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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

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.

Konsinyasi/Penitipan Uang Sebagai Bentuk Ganti Rugi Atas Pengalihan Hak Tanah Stevi Hendi Lawalata; Jenny Kristiana Matuankotta; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol 1, No 1 (2021): VOLUME 1 NOMOR 1, MARET 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i1.481

Introduction: Securing land for the building of the Hunimua Ferry Crossing Port in Liang State, Central Maluku Regency, the deliberate mechanism that should be a means of compromise in the form of mutual compensation often does not reach a consensus, hence the way the dispute is resolved through the court's channel. On the other hand, in order for the completion of the assumed oil price to be paid by monetary or monetary services.Purposes of the Research: The study will review payment procedures by conifers and other monetary services for the development of the Hunimua ferry crossing of maluku district as a transference of land rights.Methods of the Research: The study is normatif yuridis, using analytic descriptive research types by using primary, secondary and tertiary source material. The approach used was a statute approach, a conceptual approach and a case approach. The technique for collecting legal materials used literature studies that were then analyzed qualitatively to address the issues discussed.Results of the Research: Payment procedures through consignment / deposit of money conducted by PT. ASDP Ferry (PERSERO) is in accordance with the provisions of the national land law in terms of the transfer of rights, which has been carried out according to land acquisition procedures through socialization and deliberation with land rights holders, but because the land is still in dispute, it is in accordance with the provisions of Law No. 2 of 2012, PT ASDP Fery Persero made a request for payment through consignment / deposit money. The consignment / deposit of money by PT ASDP Fery Persero for the construction of the Hunimua Ferry Crossing Port in Liang State, Central Maluku Regency has legal consequences for the transfer of land rights which are transferred from land rights holders to PT ASDP Fery Persero so that the construction activities of the Hunimua Ferry Port expansion can be carried out.

Penyuluhan Hukum Problematika Tanah dan Penyelesaiannya di Negeri Wotay Maluku Tengah Novyta Uktolseja; Jenny Kristiana Matuankotta; Pieter Radjawane; Harun Matayane
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Introduction: Land is a vital object that is very important for the community to carry out all activities and activities in support of community survival and development.Purposes of Devotion: Providing education and legal understanding for the community regarding land problems and their solutions so that land-related problems that often occur in the community can be resolved properly. Method of Devotion: Performed with the lecture method by each of the presenters. The lecturer is given time to deliver the material, after which the participants are invited to ask a problem or question, which is then answered in turn by the speaker according to the problem being asked.Results of the Devotion: Legal counseling in Negeri Wotay through panel discussions in which the presenters take turns delivering the material then continued with questions and answers between the presenters and the community, thus answering the lack of understanding of the community about the land law.

Penyuluhan Hukum Tentang Perlindungan Hak-Hak Perempuan Di Desa Rumberu Kecamatan Inamosol Kabupaten Seram Bagian Barat Mahrita Aprilya Lakburlawal; Jenny Kristiana Matuankotta; Novyta Uktolseja; Primus L Untajana
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Introduction: women are always seen as second-class beings who are weak, irrational and do not have the ability to even make decisions for their own interests, resulting in the neglect of women's rights which causes low levels of education, early marriage, restrictions on activities in these sectors. and violence are problems experienced by women in the village.Purposes of Devotion: Purpose of the Reaserch: to provide an understanding regarding the protection of women's rights in the hope that there will be an understanding regarding the equality of the position of women and men as well as more opportunities for women to be involved in development in Rumberu village. Method of Devotion: Counseling is carried out using the panel discussion method which begins with a lecture from each presenter in turn, followed by a questions and answers session between the presenters and the community.Results of the Devotion: Women in Rumberu village, Inamosol District, West Seram Regency, like women in other regions in Indonesia, have had their rights violated in various ways. Women in Rumberu village experience various injustices because of their existence as women such as marginalization/marginage, subordination, stereotypes, violence and double workload. Among them, violence is the most common problem in Rumberu village. this is due to the low level of education and economy, lack of understanding of women's rights, as well as the prevailing customs and culture in Rumberu Country. Even though women are potential development capital, there needs to be an understanding of the position of women so that there is equality.

