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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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Pengakuan Hak Ulayat Laut Menurut Hukum Agraria Lakburlawal, Mahrita Aprilya; Matuankotta, Jenny Kristiana
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i2.11253

Abstract

This article describes the ulayat of customary law communities, especially sea communal rights, and their recognition in agrarian law. The purpose of this writing is to analyze how the existence confession of Community Sea for the local community is recognized in Agrarian Law, guided by normative legal research methods to examine the ambiguity of norms in the UUPA relating to maritime customary rights, using the approaches: statute approach, conceptual approach, as well as an analytical approach. The legal material search technique uses document study techniques, as well as study analysis using qualitative analysis, so it is found that sea communal rights, the same as the position of the ulayat, have not been explicitly regulated in Indonesian Agrarian Law, even though when discussing customary areas as an element of the ulayat, customary areas do not only cover the land (land) but also waters (rivers, lakes, beaches, including the sea), it is clear that if the customary rights of customary law communities are recognized and protected, then so will the sea communal rights.
Pembagian Harta Warisan Berdasarkan Hukum Adat Tuharea, Fatma Wati; Angga, La Ode; Lakburlawal, Mahrita Aprilya
BAMETI Customary Law Review Vol 2 No 1 (2024): Juni 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i1.13558

Abstract

Customary inheritance law is the legal rules that regulate how to pass on and transfer tangible and intangible assets from generation to generation. Thus, customary inheritance law contains three elements, namely the existence of inheritance or inherited assets, the existence of heirs and heirs. Apart from the three elements of customary inheritance law, it is also influenced by the three kinship systems that exist in Indonesian society, namely the patrilineal system, matrilineal system, and parental or bilateral system so that customary law in Indonesian society is a diverse law. Indonesian society still applies the distribution of inheritance according to customary law, one of which is in Maluku Province, namely Elfule Village which adheres to a patrilineal kinship system, namely the lineage that originates from the father. This can be seen from the clan of the residents of Elfule Village. With this background, the status of men in among indigenous peoples is automatically higher than women. If property is distributed according to customary law in Elfule Village, it is important to note that the son who receives the inheritance from his parents' inheritance is the oldest son. The method used in this research is the sociological juridical method. Research data sources include primary data sources and secondary data sources. Data collection was obtained through interviews and then the data was processed and analyzed qualitatively. The results of the research show that Elfule Village in principle adheres to a patrilineal kinship system, namely the line of descent from the father so that in the distribution of inheritance, Elfule Village adheres to a male majoritarian system, however, in developments based on research results, it turns out that the inheritance process in Elfule Village has experienced a shift where some of the female children have get an inheritance from the assets inherited from their parents such as villages and long-lived plants, why is the daughter's share smaller because when the daughter marries she will follow her husband and join his new family, in this case the distribution of inheritance is done before the heir dies.
Pemberian Konpensasi Dalam Pemanfaatan Tanah Ulayat Untuk Kepentingan Umum Lakburlawal, Mahrita Aprilya
BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i2.16358

Abstract

Land holds a fundamental position in community life, especially for customary law communities with spiritual and historical connections to their territories. This study examines the complex dynamics of customary land use for public purposes, focusing on compensation mechanisms and recognition fees (recognitie). There is a perspective gap between customary law communities and the government regarding the meaning of compensation: indigenous communities view it as a leasing right while maintaining management authority, while the government considers it a complete transfer of ownership. The research employs a normative juridical method to analyze legal regulations in Law Number 2 of 2012 concerning Land Acquisition for Public Interest Development. The study focuses on two primary aspects: compensation mechanisms in customary land use and the effectiveness of recognition fees (recognitie). Research results indicate that the implementation of customary land compensation still faces structural challenges. Compensation processes are often understood narrowly as a material transaction, neglecting the cultural, social, and spiritual dimensions inherent in customary land. Law Number 2 of 2012 has not fully accommodated the complexity of customary law community rights, as mandated by Article 18B of the 1945 Constitution.
Hak Waris Atas Tanah Adat Berdasarkan Hukum Waris Adat Sopaliu, Marzan; Laturette, Adonia Ivonne; Lakburlawal, Mahrita Aprilya
BAMETI Customary Law Review Vol 3 No 1 (2025): Juni 2025 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v3i1.18160

Abstract

Inheritance law is the law that regulates the transfer and continuation of tangible and intangible property from one generation to the next. The initiation of this procedure occurs throughout the lifetime of the parents. The subjects involved in inheritance distribution are the deceased (testator) and the heirs. The deceased and the heirs have a close relationship due to familial ties. This research aims to examine the inheritance rights over customary land based on customary inheritance law and to understand and explain it. The research uses normative juridical legal research, with primary and secondary legal materials as legal sources. The results of the study show that customary inheritance law is a law that is recognized and respected in its implementation, but the registration of inheritance transfers of land based on customary inheritance law cannot be fully carried out. The position of heirs in the inheritance distribution in Hila Village is passed down only to male children, while female children only have the right to enjoy the land, such as through farming, but are not considered heirs as long as there are male children.
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.
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