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All Journal PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review
Jenny Kristiana Matuankotta
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura Khomaizah Khomaizah; Merry Tjoanda; Jenny Kristiana Matuankotta
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal
Publisher : Program Studi Doktor Ilmu Hukum Pascasarjana Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i2.10496

Abstract

Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people. Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.
Akibat Hukum Jual Beli Hak Atas Tanah Adat Yang Dilakukan Tanpa Sepengetahuan Kepala Desa Hendra Belseran; Jenny Kristiana Matuankotta; Muchtar Anshary Hamid Labetubun
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10455

Abstract

Certificate of customary land rights as proof of ownership of customary land rights so that there is overlapping assistance and sale of customary land to other people by several soa/households without the knowledge of the village head so that each of them claims ownership rights to the customary land in question based on customary inheritance law so that detrimental to citizens as buyers. This research is a normative juridical research on this problem and then examines and finds out the answer to this problem through a conceptual approach, statutory approach and case approach, then from the results of this description conclusions and suggestions can be drawn. The research results show that the regulation of buying and selling customary land according to customary law is carried out by the seller as owner communicating with relatives in the Soa/Mata Rumah/Marga to obtain approval in the form of a letter of release of rights to customary land, if there is no Soa/Mata Rumah/Marga approval. then of course the sale and purchase has no validity according to customary law, and it is based on the letter of release of customary land from the Soa/Mata Rumah/Marga that the Village Head as Head of the Traditional Authority issues a letter of release of rights to the customary land that is being sold and bought if it is in accordance with applicable customary law procedures and adhered to by the local Indigenous Community in Moa Lakor District, Southwest Maluku Regency and there are legal consequences for buying and selling rights to customary land without the knowledge of the Village Head, the Indigenous Community, namely the Soa/Mata Rumah/Marga as the owner of the customary land, Village Officials and Elders Customary elders determine attitudes to resolve problems to straighten out the process of buying and selling customary land in accordance with applicable customary law, and if this is not implemented by the seller and the buyer then the customary land object being sold is taken over and controlled by the Soa/Marga/Mata Rumah as legal owner of customary land.
Implikasi Hukum Pendaftaran Atas Tanah Adat (Tanah Dati) Terhadap Pemegang Hak Lainnya Flauangelia Herisli Wattimena; Jenny Kristiana Matuankotta; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10852

Abstract

ABSTRACT: Land registration in Indonesia is a government obligation mandated in law No. 5 of 1960 concerning land rights, both for individual land and customary land which is jointly owned land in Ambon is called dati land. Common land or dati land if it is registered by including in the name of one person as the owner, it will have legal implications for other rights holders. The type of research is normative juridical research, while the research approach is the statue approach, conceptual approach and finally the case approach or case approach. The technique of collecting legal materials used in this study was to conduct a literature study. The results of the research in this paper are that other rights holders, such as the dati's children whose names are not listed on the land certificate, are not legally the owners of land rights, so that later if there is a dispute over ownership and control over land among the dati's children, the dati's children do not get legal protection.
Tanah Ulayat Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Aquinta Welly Wenno; Jemmy Jefry Pietersz; Jenny Kristiana Matuankotta
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10910

Abstract

ABSTRACT: Land acquisition is the act of transferring land by paying proper and fair compensation to the rightful party. The problems of indigenous peoples regarding the use of their customary lands are used for the development of public interests and should have an important role in the procurement process up to the compensation they must receive as a form of legal protection. Realization of development land acquisition for public interest and its implementation stages are guided by Government Regulation Number 19 of 2021 concerning Land Procurement for Public Interest. The government has the authority to organize land acquisition for development in the public interest. This research is to answer the problems of indigenous peoples regarding the use of their customary land which is used for the development of public interests and should primary, secondary and tertiary legal materials. The results of this study indicate that the realization of development land have an important role in the procurement process up to the compensation they must receive as a form of legal protection. Which uses a normative-juridical method with the Statute Approach approach. , and Conceptual Approach as well as using acquisition for the public interest and the stages of its implementation are guided by Government Regulation Number 19 of 2021.
Keabsahan Peralihan Harta Warisan Berdasarkan Surat Keterangan Wasiat Jimmy Joseph; Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11787

Abstract

The position of the heirs in the distribution of inheritance based on a testamentary certificate must be in accordance with the position of the heirs based on the law and the will, so the heirs are only those from the family who have the closest blood relationship to the heirs according to the law. Relating to the consequences of a legal action or event that can have legal consequences for that person or other people. In relation to his will, the legal effect on the heirs is that the testament made by Mrs. SS as intended in this writing can result in being null and void because because it is not valid it cannot apply. A testamentary statement cannot be called a will because it was not made before or entrusted to a notary as regulated in the Civil Code. So that the transfer of inherited assets from the heir to the heirs is an inheritance according to law or ab intestato inheritance. This research method is a descriptive normative legal research method. Which consists of research types, the problem approach taken is a statutory approach and a conceptual approach, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials, procedures for collecting legal materials, and finally processing and analysis of legal materials. The results of the research show that the certificate of will made by the testator in terms of the definition of a will in Article 875 of the Civil Code and interviews with notaries regarding the meaning of a certificate of will have the same purpose in that they both explain the will of someone who will die, however The difference is that a will or testament is a deed if it is defined as a document made in accordance with the provisions regulated by law, by or in the presence of an authorized public official at the place where the deed is made. Thus, the certificate of will as referred to in this case is not a will because it was not made by and/or in the presence of an official, it was made by the testator and heirs, so it cannot be called a will. A testamentary statement made by the testator cannot be said to be a will or invalid. So the legal consequence in the case that has been explained is that the certificate of will is null and void, he does not exist because based on the certificate of will made by the heir some of the heirs did not receive their share or right to inherit.
Co-Authors Aquinta Welly Wenno Flauangelia Herisli Wattimena Hendra Belseran Jemmy Jefry Pietersz Jimmy Joseph Khomaizah Khomaizah Mahrita Aprilya Lakburlawal Merry Tjoanda Muchtar Anshary Hamid Labetubun Novyta Uktolseja