Article Per Year (5 Year)
p-Index From 2021 - 2026
2.266
P-Index
This Author published in this journals
All Journal Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal LUTUR Law Journal KANJOLI Business Law Review BAMETI Customary Law Review
Sinaga, Roulinta Yesvery
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : PATTIMURA Legal Journal

 1 
Kekuataan Hukum Perjanjian Lisan Antara Agen Kelapa Sawit Dengan Petani Sihite, Sri Rumada; Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 3 No 1 (2024): April 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.v3i1.13047

Abstract

Introduction: Oral agreements that occur between oil palm farmers and oil palm agents where the agreement is buying and selling oil palm orally. However, there is a problem where the palm oil agent turns out to be in default. This writing is to examine the oral agreement between oil palm agents and oil palm farmers in Teluk Dalam Village. Purposes of the Research: The purpose of this research is to know the legal force of oral agreements between oil palm agents and oil palm farmers in the village of Teluk Pulai. Methods of the Research: The research method is normative juridical with the type of library research and field data. Results Originality of the Research: The results of the oral agreement on the sale of oil palm between the oil palm agent and the oil palm grower which of course this is considered valid due to the fulfillment of the elements and conditions that have been determined. The agreement made must be serious, in good faith and know the provisions of the object, price and capacity between the parties, it is necessary for the parties to comply with these provisions to ensure the validity and enforceability of the sale and purchase agreement in the context of civil law in Indonesia.
Dualisme Makna Akta Pengakuan Hutang Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 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.v1i3.7506

Abstract

Introduction: Deed of debt recognition as an authentic deed can be made in two forms, namely as a debt agreement or equivalent to a credit agreement and as an assessor agreement of a credit agreement deed that is grosse deed. Both types of debt acknowledgment deeds are still used in public life, the benefits and functions of each deed are different, because the position is different, the impact of the deed is also different. Purposes of the Research: The purpose of this research is to see the differences in the actualization of the deed of recognition of debt in practice and to examine the position of the deed of debt recognition and the contribution of each deed in the legal relationship of the parties. Methods of the Research: This research was conducted in a normative juridical manner, namely by examining the existing secondary data in the field of law as library data which is focused on examining the application of rules or norms in positive law so that the data used by the author is secondary data. Results Originality of the Research: The dualism of interpreting the meaning of debt recognition basically has the same hope, namely the existence of a legal relationship in debts and receivables, the position deed of debt recognition as an authentic deed has a formal function and the function of evidence, the strength of the debt recognition deed provides perfect evidentiary power. The position of debt recognition as a grosse deed should not be merely a scrap of paper because it requires a follow-up to the imposition of collateral through a separate deed of guarantee, then the debt recognition as an assessor agreement becomes an intermediary deed which seems futile. The dualism of the meaning of this deed of recognition of debt would not occur again and provide a harmonious understanding. if you really want to emphasize it, you should use the term 'debt agreement or credit agreement' which is domiciled as the main agreement, without a grosse deed followed by the binding of special guarantees, both individual and material guarantees for the interests and legal protection of the parties.
Kewenangan Notaris dalam Mewujudkan Kebahagiaan Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 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.v2i1.8469

Abstract

Introduction: Civil relations, especially engagement relations, are a major factor in the growth and development of society.The actual form of the resulting agreement is the choice of the parties, but for the purposes of evidentiary law, the form of the agreement in a notarial deed (written) has a stronger position. Purposes of the Research: The purpose of this study is to examine the authority of a notary in making authentic deeds and to review the existence of a notary's deed in providing happiness based on the agreement of the parties. Methods of the Research: This research was carried out in a normative juridical manner, using bibliographical data as secondary data to examine rules and norms in law. Results Originality of the Research: The authority of a notary in making agreements is a mandate. The freedom to contract the parties accompanied by the principle of good faith is then stated in a notarial deed that should give happiness to the contracting parties. The position of a notary as an intermediary must accommodate the needs of the parties, both from the pre-contract stage, and the contractual stage to the post-contract stage. The notarial deed is also a means of happiness and light for the contracting parties
Affidavit Sebagai Ratio Decidendi Putusan Onslag Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 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.v2i3.10927

Abstract

Introduction: The court concluded that the defendant had committed the acts alleged but that these did not constitute a criminal offense and were properly classified as a civil matter (onslag van recht vervolging) under Article 191(2) of the Indonesian Criminal Procedure Code. This ruling provoked profound dissatisfaction among KSP Indosurya depositors, who felt that their rights had not been adequately addressed within the criminal justice framework. Central to the court's legal reasoning was the submission of an Affidavit—a sworn declaration treated as a pivotal piece of evidence. Purposes of the Research: This study seeks to examine the existence and significance of the Affidavit as a foundational basis for the court's onslag decision. Methods of the Research: Utilizing a normative legal methodology, this research combines a case approach and statutory analysis and is conducted through a descriptive-analytical framework. Results Originality of the Research: An Affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the Affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration, due to the presence of the Affidavit, has undoubtedly achieved legal certainty; however, the element of utility still needs to be questioned. The role of the judge in rendering a decision should not be solely based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should enable it to penetrate the reasons why parties bring criminal claims, thereby producing a clear result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.
Co-Authors Dyastuti, Risqi Mumpuni Kuahaty, Sarah Selfina Kuahaty, Sarah Selfinah Pesulima, Theresia Louize SIHITE, SRI RUMADA