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Papers by novyta uktolseja
TATOHI: Jurnal Ilmu Hukum, Oct 15, 2021
Land disputes that occur in the Woirata tribal indigenous peoples are disputes over clan land rig... more 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.
AIWADTHU: Jurnal Pengabdian Hukum, 2021
Introduction: Land is a vital object that is very important for the community to carry out all ac... more 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.
AIWADTHU: Jurnal Pengabdian Hukum, 2021
Introduction: women are always seen as second-class beings who are weak, irrational and do not ha... more 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, l...
PAMALI: Pattimura Magister Law Review, 2021
Introduction: Securing land for the building of the Hunimua Ferry Crossing Port in Liang State, C... more 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...
PAMALI: Pattimura Magister Law Review, 2021
Introductioan: The Western Seram Islands have various customary rights that grow and develop in t... more 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 ...
This dissertation examines and analyses three legal issues related to the development of the Dati... more This dissertation examines and analyses three legal issues related to the development of the Dati Land inheritance system in Ambon. First, the philosophy ground for the existence of the Dati Land. Second, the Dati Land inheritance system. And third, the development of the inheritance of Dati Land. This dissertation is using legal research or normative legal research method. The approach uses are: statutory approach; conceptual approach; historical approach; and the case-based approach. In accordance with the nature of normative legal research, the source legal material that is used are: the primary materials and secondary materials. This research is conducted through analysis and interpretation of legal materials that focused on issues of the Dati Land and its future development. In interpreting the above legal materials, this dissertation employs the grammatical interpretation method which aims to determine the meaning of the provisions of laws, regulations and/or court decisions t...
Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation w... more Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problem...
SASI, 2020
Relinquishment of land rights is the relinquishment of legal relations between the holders of lan... more 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 customa...
SASI, 2020
Land acquisition for the construction of roads in the public interest is a classic problem that a... more Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline...
Journal of Law, Policy and Globalization, 2020
The use of the word land is not used in the formulation of Article 33 paragraph (3). This means t... more The use of the word land is not used in the formulation of Article 33 paragraph (3). This means that land (land) is one part of the earth. Land is also the most important factor not only when humans are still alive but when humans die, needing land as their final resting place. The importance of the meaning of land for human life is that human life can not be separated from the earth at all. They live on land and obtain food by utilizing land. Research is a scientific activity related to analysis and construction, which is carried out methodologically, systematically and consistently. Methodological means according to certain methods and methods; systematic is based on a system, whereas consistent means the absence of things that conflict in a particular framework. From the explanation above, it can be concluded that: 1. The existence of customary communities' customary rights based on rules of ownership is still recognized, their traditional values are still preserved, still respected, respected, until now so that their existence is increasingly strengthened. And when times will change replaced with new regeneration. 2. Factors Affecting the Existence of Customary Rights in Modern Society can be influenced by cultural factors, structural factors, educational factors and legal factors. 3. Efforts in Maintaining the Existence of Customary Rights in Modern Communities, namely the principle of upholding traditional values.
Batulis Civil Law Review
The process of the occurrence of use rights over land is based on statutory regulations and gover... more 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...
SASI, Sep 1, 2020
Land acquisition for the construction of roads in the public interest is a classic problem that a... more Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline...
TATOHI: Jurnal Ilmu Hukum, Oct 15, 2021
Land disputes that occur in the Woirata tribal indigenous peoples are disputes over clan land rig... more 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.
AIWADTHU: Jurnal Pengabdian Hukum, 2021
Introduction: Land is a vital object that is very important for the community to carry out all ac... more 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.
AIWADTHU: Jurnal Pengabdian Hukum, 2021
Introduction: women are always seen as second-class beings who are weak, irrational and do not ha... more 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, l...
PAMALI: Pattimura Magister Law Review, 2021
Introduction: Securing land for the building of the Hunimua Ferry Crossing Port in Liang State, C... more 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...
PAMALI: Pattimura Magister Law Review, 2021
Introductioan: The Western Seram Islands have various customary rights that grow and develop in t... more 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 ...
This dissertation examines and analyses three legal issues related to the development of the Dati... more This dissertation examines and analyses three legal issues related to the development of the Dati Land inheritance system in Ambon. First, the philosophy ground for the existence of the Dati Land. Second, the Dati Land inheritance system. And third, the development of the inheritance of Dati Land. This dissertation is using legal research or normative legal research method. The approach uses are: statutory approach; conceptual approach; historical approach; and the case-based approach. In accordance with the nature of normative legal research, the source legal material that is used are: the primary materials and secondary materials. This research is conducted through analysis and interpretation of legal materials that focused on issues of the Dati Land and its future development. In interpreting the above legal materials, this dissertation employs the grammatical interpretation method which aims to determine the meaning of the provisions of laws, regulations and/or court decisions t...
Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation w... more Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problem...
SASI, 2020
Relinquishment of land rights is the relinquishment of legal relations between the holders of lan... more 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 customa...
SASI, 2020
Land acquisition for the construction of roads in the public interest is a classic problem that a... more Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline...
Journal of Law, Policy and Globalization, 2020
The use of the word land is not used in the formulation of Article 33 paragraph (3). This means t... more The use of the word land is not used in the formulation of Article 33 paragraph (3). This means that land (land) is one part of the earth. Land is also the most important factor not only when humans are still alive but when humans die, needing land as their final resting place. The importance of the meaning of land for human life is that human life can not be separated from the earth at all. They live on land and obtain food by utilizing land. Research is a scientific activity related to analysis and construction, which is carried out methodologically, systematically and consistently. Methodological means according to certain methods and methods; systematic is based on a system, whereas consistent means the absence of things that conflict in a particular framework. From the explanation above, it can be concluded that: 1. The existence of customary communities' customary rights based on rules of ownership is still recognized, their traditional values are still preserved, still respected, respected, until now so that their existence is increasingly strengthened. And when times will change replaced with new regeneration. 2. Factors Affecting the Existence of Customary Rights in Modern Society can be influenced by cultural factors, structural factors, educational factors and legal factors. 3. Efforts in Maintaining the Existence of Customary Rights in Modern Communities, namely the principle of upholding traditional values.
Batulis Civil Law Review
The process of the occurrence of use rights over land is based on statutory regulations and gover... more 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...
SASI, Sep 1, 2020
Land acquisition for the construction of roads in the public interest is a classic problem that a... more Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline...