Yosia Hetharie
Fakultas Hukum Universitas Pattimura, Ambon

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Penyuluhan Hukum Perkembangan Informasi Dan Teknologi Serta Dampak Penyalahgunaan Jejaring Sosial Pada Generasi Muda Di Negeri Lesluru Maluku Tengah Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela; Yosia Hetharie; Zacilasi Wasia
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (631.495 KB) | DOI: 10.47268/aiwadthu.v1i1.485

Abstract

Introduction: The young generation is a national asset that must be safeguarded, protected, guided and nurtured so that they are not trapped in the negative influence of technological, communication and information developments. Likewise, the younger generation in Lesluru Country, TNS District, Central Maluku Regency, as the successor to Lesluru Country who need education and legal understanding regarding the impact of misuse of social networks due to developments in technology, communication and information.Purposes of the Research: The purpose of writing this article is to provide legal understanding and education to the people of Lesluru State, TNS District, Central Maluku Regency regarding the development of Technology, Communication and Information and the impact of using social networks among the younger generation in Lelsuru Country.Methods: Legal counseling activities in the country of Lesluru are carried out by means of a panel discussion method in which the presenters deliver the material in turns then followed by questions and answers between the speakers and the community.Results / Findings / Novelty of the Research: Social networks that are currently very accessible to the younger generation, including in Lesluru, Central Maluku. This of course not only has a positive impact but often has negative consequences due to the unwise use of social networks. Therefore, as a young generation who will later become the leaders of the nation, even this nation needs to understand well about the wise use of social networks in order to have a positive impact on the younger generation.
Penyuluhan Hukum Penanganan dan Penyelesaian Perkara Perdata Di Klasis Buru Utara dan Buru Selatan Yosia Hetharie; Pieter Radjawane; Frederik Picauly
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (555.698 KB) | DOI: 10.47268/aiwadthu.v1i2.657

Abstract

Introduction: In the life of society, nation and state, it cannot be denied that there are many problems and conflicts of interest in society that lead to cases. Both parties want to defend their interests or rights, so the case cannot be avoided. This also often occurs in communities in the North Buru Klasis and South Buru Klasis on Buru Island, Maluku Province.Purposes of Devotion: The handling and settlement of a civil case in the community is one of the fields of study in service activities that are important to convey to the community in order to improve the legal understanding of the community as well as education for the community with very minimal legal knowledge so that the public clearly understands the form of settlement of civil cases. Method of Devotion: The method used in this activity is in the form of legal counseling for the community in North Buru and South Buru Klasis through material presentation and questions and answers.Results of the Devotion: In the communities or congregations in Klasis Buru Utara and Buru Selatan, through the results of material presentations and discussions with various elements of society, both from the chairman of the class, chairman of the congregation, church pastor, village government staff, as well as youth elements and community leaders who attended the event. In counseling activities, the data found are that there are various legal issues and problems that often occur in the dynamics of the congregation, both among fellow congregation members and with outside communities in North Buru and South Buru.
Kepemilikan Tanah Oleh Warga Negara Asing Melalui Perjanjian Pinjam Nama Sebagai Bentuk Penyelundupan Hukum Dalam Hukum Perdata Internasional Yosia Hetharie
Balobe Law Journal Vol 2, No 1 (2022): Volume 2 Nomor 1, April 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v2i1.822

