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All Journal Jurnal Hukum Acara Perdata ADHAPER KRTHA BHAYANGKARA TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Legal Protection for the Partnership Agreement Parties PATTIMURA Law Study Review BAMETI Customary Law Review
Mahrita Aprilya Lakburlawal, Mahrita Aprilya
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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AKSES KEADILAN BAGI MASYARAKAT ADAT DALAM PENYELESAIAN SENGKETA TANAH ULAYAT YANG DIBERIKAN HAK GUNA USAHA Lakburlawal, Mahrita Aprilya
ADHAPER: Jurnal Hukum Acara Perdata Vol 2, No 1 (2016): Januari – Juni 2016
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v2i1.24

Abstract

Hak Guna Usaha sebagaimana yang diatur dalam Pasal 28 ayat(1)UU No. 5 Tahun 1960 diberikan atas tanah yang dikuasai langsung oleh Negara. Dengan demikian tanah ulayat yang diberikan untuk hak guna usaha harus dilepaskan haknya sebagai tanah ulayat menjadi tanah negara berdasarkan Peraturan Pemerintah No. 40 Tahun1996. Dengan demikian ketika hak guna usaha berakhir status tanah yang diberikan hak guna usaha berubah menjadi tanah negara dan ini menghilangkan status tanah ulayat kesatuan masyarakat hukum adat.Hal ini dalam banyak kasus menimbulkan sengketa pertanahan antara masyarakat adat sebagai pemegang Hak Ulayat dengan perusahaan ketika jangka waktu hak guna usaha berakhir. Keinginan masyarakat adat untuk mendapatkan keadilan yang seadil-adilnya dengan cara yang cepat dan murah dapat melalui lembaga litigasi. Namun sengketa seringkali diselesaikan dalam jangka waktu yang sangat lama dan menghabiskan biaya yang besar sehingga keinginan untuk mendapatkan keadilan dengan cepat dan biaya murah tidak tercapai.Kata kunci: Hak Guna Usaha, Hak Ulayat, tanah ulayat, sengketa pertanahan 
Penguatan Hukum Tentang Perjanjian Kredit Pada Koperasi Bagi Masyarakat Haliwela, Nancy Silvana; Lakburlawal, Mahrita Aprilya
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2029

Abstract

Introduction: Credit to cooperatives has become a choice for the community, due to easy credit requirements and a faster credit disbursement process. Credit is extended by the cooperative to the community (debtor), through a credit agreement made between the cooperative and the community (debtor). A credit agreement made legally, legally binding on the parties. However, it is undeniable that many credit problems lead to bad credit, due to the lack of public legal knowledge about credit agreements.Purposes of Devotion: Strengthening the law regarding credit agreements for the community is the focus of study in community service activities, which is important to convey to the community, in order to provide legal understanding and education regarding credit agreements for the community. Method of Devotion: Strengthening the law is carried out through legal counseling using the panel discussion method, where the speaker first delivers the material, followed by a questions and answers session between the community and the presenter.Results of the Devotion: Communities in Toisapu Hamlet, Hutumuri Village, Leitimur Selatan District, Ambon City, have made many credit agreements with cooperatives for capital for business activities and also for the consumptive needs of the community. As a result of the lack of legal knowledge about credit agreements, it has resulted in various legal issues between the community (debtor) and the cooperative. People (debtors) are entangled with credit, credit arrears occur and bad credit occurs. This raises a dispute between the community (debtor) and the Cooperative. The community (debtor) does not understand the credit agreement, resulting in credit not guaranteeing an increase in community business activities (debtors) instead it becomes a debt burden for the community (debtors).
Gugatan Citizen Lawsuit Dalam Sistem Hukum Di Indonesia Solissa, Ferdinan Rifaldi; Salmon, Hendrik; Lakburlawal, Mahrita Aprilya
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13678

Abstract

ABSTRACT: A citizen lawsuit is a lawsuit mechanism known in the common law legal system, in which citizens file a lawsuit against the state in the name of the public interest to sue the state for acts of opposition or violation committed by the state for failing to fulfill its legal obligations. The purpose of a citizen lawsuit is to protect citizens from the possibility of losses experienced by citizens, based on negligence or negligence on the part of the state. In the Indonesian legal system itself, citizen lawsuits have not been clearly regulated in Indonesian law, be it Supreme Court regulations or other laws and regulations in Indonesia. So far, citizen lawsuit cases in Indonesia have been used by judges using articles 5 and 10 of the Law. Law 48 of 2009 concerning Judicial Power The problems raised by the author are: What is the position of citizen lawsuits in the legal system in Indonesia, m. The research method used is normative juridical, the research type is descriptive analytical, the legal materials used are primary, secondary and tertiary. The technique for collecting legal materials uses library research and is then analyzed using qualitative methods. The research results show that the position of citizen lawsuits in the Indonesian legal system refers to previous judge's decisions which have become jurisprudence.
Tanggug Jawab Suami Istri Terhadap Hutang Bersama Setelah Penceraian Sukur, Fatma Resdiana; Latupono, Barzah; Lakburlawal, Mahrita Aprilya
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i2.16081

