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All Journal Journal of Indonesian Legal Studies Batulis Civil Law Review TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum LUTUR Law Journal PATTIMURA Law Study Review SASI
Novyta Uktolseja
Fakultas Hukum Universitas Pattimura. Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Hak Milik Atas Tanah Adat Di Wilayah Kepulauan Mispa Christian Science Paisina; Adonia Ivone Laturette; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol 1, No 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i2.617

Abstract

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.
Konsinyasi/Penitipan Uang Sebagai Bentuk Ganti Rugi Atas Pengalihan Hak Tanah Stevi Hendi Lawalata; Jenny Kristiana Matuankotta; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol 1, No 1 (2021): VOLUME 1 NOMOR 1, MARET 2021
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i1.481

Abstract

Introduction: Securing land for the building of the Hunimua Ferry Crossing Port in Liang State, Central Maluku Regency, the deliberate mechanism that should be a means of compromise in the form of mutual compensation often does not reach a consensus, hence the way the dispute is resolved through the court's channel. On the other hand, in order for the completion of the assumed oil price to be paid by monetary or monetary services.Purposes of the Research: The study will review payment procedures by conifers and other monetary services for the development of the Hunimua ferry crossing of maluku district as a transference of land rights.Methods of the Research: The study is normatif yuridis, using analytic descriptive research types by using primary, secondary and tertiary source material. The approach used was a statute approach, a conceptual approach and a case approach. The technique for collecting legal materials used literature studies that were then analyzed qualitatively to address the issues discussed.Results of the Research: Payment procedures through consignment / deposit of money conducted by PT.  ASDP Ferry (PERSERO) is in accordance with the provisions of the national land law in terms of the transfer of rights, which has been carried out according to land acquisition procedures through socialization and deliberation with land rights holders, but because the land is still in dispute, it is in accordance with the provisions of Law No.  2 of 2012, PT ASDP Fery Persero made a request for payment through consignment / deposit money.  The consignment / deposit of money by PT ASDP Fery Persero for the construction of the Hunimua Ferry Crossing Port in Liang State, Central Maluku Regency has legal consequences for the transfer of land rights which are transferred from land rights holders to PT ASDP Fery Persero so that the construction activities of the Hunimua Ferry Port expansion can be carried out.
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 Tentang Perlindungan Hak-Hak Perempuan Di Desa Rumberu Kecamatan Inamosol Kabupaten Seram Bagian Barat Mahrita Aprilya Lakburlawal; Jenny Kristiana Matuankotta; Novyta Uktolseja; Primus L Untajana
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 (470.292 KB) | DOI: 10.47268/aiwadthu.v1i2.670

Abstract

Introduction: women are always seen as second-class beings who are weak, irrational and do not have the ability to even make decisions for their own interests, resulting in the neglect of women's rights which causes low levels of education, early marriage, restrictions on activities in these sectors. and violence are problems experienced by women in the village.Purposes of Devotion: Purpose of the Reaserch: to provide an understanding regarding the protection of women's rights in the hope that there will be an understanding regarding the equality of the position of women and men as well as more opportunities for women to be involved in development in Rumberu village. Method of Devotion: Counseling is carried out using the panel discussion method which begins with a lecture from each presenter in turn, followed by a questions and answers session between the presenters and the community.Results of the Devotion: Women in Rumberu village, Inamosol District, West Seram Regency, like women in other regions in Indonesia, have had their rights violated in various ways. Women in Rumberu village experience various injustices because of their existence as women such as marginalization/marginage, subordination, stereotypes, violence and double workload. Among them, violence is the most common problem in Rumberu village. this is due to the low level of education and economy, lack of understanding of women's rights, as well as the prevailing customs and culture in Rumberu Country. Even though women are potential development capital, there needs to be an understanding of the position of women so that there is equality.
Hak Pakai Atas Tanah Hak Milik dan Penyelesaian Sengketa Suryani Sappe; Adonia Ivone Latturete; Novyta Uktolseja
Batulis Civil Law Review Vol 2, No 1 (2021): VOLUME 2 NOMOR 1, MEI 2021
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v2i1.560