Abstract

Introduction: Land as a gift from God Almighty deserves to be protected, managed and preserved. In the regulation of land law in Indonesia, based on the UUPA, land ownership with property rights is only by Indonesian citizens. The practice that occurs is that foreigners who carry out legal smuggling efforts through name-borrowing agreements to be able to control and own land in Indonesia with property rights.Purposes of the Research: This study aims to analyze the practice of borrowing names in land ownership by foreigners in Indonesia as a form of international civil law smuggling.Methods of the Research: This study uses a normative juridical method. The approach used is a statutory approach and a conceptual approach with primary and secondary legal sources. The technique of collecting legal materials is through literature study. The legal materials obtained were analyzed qualitatively in order to answer the existing problems.Results of the Research: A name borrowing agreement is an agreement made between a person who according to law cannot be the subject of certain land rights (property rights), in this case a foreigner and an Indonesian citizen, with the intention that the foreigner can control (own) the right of ownership legally. facto, but legally-formally (dejure) the property rights are in the name of the Indonesian citizen. The name-borrowing agreement is clearly a form of legal smuggling to avoid regulations that stipulate that foreigners are not eligible as subjects of land ownership rights holders in Indonesia in accordance with the provisions in Article 9 paragraph (1) jo. Article 21 paragraph (1) of the UUPA clearly states that only Indonesian citizens can have full relations with the earth, water and space, and clearly stipulates that only Indonesian citizens can have property rights.
Covid-19 Sebagai Bentuk Overmacht dan Akibat Hukumnya Terhadap Pelaksanaan Perjanjian Kredit Merry Tjoanda; Yosia Hetharie; Marselo Valentino Geovani Pariela; Ronald Fadly Sopamena
SASI Vol 27, No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.447

Abstract

The study is aimed at identifying and analyzing covid-19 as a form of relative overmacht and as a result of the overmacht law in the credit agreement and the policy of ending the credit agreement as a result of the covid-19 pandemic. The study method used in this study was normatif juridical, a doctrinal law study method by examining and studying the regulations of legislation that served asa basis for then analyzing the issues discussed. The study is analytical by using primary and secondary legal materials through the study of related documents and literature. The analysis used in the study is qualitative analysis to address the issues discussed. According to research, the covid-19 is a non-natural disaster that can therefore be categorized as overmacht measurement. As a form of overmacht relative, the result of the law of the spread of covid-19 as the overmacht relative to the credit agreement is that the debtor still has to fulfill his obligations to the debtor after the covid-19 is over. In its implementation based on POJK 11/2020, the debtor is given credit relief through restructuring in accordance with the form of restructuring issued by the bank in the form of lowering interest rates, extension of term, reduction of principal arrears, reduction of interest arrears and other forms according to verification and analysis of the bank on affected debtors covid-19.
Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19 Theresia Louize Pesulima; Yosia Hetharie
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.307

Abstract

Indonesia is entering a critical period of the Covid-19 pandemic. Health workers are a profession that is in the vanguard and fight directly against Covid-19. Under these conditions, sometimes health workers have to sacrifice their lives to protect the public from the spread of the Covid-19 pandemic. From the results of the discussion, it can be concluded that the legal protection of the workforce safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in the legislation. In the implementation of the rights of health workers during the Covid-19 pandemic still neglected and have not been fulfilled. Therefore, the role and responsibilities of the global government are needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.
Perlindungan Hukum Terhadap Tanah Masyarakat Hukum Adat Di Kawasan Hutan Lindung Negeri Masihulan Kecamatan Seram Utara Kabupaten Maluku Tengah Meske Patalatu; Jenny Kristiana Matuankotta; Yosia Hetharie
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1861

Abstract

Introduction: Land and forests are the basis of people's prosperity and welfare.Methods of the Research: The research method used is normative juridical research type. The problem approach used is the statutory approach, the conceptual approach, and the case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary materials. Procedures and collection of law and management and analysis of legal materials are then analyzed by way of description with qualitative methods.Results of the Research: The results of the study show that the mechanisms and procedures for the Protection of Land Rights of Indigenous Law Communities in the Protected Forest Area of the Masihulan State, North Seram District, Central Maluku Regency have been neglected by the existence of protected forests or the existence of a national park, even though it is through this land that the indigenous peoples of the Masihulan Country are passed down from generation to generation. Generations can take advantage of the natural resources that exist in customary forests such as plants and animals in customary forests for their survival and daily life. The rights of the customary law community, in this case the land including their customary forest, have not received legal protection as it should be in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 18B paragraph (2) and other laws and regulations