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All Journal Perspektif : Kajian Masalah Hukum dan Pembangunan Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Balobe Law Journal PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review SASI KANJOLI Business Law Review BAMETI Customary Law Review
Ronald Saija, Ronald
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Humanities Law, Crime, Criminology & Criminal Justice

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Sosialisasi Tentang Penggunaan Media Sosial Dan Konsekuensinya Menurut Hukum Di Negeri Lesluru Kecamatan Teon Nila Serua Kabupaten Maluku Tengah Panjaitan, Wijaya Natalia; Labetubun, Muchtar Anshary Hamid; Saija, Ronald
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.2000

Abstract

Introduction: The utilization of Social Media by the society must be done wisely and be mindful of the legal consequences. Therefore, the society must understand how to use social media properly and keep within the legal rules regulated by the law.Purposes of Devotion: To provide understanding and knowledge to thesociety, especially in providing knowledge of the Importance of using social media wisely and knowing the legal consequences for social media users. Method of Devotion: The devotion method use disthemethod of socialization and facilitation of the Lesluru Village Community.Results of the Devotion: The ability to access information and entertainment offered on social media must be used wisely and understand the legal consequences that exist so that people as social media users can manageand utilize social media according to theirneeds and not violate the rules of applicable law.
The Right to Manage Coastal Tourism to Support Indigenous People's Income in the Perspective of Coastal Community Welfare Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
Batulis Civil Law Review Vol 5, No 2 (2024): VOLUME 5 ISSUE 2, JULY 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i2.1839

Abstract

Introduction: The right to manage coastal tourism to support the customary income of the land of West Seram Regency from the perspective of the welfare of coastal communities, where it can be said that tourism management is one of the efforts made by the community and government to preserve tourist attractions.Purposes of the Research: The tourism management responsibilities that are interesting to carry out research, especially the tourism management of Negeri Eti in the Baray part of Seram Regency and providing management obligations to the Negeri Eti community in the West Seram Regency as well as research related to the welfare allocation or it could be said to be the results of the allocation of customary land to be managed for beach tourism.Methods of the Research: The research method used is in accordance with the research objectives where the type of research used is sociolegal (sosiolegal research) namely a research method combining doctrinal legal research and empirical legal research methods.Results of the Research: The results of this research show that developing tourism potential in an area requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. There is Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources. Eti Village, West Seram District, Maluku Province, can be implemented by Eti Village to provide welfare for coastal indigenous communities in the future.
KONSTRUKSI REFORMA PAJAK BAGI PEMILIK TANAH DATI DI KOTA AMBON DALAM PERSPEKTIF KEADILAN Saija, Ronald; Nancy. S. Haliwela; Triska Demmataaco
Perspektif Vol. 28 No. 1 (2023): Edisi Januari
Publisher : Institute for Research and Community Services (LPPM) of Wijaya Kusuma Surabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30742/perspektif.v28i1.849

