Journal of Social Science
Vol. 4 No. 1 (2023): Journal of Social Science

Analysis of Actions Against The Law Case of Appointment of The Pagu Tribe Custom Leader (Sangaji) In North Halmahera Regency

Alimudin Boly (Faculty of Law, Universitas Khairun, North Maluku, Indonesia)
Husen Alting (Faculty of Law, Universitas Khairun, North Maluku, Indonesia)
Suwarti Suwarti (Faculty of Law, Universitas Khairun, North Maluku, Indonesia)



Article Info

Publish Date
30 Jan 2023

Abstract

This study aims to analyze the legitimacy of the appointment of the Pagu Tribe Chief based on the Customary Law of the Pagu people, as well as examine the considerations of the judges of the North Maluku High Court (PT) in deciding the case of appointing the Pagu Tribe Head of North Halmahera as an unlawful act (PMH). The research method used in this study is empirical legal research, namely research that looks at the application of laws and regulations in society. The results of this study indicate that validity of the Appointment of the Head of the Pagu Tribe based on the reason that the role of the Traditional Head in resolving land disputes in the Pagu Tribe is as a Peace Judge in customary trials and as a decision maker where the decision is binding for the parties to the dispute. Legal basis consideration of the judge of the District Court Number 13/Pdt.G/2020/PN.Tob decided the case of appointing the tribe head as the customary institutional administrator for the North Halmahera Pagu tribe was an unlawful act (PMH). Regarding loss of wealth (hermogenschade), compensation generally consists of compensation for losses suffered and also in the form of profits that one can expect to receive (gederfdewinst). In this regard, it is not as easy as predicted to determine the amount of compensation.

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Journal Info

Abbrev

jsss

Publisher

Subject

Chemistry Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Social Sciences

Description

The Journal of Social Science is a double blind peer-reviewed academic journal and open access to social and scientific fields. The journal is published bimonthly once by Ridwan Institute The Journal of Social Science provides a means for sustained discussion of relevant issues that fall within the ...