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Center for Coastal Studies and Indigenous Law Society, Faculty of Law, Universitas Pattimura, Unpatti Campus, Jl. Ir. M. Putuhena Poka Campus, Ambon, Maluku 97233, Indonesia.
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BAMETI Customary Law Review
Published by Universitas Pattimura
ISSN : -     EISSN : 2988778X     DOI : 10.47268/bameti
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BAMETI Customary Law Review, which is abbreviated as (BAMETI Customary Law Rev.), is a peer-reviewed media managed and published by the Center for Coastal and Customary Law Community Studies, Faculty of Law, University of Pattimura. BAMETI Customary Law Review publishes scientific papers in the field of law, published three times a year in June and December. The aim of this journal is to provide a place for academics, students, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports a greater global exchange of knowledge. BAMETI Customary Law Review is available online. The languages ​​used in this journal are Indonesian and English. The scope of the articles published in this journal discusses various issues in the fields of Customary Law Community and other sections related to contemporary issues in the field of Customary Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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Akibat Hukum Sipalaiang (Kawin Lari) Pada Suku Mandar Menurut Undang-Undang Perkawinan Baharuddin, Wahdaniah
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.v1i1.9806

Abstract

Sipalaiang in the Mandar tribe according to the law. Sipalaiang is a social phenomenon carried out by some Mandar tribal peoples. Sipalaiang is considered the last resort for couples who are in love who want to get married, but because there are several factors that make it impossible, including not getting the blessing of one or both parties' parents or family. Purpose of the Research to provide an explanation of the meaning and legal consequences arising from sipalaiang marriage in the Mandar Tribe. The research method used is normative with a statutory approach and a conceptual approach. The sources of legal materials used are primary and secondary legal sources. The technique of collecting legal materials used in this study was through library research and reviewing some of the literature. The legal materials used were primary and secondary which were analyzed qualitatively and then presented descriptively. Results of the Research, sipalaiang in the Mandar custom is a culture of eloping by the Mandar tribe which means between a man and a woman who love each other and agree to build a household but are hindered by several factors so that the marriage is carried out without the presence of the family and a marriage like this can be said to be a disgrace, both for the families of both parties and those who carry out the silariang. As for the factors that influence sipalaiang, namely, there is no blessing from parents, against arranged forced marriages, the habits of some parents in finding a mate for their children and differences in social strata. Therefore, the marriage has legal consequences that can be canceled in accordance with the provisions of the applicable laws and regulations which are explained in Article 6 paragraph 1 of the Marriage Law.
Uang Panai’ Sebagai Salah Satu Syarat Perkawinan Pada Suku Bugis Makassar Ruslan, Dyah Auliah Rachma
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.v1i1.9807

Abstract

Uang Panai' is an amount of money that must be given by the prospective husband to the family of the prospective wife which is used as expenses for the wedding reception. The tradition of giving Uang Panai' is one of the concerns of many people outside the Makassar Bugis tribe because it is not uncommon for the bride's family to ask for fantastic amounts of Uang Panai. This sometimes burdens the prospective groom and his family, causing the prospective groom to withdraw and cancel his intention to marry the prospective bride. This is what makes the writer feel interested in discussing Uang Panai' as a condition for marriage in the Makassar Bugis tribe. The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. Results of the Research is uang Panai' is not a legal condition for marriage, but only an additional condition that is customary for the Bugis people. So that if the bridegroom does not give Uang Panai', the marriage can still take place and remains valid religiously and legally
Penguasaan Dan Kepemilikan Hak Atas Tanah Menurut Hukum Adat Larvul Ngabal Rumaf, Ahmad Muhajir; Matuankotta, Jenny Kristiana; Labetubun, Muchtar Anshary Hamid
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.v1i1.9901

Abstract

Customary law develops following the development of society and existing folk traditions. Customary law is a deposit of decency in a society whose truth is recognized in that society. Purposes of the research: 1. To find out and analyze how land rights are regulated based on Larvul Ngabal Customary Law. 2. To find out and analyze the obstacles to enforcing Larvul Ngabal customary law. Methods of the research: Normative Juridical Law is used as a type in this study. This type of research in a normative juridical manner conducts studies originating from legal materials, doctrines, principles, legal principles, as well as positive legal provisions that aim to answer the legal issues being studied. Another name for normative research is doctrinal legal research which is commonly called library research because the purpose of this research is written regulations or other legal materials. The results of the study show that the contents of the Larvul Ngabal Law do not specifically regulate the regulation of land rights, control and ownership of land parcels by the Kei indigenous people, which are regulated by each Orong Kai (Head of Ohoi) and Head of Marga based on the regulations in force within the indigenous peoples. . The regulations for each Ohoi regarding land tenure and ownership existed long before the Larvul Ngbal Law existed. Obstacles in upholding larvul Ngabal customary law, namely with the development of the era the habits and understanding of indigenous peoples faded, making it difficult for customary functionaries to apply customary law, apart from that, there was no support from the local government in this matter to form a regional regulation that supports the implementation of the law. customs related to land rights.
Penyelesaian Sengketa Transaksi Tanah Adat Bandu, Sri Jekan Anggun; Tjoanda, Merry; Uktolseja, Novyta
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.v1i1.9903

Abstract

This study discusses the legitimacy of customary land transactions, land ownership by conducting land transactions, the emergence of disputes from customary land transactions, and the process of resolving disputes over customary land transactions through litigation and non-litigation channels. Purposes of the Research: To find out the legitimacy of customary land transactions and find out about the dispute resolution process of customary land transactions. This study uses the Normative Law research method which is carried out by examining legal materials related to the problems being studied, using statutory and conceptual approaches, and using primary and secondary data and analyzed descriptively. Results of the Research: Basically transactions are made individually, the transaction still may not conflict with normative provisions that exist in society (requirements for the validity of the agreement/transaction; legal reasons). Because it cannot be separated from society, transactions in customary law can only be said to be valid if individual interests are balanced with the interests of society. In the process of resolving customary land transaction disputes, litigation and non-litigation can be carried out. Settlement of disputes over customary land through litigation as a settlement of disputes between parties which is carried out through examinations before judges in court institutions, in the development of the times the community's need for justice and prosperity is getting bigger. So the settlement of disputes through litigation or courts is gradually felt to be less effective, the settlement of land disputes through litigation is felt to take too long and costs quite a lot. This situation causes justice seekers to look for other alternatives, namely by resolving disputes outside the formal court process, an alternative known as dispute resolution through non-litigation channels.
Perlindungan Hukum Terhadap Hak Masyarakat Hukum Adat Setelah Berakhirnya Hak Guna Usaha Urasana, Yules Moses; Laturette, Adonia Ivonne; Radjawane, Pieter
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.v1i1.9904

Abstract

Legal protection of the Ulayat Rights of the Customary Law Community is the highest tenure right of the customary law community covering all lands as well as those belonging to certain environmental areas. The purpose of this study is to discuss the legal protection of the rights of indigenous peoples after the expiration of the HGU. P.T Waitala in West Seram Regency. The type of research used by the author, in this paper, is Normative Juridical legal research, or doctrinal legal research, which is a legal research that uses secondary data sources. This is done by emphasizing and adhering to juridical aspects. Normative legal research is library research, namely research on secondary data. Results of the Research: Legal protection of the Rights of Indigenous Peoples, is a fundamental right that must be owned by customary law communities, which has been stated in the 1945 Constitution of the Republic of Indonesia Article 18b Paragraph (2) states that "The state recognizes and respects legal community units adat has its traditional rights as long as they are still alive and in accordance with the development of society. No. 5 of 1960 concerning Basic Agrarian Principles (hereinafter abbreviated as UUPA) has recognized the existence of Ulayat Rights. Existing recognition is accompanied by 2 (two) conditions, namely by looking at its existence and how it is implemented. Strictly Article 3 UUPA, explains concretely that Ulayat Rights are recognized "as long as in reality they still exist". Therefore, the legal protection of the rights of indigenous and tribal peoples needs to be emphasized in the State.
Hak Milik Di Atas Tanah Hak Ulayat Negeri Halong Sachmad, Yuniar; Saija, Ronald; Fataruba, Sabri
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.v1i1.9916