Abstract

The responsibility of married couples in settling joint debts after divorce is a very important thing to study. The reason is, there is no provision in Indonesia's positive law that regulates the settlement of joint debts after the dissolution of a marriage, which results in the parties not knowing how to settle joint debts, and also in certain cases will cause losses to one of the parties, both husband and wife who bear a larger amount of debt so that there is an injustice in the distribution of the debt. The method used in this study is normative juridical, to analyze legal problems contained in laws and regulations. The results of the study show that regarding the position of joint property between husband and wife during marriage in accordance with article 35 paragraph (1) property obtained during the marriage period becomes joint property, and under joint control where its use must be with mutual consent. After divorce, if referring to article 37 of the Marriage Law, the joint property is divided according to their respective laws, but in general, the joint property is divided equally between the ex-husband and wife according to the property obtained during the marriage period. Regarding the responsibility for joint debts, referring to article 35, joint debts used to meet the needs of the household and by mutual consent can be considered part of the joint property and the responsibility of the debt must be divided equally between the ex-husband and wife in order to create justice.
The Impact of the Hamlet Land Pawn Agreement on the Economic Level of Indigenous Peoples in Negeri Piliana, Maluku Tengah Regency Matuankotta, Jenny K.; Lakburlawal, Mahrita Aprilya; Radjawane, Pieter; Salam, Safrin; Ibrahim, Kayode Muhammed
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1262

Abstract

This study aims to identify and analyze the hamlet land pawn agreement practice and its impact on the economic level of indigenous peoples in Negeri Piliana, Central Maluku Regency. The method used is sociological juridical research which emphasizes research aimed at obtaining legal knowledge empirically by going directly to the object. The chosen research location was Negeri Piliana, Tehoru District, Central Maluku Regency. The research was conducted using primary and secondary data. The sample selection method used a purposive sampling method. The results of this study indicate that the pawn sales transaction practice in Negeri Piliana, Tehoru District, Central Maluku Regency, has a different concept from the concept according to customary law in general. The pawn sales practice, in this case, is an agreement to give a hamlet (land that has been planted with certain long-lived crops such as coconut, cloves, nutmeg or cocoa) to obtain an amount of money with a mutually agreed repayment period as long as the pawn giver can cover the amount owed along with interest. So that if it is not agreed upon, it can cause the pawn giver as the owner to lose access to the pawned object for an unlimited time, which can impact the economic level of the surrounding community.
Hak Perempuan Dalam Pembagian Harta Waris Adat Batak Toba (Studi Kasus Putusan Pengadilan No 564/PDT.G/2015/PN MDN) Simanjuntak, Vera Waty; Latupono, Barzah; Lakburlawal, Mahrita Aprilya
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2442

Abstract

Introduction: The position of women who are not accommodated in the distribution of inheritance in the Toba Batak Customary, so the authors conducted research with the aim of finding out how women's rights are in the distribution of inheritance in the Toba Batak Customary with the Case Study of Court Decision No. 564/PDT.G/2015/PN MDN and aims to find out the basic considerations judges in deciding cases of inheritance disputes with the patrilineal family system in Adar Batak Toba.Purposes of the Research: The purpose of this study is to discuss how women's rights in the distribution of traditional Toba Batak inheritance.Methods of the Research: This research is a normative juridical research carried out using statutory, conceptual and case approaches.Results of the Research: Women's rights in the division of inheritance in the Toba Batak custom are not accommodated at all because the Toba Batak custom adheres to a patrilineal family system. In the Toba Batak tradition, it is the sons who inherit the inheritance from their parents, so that the position of girls is not respected. In Court Decision No. 564/PDT.G/2015/PN MDN is based on Article 832 of the Civil Code which equates the rights of girls and boys so as to produce fairness decisions without differentiating rights in accordance with customary law principles and provisions in positive law in matters this is the Civil Code.
Commitment of the Regional Government of East Seram Regency to Prepare the Draft of Regional Regulation Concerning CSR Lakburlawal, Mahrita Aprilya; Haliwela, Nancy Silvana; Pesulima, Theresia Louize
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3188

Abstract

This research analyzes the commitment of the East Seram Regency Government  preparing the Draft Regional Regulation (Ranperda) on Corporate Social Responsibility (CSR). This study is crucial considering the presence of companies in the region that have obligations to implement corporate social responsibility. Government supervision, through local government, will provide optimal impact for efforts to realize the improvement of community welfare, so it will not trigger disputes between communities and oil and gas mining companies in the region, due to neglected fulfillment of surrounding community rights resulting from oil and gas mining management. The research method used a qualitative approach with data collection techniques through interviews, observation, and documentation study. The results showed that the readiness of the East Seram Regency Government to prepare regional regulations for supervising oil and gas mining management activities in the region is marked by initiating meetings with various companies located in East Seram Regency and establishing the formulation of East Seram Regency Regional Regulation on CSR as a priority agenda to be proposed in the draft regional regulation this December with prioritized enactment in 2025.
Community Assistance on the Responsibilities of Oil and Gas Mining Business License Holders for the Bati Tribe Community Haliwela, Nancy Silvana; Lakburlawal, Mahrita Aprilya
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.2479