Abstract

Para pemilik tanah-tanah Dati di Kota Ambon belum pernah melakukan pembayaran pajak bumi (pajak tanah adat/Dati) miliknya kemanapun, sedangkan pembayaran pajak berguna untuk melindungi hak-hak penduduk warga desa termasuk di dalamnya hak ulayat masyarakat adat yang hidup di seluruh nusantara. Penelitian ini meneliti mengenai membentuk konstruksi reforma pajak yang dapat memperlancar proses pembayaran pajak atas tanah Dati di Kota Ambon dan Kabupaten Seram Bagian Barat. Penelitian ini menyimpulkan bahwa selain faktor minimnya wawasan hukum masyarakat setempat tentang perlindungan hukum bagi hak tanah adat dan kekosongan aturan hukum dalam melindungi pemilik hak tanah negara sebagai sumber pendapatan negeri untuk kemajuan negeri adat, sehingga Adapun manfaat atas pungutan pajak digunakan oleh masyarakat hukum adat untuk menjaga kestabilan ekonomi masyarakat adat secara khususnya guna mendukung pendapatan asli negeri/desa bahkan daerah Maluku.The owners of Dati lands in Ambon City have never paid their land tax (adat land tax/Dati) anywhere, while tax payments are useful for protecting the rights of villagers including the customary rights of indigenous peoples who live throughout the archipelago. This research examines the formation of a tax reform construction that can expedite the process of paying taxes on Dati’s land in Ambon City and West Seram Regency. This study concludes that apart from the lack of legal knowledge of the local community regarding legal protection for customary land rights and the absence of legal rules in protecting owners of state land rights as a source of state revenue for the development of customary lands, the benefits of tax collection are used by indigenous peoples to maintain the economic stability of indigenous peoples in particular to support the country’s/village’s original income and even the Maluku region.
Penyuluhan Hukum Terhadap Hak Pengelolahan Wisata Pantai Untuk Mendukung Pendapatan Adat Di Negeri Eti Kabupaten Seram Bagian Barat Menurut Perspektif Kesejahteraan Masyarakat Saija, Ronald; Pariela, Marselo Valentino Geovani; Sihite, Sri Rumada
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.v4i2.2323

Abstract

Introduction: Management Rights originating from State Land and Ulayat Land. Management rights originating from State land are granted to Central Government Agencies, Regional Governments, State-Owned Enterprises/Regional-Owned Legal Entities, Land Bank Agencies or legal entities appointed by the Central Government. Meanwhile, management rights originating from Ulayat Land are assigned to customary law communities. However, in managing tourism itself, it is necessary to pay attention to the impact and intersection of customs or culture of the community around the tourist destination area.Purposes of Devotion: The purpose of writing this article is to provide legal understanding and education to the people of Negeri Eti, West Seram Regency regarding the use of beach tourism to improve the welfare of the people of the Traditional Country. Method of Devotion: Legal education activities in Eti country are carried out using a panel discussion method where the presenters present the material in turns, then followed by questions and answers between the presenters and the community.Results of the Devotion: Developing tourism potential in an area certainly requires information, physical factors and a good coastal environment which includes accessibility, supporting facilities and infrastructure. With the existence of Village Regulation Number 1 of 2022 concerning Management of Land, Coastal and Marine Natural Resources in Eti Village, West Seram District, Maluku Province, Eti Village can implement it to provide welfare for coastal indigenous communities in the future.
Implikasi Eksekusi Kurator Atas Aset Debitor Pailit Yang Berada Di Luar Batas Yuridiksi Indonesia Saija, Ronald; Nabila, Syadzwina Hindun; Panjaitan, Wijaya Natalia; Lenggono, Roy Prabowo
Balobe Law Journal Volume 4 Issue 2, October 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i2.2367

Abstract

Introduction: The development of an increasingly advanced economic system seems to have opened up opportunities for cooperation that can be built by entrepreneurs both at home and abroad. The business world is also conducted not only within one's own country, but the business world is now developing to establish business relationships with other countries in the world (transnational). In this way, the assets owned by debtors or creditors are not in their own country but are in other countries. Business relationships carried out between debtors and creditors do not always run smoothly, if these business relationships fail, it will happen that both debtor and creditor assets are located in several countries and this also results in multiple jurisdictions.Purposes of the Research: This research aims to analyze the implications of the curator's execution of assets of bankrupt debtors outside the jurisdiction of Indonesia.Methods of the Research: This research uses a normative juridical method with a statutory approach and a conceptual approach, and legal materials are analyzed using a deductive method.Results of the Research: That Law No. 37 of 2004 concerning Bankruptcy and PKPU does not regulate the authority of curators in executing bankruptcy cases outside the jurisdiction of Indonesia, especially those that conflict with the jurisdiction of other countries, so it is necessary to revise the Bankruptcy Law regarding Cross-Border Bankruptcy, especially in terms of supporting ease of doing business.
Perlindungan Hukum Terhadap Pelanggan Jasa Telekomunikasi Dalam Registrasi Kartu Seluler Prabayar Melalui Gerai Alfons, Gilberth; Saija, Ronald; Pariela, Marselo Valentino Geovani
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.v2i2.16084

