Novyta Uktolseja
Fakultas Hukum Universitas Pattimura

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) Di Kota Ambon Desy Kosita Hallauw; Jenny Kristiana Matuankotta; Novyta Uktolseja
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.256

Abstract

Relinquishment of land rights is the relinquishment of legal relations between the holders of land rights and the land under their control by providing compensation on the basis of deliberation. Letter of Waiver of rights is evidence that is made with the aim of releasing land rights. A letter of release of customary land rights (dati) is applied in the same way as the release of land rights in general, as enforced in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The process of registering customary land rights (dati) is based on the release of customary rights (dati) issued by the customary land owner (dati) as the basis for rights. So based on the release of land rights, it can be registered at the Ambon City Land Office to obtain proof of land ownership or certificates. The letter of release of customary land rights (dati) issued by the customary State Government in Ambon City is binding as long as it is carried out based on applicable customary law and can be proven the basis of ownership rights to customary land (dati) from the customary land owner (dati) that issues the release letter the land rights. However, as long as it cannot be proven valid, the letter of release of land rights does not have binding power, thus the release of the customary land rights (dati) becomes invalid and the certificate can be canceled.
Perlindungan Hukum Terhadap Pemilik Hak Atas Tanah Dalam Proses Pengadaan Tanah Untuk Kepentingan Umum Dwi Nurul Aulia Pattiha; Jemmy Jefry Pietersz; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10101

Abstract

ABSTRACT: Procurement of land for public purposes is not carried out according to the stages such as planning, preparation, implementation and delivery of results and even at these 4 (four) stages disputes often occur so that owners of land rights lose their rights without compensation or the compensation they receive is not appropriate as a form of legal protection for the owner of the right to land. Purposes of the Research, reviewing and analyzing the land acquisition process for public interest can lead to land acquisition disputes, as well as reviewing and analyzing legal remedies for owners of land rights in the process of land acquisition for public interests. Methods of the Research the type of research used is normative juridical research using a problem approach, namely the statutory approach and the concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research with legal material analysis techniques, namely qualitative. Research results show that land acquisition for the public interest is very prone to causing disputes. This is because in the process of land acquisition for the public interest it is not carried out based on the provisions, because land acquisition for development for the public interest is carried out through the stages of: planning, preparation, implementation and delivery of results, not implemented These four stages cause disputes in the process of land acquisition for the public interest so that owners of land rights can take legal action as a form of legal protection against ownership of land rights to obtain compensation or objections can be made through non-litigation channels, namely deliberations, while the litigation path, namely the judicial process of Objections to location determination can be submitted to the PTUN, while objections to determining the form and amount of compensation are submitted to the local District Court.