Abstract

Introduction: Lack of understanding of the community's rights around the mining area and lack of understanding of the permit and approval procedures from the indigenous peoples before the operation of the oil and gas mining company. This is the basis for the consideration of the Civil Law section of the Faculty of Law, Pattimura University to carry out community service activities as a form of implementing the Tri Dharma of higher education.Purposes of The Devotion: Providing legal knowledge related to the procedures for mining business license holders who carry out their business activities in the mining area. Method of The Devotion: The method used is the legal counseling method in the Bati Tribe, Kian Darat District, Eastern Seram Regency.Results Main Findings of the Devotion: Activities of PT. Balam Energy Limited and PT. Bureau Geophysical Processing without going through a process of requesting approval from the Bati Tribe community, which has an area that will be used for oil and gas mining management activities. This is contrary to Article 33 paragraph (3) of Law Number 22 of 2001 concerning Oil and Gas (Oil and Gas Law). And it has implications for the use of land owned by indigenous peoples related to land that is considered to have sacred value, settlements, public facilities and infrastructure, nature reserves, cultural heritage and land belonging to customary law communities.
Penyelesaian Sengketa Batas Wilayah Petuanan Masyarakat Hukum Adat Liliali Dan Kayeli Bessy, Sitna Hajija; Lakburlawal, Mahrita Aprilya; Nirahua, Garciano
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19724

Abstract

Ulayat rights in the customary law community are the highest land control rights which contain two elements/aspects, namely private and public. Minister of Home Affairs Regulation Number 45 of 2016 concerning Guidelines and Confirmation of Village Boundaries, explains that the determination and confirmation of village boundaries is to create orderly government administration, providing clarity and legal certainty regarding the territorial boundaries of a village that meets technical and juridical aspects. Petuanan Liliali is in Liliali District and directly borders Petuanan Kayeli. However, in 2017, problems arose regarding the territorial boundaries between Petuanan Liliali and Petuanan Kayeli. The aim of this research is to determine and explain the territorial boundaries of customary law communities and the government's responsibilities in resolving the Petuanan Liliali area in relation to customary territory disputes. The research method used is an empirical juridical research method. The results of the research show that the resolution of the petuanan territorial boundary dispute was carried out in a traditional manner, namely a customary process with the initial stage of calling both parties to come to attend the customary process at the residence of Raja Liliali which was planned to find a solution and a way out so that this petuanan territorial boundary dispute case did not continue and prolonged and does not cause undesirable things that can harm both parties. The final stage will be carried out. After everything has been discussed, this final stage will be carried out to create peace points that have been agreed upon by Petuanan Liliali and Kayeli. The peace deed will be signed by all parties concerned in the mediation process related to the dispute over the boundaries of the Petuanan Liliali and Kayeli territories that occurred.
Kedudukan Pengemudi Ojek Sebagai Mitra Kerja Dalam Perjanjian Pengangkutan Berbasis Aplikasi Laisina, Steven; Kuahaty, Sarah Selfina; Lakburlawal, Mahrita Aprilya
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19725

Abstract

Application-based public transportation is a concept where public transportation services such as taxis, car sharing, or other public transportation are integrated and operated using application technology, especially mobile applications. Application-based public transportation is an innovation that brings many benefits to the community, both in terms of ease of access to transportation, increased security, and cost efficiency. The Partnership Agreement between the driver and the application company is referred to as a partnership agreement. The responsibility of the driver is adjusted to the losses of the consumer, Article 234 paragraph (1) of Law Number 22 of 2009 concerning Traffic and Road Transportation states that "drivers, motor vehicle owners, and/or public transportation companies are responsible for losses suffered by passengers and/or owners of goods and/or third parties due to driver negligence, This study shows that the position of application-based motorcycle taxi drivers as partners in transportation agreements has various legal and practical implications. Although this partnership offers flexibility and economic opportunities, there are challenges that must be faced regarding legal protection and driver welfare. Clear regulations and adequate protection are needed to ensure that application-based motorcycle taxi drivers can work safely and prosperously. Thus, the role of drivers as partners in transportation agreements can be optimized for the benefit of all parties involved. The responsibility of the driver is adjusted to the loss of the consumer. The creators and managers of the Maxim application help in the form of compensation that has been explained in the terms and conditions of Maxim in the responsibility regulations, the essence of which is that Maxim cares about the safety of application users by providing compensation according to the losses suffered by passengers.
Co-Authors Bessy, Sitna Hajija Haliwela, Nancy Silvana Ibrahim, Kayode Muhammed Kuahaty, Sarah Selfina La Ode Angga Laisina, Steven Latupono, Barzah Laturette, Adonia Ivonne Matuankotta, Jenny K. Matuankotta, Jenny Kristiana Nancy Silvana Haliwela Nirahua, Garciano Pesulima, Theresia Louize Radjawane, Pieter Safrin Salam Salmon, Hendrik Simanjuntak, Vera Waty Solissa, Ferdinan Rifaldi Sopaliu, Marzan Sukur, Fatma Resdiana Tuharea, Fatma Wati