Abstract

Technological advancements in Indonesia have made life easier for the public, particularly in telecommunications with the advent of smartphones. However, this technology also brings the risk of cybercrime. To protect personal data, the government mandates the registration of prepaid cards with National Identification Numbers (NIK) and Family Card numbers (KK). Nevertheless, the legal protection of personal data in this process remains a subject of debate. This research aims to understand the form of legal protection for personal data of telecommunications service users in light of the mandatory registration of prepaid cards and the legal implications of this registration requirement. This research employs a normative legal study of descriptive-analytical nature and uses a statutory approach. What There are two forms of legal protection for personal data under the prepaid card registration law: preventive and repressive. Preventive protection is provided by Article 17 of the Minister of Communication and Informatics Regulation No. 12 of 2016 (amended by Regulation No. 21 of 2017) and Article 15 of Regulation No. 20 of 2016 on Data Protection. Repressive protection is under Article 95A of Law No. 24 of 2013 on Population Administration and Article 51(1) of Law No. 19 of 2016 on ITE. Legal implications include mandatory registration, centralized validation, penalties for data leaks, and restrictions on data disclosure.
Perlindungan Hukum Bagi Debitur Pailit Untuk Mewujudkan Asas Kelangsungan Usaha Pada Masa Covid-19 Reniwurwarin, Alfin Mubin; Saija, Ronald; Labetubun, Muchtar Anshary Hamid
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2470

Abstract

Introduction: The Covid-19 pandemic has had so many impacts on social life, especially in the economic field, many debtors are experiencing difficulties in paying their debts because of Covid-19, Law Number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations as a settlement of bankruptcy disputes becomes alternative in the debtor's efforts so that the debtor gets out of bankruptcy and can resume his business.Purposes of the Research: The purpose of this paper is to find out the factors that led to debtors going bankrupt during the Covid-19 period and efforts to protect debtors who are experiencing bankruptcy so they can continue their business again.Methods of the Research: The type of research used in this paper is normative legal research. As for answering the problems in this study, the authors use three approaches to the problem, namely the statutory approach (statute approach), and conceptual approach (conceptual approach). The procedure for collecting legal materials carried out by the author is by searching for and collecting laws and regulations related to the legal issues at hand. Legislation in this case includes both legislation and regulation. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained legislation and legal norms that exist in society.Results of the Research: The results of this study indicate that the factors that influence bankrupt debtors during the Covid-19 period, namely, General Factors and External and Internal Factors, in an effort to protect debtors from continuing their business are preventive and repressive with the orientation of applying Force Majuere, debt restructuring and providing justice for bankrupt debitor.
Implikasi Ambiguitas Kreditur Separatis Dan Kurator Dalam Pembagian Boedel Debitor Pailit Menurut Perspektif Philosophy Saija, Ronald; Tesalonika, Iming Maknaan; Bakir, Herman
PATTIMURA Legal Journal Vol 3 No 2 (2024): Agustus 2024 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v3i2.15556

