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AKSES KEADILAN BAGI MASYARAKAT ADAT DALAM PENYELESAIAN SENGKETA TANAH ULAYAT YANG DIBERIKAN HAK GUNA USAHA Mahrita Aprilya Lakburlawal
ADHAPER: Jurnal Hukum Acara Perdata Vol 2, No 1 (2016): Januari – Juni 2016
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v2i1.24

Hak Guna Usaha sebagaimana yang diatur dalam Pasal 28 ayat(1)UU No. 5 Tahun 1960 diberikan atas tanah yang dikuasai langsung oleh Negara. Dengan demikian tanah ulayat yang diberikan untuk hak guna usaha harus dilepaskan haknya sebagai tanah ulayat menjadi tanah negara berdasarkan Peraturan Pemerintah No. 40 Tahun1996. Dengan demikian ketika hak guna usaha berakhir status tanah yang diberikan hak guna usaha berubah menjadi tanah negara dan ini menghilangkan status tanah ulayat kesatuan masyarakat hukum adat.Hal ini dalam banyak kasus menimbulkan sengketa pertanahan antara masyarakat adat sebagai pemegang Hak Ulayat dengan perusahaan ketika jangka waktu hak guna usaha berakhir. Keinginan masyarakat adat untuk mendapatkan keadilan yang seadil-adilnya dengan cara yang cepat dan murah dapat melalui lembaga litigasi. Namun sengketa seringkali diselesaikan dalam jangka waktu yang sangat lama dan menghabiskan biaya yang besar sehingga keinginan untuk mendapatkan keadilan dengan cepat dan biaya murah tidak tercapai.Kata kunci: Hak Guna Usaha, Hak Ulayat, tanah ulayat, sengketa pertanahan

Penyuluhan Hukum Tentang Upaya Penyelesaian Sengketa Hak Milik Atas Tanah Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal
AIWADTHU: Jurnal Pengabdian Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v2i1.883

Introduction: The general public's lack of knowledge about the importance of land registration, as well as land registration procedures, especially land ownership rights, causes conflicts between residents in the community. When a dispute occurs, the community's lack of understanding of the dispute resolution procedure, either through litigation or non-litigation, causes the community to tend to be reluctant to fight for their land rights.Purposes of Devotion: To provide knowledge about Efforts to resolve disputes over land ownership rights that can be pursued through litigation or judicial institutions or non-litigation channels along with their advantages and disadvantages, with the hope that people who are in dispute regarding land ownership rights can take the right path. in an attempt to resolve it. Method of Devotion: Legal counseling is carried out using a panel discussion method where the presenters first present the material in turns, followed by a questions and answers session between the community and the presenters.Results of the Devotion: Ward Benteng especially in RT 002/RW 006 is one of the areas in Ambon City which is quite dense so there tends to be a dispute over land ownership rights among its citizens, especially related to the typology of disputes, namely control without rights where there are residents who occupy land belonging to them. other residents with the permission of the owner who then secretly took care of the registration of the land without the owner knowing, while the owner himself had not yet registered the ownership of the right due to lack of knowledge about land registration, the community's lack of understanding of legal remedies that can be taken when a land dispute occurs causes landowners to lose their rights to land.

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

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.

Penyusunan Peraturan Negeri Haruku Tentang Pengelolaan Sumber Daya Wilayah Pesisir Julista Mustamu; Yohanis Pattinasarany; Mahrita A. Lakburlawal
AIWADTHU: Jurnal Pengabdian Hukum 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/aiwadthu.v3i1.1276