Hak Pakai Atas Tanah Hak Milik dan Penyelesaian Sengketa Suryani Sappe; Adonia Ivone Latturete; Novyta Uktolseja
Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i1.560

The process of the occurrence of use rights over land is based on statutory regulations and government regulations to prevent misuse of the administration process. However, in this era of increasingly modern life, there are many disputes relating to control and use of land for public, individual and private interests. The right to use is not at all a new land rights institution, but it is less well known than the ownership rights, land use rights, or building use rights, for that it requires a correct understanding of the right to use in order to use it responsibly. The purpose of this paper is to study and analyze the arrangements for use rights over land with ownership rights and to study and analyze the process of settling usufructuary disputes over land with ownership rights. The method used in this research is the normative juridical method using the statute approach and the conceptual approach, and the case approach is then studied and used as material for descriptive analysis in order to obtain answers to the problems that occur. The results of the research show that the regulation of use rights over land with ownership rights is very important because, when the right to use stands, buildings or objects become assets of the recipient of the right to use. So when the right of use expires or is canceled it will have a legal effect on the objects on it, thus it is hoped that there must be regulations governing objects or buildings that are included in the relinquishment of use rights even though there is an agreement made by the parties.

Jual Beli Hak Atas Tanah Dengan Pemberian Kuasa Menurut Hukum Perdata Atika Sari; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The form of granting power is carried out in various ways, orally granting power of attorney is considered valid according to the Civil Code even though the strength of the law is weak. The practice in society is often between the authorizer and the beneficiary of one of his parties acting outside the authority or rights and obligations that have been given so as to make one of them feel aggrieved.Purposes of the Research: Analyzing and reviewing the position of the buyer who provides legal power and protection for the actual buyer. Methods of the Research: This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the orally granting of power of attorney is valid, the strength of the law is weak but does not rule out the possibility that it can be proven in accordance with the provisions of the Civil Procedure Law, proof of land purchase transactions is an important evidence that shows the subject of the transaction, both sellers, buyers and third parties, so that in the proof of payment must be clearly stated, to avoid the possibility of harming interested parties because of this proof of payment can be clearly proven its position.

Penyelesaian Sengketa Hak Atas Tanah Marga Masyarakat Hukum Adat Suku Woirata Di Pulau Kisar Kabupaten Maluku Barat Daya Ruben Lewedalu; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Land disputes that occur in the Woirata tribal indigenous peoples are disputes over clan land rights for which until now there has been no attempt solution.Purposes of the Research: This study aims to examine and determine the dispute resolution mechanism according to the customary law of the Woirata tribe..Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results of the study show that the settlement of disputes over clan land rights based on the customary law of the Woirata tribe can basically be resolved in two ways, namely through the Soa-level customary institutions and the Village/State-level customary institutions. In this regard, the customary law community of the Woirata tribe usually prefers to use the customary law approach to resolve all problems that occur in the village related to civil matters, such as problems over land that occur.

"JUSTICE ASPECTS IN THE OUTSOURCING WORK AGREEMENT IN THE MIDDLE OF THE COVID-19 PANDEMIC" Agustina Balik; Novyta Uktolseja
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.452

Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problems. The results show that if the principles of justice put forward by the principles governing the state of workers who are laid off and sent home during the Covid-19 pandemic, then they should be treated fairly, so as to fulfill a sense of justice for the workforce. The respect given by the company to the workforce by giving what is rightfully the workforce can proportionally make the workforce accept the company's decisions gracefully, even though this is not in accordance with the work agreement that has been previously agreed. This can be applied and implemented that the Covid-19 pandemic is an overmacht, which cannot be avoided by anyone.

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

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.

Fungsi Pengawasan Majelis Pengawas Daerah Terhadap Penegakan Kode Etik Notaris Yared Hetharie; Merry Tjoanda; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v2i2.849

Introduction: Notaries have a very important role in Indonesia, to serve the community in terms of making an authentic deed as evidence or as a legal requirement for a certain legal action.Purposes of the Research: Review and analyze the supervision carried out by the Regional Supervisory Council on the Enforcement of the Notary Code of Ethics.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The MPD Supervision function has so far been carried out well but not yet optimal because there are still violations of the code of ethics by a notary. In carrying out the duties and functions as a notary, there are factors that affect the violation of the code of ethics by a notary, namely internal factors and external factors. The Regional Supervisory Council performs the function of supervising notaries by conducting regular inspections of the notary's monthly report, inspection of the notary's office and examination of alleged violations of the code of ethics committed by a notary.

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