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Adonia Ivonne Laturette
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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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Kedudukan Hukum Transaksi Jual Beli Tanah Bersertifikat Hak Milik Yang Diblokir Oleh Badan Pertanahan Nasional Teikuar, Yatno Krisando; Uktolseja, Novyta; Radjawane, Pieter
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.v2i2.15973

Abstract

Land ownership rights are marked by a certificate issued by the National Land Agency (BPN), which has strong evidentiary power regarding physical and legal data of the land. This certificate is the initial evidence that can be used by the owner to strengthen his claim of ownership rights to the land. However, this certificate can be blocked by the BPN when there are legal problems, such as demands or claims from other parties, which require the delay of the transfer of rights process until there is a legal settlement. This study aims to examine the legal status of land sale and purchase transactions with land title certificates that are blocked by the BPN and to understand the legal consequences of these transactions. The method used in this study is normative juridical with a literature study approach or secondary data to analyze various relevant regulations and literature. The results of the study show that land sale and purchase transactions with land title certificates but blocked by the BPN are not legally valid. This blockage indicates that there is a dispute or unresolved legal problem on the land, so that all forms of transfer of rights cannot be carried out legally until the block is lifted. As a result, this transaction causes a violation of the law for the parties involved, where the seller cannot transfer his ownership rights, and the buyer is at risk of not obtaining legally recognized ownership rights. On the other hand, transactions that are still carried out on blocked land can end in further legal defense, including a lawsuit for breach of contract from the buyer because the transaction is considered invalid.
Pemberian Konpensasi Dalam Pemanfaatan Tanah Ulayat Untuk Kepentingan Umum Lakburlawal, Mahrita Aprilya
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.v2i2.16358

Abstract

Land holds a fundamental position in community life, especially for customary law communities with spiritual and historical connections to their territories. This study examines the complex dynamics of customary land use for public purposes, focusing on compensation mechanisms and recognition fees (recognitie). There is a perspective gap between customary law communities and the government regarding the meaning of compensation: indigenous communities view it as a leasing right while maintaining management authority, while the government considers it a complete transfer of ownership. The research employs a normative juridical method to analyze legal regulations in Law Number 2 of 2012 concerning Land Acquisition for Public Interest Development. The study focuses on two primary aspects: compensation mechanisms in customary land use and the effectiveness of recognition fees (recognitie). Research results indicate that the implementation of customary land compensation still faces structural challenges. Compensation processes are often understood narrowly as a material transaction, neglecting the cultural, social, and spiritual dimensions inherent in customary land. Law Number 2 of 2012 has not fully accommodated the complexity of customary law community rights, as mandated by Article 18B of the 1945 Constitution.
Hak Waris Atas Tanah Adat Berdasarkan Hukum Waris Adat Sopaliu, Marzan; Laturette, Adonia Ivonne; Lakburlawal, Mahrita Aprilya
BAMETI Customary Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.18160

Abstract

Inheritance law is the law that regulates the transfer and continuation of tangible and intangible property from one generation to the next. The initiation of this procedure occurs throughout the lifetime of the parents. The subjects involved in inheritance distribution are the deceased (testator) and the heirs. The deceased and the heirs have a close relationship due to familial ties. This research aims to examine the inheritance rights over customary land based on customary inheritance law and to understand and explain it. The research uses normative juridical legal research, with primary and secondary legal materials as legal sources. The results of the study show that customary inheritance law is a law that is recognized and respected in its implementation, but the registration of inheritance transfers of land based on customary inheritance law cannot be fully carried out. The position of heirs in the inheritance distribution in Hila Village is passed down only to male children, while female children only have the right to enjoy the land, such as through farming, but are not considered heirs as long as there are male children.
Fungsi Kewang Dalam Mencegah Abrasi Pantai Dan Kerusakan Lingkungan Wilayah Pesisir Negeri Adat Noya, Ekberth Vallen
BAMETI Customary Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.18417

Abstract

The kewang institution not only functions as a guardian of ecological balance but also as a protector of the customary land rights of indigenous communities concerning natural resource management. In Central Maluku, kewang plays a crucial role in regulating access, utilization, and conservation of marine life and forests, involving the mechanism of sasi or prohibitions that must be adhered to by the local community. With deep roots in local cultural values, kewang has a clear organizational structure and the authority to enforce customary laws, including prohibitions and sanctions for violators. Kewang plays a key role in maintaining a harmonious relationship between humans and nature while encouraging the community to take responsibility for the sustainable use of natural resources. Through this role, indigenous communities in Central Maluku strive to preserve traditions and local knowledge that have existed for generations. Therefore, understanding and preserving the kewang institution is vital in efforts to maintain cultural identity and environmental sustainability in the region.
Penyelesaian Sengketa Perusakan Lingkungan Hidup pada Hutan Adat Masyarakat Sabuai Harudin, Harlinud; Angga, La Ode; Latupono, Barzah
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.v1i2.22565

