Pieter Radjawane
Fakultas Hukum Universitas Pattimura, Ambon

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.435 KB) | DOI: 10.47268/aiwadthu.v1i1.490

Abstract

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 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.
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.
Kekuatan Alat Bukti E-mail Dalam Persidangan Perkara Perdata Jihan Rizki Putri Permono; Merry Tjoanda; Pieter Radjawane
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.v2i5.1110

Abstract

Introduction: The development of information technology right now introduced to the public by the existence of electronic evidence.Purposes of the Research:  The purpose of this study is to discuss the strength of e-mail evidence in civil case trials in strengthening an argument in courtMethods of the Research: This research is a normative juridical research. This type of research is descriptive analysis. Focusing on an inventory of positive law, legal principles and doctrines, legal findings in cases in concreto, legal systematics, legal synchronization levels, legal comparisons and legal history.Results of the Research: Electronic evidence can have legal force if the information obtained guarantees its integrity, can be accounted for, and can be displayed so as to explain a situation. The regulation of electronic information and electronic documents is contained in Law no. 11 of 2008 concerning Information and Electronic Transactions (ITE) where this law is expressly declared valid as evidence in court, especially in civil courts and regulation no. 82 of 2012 concerning the implementation of electronic systems and transactions and reinforced by Article 5 paragraph 1 of the Electronic Information and Technology Law (UU ITE) that electronic information and/or electronic documents and/or their printed results are legal evidence.
Perlindungan Konsumen Atas Peredaran Hand Sanitizer Palsu Yang Tidak Berstandar Kesehatan Di Masa Pendemi Covid-19 Tresya Klaudia Tutkey; Teng Berlianty; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 2, No 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1434

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Introduction: Selling health products without a permit that does not meet standards is of course our right as consumers.Purposes of the Research: To know and understand the supervision of the PERMENKES on the circulation of fake Hand Sanitizers that do not have health standards during the covid-19 pandemic. To examine the protection of consumers for the circulation of fake Hand Sanitizers that do not have health standards during the covid-19 pandemic Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the current research are that consumer protection in fulfilling needs should be obtained by every consumer for health products circulating in the market. However, as time goes by, consumers often get worrisome consequences in terms of health as a result of producers taking shortcuts in order to get as much profit as possible but not matched by the quality improvement provided to consumers. The regulation of the minister of health has a role to maintain the stability of public trust in supervising circulating products, but in reality consumers do not get attention to the circulation of fake hand sanitizers that do not have health standards.
Analisis Yuridis Kekuatan Hukum Sertifikat Hak Milik Atas Tanah Menurut Peraturan Pemerintah No. 24/1997 Tentang Pendaftaran Tanah Dikaitkan Dengan Putusan PN No. 242/Pdt.G/2020/PN Ambon Semuel Nahumury; Jenny Kristiana Matuankotta; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1451

Abstract

Introduction: The certificate is proof of the rights owned by the holder of land rights issued by the National Land Agency. Issuance of certificates in the context of land registration activities so that rights holders can make certificates as evidence to holders of land rights as regulated in Government Regulation no. 24 of 1997 concerning Land Registration.Purposes of the Research: This study examines the ratio decidendi of judges in making decisions on the PN No. 242/Pdt.G/2020/PN.Amb regarding the validity of the certificate of title to land to determine whether the judge's considerations are in accordance with the legal provisions regarding the ownership of applicable land rights. Methods of the Research: The research method used is normative research through a statutory approach and a case approach which refers to the ratio decidendi. The method of collecting legal materials used is a qualitative method.Results of the Research: Based on the results of the study, evidence has an important role as the basis for judge's consideration in making a decision. Certificates as evidence of rights can be declared invalid and canceled by a court decision that has permanent legal force when it is proven that someone's ownership of land rights has been violated. In the decision of the PN No. 242/Pdt.G/2020/PN Ambon, the judge ruled that the certificate owned by the defendant was legally flawed and had no binding legal force because the defendant could not prove the formal or material truth of the acquisition of the land rights.
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