Abstract

This research discusses the Juridical Analysis of Property on Negen Halong Customary Land (Case Study of Supreme Court Cassation Decision Number 2879 K/Pdt/2019) which is the disputed land. This study aims to further discuss the juridical ownership rights over the customary land of Negen Halong. This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach. The results of the research show that the Supreme Court Judge’s Consideration in the Cassation Decision Number 2879 K/Pdt/2019) considers that against these reasons the Supreme Court is of the opinion that the reasons for cassation cannot be justified, due to legal consideration and the decision of the judex facti/Ambon High Court which annulled the decision of the Ambon District Court was correct and correct and not wrong in applying the law. Dictum of the Supreme Court Decision in Decision Number 2879 K/Pdt/2019 that after this final decision was notified to the applicant for cassation on 15 February 2019, then the petition for cassation was filed against him on 27 February 2019, as it turns out from the Deed of Request for cassation Number 6K/Pdt.G/2019/PN.Amb made by the Registrar of the Ambon District Court, the application was followed by a cassation memory containing the reasons received at the Registrar’s office of the District Court on March 6 2019.
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.
Sasi Labuang (Petuanan Negeri) sebagai Bentuk Perlindungan Terhadap Biota Laut Di Negeri Adat Noya, Ekberth Vallen
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11175

Abstract

Sasi is a community tradition that has substantive legal value, namely it is a temporary prohibition against taking forest or marine products until a certain time. Sasi can be said to have legal value, because it has norms or rules relating to methods, customs, codes of conduct and customs which contain elements of ethics and norms. All maintenance of natural resources is supervised by traditional institutions such as kings, soa heads, saniri, kewang and marinyo. However, those who play a more important role in maintaining these natural resources are the kewang and the kewang's children who function as forest rangers. Kewang plays an important role, because it is one of the elements of government which is tasked with protecting the environment both on land and at sea from the hands of irresponsible people. Sasi is a tradition that is still well maintained to this day in several existing traditional countries. in Maluku, the same thing happens in Hulaliu country, where sasi still exists, but is used for plant sasi, such as Coconut Tree sasi. In preserving the environment, currently there is a lot of environmental damage due to the actions of irresponsible people. The sasi custom can play a role in preventing this. Sasi is a combination of custom and religion and sasi is also a sacred custom.
Pengakuan Hak Ulayat Laut Menurut Hukum Agraria Lakburlawal, Mahrita Aprilya; Matuankotta, Jenny Kristiana
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11253

Abstract

This article describes the ulayat of customary law communities, especially sea communal rights, and their recognition in agrarian law. The purpose of this writing is to analyze how the existence confession of Community Sea for the local community is recognized in Agrarian Law, guided by normative legal research methods to examine the ambiguity of norms in the UUPA relating to maritime customary rights, using the approaches: statute approach, conceptual approach, as well as an analytical approach. The legal material search technique uses document study techniques, as well as study analysis using qualitative analysis, so it is found that sea communal rights, the same as the position of the ulayat, have not been explicitly regulated in Indonesian Agrarian Law, even though when discussing customary areas as an element of the ulayat, customary areas do not only cover the land (land) but also waters (rivers, lakes, beaches, including the sea), it is clear that if the customary rights of customary law communities are recognized and protected, then so will the sea communal rights.
Tradisi Makan Pinang Dalam Kesepakatan Perjanjian Di Desa Sanahu Kabupaten Seram Bagian Barat Dyastuti, Risqi Mumpuni; Baharuddin, Wahdaniah
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 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.v1i2.11319

Abstract

Customary agreements have their own legal provisions that are binding on their customary law communities. These customary rules are usually in the form of values that have been adhered to by the customary law community itself that have been implemented and applied to the customary law community for many years. This regulation is usually in oral form that has been normed to be used as a provision for the local customary law community and there are also written customary law regulations. This research is a non-doctrinal research, there are two types of data in the study, namely primary data and secondary data. Data collection techniques are carried out by means of interviews accompanied by interview guidelines. After obtaining data, it is grouped descriptively analytically by identifying and then grouping, then analyzed and described according to its hierarchy. Documents and library materials are descriptively analytical by identifying and then grouping, then reviewed and described according to their hierarchy. The tradition carried out in the country of Sanahu, Elpaputih District, West Seram Regency is the tradition of eating areca nut. This is done in order to fulfill the traditional traditions of the local country in implementing an agreement between communities. This ritual is carried out to preserve the culture in the country.

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