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All Journal Unram Law Review Journal of Indonesian Legal Studies Jurnal Hukum Bisnis Bonum Commune JURNAL PENDIDIKAN TAMBUSAI Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum AJAD : Jurnal Pengabdian kepada Masyarakat DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora LUTUR Law Journal PATTIMURA Law Study Review SASI
Novyta Uktolseja
Fakultas Hukum Universitas Pattimura. Ambon, Indonesia
Religion Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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"JUSTICE ASPECTS IN THE OUTSOURCING WORK AGREEMENT IN THE MIDDLE OF THE COVID-19 PANDEMIC" Agustina Balik; Novyta Uktolseja
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.452

Abstract

Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problems. The results show that if the principles of justice put forward by the principles governing the state of workers who are laid off and sent home during the Covid-19 pandemic, then they should be treated fairly, so as to fulfill a sense of justice for the workforce. The respect given by the company to the workforce by giving what is rightfully the workforce can proportionally make the workforce accept the company's decisions gracefully, even though this is not in accordance with the work agreement that has been previously agreed. This can be applied and implemented that the Covid-19 pandemic is an overmacht, which cannot be avoided by anyone.
Penyelesaian Sengketa dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum Fengky Kotalewala; Adonia Ivone Laturette; Novyta Uktolseja
SASI Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i3.397

Abstract

Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline in quality compared to the original situation before the release of land rights.
Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) Di Kota Ambon Desy Kosita Hallauw; Jenny Kristiana Matuankotta; Novyta Uktolseja
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.v26i1.256

Abstract

Relinquishment of land rights is the relinquishment of legal relations between the holders of land rights and the land under their control by providing compensation on the basis of deliberation. Letter of Waiver of rights is evidence that is made with the aim of releasing land rights. A letter of release of customary land rights (dati) is applied in the same way as the release of land rights in general, as enforced in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The process of registering customary land rights (dati) is based on the release of customary rights (dati) issued by the customary land owner (dati) as the basis for rights. So based on the release of land rights, it can be registered at the Ambon City Land Office to obtain proof of land ownership or certificates. The letter of release of customary land rights (dati) issued by the customary State Government in Ambon City is binding as long as it is carried out based on applicable customary law and can be proven the basis of ownership rights to customary land (dati) from the customary land owner (dati) that issues the release letter the land rights. However, as long as it cannot be proven valid, the letter of release of land rights does not have binding power, thus the release of the customary land rights (dati) becomes invalid and the certificate can be canceled.
Tinjauan Juridis Perkembangan Tanah-Tanah Adat (Dahulu, Kini dan Akan Datang) Novyta Uktolseja; Pieter Radjawane
SASI Vol 25, No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.146

Abstract

Regarding land acquisition by humans (land tenure), Indonesia has its own history of the occurrence of various complex land tenure categories. Each land tenure category each has a characteristic setting regarding land ownership and ownership, and management objectives. This can be seen in Indonesian society in each area of residence other than the Indonesian people, the land also affects the government which in this case the government has the authority to control the land in use and intended for the community but the fact that the community is at a disadvantage by the government. thus how is the development of customary land which in the past was not registered, then in the present many customary land must be registered if registered so that the status of the land that was originally customary land changed status to property rights, then how to protect land adat which does not register what the impact of these lands will be in the future.
Co-Authors Adonia Ivone Latturete Adonia Ivone Laturette Adonia Ivonne Laturette Atika Sari Balik, Agustina Berlianty, Teng Desy Kosita Hallauw Dwi Nurul Aulia Pattiha Dyastuti, Risqi Mumpuni Faradila Attamimi Fatihatul Mujahid Rafsanjani Pontoh Fengky Kotalewala Flauangelia Herisli Wattimena Hamada Reinaldy Mantulameten Harun Matayane Hetharie, Yosia Jemmy Jefry Pietersz Jenny Kristiana Matuankotta Jenny Kristiana Matuankotta Jenny Kristiana Matuankotta Kesaulya, Clara Mahrita Aprilya Lakburlawal Mantaiborbir, Rocky S. Mantayborbir, Rocky S Merry Tjoanda Merry Tjoanda Mispa Christian Science Paisina Pieter Radjawane Pieter Radjawane Primus L Untajana Putri Anggia Revivo Tulaseket Rizal Riski Kailul Rory Jeff Akyuwen Ruben Lewedalu Stevi Hendi Lawalata Suryani Sappe Tjoanda, Merry Triska Demmatacco Wattimena, Ricky Marthen Yared Hetharie Yosia Hetharie Yosia Hetharie