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All Journal PATTIMURA Legal Journal LUTUR Law Journal PATTIMURA Law Study Review
Jenny Kristiana Matuankotta
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Implikasi Hukum Pendaftaran Atas Tanah Adat (Tanah Dati) Terhadap Pemegang Hak Lainnya Flauangelia Herisli Wattimena; Jenny Kristiana Matuankotta; 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.v1i1.10852

Abstract

ABSTRACT: Land registration in Indonesia is a government obligation mandated in law No. 5 of 1960 concerning land rights, both for individual land and customary land which is jointly owned land in Ambon is called dati land. Common land or dati land if it is registered by including in the name of one person as the owner, it will have legal implications for other rights holders. The type of research is normative juridical research, while the research approach is the statue approach, conceptual approach and finally the case approach or case approach. The technique of collecting legal materials used in this study was to conduct a literature study. The results of the research in this paper are that other rights holders, such as the dati's children whose names are not listed on the land certificate, are not legally the owners of land rights, so that later if there is a dispute over ownership and control over land among the dati's children, the dati's children do not get legal protection.
Tanah Ulayat Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Aquinta Welly Wenno; Jemmy Jefry Pietersz; Jenny Kristiana Matuankotta
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.v1i1.10910

Abstract

ABSTRACT: Land acquisition is the act of transferring land by paying proper and fair compensation to the rightful party. The problems of indigenous peoples regarding the use of their customary lands are used for the development of public interests and should have an important role in the procurement process up to the compensation they must receive as a form of legal protection. Realization of development land acquisition for public interest and its implementation stages are guided by Government Regulation Number 19 of 2021 concerning Land Procurement for Public Interest. The government has the authority to organize land acquisition for development in the public interest. This research is to answer the problems of indigenous peoples regarding the use of their customary land which is used for the development of public interests and should primary, secondary and tertiary legal materials. The results of this study indicate that the realization of development land have an important role in the procurement process up to the compensation they must receive as a form of legal protection. Which uses a normative-juridical method with the Statute Approach approach. , and Conceptual Approach as well as using acquisition for the public interest and the stages of its implementation are guided by Government Regulation Number 19 of 2021.
Keabsahan Peralihan Harta Warisan Berdasarkan Surat Keterangan Wasiat Jimmy Joseph; Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.11787

Abstract

The position of the heirs in the distribution of inheritance based on a testamentary certificate must be in accordance with the position of the heirs based on the law and the will, so the heirs are only those from the family who have the closest blood relationship to the heirs according to the law. Relating to the consequences of a legal action or event that can have legal consequences for that person or other people. In relation to his will, the legal effect on the heirs is that the testament made by Mrs. SS as intended in this writing can result in being null and void because because it is not valid it cannot apply. A testamentary statement cannot be called a will because it was not made before or entrusted to a notary as regulated in the Civil Code. So that the transfer of inherited assets from the heir to the heirs is an inheritance according to law or ab intestato inheritance. This research method is a descriptive normative legal research method. Which consists of research types, the problem approach taken is a statutory approach and a conceptual approach, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials, procedures for collecting legal materials, and finally processing and analysis of legal materials. The results of the research show that the certificate of will made by the testator in terms of the definition of a will in Article 875 of the Civil Code and interviews with notaries regarding the meaning of a certificate of will have the same purpose in that they both explain the will of someone who will die, however The difference is that a will or testament is a deed if it is defined as a document made in accordance with the provisions regulated by law, by or in the presence of an authorized public official at the place where the deed is made. Thus, the certificate of will as referred to in this case is not a will because it was not made by and/or in the presence of an official, it was made by the testator and heirs, so it cannot be called a will. A testamentary statement made by the testator cannot be said to be a will or invalid. So the legal consequence in the case that has been explained is that the certificate of will is null and void, he does not exist because based on the certificate of will made by the heir some of the heirs did not receive their share or right to inherit.
Co-Authors Aquinta Welly Wenno Flauangelia Herisli Wattimena Hendra Belseran Jemmy Jefry Pietersz Jimmy Joseph Khomaizah Khomaizah Mahrita Aprilya Lakburlawal Merry Tjoanda Muchtar Anshary Hamid Labetubun Novyta Uktolseja