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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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Juru Damai Dalam Penyelesaian Perselisihan Perkawinan Dengan Menggunakan Adat Di Negeri Pelauw Tuankotta, Abdul Gani; Latupono, Barzah; Labetubun, Muchtar Anshary Hamid
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.v1i2.12091

Abstract

Marriage is a bond, a very strong agreement, obedience to God's commands, so practicing it is worship, every marriage that is carried out ends until death is separated, but some are divorced a few moments later. The reasons for divorce vary, including financial, infidelity, jealousy, domestic violence (domestic violence), a moral crisis, one of the two cannot fulfill their respective obligations as husband and wife to form a family, and there may also be a violation of the rules. and marriage regulations Lack of understanding of purpose. If every couple knows and enforces this rule, and understands every implication of the goals of marriage, family happiness will be very easy to achieve, and far from divorce. The type of research used in this study is normative juridical, by examining legal materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials and the legal analysis technique used is qualitative descriptive analysis. The result of the research is The traditional marriage procedure in Pelauw State starts from the process of proposing to the bride, the first day of the wedding is often referred to as Tifa night, namely a series of customs carried out by the bride, and the second day ma'asiwa sour, namely a series of customs carried out by the bride and groom from the family or the groom's traditional house brings the treasure to the bride's residence and then a few hours later the marriage ceremony takes place. The task of married brothers as peacemakers in resolving disputes is to examine the problems experienced by the husband and wife. So that they can summarize the problems they face and provide advice and peaceful efforts to the disputing parties.
Eksistensi Lembaga Adat Dalam Penyelesaian Sengketa Pertanahan Mahu, Muhammad Ridwan; Nirahua, Salmon Eliazer Marthen; Salmon, Hendrik
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.v1i2.12092

Abstract

In customary law communities, disputes have long been resolved by deliberation and consensus through customary institutions known as customary courts. Usually, those who act as judges in these institutions are traditional leaders (customary heads) and religious leaders. The purpose of this study is to determine and analyze the position of customary institutions in resolving land disputes, as well as whether the decisions of customary institutions have binding legal force. This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied. The position of customary institutions in land disputes as Customary Judicial Institutions used to resolve conflicts that generally occur in customary law communities is by way of dispute resolution outside the court according to the customary law system based on peace and harmony in people's lives. The decisions of the Customary Courts have binding force on the disputing parties, although in the hierarchy of judicial power the decisions of customary judges are not explicitly recognized, but in practice the existence of customary judges decisions is still recognized as long as the customary law community is also recognized and implemented by the disputing parties so that every decisions issued by customary judges are binding on the customary law community concerned.
Kedudukan Sinamot Sebagai Syarat Sahnya Perkawinan Dalam Masyarakat Adat Batak Toba Menurut Perspektif Hukum Positif Panjaitan, Wijaya Natalia; Pratiwi, Dita Ayudia; Nabila, Syadzwina Hindun
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.v2i1.13048

Abstract

Customary law is a law that is applied and evolve in the life of the community which is constitutionally equal to the law in general. One of them is the validity of Batak toba customary law for the Batak toba indigenous people. Batak toba culture has a custom called giving Sinamot to the woman as a token when carrying out traditional marriage as a symbol of the seriousness of marriage. The sinamot requirement in traditional Batak marriage is a mandatory requirement in marrying, but oftentimes this sinamot customary event is only considered as a traditional and cultural ceremonial event that is held and not as a customary requirement as a legal provision that should be recognised as equal to positive law provisions that have legal implications. This research is to identify the position of sinamot as a condition for the validity of Batak toba traditional marriage from the perspective of positive law. The research method is normative juridical research with a literature review. Sinamot is not only a customary and cultural event requirement in the implementation of marriage but also a customary requirement that has the same value as legal provisions as one of the conditions for the validity of marriage in addition to the validity based on Marriage Law Number 1 of 1997 Juncto Law Number 16 of 2019.
Kedudukan Hak Ulayat Masyarakat Hukum Adat Untuk Kepentingan Investasi Talahatu, Roleine Marshin; Laturette, Adonia Ivonne; Radjawane, Pieter
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.v2i1.13285

