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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 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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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.
Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Saija, Ronald; Letsoin, Fransiscus X. V. R; Akyuwen, Rory Jeff; Radjawane, Pieter
SASI Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Abstract

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.
Co-Authors Akyuwen, Rory Jeff Alfons, Gilberth Apituley, Werner Marfendo Bakir, Herman Fataruba, Sabri Joris, Tesalonika Luana Lenggono, Roy Prabowo Letsoin, Fransiscus X. V. R Muchtar Anshary Hamid Labetubun Nabila, Syadzwina Hindun Nancy. S. Haliwela Nikodemus, Jimris F Nussy, Michael 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 Tamher, Gunawan Tesalonika, Iming Maknaan Triska Demmataaco Triska Demmatacco