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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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Journal : PATTIMURA Law Study Review

 1 
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.
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