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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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Kekuatan Hukum Register Dati Sebagai Alat Bukti Terhadap Penguasaan Dan Pemilikan Hak Atas Tanah Fatihatul Mujahid Rafsanjani Pontoh; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1420

Abstract

Introduction: Customary law communities recognize customary land as ulayat land. Purposes of the Research: The purpose of this study is to find out and explain the legal power of the data register as evidence against the control and ownership of land rights.Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that the position of the dati register is as evidence of legal ownership of land rights for the dati community belonging to the customary law community. The dati register provides and guarantees a legal certainty for customary law community groups over dati land. Because it has a position that can be equated with legal evidence of rights to land rights, then dati has binding legal force on the control and ownership of rights to land rights. Therefore, in the settlement of a case related to the land of the dati, the judge may refer to or make the register of the dati as evidence of ownership of the rights to the land of the dati.
Perlindungan Hukum Bagi Pihak Yang Dirugikan Dalam Perjanjian Kerjasama Pembiayaan Biji Nikel Hamada Reinaldy Mantulameten; Merry Tjoanda; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1457

Abstract

Introduction: This article analyzes the business cooperation agreement which in practice, the principle of balance is often ignored, so that when a default occurs, the creditor consortium cannot force the debtor to carry out its achievements through the execution of the debtor's assets as collateral, due to the lack of collateral provided by the debtor.Purposes of the Research: The purpose of this article is to find out the implementation of the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos, and to find out about legal protection for the aggrieved party in the financing cooperation agreement between PT Kingstone Anugerah Perkasa and PT Bumi Putera Abadi with PT Trobos Minerals. Methods of the Research: The research method used is normative juridical with a statutory approach conseptual approach and case approach, and uses secondary data and is analyzed qualitatively.Results of the Research: The financing cooperation agreement between PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi and PT Mineral Trobos did not go well. This is because in the post-contract/implementation phase of the agreed contents of the agreement, PT Mineral Trobos defaulted by not carrying out its obligation to complete the permit no later than 60 days from the signing of the financing cooperation agreement, so that PT Kingstone Anugrah Perkasa and PT Bumi Putera Abadi have the right to filed a lawsuit for default of PT Mineral Trobos to the Kendari District Court.
Responsibility Of The Tual City Government In An Effort To Protect The Copyrights Of Batik Kei Motives Agustina Balik; Yosia Hetharie; Novyta Uktolseja
Unram Law Review Vol 7 No 1 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i1.260

Abstract

This study aims to identify and analyze the responsibilities of the Tual City government in providing legal protection in the field of intellectual property rights, especially copyright for Batik Kei motifs. This research is socio-legal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Tual City, namely the Kei Batik Craftsman with the name Camelia Batik Kei. The types of data in this study are primary data and secondary data obtained through library research and interviews. Based on the results of the research, the Tual City government has an important role in providing copyright legal protection for Camelia Batik Kei's business. But in reality, although the Tual City government often displays Kei Batik motifs which incidentally elevate Kei customs and culture, from the aspect of copyright protection, the government has not given it at all. The entrepreneurs of Camelia Batik Kei are also not very aware of the importance of registering and protecting copyright laws for Kei Batik’s motives. Therefore, there is a need for socialization and cooperation with the local government of Tual City to provide copyright legal protection for Kei batik motifs.
Registration of Copyright as Guarantee of Batik Motif Legal Protection (Comparation Study of Indonesia, Malaysia and Thailand) Agustina Balik; Yosia Hetharie; Novyta Uktolseja; Putri Anggia; Revivo Tulaseket
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.61019

Abstract

This study aims to identify and analyze the legal protection of Kei batik motifs through copyright registration and the role of local governments in providing legal protection for these Kei batik motifs. This research is a sociolegal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. Based on the results of the research, Camelia Batik Kei's business raised batik motifs based on the philosophical customs and culture of the people of the Kei Islands. In the aspect of intellectual property rights, Batik Kei has not been touched at all either through the awareness of the business actors themselves or the local government. Even though the Kei Batik motif with the traditional and cultural characteristics of the Kei people is very promising from the aspect of business development, that's why legal protection through registration of intellectual property rights in the field of copyright is very important. The Government of Indonesia, should also play an important role in terms of contributing through mentoring and empowering businesses of this kind which of course do not only provide economic and moral benefits to creators but also to the region and the people of Kei. When compared to neighboring countries such as Malaysia and Thailand which also have works of art in the form of batik, Indonesia has a variety of batik motifs with different styles between regions. Therefore, good legal protection is needed so that it is not claimed by other parties or even other countries.
Kepemilikan Tanah Eks Eigendom Verponding 1065 Yang Ada Di Negeri Tawiri Rizal Riski Kailul; Adonia Ivonne Laturette; Novyta Uktolseja
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10670

