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All Journal Jurnal Hukum Acara Perdata AIWADTHU: Jurnal Pengabdian Hukum Legal Protection for the Partnership Agreement Parties LUTUR Law Journal PATTIMURA Law Study Review SASI
Mahrita Aprilya Lakburlawal
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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

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

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

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 Andi Dharma Ratumasa Barzah Latupono Jenny K. Matuankotta Jenny Kristiana Matuankotta Jenny Kristiana Matuankotta Jimmy Joseph Julista Mustamu Kayode Muhammed Ibrahim La Ode Angga Mathias Kristison Maromon Novyta Uktolseja Pieter Radjawane Pieter Radjawane Primus L Untajana Rusgiman Fauzan Ruslan Safrin Salam Teng Berlianty Yohanis Pattinasarany