Abstract

The process of the occurrence of use rights over land is based on statutory regulations and government regulations to prevent misuse of the administration process. However, in this era of increasingly modern life, there are many disputes relating to control and use of land for public, individual and private interests. The right to use is not at all a new land rights institution, but it is less well known than the ownership rights, land use rights, or building use rights, for that it requires a correct understanding of the right to use in order to use it responsibly. The purpose of this paper is to study and analyze the arrangements for use rights over land with ownership rights and to study and analyze the process of settling usufructuary disputes over land with ownership rights. The method used in this research is the normative juridical method using the statute approach and the conceptual approach, and the case approach is then studied and used as material for descriptive analysis in order to obtain answers to the problems that occur. The results of the research show that the regulation of use rights over land with ownership rights is very important because, when the right to use stands, buildings or objects become assets of the recipient of the right to use. So when the right of use expires or is canceled it will have a legal effect on the objects on it, thus it is hoped that there must be regulations governing objects or buildings that are included in the relinquishment of use rights even though there is an agreement made by the parties.
Jual Beli Hak Atas Tanah Dengan Pemberian Kuasa Menurut Hukum Perdata Atika Sari; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The form of granting power is carried out in various ways, orally granting power of attorney is considered valid according to the Civil Code even though the strength of the law is weak. The practice in society is often between the authorizer and the beneficiary of one of his parties acting outside the authority or rights and obligations that have been given so as to make one of them feel aggrieved.Purposes of the Research: Analyzing and reviewing the position of the buyer who provides legal power and protection for the actual buyer. Methods of the Research: This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines to answer legal issues faced by.Results of the Research: The results of the study show that the orally granting of power of attorney is valid, the strength of the law is weak but does not rule out the possibility that it can be proven in accordance with the provisions of the Civil Procedure Law, proof of land purchase transactions is an important evidence that shows the subject of the transaction, both sellers, buyers and third parties, so that in the proof of payment must be clearly stated,  to avoid the possibility of harming interested parties because of this proof of payment can be clearly proven its position.
Penyelesaian Sengketa Hak Atas Tanah Marga Masyarakat Hukum Adat Suku Woirata Di Pulau Kisar Kabupaten Maluku Barat Daya Ruben Lewedalu; Jenny Kristiana Matuankotta; Novyta Uktolseja
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Land disputes that occur in the Woirata tribal indigenous peoples are disputes over clan land rights for which until now there has been no attempt solution.Purposes of the Research: This study aims to examine and determine the dispute resolution mechanism according to the customary law of the Woirata tribe..Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results of the study show that the settlement of disputes over clan land rights based on the customary law of the Woirata tribe can basically be resolved in two ways, namely through the Soa-level customary institutions and the Village/State-level customary institutions. In this regard, the customary law community of the Woirata tribe usually prefers to use the customary law approach to resolve all problems that occur in the village related to civil matters, such as problems over land that occur.
Fungsi Pengawasan Majelis Pengawas Daerah Terhadap Penegakan Kode Etik Notaris Yared Hetharie; Merry Tjoanda; Novyta Uktolseja
PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v2i2.849

Abstract

Introduction: Notaries have a very important role in Indonesia, to serve the community in terms of making an authentic deed as evidence or as a legal requirement for a certain legal action.Purposes of the Research:  Review and analyze the supervision carried out by the Regional Supervisory Council on the Enforcement of the Notary Code of Ethics.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The MPD Supervision function has so far been carried out well but not yet optimal because there are still violations of the code of ethics by a notary. In carrying out the duties and functions as a notary, there are factors that affect the violation of the code of ethics by a notary, namely internal factors and external factors. The Regional Supervisory Council performs the function of supervising notaries by conducting regular inspections of the notary's monthly report, inspection of the notary's office and examination of alleged violations of the code of ethics committed by a notary.
Upaya Memaksimalkan Kewang Laut Dalam Pelaksanaan Sasi Laut Novyta Uktolseja; Rory Jeff Akyuwen; Agustina Balik
AIWADTHU: Jurnal Pengabdian Hukum Volume 2 Nomor 2, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i2.1089