Abstract

Recognition of the customary customary rights of indigenous peoples has been recognised in the 1945 Constitution of the Republic of Indonesia, thus it is not explicitly mentioned in the PA Lawon customary rights or lordship rights, but nevertheless itrecognizes and respects the position of customary rights or lordship rights or the implementation of its management for investment purposes derived from state land and customary land are regulated in government regulations which are the implementation of the Job Creation Law, but in reality still cause disputes and / or conflicts antara mcommunity hukum adat with Investors related to Investment, this is the author's concern to study it in writing this thesis. The research method used in writing this thesis uses the normative juridical method. The results of the study found that, the position of customary rights is not state land but customary rights are a right to land that is different from other land rights, so that the arrangement and management for investment interests derived from customary rights to obtain customary law community land to carry out their business activities must not cause problems to local customary law communities so that the determination of customary rights into management rights is a form of state recognition of the customary rights of indigenous peoples. The purpose of the government regulation on management rights is to make it easier for investors to get land to invest because with the availability of land, investors can manage land to run their business, but in reality the management rights of land derived from customary rights of customary law communities for investment by entrepreneurs or companies still cause problems for local customary law communities. Given that the position of customary rights of customary law communities in reality still exists, related to its management derived from customary rights or customary land, customary law communities are expected to the government to the existence of customary rights or customary land, besides that there is also a need for the involvement of indigenous peoples in the implementation of investment activities and for the smooth implementation of investment activities, the Central Government and local governments may grant permits to investors to operate in the area where the investment object is located but there is also a need for the involvement of Customary Law Peoples through contracts or agreements with investors that must be carried out.
Perlindungan Hukum Terhadap Tanah Adat Terlantar Yang Belum Ditetapkan Sebagai Tanah Hak Pengelolaan Masyarakat Hukum Adat Basar, Naomi Anastaria; Matuankotta, Jenny Kristiana; Uktolseja, Novyta
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.v2i1.13289

Abstract

Traditional land is land left by ancestors and is believed to have supernatural powers that are shared by a group of people. Abandoned land is land that is not cultivated or utilized. Based on article 8 letter a of Republic of Indonesia Government Regulation Number 20 of 2021 concerning controlling abandoned areas and land. Land with management rights that is excluded from the object of controlling abandoned land is land with management rights of indigenous communities. In this thesis, we examine customary land which is not the object of abandoned land, with the issues raised being the regulation of abandoned customary land in the Wermaktian sub-district, Rumsalut village and how to provide legal protection for abandoned customary land which has not been designated as the management right of customary law communities. This research uses a normative juridical method using a statutory approach, a conceptual approach and a case approach, as well as using primary, secondary and tertiary legal materials. The legal materials collected in the research are analyzed in a descriptive manner to draw conclusions. The results of this research show that regulations regarding abandoned customary land according to Law Number 5 of 1960 and Government Regulation of the Republic of Indonesia Number 20 of 2021 state that abandoned customary land in its regulation remains the management right of customary law communities. Then legal protection for abandoned customary land should be a form of protection for the dignity of customary law communities in accordance with the 1945 Constitution, article 18 b paragraph 2.
Pembagian Harta Warisan Berdasarkan Hukum Adat Tuharea, Fatma Wati; Angga, La Ode; Lakburlawal, Mahrita Aprilya
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.v2i1.13558

