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Pembagian Harta Waris Kepada Ahli Waris Dari Perkawinan Pertama Dan Kedua Ditinjau Dari Kitab Undang-Undang Hukum Perdata Weldo Parinussa; Merry Tjoanda; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The distribution of inheritance to the heirs of the first and second marriages in terms of the civil law code. Regarding the inheritance controlled by the children of the second wife without sharing with the children of the first wife after the death of the father.Purposes of the Research: The purpose of this study is that inheritance can be divided fairly according to civil law.Methods of the Research: The research method used is juridical normative, the problem approach used in the research is the statutory approach and the conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials used in this study is a research library, then analyzed using qualitative methods.Results of the Research: The results of the study show that if the husband who dies leaving children from both the first wife and the second wife is an heir, then when the inheritance is open to be divided, according to article 35 paragraph (1) of the marriage law, it is stated that property obtained by marriage becomes property. together, then the property must be divided into 2 parts first, where the part becomes the right of the husband and becomes part of the wife in accordance with the provisions on the distribution of joint assets based on Article 128 of the Civil Code. Then the children will get a share from the father's side and the mother's side because civil law adheres to the bilateral principle in the distribution of inheritance and the inheritance share of boys and girls is not distinguished so that they each get the same amount. And after the father remarries, there will be a distribution of assets after the father dies to the children from the first and second marriages. Based on the provisions of Article 852 of the Civil Code: Children or descendants, even though born and various marriages, the inheritance of their parents, their grandparents, or their subsequent blood relatives in a straight line upward, regardless of gender or birth first.

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

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.

Akibat Hukum Pembatalan Pelaksanaan Perkawinan Secara Sepihak Zulvira Zalleh Bairatnissa; Barzah Latupono; Sabri Fataruba
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1099

Introduction: Marriage must go through a legal process and be recognized by both the community and the state.Purposes of the Research:the purpose of compiling this writing for all people who study law in the civil field, especially those related to the factors causing annulment and legal consequences of unilateral annulment of marriageMethods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of gathering legal materials carried out in this study was library research, then it was analyzed qualitatively.Results of the Research: The laws and regulations regarding marriage do not regulate at all the legal consequences related to the unilateral cancellation of marriage (marriage) after the proposal and engagement, so people are so easy to annul it unilaterally to the detriment of the other party.However, if referring to the jurisdiction of the Supreme Court Number 3191 K/Pdt/1984 dated December 12, 1985, then the unilateral annulment of marriage (marriage) after the proposal and engagement is a violation of the norms of decency and propriety in society, and is an act against the law,where this jurisprudence is then used as the basis of legal consideration of the Supreme Court judge in Decision Number: 1644 K/Pdt/2020. Namely the decision on the unilateral annulment of marriage (marriage) after the proposal and engagement made by Agus Suyitno to his partner Sri Subur Lestari.

Hak Ahli Waris Keturunan Raja Dalam Persekutuan Ratschaap Yarbadang Saini Mussad; Jenny Kristiana Matuankotta; Barzah Latupono
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1130

Introduction: Inheritance law is a legal regulation that regulates inheritance due to death, the formulation of silent words until someone dies and causes inheritance problems, the death of this person is a legal event. Each Ratschaap belongs to one of the three major alliances, namely Ur siu (clump of nine), Loor lim (clump of five) and Loor labia (clump of intermediate) it is recorded that ten Ratschaap are members of Ur siu, the next ten Ratschaap are joined in Loor lim and the remaining two Ratschaap belonging to the Loor labia.Purposes of the Research: The purpose of this study is to examine the normative juridical regarding the rights of the heirs of the king's descendants in the Ratschaap Yarbadang Alliance in Southeast Maluku with theories and facts that occur in the social community of Southeast Maluku.Methods of the Research: In this legal research, the author uses empirical juridical research where this study uses a sociological research problem approach using original data using an empirical approach to knowledge based on facts from research results and observations according to this legal research.Results of the Research: The results of this study indicate, Article 18b paragraph (2), the 1945 Constitution of the Republic of Indonesia and the Village Law Number 06 of 2014 as well as the Southeast Maluku Regency Government Regulation Number 04 of 2009 concerning Procedures for Nomination, Election and Inauguration of Heads. The government of Ohoi/Ohoi Rat, has regulated and given rights to the entire community of Southeast Maluku in exercising their customary and cultural rights, as well as parties who are not responsible for ancestral customs.

Aspek Yuridis Peralihan Hak Atas Tanah Melalui Proses Hibah Filbert Cristo Wattilete; Barzah Latupono; Novita Uktolseya
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1122

Introduction: Soil is something that is inseparable from the earth which is called the earth's crust. The transfer of land rights due to a grant must be registered at the land office, assisted by the Land Deed Making Officer. Purposes of the Research: This paper aims to determine the transfer of land rights with the grant process and to determine the factors inhibiting the process of transferring land rights through grants.Methods of the Research: The method used in this paper is normative juridical using a statutory approach, and a conceptual approach.Results of the Research: The results obtained from the results of this study are the granting of a grant to an adopted child by parents to their adopted child as a form of gratitude and affection from parents to their child.

Peranan Kepala Persekutuan Hukum Adat Sebagai Mediator Di Negeri Hutumuri Dalam Penyelesaian Sengketa Jual Beli Tanah Dati Elfransdo Saimima Putra; Jenny Kristiana Matuankotta; Barzah Latupono
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.v2i9.1431

Introduction: The role of the head of the customary law union as a mediator is to help both parties to the dispute with a family approach.Purposes of the Research: This study aims to identify and explain the role of the Head of the Customary Law Alliance as a mediator in Hutumuri Country in resolving disputes over the sale and purchase of Tanah Dati. Methods of the Research: The research method used is the type of empirical research. The data used in this paper include primary data and secondary data. Techniques Data collection is done by means of field studies and literature studies. Analysis of the materials used in writing this thesis is to use the method of qualitative material analysis.Results of the Research: The results of the study indicate that all problems or disputes related to Dati's land will be resolved at the State Office by the Head of the Customary Law Alliance as a mediator, whose role is to assist the disputing parties by identifying the disputed issues, balancing options, and considering alternatives that can be offered to them. The parties to reach an agreement and only have the authority to provide advice or determine the mediation process in seeking dispute resolution.

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

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 Hak Ahli Waris Terhadap Harta Warisan Menurut Kitab Undang – Undang Hukum Perdata Jessica Manuela Lewerissa; Barzah Latupono; Agustina Balik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1458

Introduction: If someone dies, then all of his rights and obligations are transferred or transferred to his heirs. Purposes of the Research: This writing aims to find out the position of the heir to the inheritance, to find out who is entitled to the inheritance left by.Methods of the Research: The research method is very important to get accurate data so that it is said to be a tool or a way to guide in conducting research.Results of the Research: In the event of the death of a person, which is a legal event, it also causes legal consequences in the management and continuation of the matters and obligations of a person who dies. In addition, the occurrence of a position and the rights of the heirs will have consequences in the position and rights of the heirs to the inheritance. In addition, when viewed from the four groups above, they inherit sequentially, namely first those who are called or act as heirs of group I, then only groups II, III, and IV. In connection with the case example, all of the heirs have the same position and rights over the inheritance of the heirs, even Out-of-Marriage Children can inherit by replacement of place or better known as in Dutch "plaatsvervulling" and Out-of-Marriage Children inherit part of the rights from their parents. who has died Thus the Civil Code does not recognize the difference between men and women, married or unmarried, adults or underage, all of whom are considered as heirs who have the same position and rights over part of the inheritance which is an inherited property. left by the heir. Thus, if viewed from the examples of the cases studied, it can be seen that all children of the descendants of their heirs are entitled to enjoy the inheritance because the heirs have 7 children, so each division gets 1/7 of the inheritance. In addition, it is also necessary to know that if the testator wants to give his property before he dies to one of his children, it should be given with a written will or made by an authorized official.

Peran Mediator Dalam Penyelesaian Sengketa Harta Warisan Rani Ngadja; Barzah Latupono; La Ode Angga
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1552

Introduction: Settlement of disputes or conflicts that always occur in the community caused by inheritance, therefore gives rise to disputes and even causes conflicts between parties.Purposes of the Research: The purpose of this study was to determine the process of resolving inheritance disputes in the Religious Courts Class IA Ambon and how the role achieved by the mediator in the settlement of inheritance disputes in the Religious Courts Class IA Ambon. Methods of the Research: The research method used is Normative juridical research method with field research as primary data. The approach used is field research.Results of the Research: It can be concluded that the process of resolving Inheritance disputes at the Ambon Class IA Religious Courts is based on Law Number 7 of 1989 and the mediation guidelines of Government Regulation (PERMA) Number 1 of 2016. The mediator does not have the power to impose a settlement on the parties involved. dispute so that the role of the mediator is to negotiate until there is an agreement that binds the parties. The role of the Mediator in the mediation process is to mediate the parties, find common ground for the problems of the parties and oversee the course of mediation such as arranging negotiations, holding meetings, arranging discussions, mediating, formulating agreements between the parties so that mediation can be successful.

Pelaksanaan Perjanjian Babalu Dalam Masyarakat Negeri Sanahu Yoseph Batlolona; Barzah Latupono; Sarah Selfina Kuahaty
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1807

Introduction: In everyday life, humans cannot be separated from carrying out agreement activities, both written and unwritten.Purposes of the Research: To study and analyze the implementation of the babalu agreement in Negeri Sanahu, To review and design a babalu agreement that can provide benefits to the parties, As one of the requirements to complete studies at the Faculty of Law, University of Pattimura.Methods of the Research: Normative juridical research method, which is to obtain data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through qualitative analysis, namely the data obtained and then arranged systematically for further qualitative analysis based on scientific disciplines. civil law to achieve clarity of issues to be discussed.Results of the Research: Babalu agreement is an agreement that is often used by people in the State of Sanahu, West Seram Regency with certain provisions and there are rights and obligations between land owners and sharecroppers. If the agreement made and agreed upon by the parties and witnesses (customary leaders) is violated, the violator will receive sanctions in the form of termination of work if the violation is on the part of the sharecropper, and if the land owner violates the law, the results that are managed completely belong to the sharecropper. Without repaying the land owner. If the agreement is violated by one of the parties, then the legal consequences are in accordance with Article 1338 of the Civil Code, namely if anyone who violates the agreement will receive a penalty as stipulated in the law.

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