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All Journal SASI TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum
Adonia Ivone Laturette
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Hak Milik Atas Tanah Adat Di Wilayah Kepulauan Mispa Christian Science Paisina; Adonia Ivone Laturette; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol 1, No 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i2.617

Abstract

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.
Kedudukan Badan Pertanahan Nasional Sebagai Mediator Dalam Penyelesaian Sengketa Pertanahan Irma Rasmawati; Adonia Ivone Laturette; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This study discusses the position of the National Land Agency as a Mediator in Land Dispute Resolution.Purposes of the Research: To find out what factors are faced by the Ambon City National Defense Agency as a Mediator in Land Dispute Resolution, the position of the National Land Agency as a mediator for the parties in resolving land disputes and to find out the position of the National Land Agency as a Mediator to the Parties in Settlement.  Land Dispute. Methods of the Research: This study uses a normative juridical method using a statutory approach, a conceptual approach, and a case approach.Results of the Research: Based on the results of research that the Ambon City National Land Agency (BPN) Office can act as a mediator in land dispute resolution, but sometimes in the settlement there are obstacles which are factors or circumstances that limit, hinder, or prevent the achievement of targets faced between  another: That the court's decision attached to its ruling does not mention the cancellation of the Certificate of Ownership (SHM), and there are also disputes that are not within the authority of the Ambon City BPN to settle.  The position of BPN as a non-ministerial government agency tasked with implementing and developing land administration.  The conclusions and suggestions are: To overcome obstacles in the resolution of land disputes, it is very necessary to have a good administrative device, then the position of the National Land Agency (BPN) acts as a mediator to those in dispute to resolve land disputes/conflicts to the parties to the dispute, the role of the BPN as a mediator. Mediator, then BPN needs to improve Human Resources (HR) and socialize its position related to land settlement.
Pembatalan Sertifikat Hak Milik Atas Tanah Wa Ode Hasbia; Adonia Ivone Laturette; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The certificate of the cancellation of the land ownership is the cancellation of the rights of land because the right receiver doesn’t fulfill the qualifications that be setted.Purposes of the Research: To analize and Study juridically, the accuracy of the certificate cancellation of the land ownership Number 345 Year 2002 in Batu Merah village, Sirimau District, Ambon City, dan to analize and study the legal effort from the owner of the certificate of land ownership Number 345 Year 2p02 di Batu Merah village, Sirimau District, Ambon city.Methods of the Research: This observation is a normative observation, which study the clauses of positive law, law principles, or doctrine to answer the law issues that be faced.Results of the Research: This observation shows that the cancellation of the land ownership procedures have judex jures law with the existence of Peraturan Daerah Provinsi Maluku Number 10 Year 2005 About Penetapan Daerah Negeri sebagai kesatuan masyarakat ukum adat di negeri batu merah, and on the certificate factors Number 345 Year 2002 That Badan Pertanahan Nasional (National Land Agency) has Setted the Putusan Mahkamah Agung Number 305 PK/Pdt/2016.
Kajian Yuridis Terhadap Pelaksanaan Reklamasi di Teluk Ambon Baguala Putri Hulandari; Adonia Ivone Laturette; La Ode Angga
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: In connection with the reclamation of the coast and sea in Ambon City, to be precise in the Bay of Ambon Baguala, the recalamation process of Ambon Bay has begun to be carried out, indicating changes in the environmental conditions of waters and fisheries in Ambon Bay.Purposes of the Research: To study and analyze the implementation of reclamation in the Bay of Ambon Baguala. Methods of the Research: This research is a type of normative legal research, namely legal research whose object of study includes statutory provisions and documentary legal materials..Results of the Research: The results showed that the implementation of the reclamation was very dangerous for the villages in Baguala District. One of the areas most threatened with "drowning" in the future was Passo Village, Lata Village and Lateri Village. The Head of the Indonesian Institute of Sciences (LIPI) Ambon's Center for Deep Sea Research, Augy Syahilatua, said that the reclamation for the construction of Siloam Hospital did have an effect on the shifting of sea water masses
Penyelesaian Sengketa Tanah Dati (Studi Kasus Putusan MA Nomor 2025 K/Pdt/1983) Priescillia Mariana Palapessy; Jenny Kristiana Matuankotta; Adonia Ivone Laturette
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introductioan: Dati land can be lost if there are no more descendants as heirs. Dati disappears then the State Government can give it to other children of the country to own, but in its giving there are often disputes, so that parties who feel they have the right propose a settlement through court channels.Purposes of the Research: To study and explain the factors in the occurrence of Dati land disputes and settlement of Dati land disputes based on the Supreme Court Decision No.2025 K/Pdt/1983.Methods of the Research: This study uses normative legal research methods with the source of legal materials used in the study are primary, secondary and tertiary. Data collection carried out in the study is library research, namely analyzing library materials related to research.Results of the Research: Based on the results of the study, there were various factors that influenced the occurrence of dati land disputes, but what happened between the Plaintiff and the Defendant was that mutual claims on dati land disappeared from the Head of Dati Estefanus Wattimena. Based on the evidence presented in the trial, the judge decided that Batubulan and Telagaraja dati belonged to the Defendant which was given by the State Government to the Defendant’s grandfather in 1923 as a form of remuneration for the development of the Urimessing State, and that the Defendant in good faith had cultivated the land for decades, so that with that the Plaintiff was unable to weaken the evidence from the Defendant.
Penyelesaian Sengketa dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum Fengky Kotalewala; Adonia Ivone Laturette; Novyta Uktolseja
SASI Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i3.397