Abstract

Customary inheritance law is the legal rules that regulate how to pass on and transfer tangible and intangible assets from generation to generation. Thus, customary inheritance law contains three elements, namely the existence of inheritance or inherited assets, the existence of heirs and heirs. Apart from the three elements of customary inheritance law, it is also influenced by the three kinship systems that exist in Indonesian society, namely the patrilineal system, matrilineal system, and parental or bilateral system so that customary law in Indonesian society is a diverse law. Indonesian society still applies the distribution of inheritance according to customary law, one of which is in Maluku Province, namely Elfule Village which adheres to a patrilineal kinship system, namely the lineage that originates from the father. This can be seen from the clan of the residents of Elfule Village. With this background, the status of men in among indigenous peoples is automatically higher than women. If property is distributed according to customary law in Elfule Village, it is important to note that the son who receives the inheritance from his parents' inheritance is the oldest son. The method used in this research is the sociological juridical method. Research data sources include primary data sources and secondary data sources. Data collection was obtained through interviews and then the data was processed and analyzed qualitatively. The results of the research show that Elfule Village in principle adheres to a patrilineal kinship system, namely the line of descent from the father so that in the distribution of inheritance, Elfule Village adheres to a male majoritarian system, however, in developments based on research results, it turns out that the inheritance process in Elfule Village has experienced a shift where some of the female children have get an inheritance from the assets inherited from their parents such as villages and long-lived plants, why is the daughter's share smaller because when the daughter marries she will follow her husband and join his new family, in this case the distribution of inheritance is done before the heir dies.
Hukum Molo Batu: Bentuk Penyelesaian Sengketa Dalam Kelompok Masyarakat Ada Noya, Ekberth Vallen
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.v2i1.13570

Abstract

A customary law community is an arrangement of customary law associations whose members are bound by territorial and genealogical factors. Legal experts in the Dutch East Indies era gave the understanding that a territorial customary law community was a permanent and orderly community, which was bound to a certain area, both in worldly terms as a place of life and in spiritual terms as a place of worship for ancestral spirits. . Recognition and respect for the existence of customary justice can be seen through article 18 B paragraph 2 of the 1945 Constitution. Article 18 B paragraph 2 of the 1945 Constitution. The State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and principles of the Unitary State of the Republic of Indonesia, which are regulated in law. The law of Molo (Diving) Batu is a custom of indigenous peoples that occurs in Hulaliu Country, Huaruku Island District. Molo Batu is a traditional procession to resolve land boundary disputes. Usually the Molo Batu procession is the end of the stages taken by the traditional institutions of Hulaliu Country, where the procession resolves land disputes. is the same as traditional institutions in general, where it starts with mediation, gathering evidence, reviewing the location or what is usually called pulling the chain (chain) at the boundary, decision making by Upu Pati Launusa (King) and Saniri, if one party feels they are not benefiting then will continue with the Molo Batu customary law.
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.
Identifikasi Pela Gandong Dalam Merilis Hubungan Kekerabatan Dyastuti, Risqi Mumpuni
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.v2i1.13632

Abstract

Cultural diversity in a society triggers conflict. Conflict resolution due to primordialism is needed in order to achieve a peaceful and prosperous society. The legal consequences of a conflict, as well as the inability of an indigenous community can lead to legal relations that are expected to strengthen unity. So it is necessary to identify existing cultural relations accompanied by kinship relations between communities as a guide in social life. The purpose of this article is to find out the culture in the community as a conflict resolution and the form of legal relations from the community due to a legal act that still upholds culture in order to achieve unity. The method used is normative juridical, diagnostic with document studies. The data used is public secondary data. The data collection method used is using the method of uninvolved observation. The results show that pela-gandong can be used as a conflict resolution, used as a tool for poverty reduction and causes kinship relations between people who do not have the same blood background or descent and establish a cooperative relationship that helps each other until next generation.
Masyarakat Adat Dan Perilaku Yang Dapat Mengancam Kerusakan Lingkungan Noya, Ekberth Vallen
BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 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.v2i2.15960

Abstract

A customary law community is an arrangement of customary law associations whose members are bound by territorial and genealogical factors. Legal experts in the Dutch East Indies era gave the understanding that a territorial customary law community was a permanent and orderly community, which was bound to a certain area, both in worldly terms as a place of life and in spiritual terms as a place of worship for ancestral spirits. . Customary law is a rule of human custom in living in society. Since humans started families, they have arranged their lives and those of their family members according to their habits. So, seen from the development of human life, the emergence of law starts from the human person which continues to develop into habits and customs which become the customs of a society. Gradually, the community or community groups make this custom a custom that should apply to all members of society, so that it becomes "customary law". Environmental management, including prevention, control of damage and pollution as well as restoration of environmental quality, has required the development of various tools, policies and programs as well as activities supported by environmental management support systems. Community participation is basically a process that involves the community, generally known as community participation. namely a two-way communication process that takes place continuously to increase the public's full understanding of an activity process, where environmental problems and needs are being analyzed.

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