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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
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Law, Crime, Criminology & Criminal Justice

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Eksistensi Jaminan Hak Tanggungan Sebagai Jaminan Cross Collateral Sinaga, Roulinta Yesvery; Dyastuti, Risqi Mumpuni
KANJOLI Business Law Review Vol 1 No 1 (2023): Juni 2023 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v1i1.9949

Abstract

The freedom to impose more than one mortgage as stated in Article 5 of the Mortgage Right Act is a gap in the misconception of guarantee execution. The existence of more than one debtor or more than one creditor but still on the same collateral motorcycle taxi requires a strict application of clauses in the agreement.The purpose of this study is to examine the existence of mortgage rights as cross-collateral guarantees. This research was carried out in a normative juridical manner, using library data as secondary data for the study of rules and norms in law. The conclusion obtained from this study is that the imposition of mortgage rights can be carried out through two series of activities, namely the granting of mortgage rights and registration of mortgage rights. The freedom to be burdened with more than one mortgage to guarantee more than one debt is waived by Article 5 UUHT. The history of recording more than one mortgage will be recorded on the Mortgage Certificate (SHT) with the mention of the first/second/third rank and so on. The execution of mortgage rights can be carried out by Article 20 UUHT, namely based on the execution parate in Article 6 UUHT, Based on the executorial title in Article 14 and voluntary sale by agreement of both parties Article 20 paragraph (2). Execution constraints are still encountered in practice, especially in the imposition of more than one mortgage. The meaning of the priority principle is a misconception of the appropriate agency. In order to minimize execution constraints, the use of the cross-collateral clause is a way for the application of the creditor prudence principle. The use of cross-collateral which is equipped with cross-default and confirmed in the collateral agreement for collateral registration is then carried out.
Tedak Siten Dalam Perspektif Hukum Modern Dyastuti, Risqi Mumpuni; Sinaga, Roulinta Yesvery
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i1.9983

Abstract

Tedak Siten’s culture challenges and changes that need attention. The influence of modernization and shifting cultural values has brought changes in the implementation of this tradition. Some families prefer events that are simpler and more practical, by reducing the complex traditional elements. The purpose of the Research: This research aims to identify tedak siten culture modern law perspective. Research method: This research is doctrinal research using secondary data. The secondary data used is primary legal material, secondary legal material, and tertiary legal material. Library research is used as technique of data collection. Furthermore, technique of analysis data used in this research is qualitative data analysis with historical approach. Research Finding: Cultural and legal relations are dynamic, interactive and dialectical, in this relationship allows law as a shaper as well as an object of cultural study, and / or change positions circularly, which is turn and formed the other. In Legal Theory it is known that the learning contains legal structure, legal substance and legal culture. The current modern situation in the implementation of cultural preservation still refers to culture and law, it's just that material simplification is carried out in the implementation of ceremonies and equipment to make it more practical.
Surat Penyerahan Tanah Sebagai Instrumen Jual Beli Sinaga, Roulinta Yesvery
BAMETI Customary Law Review Vol 2 No 1 (2024): Juni 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i1.13598

Abstract

This study analyzes the position of land transfer letters as instruments for the sale and purchase of land conducted informally, particularly for uncertified land. This normative legal research focuses on the legal aspects of land transfer based on relevant laws, regulations, and customary law. The results indicate that although the sale and purchase of uncertified land are prone to disputes, this practice remains prevalent due to various reasons, including lack of procedural knowledge, avoidance of administrative costs, and the perceived simplicity of the process. Land transfer letters can function as the initial evidence of land possession and ownership by the buyer. Although not explicitly regulated by law, land transfer letters adhere to the principle of freedom of contract and are widely accepted in practice. These letters contain elements similar to sale and purchase deeds but with simpler formalities and witnesses. However, the existence of these letters has weaknesses, such as a lack of strong legal evidence and potential future conflicts. Therefore, this study suggests separate agreements regarding repurchase prices, timeframes, and voluntary sales submissions to avoid future disputes.
Literacy of Contracts for the Procurement of Goods and/or Services to Village Government Officials Kuahaty, Sarah Selfina; Pesulima, Theresia Louize; Sinaga, Roulinta Yesvery
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Issue 3, November 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i3.3386

Abstract

Introduction: The suboptimal use of village funds is due to the lack of understanding and knowledge among village government officials and Human Resources (HR) regarding proper procurement procedures, including drafting effective procurement contracts. This suggests that procurement of goods and services could potentially lead to legal issues.Purposes of The Devotion: The purpose of this community service is to transform information and legal knowledge related to the technique of Procurement of goods and/or services contract drafting from Village funds and village fund allocations.Method of The Devotion: The outreach activities are carried out by conveying counseling, discussions and training.Results Main Findings of the Devotion: Improving the understanding of staff government Sanahu village regarding contract procurement for goods and/or services is carried out to provide education on agreement law in the implementation of procurement whose funding sources come from Village Funds and Village Fund Allocations. The legal education provided is to provide an understanding of the basic concepts of agreement law, dissemination of the procedures procurement for goods and/or services in the village; and training in procurement contract drafting using simple position cases related to the procurement of office stationery for staff government Sanahu village.
Legal Consequences for Debtors Due to Failure to Remove Fiduciary Guarantees Rachmawati, Miranti Ayu; Haliwela, Nancy Silvana; Sinaga, Roulinta Yesvery
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 2, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i2.3267

Abstract

Introduction: The issue of the non-deletion of fiduciary security remains a matter that continues to be overlooked. In many cases, the deletion is not carried out by the fiduciary recipient, their representative, or attorney after the termination of the principal agreement. This situation causes harm to the fiduciary grantor, even though the loss may not be felt directly. One of the consequences is that when the fiduciary grantor applies for a loan from a financial institution, the application may be rejected because the collateral object is still recorded as active in the fiduciary registry.Purposes of the Research: To identify and analyze the factors behind the non-deletion of fiduciary security and the legal consequences for the fiduciary grantor if the fiduciary security is not deleted.Methods of the Research: The research method used is normative legal research with a statutory approach and case approach. The sources of legal materials used include primary legal materials, secondary legal materials, and tertiary legal materials. The technique for collecting legal materials is carried out through literature study using a qualitative method, along with limited interviews as supporting field data to strengthen the normative analysis.Findings of the Research: The research results show that the failure to delete fiduciary security by the fiduciary recipient is caused by their negligence and lack of awareness regarding the obligation to carry out the deletion. In addition, the absence of strict sanctions for failing to perform the deletion contributes to the issue. This situation causes harm to the public, resulting in disruptions to their economic activities. Therefore, there is a need for stricter regulations concerning the deletion process, and the Ministry of Law and Human Rights must continuously supervise these financing institutions.
Co-Authors Dyastuti, Risqi Mumpuni Haliwela, Nancy Silvana Kuahaty, Sarah Selfina Kuahaty, Sarah Selfinah Pesulima, Theresia Louize Rachmawati, Miranti Ayu SIHITE, SRI RUMADA