Abstract

Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline in quality compared to the original situation before the release of land rights.
Kekuatan Mengikat Sumpah Adat Dalam Penyelesaian Sengketa Tanah Siti Rahima Tuahena; Adonia Ivone Laturette; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1111

Abstract

Introduction: The indigenous peoples of the Negeri of Pelauw, Haruku Island District, Central Maluku Regency, recognize the customary oath as a customary land dispute resolution system.Purposes of the Research: How is the power to bind the customary oath for the parties in resolving land disputes in the State of Pelauw.Methods of the Research: This study uses empirical legal research with a sociological juridical approach. Research data sources include primary data sources, secondary data sources, and tertiary data sources. The data collection technique was obtained by interviewing the parties directly in the field, then the data was processed using qualitative descriptive analysis.Results of the Research: The results obtained are the strength of binding customary oaths as an alternative dispute resolution in resolving land disputes in the State of Pelauw, namely binding the parties to the dispute even though the decision is made by the Government of the State of Pelauw represented by religious leaders in this case the Imam of the State Mosque of Pelauw in oral form but bound with the disputing parties, even the decisions of the customary oath to their future generations. Based on the observations that the author made at the time of the research, the parties who have resolved disputes through customary oaths from the past until now have not complained because the decision of this customary oath is final.
Kajian Terhadap Pembagian Harta Warisan Tanah Dati Ditinjau Dari Hukum Islam Dan Hukum Adat Siti Rizkiyani Salsabila Palembang; Adonia Ivone Laturette; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 2, No 8 (2022): Volume 2 Nomor 8, Oktober 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i8.1423

Abstract

Introduction: Land has a very important position in customary law communities.Purposes of the Research: The purpose of this study is to find out and explain the distribution of inheritance on land based on Islamic law and customary law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The legal material is analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the study, it shows that based on the provisions in Islamic inheritance law, all legal heirs have the right to inherit according to their respective portions or calculations so that regarding the distribution of inheritance land from dati is not prohibited and can be divided among legitimate heirs. However, it is different from customary law. It is clearly specified in the customary law inheritance system that the name of the land is communal so that it cannot be divided or divided. Therefore, the judge in the decision number of the Supreme Court Decision Number 2290 K/PDT/2003 which strengthened the previous decisions which basically stated that the distribution of the inheritance of dati land to the existing heirs, according to the author, if it is based on the Islamic inheritance law system, it is permissible. However, if it refers to the provisions of the customary inheritance law system, it is not allowed to divide the inheritance of the land to each heir.
Kedudukan Dan Peranan Kantor Pertanahan Sebagai Mediator Dalam Penyelesaian Sengketa Batas Tanah Mahendra Tri Hartarto; Adonia Ivone Laturette; Jenny Kristiana Matuankotta
PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i1.1214

Abstract

Introduction: Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries.Purposes of the Research:  Reviewing and analyzing the position and role of the Land Office as a Mediator in Settlement of Land Boundary Disputes, and efforts to resolve land boundary disputes at the Ambon City Land Office can be carried out in accordance with the provisions and binding according to the laws and regulations.Methods of the Research: This research was carried out in a normative juridical manner by using Statute Approach and a Conceptual Approach.Results of the Research: This research resulted in the substance that the position of the Land Office as a mediator in the settlement of land boundary disputes is as a government agency carrying out governmental tasks in the land sector. The task of the government in the land sector in question is the formulation and implementation of policies in the field of handling and preventing disputes and conflicts as well as the handling of land cases as well as the formulation and implementation of policies in the field of land surveying and mapping. The role of the Land Office as a mediator in mediating the settlement of land boundary disputes is to try to become a medium for the resolution of land boundary disputes by implementing a legal system to create justice and legal certainty. registered by the parties at the District Court where the jurisdiction of the land is located, so that it can be concluded that the results of mediation at the Land Office can have binding legal force.
Kekuatan Hukum Berita Acara Penyelesaian Sengketa Tanah Oleh Kelurahan Watolo Sebagai Alas Hak Atas Tanah Nur Fauzia; Adonia Ivone Laturette; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1591

Abstract

Introduction: Land dispute over the Watolo family was not settled for nearly two decades, on the initiative of one side so that the issue was taken to kelurahan to be settled mediation.Purposes of the Research: To find out the legal force of the minutes of the settlement of land disputes by Watolo Village which is used as the basis for land rights. Methods of the Research: The research method used is the type of normative legal research that is descriptive analytical.Results of the Research: Based on this research, the minutes issued by the kelurahan are not the minutes of the proper meeting and cannot be used as a basis for rights because there are no laws or regulations that guarantee the strength of law and legal certainty and the minutes cannot be used as a basis for internal rights but can be used as evidence by both parties when the land dispute is continued to the trial stage in court.
Co-Authors Barzah Latupono Fengky Kotalewala Irma Rasmawati Jenny Kristiana Matuankotta La Ode Angga Mahendra Tri Hartarto Mispa Christian Science Paisina Novyta Uktolseja Nur Fauzia Pieter Radjawane Priescillia Mariana Palapessy Putri Hulandari Sabri Fataruba Siti Rahima Tuahena Siti Rizkiyani Salsabila Palembang Wa Ode Hasbia