Abstract

Introduction: Efforts to Maximize Kewang Laut in the Implementation of Sasi Laut and as an Effort to Improve Professionalism of Kewang Laut and Sasi Laut, are one of the factors where the community's dependence in this case is related to the protection of kewang in supervising and maintaining marine biota in the marine area of the indigenous peoples.Purposes of Devotion: The purpose of this service is to provide understanding to the community regarding Sasi Laut and Kewang Laut, To strengthen public understanding regarding efforts to maximize kewang Laut in the implementation of Sasi Laut, To socialize and provide understanding to the community about the efforts that can be done in preventing violations of the sea. marine law violation. Method of Devotion: In accordance with the problems and objectives of this service, the type of research used is empirical research, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The Problem Approach used is the Conceptual Approach, which is an approach in legal research that provides an analytical point of view of problem solving in legal research seen from the aspects of the legal concepts that lie behind it, or even can be seen from the values contained in the norm.Results of the Devotion: To create a customary law community that is good at utilizing its marine power, the role of kewang sea is needed in the implementation of sea sasi, so the right efforts to overcome the obstacles that hinder the process of optimizing kewang sea are: 1). increase a sense of love for Nature both sea and land. 2). Improving and Empowering Kewang Laut as a marine human resource. 3). Improving and Strengthening the role of kewang Laut. 4). Strengthening Security through Kewang Laut. Thus, the effort to maintain the role of the kewang Laut in its role and function is to be able to maintain and oversee marine biota or natural resources in the country which are the needs of indigenous peoples. For this reason, the customary institution which is the customary government must always be able to oversee every decision issued by the customary stakeholders.
Kekuatan Hukum Register Dati Sebagai Alat Bukti Terhadap Penguasaan Dan Pemilikan Hak Atas Tanah Fatihatul Mujahid Rafsanjani Pontoh; Jenny Kristiana Matuankotta; Novyta Uktolseja
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.v2i8.1420

Abstract

Introduction: Customary law communities recognize customary land as ulayat land. Purposes of the Research: The purpose of this study is to find out and explain the legal power of the data register as evidence against the control and ownership of land rights.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 the position of the dati register is as evidence of legal ownership of land rights for the dati community belonging to the customary law community. The dati register provides and guarantees a legal certainty for customary law community groups over dati land. Because it has a position that can be equated with legal evidence of rights to land rights, then dati has binding legal force on the control and ownership of rights to land rights. Therefore, in the settlement of a case related to the land of the dati, the judge may refer to or make the register of the dati as evidence of ownership of the rights to the land of the dati.
Co-Authors Adonia Ivone Latturete Adonia Ivone Laturette Adonia Ivonne Laturette Agustina Balik Agustina Balik Atika Sari Desy Kosita Hallauw Dwi Nurul Aulia Pattiha Faradila Attamimi Fatihatul Mujahid Rafsanjani Pontoh Fengky Kotalewala Flauangelia Herisli Wattimena Hamada Reinaldy Mantulameten Harun Matayane Jemmy Jefry Pietersz Jenny Kristiana Matuankotta Jenny Kristiana Matuankotta Jenny Kristiana Matuankotta Mahrita Aprilya Lakburlawal Merry Tjoanda Merry Tjoanda Mispa Christian Science Paisina Pieter Radjawane Pieter Radjawane Primus L Untajana Putri Anggia Revivo Tulaseket Rizal Riski Kailul Rory Jeff Akyuwen Ruben Lewedalu Stevi Hendi Lawalata Suryani Sappe Yared Hetharie Yosia Hetharie