Abstract

Introduction: Completing debt and receivables agreements with serious material security objects between creditors and debtors through the Bankruptcy route. Bankruptcy as a form of dispute resolution regulated in Articles 749-910 of Wetboek van Koophandel which has been codified through Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Purposes of the Research: To find legal rules that specifically regulate the Ambiguity Implications of Separatist Creditors and Curators in Boedel, Debtors Bankruptcy. Methods of the Research: The method used in this writing is an extensive interpetation method to try to find a law in the future (ius constituendum) because there is still no legal rule that specifically regulates the Ambiguity Implications of Separatist Creditors and Curators in Boedel Debtors Bankruptcy. Then we also use a systematic interpretation method because in this study the author tries to relate several laws and regulations in Indonesia. Results Originality of the Research: The bankruptcy study is inseparable from the collateral by the debtor who has experienced business bankruptcy, which has given an advantage to separatist creditors and curators in executing the collateral before it is further studied by the Government through the Curator. In fact, through its superior nature, the settlement of receivables by separatist creditors is quite ambigiutive and comprehensive and fast without having to apply for bankruptcy of the previous debtor.
Copyright Assessment of The Oral Tradition of Making Fishing Traps Among Indigenous Peoples Pariela, Marselo Valentino Geovani; Saija, Ronald; Pical, Venda Jolanda; Demmatacco, Triska
Batulis Civil Law Review Vol 6, No 1 (2025): VOLUME 6 ISSUE 1, MARCH 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v6i1.2476

Abstract

Introduction: The passing on of traditions from the older generation to the younger generation is generally conveyed scientifically by word of mouth which is carried out with continuous practice, so that usually an oral tradition cannot be verified academically-scientifically but can be accepted as recognition by an indigenous community as a historical fact.  Oral culture or oral tradition is a culture in which writing has not been developed for the purpose of keeping records and passing down knowledge and history.Purposes of the Research: To examine the copyright registration for the oral tradition of making fish traps among indigenous communities on the island of Ambon to obtain recognition of intellectual property rights.Methods of the Research: The research method used is in accordance with the research objectives where the type of research used is sociolegal (sosiolegal research) namely a research method combining doctrinal legal research and empirical legal research methods.Results Main Findings of the Research: Protection of traditional knowledge (oral traditions regarding the creation of traditional fish traps) can prevent the cultural identity of the community that owns it from being lost in line with the extinction of traditional knowledge. Procedure Copyright is one part of intellectual property which has the broadest scope of protected objects, because it includes science, art and literature (art and literacy) which also includes the oral tradition of making fishing traps.
Analysis of Neglected Justice in Land Disputes in Ambon District Court Saija, Ronald
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.727

Abstract

Introduction: The main task of a court judge is to receive, examine and adjudicate and settle every case that is brought to him. Judges may not refuse to examine and adjudicate cases submitted on the pretext that the law does not exist or is unclear, but is obligated to examine and try them. The study of this decision is to test whether the decision of the panel of judges in the court of first instance reflects a substantively fair decision.Purposes of the Research: The purpose of this study is to criticize the legal considerations of judges on land disputes objectively.Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.Results of the Research: The analysis used in this study is a qualitative analysis to answer the problems studied. The results of the research and discussion stated that the judge's decision in the District Court Decision Number 242/Pdt.G/2020/PN.Amb was wrong and neglected to provide legal considerations as legal objectives, namely aspects of justice, aspects of expediency and aspects of legal certainty. In these aspects, the judge was wrong and wrong in considering the ownership of a plot of land with an area of 267 M2 with a Certificate of Ownership in the name of the Defendant, namely Hana Marthina Leuhery Number 1739/desa rumah three, 15-05-2011, Letter of Measurement dated 5 May 2011 according to PRONA from the national land agency, so that aspects of justice, aspects of usefulness and aspects of legal certainty are neglected.
Co-Authors Alfons, Gilberth Apituley, Werner Marfendo Bakir, Herman Berlianty, Teng Fataruba, Sabri Joris, Tesalonika Luana Lenggono, Roy Prabowo Muchtar Anshary Hamid Labetubun Nabila, Syadzwina Hindun Nancy. S. Haliwela Panjaitan, Wijaya Natalia Pariela, Marcelo Valentino Geovani Pariela, Marselo Valentino Geovani Pariela, Marselo Valentino Giovani Pical, Venda Jolanda Radjawane, Pieter Reniwurwarin, Alfin Mubin Sachmad, Yuniar Sahusilawane, Clarion SIHITE, SRI RUMADA Tesalonika, Iming Maknaan Tomasoa, Juliane Irene Triska Demmataaco Triska Demmatacco