Abstract

Introduction: Land is a very important thing in Customary Law (can be referred to as Customary Land Law). The relationship between humans and land is closely related, namely land as a place for humans to live and continue their lives. Customary land is the property of customary law communities that have been controlled for a long time. Customary land law, known as land rights in Indonesia, such as ulayat lands, private lands, business lands, Gogolan lands, bengkok lands, agrarisch eigendom lands, and others. Purposes of the Research: This writing aims to find out the relationship between humans and the soil is very related to the land as a place for humans to live and continue their lives. While eigendom is a right of ownership to a land asset that existed during the Dutch colonial era that is subject to the provisions of Western land law in force for eigendom rights, then with the promulgation of the UUPA, the unification of Indonesian land law with the former Western rights that have not been converted to land rights as stipulated in the UUPA. Methods of the Research: legal writing that is juridical normative approach Results / Findings / Novelty of the Research: that the arrangement of compensation for the right of ownership of the Land of the former Eigendom Verponding 1065 that has not been converted is still possible to obtain proof of ownership, but not through conversion again but through granting new rights to the Office of the National Land Agency (BPN) with a certificate of ownership issued by the village head of the local area. Procedures and stages of land registration carried out by BPN Ambon on former Land objects eigendom 1065 the process of land rights derived from western rights including eigendom verponding to obtain legal certainty, by implementing the provisions of PP No.24 of 1997 consistently, well and truly will be about the right to land eigendom verponding, which ensures legal protection for holders of rights to the land of the former eigendom verponding. then the bookkeeping is simply done by giving a stamp/stamp on the evidence by writing the type of rights and rights number converted, which is regulated in PP Regulation No.24 of 1997 on land registration
Perlindungan Hukum Terhadap Pemilik Hak Atas Tanah Dalam Proses Pengadaan Tanah Untuk Kepentingan Umum Dwi Nurul Aulia Pattiha; Jemmy Jefry Pietersz; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10101

Abstract

ABSTRACT: Procurement of land for public purposes is not carried out according to the stages such as planning, preparation, implementation and delivery of results and even at these 4 (four) stages disputes often occur so that owners of land rights lose their rights without compensation or the compensation they receive is not appropriate as a form of legal protection for the owner of the right to land. Purposes of the Research, reviewing and analyzing the land acquisition process for public interest can lead to land acquisition disputes, as well as reviewing and analyzing legal remedies for owners of land rights in the process of land acquisition for public interests. Methods of the Research the type of research used is normative juridical research using a problem approach, namely the statutory approach and the concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research with legal material analysis techniques, namely qualitative. Research results show that land acquisition for the public interest is very prone to causing disputes. This is because in the process of land acquisition for the public interest it is not carried out based on the provisions, because land acquisition for development for the public interest is carried out through the stages of: planning, preparation, implementation and delivery of results, not implemented These four stages cause disputes in the process of land acquisition for the public interest so that owners of land rights can take legal action as a form of legal protection against ownership of land rights to obtain compensation or objections can be made through non-litigation channels, namely deliberations, while the litigation path, namely the judicial process of Objections to location determination can be submitted to the PTUN, while objections to determining the form and amount of compensation are submitted to the local District Court.
Implikasi Hukum Pendaftaran Atas Tanah Adat (Tanah Dati) Terhadap Pemegang Hak Lainnya Flauangelia Herisli Wattimena; Jenny Kristiana Matuankotta; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10852

Abstract

ABSTRACT: Land registration in Indonesia is a government obligation mandated in law No. 5 of 1960 concerning land rights, both for individual land and customary land which is jointly owned land in Ambon is called dati land. Common land or dati land if it is registered by including in the name of one person as the owner, it will have legal implications for other rights holders. The type of research is normative juridical research, while the research approach is the statue approach, conceptual approach and finally the case approach or case approach. The technique of collecting legal materials used in this study was to conduct a literature study. The results of the research in this paper are that other rights holders, such as the dati's children whose names are not listed on the land certificate, are not legally the owners of land rights, so that later if there is a dispute over ownership and control over land among the dati's children, the dati's children do not get legal protection.
Badan Penyelenggara Jaminan Sosial (BPJS) Sebagai Syarat Peralihan Hak Atas Tanah Faradila Attamimi; Merry Tjoanda; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10854

Abstract

ABSTRACT: The inclusion of BPJS provisions as stated in Presidential Decree No. 1 of 2022 as a condition for transferring land rights in the community has drawn some controversy and criticism, because this has nothing to do with buying and selling land and BPJS for health. The government should increase the transparency of BPJS health management and services if it wants to attract people to become participants. This legal research focuses on normative juridical research with a conceptual approach and statutory approach, the analytical method used is descriptive qualitative. The legal materials in this study are primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials are then interpreted and analyzed. The results of the study show that the Presidential Instruction (Inpres) Number 1 of 2022 is in principle the same as Government Regulation Number 24 of 1997, except that Presidential Instruction Number 1 of 2022 includes the addition of the requirement for a Photocopy of BPJS Kesehatan Participant Card for the purpose of registering the transfer of land rights. This research also shows that there is no relationship (correlation) between the inclusion of the BPJS requirements and the registration of the transfer of land rights because it is considered insignificant or has no relationship at all with the interest in transferring names in terms of transferring land rights, but it is related to the government's commitment to ensure that all levels of society have health insurance, namely optimizing the implementation of the National Health Insurance program.
"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.
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