Introduction: Devotion to the Preparation of Haruku State Regulations Concerning the Management of Coastal and Marine Resources is an activity to form a state regulation so that all interests related to the Management of Coastal and Marine Areas Resources are accommodated and the creation of a regulation that creates harmony between communities.Purposes of Devotion: To produce a State Regulation product that regulates and organizes life in Haruku Country so that the people who are governed by the law obtain certainty, benefit and justice in the life of the state and society, especially in the Management of Coastal and Marine Area Resources. Method of Devotion: Activities are carried out using the method of compiling laws and regulations, especially the formation of village/traditional village legal products.Results of the Devotion: Preparation of state regulations as a form of practicing the principle of a welfare state where in Law No. 6 of 2014 concerning villages gives authority to villages to manage their own natural resources, both resources in mountainous areas and at sea. but then there are often various villages that find it difficult to manage their resources especially when you see that there are so many resources that exist in the sea and coastal areas starting from the abundance of fish, coral reefs, agar-agar and there are still many marine biota that must be managed properly by the people in In a country, this happens due to the lack of a clear regulation regarding the management of resources in coastal and marine areas as a benchmark, namely in one of the areas in Maluku, namely Haruku country, which does not yet have state regulations regarding the management of coastal and marine areas. So it is considered important. there is a state regulation that provides guarantees and guidance for the country in managing resources in coastal and marine areas as well as the intended state regulations giving authority, therefore in order to make these regulations, a Haruku country needs guidance in carrying out the preparation of these state regulations.

The Impact of the Hamlet Land Pawn Agreement on the Economic Level of Indigenous Peoples in Negeri Piliana, Maluku Tengah Regency Jenny K. Matuankotta; Mahrita Aprilya Lakburlawal; Pieter Radjawane; Safrin Salam; Kayode Muhammed Ibrahim
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1262

This study aims to identify and analyze the hamlet land pawn agreement practice and its impact on the economic level of indigenous peoples in Negeri Piliana, Central Maluku Regency. The method used is sociological juridical research which emphasizes research aimed at obtaining legal knowledge empirically by going directly to the object. The chosen research location was Negeri Piliana, Tehoru District, Central Maluku Regency. The research was conducted using primary and secondary data. The sample selection method used a purposive sampling method. The results of this study indicate that the pawn sales transaction practice in Negeri Piliana, Tehoru District, Central Maluku Regency, has a different concept from the concept according to customary law in general. The pawn sales practice, in this case, is an agreement to give a hamlet (land that has been planted with certain long-lived crops such as coconut, cloves, nutmeg or cocoa) to obtain an amount of money with a mutually agreed repayment period as long as the pawn giver can cover the amount owed along with interest. So that if it is not agreed upon, it can cause the pawn giver as the owner to lose access to the pawned object for an unlimited time, which can impact the economic level of the surrounding community.

Hak Waris Anak Perempuan Tunggal Menurut Hukum Waris Adat Di Pulau Kisar Kabupaten Maluku Barat Daya Mathias Kristison Maromon; La Ode Angga; Mahrita Aprilya Lakburlawal
LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v3i1.10281

Women and men have the same position before the law regardless of gender, including the right to inherit. This research was carried out by referring to the type of normative legal research, or what is usually referred to as normative legal research or juridical where researchers will conduct a study of documents in the form of research conducted by examining literature sources and secondary data only, the type of research is descriptive analytical through an approach statutory and conceptual, guided by primary sources of legal material in the form of the 1945 Constitution of the Republic of Indonesia and the Civil Procedure Code as well as secondary and tertiary legal materials through the card system mechanism. Based on the research and presentation of the results and discussion, it was concluded that girls according to customary inheritance law on Kisar Island, especially in the community in Lebelau Village, North Kusar District, Southwest Maluku Regency, are not heirs, especially with regard to inheritance. This is influenced by the kinship system in adhered to by the people on Kisar Island in general, namely the patrilineal system so that sons become the heirs of priority according to customary law. The fulfillment of the inheritance rights of a daughter or only daughter in the family only includes inheritance that is the result of the income of the parents, where the fulfillment of these rights is very dependent on the wisdom of the parents.