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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.
Analisa Pertimbangan Hakim Terhadap Gugatan Salah Objek Dalam Perkara Perdata No 19/Pdt.G/2020/PN Msh Kristin Atihuta; Merry Tjoanda; Pieter Radjawane
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1793

Abstract

Introduction: Civil lawsuits can meet the formal and material requirements that will be submitted to the court so that no formal or material defects are found in the lawsuit. Purposes of the Research: The purpose of this article is to find and analyze how the legal consequences of a formal or material defect in a lawsuit and judges consideration about wrong object lawsuit in the land rights disputes in a court Methods of the Research: The research method used is normative judicial with a statutory approach and conceptual approach and Sources of research legal materials include primary, secondary, tertiary legal sources. Data collection techniques in the form of literature study. Processing and analysis of legal materials used in writing is using qualitative analysis method.Results of the Research: The result of this research is that there is a formal defect in the Plaintiff's lawsuit based on the facts in the case examination in court. The Plaintiff cannot prove the argument of his lawsuit because there are differences in the object of the land dispute being sued in this case. Therefore, in filing a good and correct land dispute claim, it must meet the formal and material requirements that have become the basis of a civil lawsuit. with the consideration that the case is unacceptable.
Penyuluhan Hukum Tentang Dampak Perjanjian Gadai Tanah Terhadap Tingkat Ekonomi Masyarakat Hukum Adat Negeri Piliana Kabupaten Maluku Tengah Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal; Pieter Radjawane
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1773

Abstract

Introduction: This article analyzes the impact of land pawning agreements which tend to be the choice of customary law communities, especially in the Philippines, to obtain funds in a short time, but the implementation of land pawning does not take place without problems, especially if the land pawning agreement is not signed correctly, it will very detrimental to the pawnbroker as the land owner.Purposes of Devotion: Providing knowledge and understanding to the community about the impact of land pawning agreements on the customary law communities of Piliana State, especially so that the land pawning agreements carried out do not harm the pawning party as the land owner. Method of Devotion: Legal counseling is carried out guided by the panel discussion method. Namely, the presenters will present the counseling material in turns, followed by a question and answer session with village officials and the community.Results of the Devotion: The Customary Law Community in Pliana village, which lives at the foot of Mount Binaya, Tehoru District, Central Maluku Regency, is a community group with a lower middle economic level and a low level of education. Therefore, they tend to enter into hamlet land pawning agreements. However, the implementation of pawning based on custom without knowledge of the law regarding pawning causes the people of Piliana State, especially members of the pawnbroker's association's hamlet land owners, to suffer losses because land pawning can last more than seven years or even decades and as long as the rights to the hamlet land are in their hands. pawn recipients, thereby worsening the community's economy.
Pengobatan Alternatif Tradisional Untuk Mencegah Penularan Covid-19 Menurut Perspektif Hukum Kekayaan Intelektual Di Kota Ambon Ronald Saija; Teng Berlianty; Pieter Radjawane
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.438

Abstract

The success of vaccine development, one of the experiments to cure this virus, namely Traditional knowledge for most people has an important role for food security and the health of millions of people in developing countries. The purpose of this study was to determine and analyze the important role of the creator of traditional alternative medicine concoctions to prevent the transmission of Covid 19 in Ambon City, and the form of legal institutions by the Maluku Provincial Government to grant patents to the creators of traditional alternative medicine concoctions as local wisdom in handling treatment to prevent transmission. covid 19 in Ambon city. This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. The results showed that people in developing countries depend a lot on traditional medicine for up to 80% of their health needs. In addition, knowledge about health plants has become a source of modern medicine. The importance of the Government and society's attention to traditional knowledge and technology systems in Indonesia, especially in the field of herbal medicine. The occurrence of various polemics that often occur in the lives of indigenous peoples related to traditional healing for patients to prevent Covid-19 transmission in Ambon City.