedition as a business actor will provide compensation, this is in accordance with Article 1366 of the Civil Code. The act of default by the expedition in the delivery of goods is caused by internal and external factors that make the expedition must be responsible for the losses caused.
Co-Authors Adonia Ivone Laturette Jenny Kristiana Matuankotta Sarah Selfina Kuahaty Teng Berlianty