Penyuluhan Hukum Tentang Dampak Perjanjian Gadai Tanah Terhadap Tingkat Ekonomi Masyarakat Hukum Adat Negeri Piliana Kabupaten Maluku Tengah Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal; Pieter Radjawane
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1773

Introduction: This article analyzes the impact of land pawning agreements which tend to be the choice of customary law communities, especially in the Philippines, to obtain funds in a short time, but the implementation of land pawning does not take place without problems, especially if the land pawning agreement is not signed correctly, it will very detrimental to the pawnbroker as the land owner.Purposes of Devotion: Providing knowledge and understanding to the community about the impact of land pawning agreements on the customary law communities of Piliana State, especially so that the land pawning agreements carried out do not harm the pawning party as the land owner. Method of Devotion: Legal counseling is carried out guided by the panel discussion method. Namely, the presenters will present the counseling material in turns, followed by a question and answer session with village officials and the community.Results of the Devotion: The Customary Law Community in Pliana village, which lives at the foot of Mount Binaya, Tehoru District, Central Maluku Regency, is a community group with a lower middle economic level and a low level of education. Therefore, they tend to enter into hamlet land pawning agreements. However, the implementation of pawning based on custom without knowledge of the law regarding pawning causes the people of Piliana State, especially members of the pawnbroker's association's hamlet land owners, to suffer losses because land pawning can last more than seven years or even decades and as long as the rights to the hamlet land are in their hands. pawn recipients, thereby worsening the community's economy.

Perceraian Yang Dilakukan Oleh Pasangan Yang Melakukan Perkawinan Beda Agama Rusgiman Fauzan Ruslan; Barzah Latupono; Mahrita Aprilya Lakburlawal
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.v1i1.10836

ABSTRACT: Law Number 1 of 1974 concerning marriage generally only regulates marriage and divorce for those who are married according to the provisions stipulated in the law. However, marriage and divorce are not always carried out by couples who have the same religion and belief, often marriages and divorces are carried out by those who have different religions and beliefs. The purpose of this paper is to find out and explain whether interfaith marriages and interfaith divorce processes are valid or not. The method used in this paper is a normative juridical approach with a statutory approach, a conceptual approach and a case approach. Results of the research basically, interfaith marriages carried out in any way the marital status is invalid, because basically a marriage can be considered valid if it is carried out according to Article 2 paragraph (1) of Law Number 1 Year 1974 concerning Marriage which explains that "Marriage is valid if it is carried out according to the laws of each religion and belief", but in reality interfaith marriages still occur in Indonesia. Divorce between different religions can be carried out in court, namely in particular it can be done in district courts, the process of interfaith divorces conducted in district courts is generally not much different from divorces carried out by couples in general in district courts.

Pemenuhan Hak-Hak Masyarakat Hukum Adat Dalam Investasi Pertambangan Migas Di Kabupaten Kepulauan Tanimbar Andi Dharma Ratumasa; Teng Berlianty; Mahrita Aprilya Lakburlawal
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.v1i1.10856

ABSTRACT: Article 33 paragraph 3 (three) of the 1945 Indonesian Constitution outlines the basic policy regarding the control and use of existing natural resources, that the earth and water and the natural resources contained therein are controlled by the State, and used to the greatest extent for the prosperity of the people. The position of customary law communities and dispute resolution within the scope of customary law communities in Maluku, Agrarian Minister Regulation Number 18 of 2019 concerning Procedures for Administering Customary Land Unity of Customary Law Peoples, administration of customary law community territories to ensure legal certainty and stipulation of recognition and protection of the unity of customary law communities. The problem approach used in this writing is the statute approach and case approach, the purpose of this paper is to know and understand the position of customary law communities in Oil and Gas Mining Law Investment in the Tanimbar Islands Regency and to know and understand the responsibilities of Business Actors in fulfilling the Rights of Customary Law Peoples in the Islands Regency Tanimbar. The type of research used is Normative Juridical with Legal Material Collection Techniques obtained from primary, secondary and tertiary legal materials, which are then analyzed based on these legal materials.Investment in oil and gas mining and processing in the territory of the lordship of customary law communities in the Tanimbar Islands district on the island of Nustual, while faced with a situation that does not have certainty for the rights of customary law communities related to the release of customary land rights which are used as a means of oil and gas mining investment. The government as an institution that has the authority to present consensus deliberations for the process of completing investment in oil and gas mining in the Masela block. as well as good responsibilities from the Inpex company as an investor. Several laws and regulations governing the position of customary law communities in the constitution of the 1945 Constitution even to Law Number 20 of 2001 concerning Oil and Gas are considered irrelevant to the development of customary law communities in the current era.

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

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.

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