Abstract

The geographical location of the Sabuai settlement has been crossed by five rivers, but when the forest upstream of the river is destroyed, the settlement will automatically have a bad impact. The destruction of the Sabuai tribal forest not only caused flooding in settlements, but also resulted in damaged residents' gardens, and crop failures, and even clean water sources were also buried by landslides. The efforts of indigenous peoples to fight for and defend their environment are very difficult. This can be seen from Sabuai Country, Pamatang Siwalalat District, Eastern Seram Regency. The indigenous people of Sabuai struggle to defend their customary forests and are in conflict with CV. Source of Prosperous Blessings. The type of research conducted in this writing is normative juridical law research that is descriptive and analytical. Normative legal research is a form of legal writing that is based on the characteristics of normative law. The results obtained in this study are: There are two (2) paths of environmental dispute resolution, namely out-of-court (non-litigation) or out-of-court settlement also called Alternative Dispute Resolution (ADR), in its implementation Alternative Dispute Resolution consists of negotiation, mediation, conciliation and arbitration and case resolution can be carried out by litigation or non-litigation routes. The settlement of cases by the litigation route means that the settlement of legal issues is carried out in court, The form of legal responsibility in this writing is a form of absolute responsibility (without error). The term unlawful act (onrechtmatig daad) before 1919 by the Hoge Raad was interpreted narrowly, that is, any act that is contrary to the rights of another person arising from the law or any act that is contrary to his own legal obligations arising from the law.
Penetapan Tradisi Boka Dalam Perkawinan Suku Buton Ditinjau Dari Perspektif Hukum Islam Dewi, Citra; Angga, La Ode; Fataruba, Sabri
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.v2i2.22009

Abstract

The Boka tradition in Butonese marriages reflects a social and cultural reality that remains deeply rooted in society, despite shifting values ​​due to modernization. In the Butonese context, Boka is a gift from the groom to the bride before marriage, which is legally equivalent to the concept of dowry as regulated in Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage. This study aims to determine and explain the procedure for determining Boka in the customary law system and the Islamic legal perspective on Boka in Butonese marriages. This study uses a normative legal research method with a statutory and conceptual approach. The legal materials used include primary, secondary, and tertiary sources, obtained through literature studies and relevant symposiums. The results show that the Boka determination procedure begins with the pabita stage (initial proposal), continues with family deliberation, and ends with the handover of Boka before the marriage ceremony. The value of Boka varies based on social stratification (kaomu, walaka, papara), but still upholds the principle of deliberation. From an Islamic legal perspective, the Boka tradition is acceptable as long as it is implemented with the principles of justice, simplicity, and willingness, in line with the purpose of the dowry in Islam as a form of appreciation, not a burden.
Penerapan Sanksi Hukum Adat Terhadap Perkawinan Pela Tampa Siri Negeri Rambatu Picarima, Elsa Olivia; Latupono, Barzah
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.v2i2.23241

Abstract

Traditional marriage must be understood as a marriage that is based on the customary rules that apply in the local community. One of the sacred customs that still exists and is believed by the majority of Maluku people is Pela. As is the case in Rambatu Country and Kamarian Country which have a Pela Tampa Siri relationship. However, in 2020 and 2022 there were two couples who held Pela marriages between men from Rambatu Country and women from Kamarian Country and vice versa, men from Kamarian Country and women from Rambatu Country. The research method used is an empirical legal research method. As this research uses empirical legal facts taken directly from human behavior. The results of the research show that the implementation of Rambatu State's customary sanctions uses deliberation to reach consensus as implemented by custom. The application of these sanctions can be in the form of fines, as well as social sanctions in the form of ostracizing Pela married couples by indigenous peoples as a result of their own actions. Rambatu State customary law sanctions do not stipulate that Pela married couples must be expelled/leave the country. Therefore, married couples assume that the punishment is not so severe or binding that violations could occur in that country due to the application of sanctions that are not so severe.

Page 3 of 3 | Total Record : 27

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