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Pieter Radjawane
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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KEBEBASAN BERAGAMA SEBAGAI HAK KONSTITUSI DI INDONESIA Pieter Radjawane
SASI Vol 20, No 1 (2014): Volume 20 Nomor 1, Januari - Juni 2014
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v20i1.343

Abstract

Human Rights in general is defined as every human rights acquired since he was born that apply universally. In Indonesia, religious freedom is a part of many human rights are constitutionally stipulated in the Constitution of the Republic of Indonesia in particular in Article 28A through Article 28J. Which is then more specifically regulated in Law Number 39 Year 1999 on Human Rights, and Law No. 12 of 2005 on the Ratification of the International Covenant On Civil Rights and Politics (International Covenant on Civil and Political Rights). Karenya each of Indonesia's population is given the freedom of religion but in practice these freedoms must remain within the limits stipulated in legislation
Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Ronald Saija; Fransiscus X. V. R Letsoin; Rory Jeff Akyuwen; Pieter Radjawane
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Abstract

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.
UPAYA HUKUM PEMBATALAN PUTUSAN ARBITRASE DI PENGADILAN Pieter Radjawane
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.165

Abstract

In today's borderless business era, arbitration is a very popular dispute settlementinstitution used by businesses. However, it is not uncommon for business people, especiallythose who win cases, to be frustrated when faced with the implementation of arbitrationrulings involving the courts. The process of dispute resolution at the National ArbitrationInstitute, as it is commonly known in the Court, dispute resolution will lead to a decision(National Arbitration Award). Article 70 of Law no. 30 of 1999 on Arbitration and AlternativeDispute Settlement, affirming that the arbitral award can only be canceled if it is suspected tocontain elements of fake Letter / Document, or found documents hidden by the opponent or ajudgment taken from the guile by one of the parties in Examination, but the fact in practice thecourt still receives the request and cancels the arbitration decision outside the context of thatarticle which is the basis of the reference for the cancellation of the arbitral award.
Co-Authors Fransiscus X. V. R Letsoin Ronald Saija Rory Jeff Akyuwen