Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

Mispa Christian Science Paisina; Adonia Ivone Laturette; Novyta Uktolseja

doi:10.47268/pamali.v1i2.617

Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

Mispa Christian Science Paisina⁽¹⁾, Adonia Ivone Laturette⁽²⁾, Novyta Uktolseja⁽³⁾

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
email

Corresponding Author

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.

Keywords

Right of Ownership; Indigenous Peoples; Customary Land

DOI

10.47268/pamali.v1i2.617

Published

2021-10-12

How To Cite

APA: Paisina, M.C., Laturette, A.I., & Uktolseja, N. (2021). Hak Milik Atas Tanah Adat Di Wilayah Kepulauan. PAMALI: Pattimura Magister Law Review, 1(2), 62 – 72. DOI: https://doi.org/10.47268/pamali.v1i2.617.

IEEE: M.C. Paisina, A.I. Laturette, and N. Uktolseja, "Hak Milik Atas Tanah Adat Di Wilayah Kepulauan", Pamali Pattimura Magister Law Rev., vol. 1, no. 2, pp. 62 – 72, Oct. 2021. Accessed on: Apr. 17, 2025. [Online]. Available DOI: https://doi.org/10.47268/pamali.v1i2.617

Harvard: Paisina, M.C., Laturette, A.I., and Uktolseja, N., (2021). "Hak Milik Atas Tanah Adat Di Wilayah Kepulauan". PAMALI: Pattimura Magister Law Review, Volume 1(2), pp. 62 – 72. [Online]. Available DOI: https://doi.org/10.47268/pamali.v1i2.617 (Accessed on: 17 April 2025)

Chicago: Paisina, Mispa Christian Science, Adonia Ivone Laturette, and Novyta Uktolseja. "Hak Milik Atas Tanah Adat Di Wilayah Kepulauan." PAMALI: Pattimura Magister Law Review 1, no. 2 (October 12, 2021): 62 – 72. Accessed April 17, 2025. doi:10.47268/pamali.v1i2.617

Vancouver: Paisina MC, Laturette AI, Uktolseja N. Hak Milik Atas Tanah Adat Di Wilayah Kepulauan. Pamali Pattimura Magister Law Rev. [Internet]. 2021 Oct 12 [cited 2025 Apr 17];1(2):62 – 72. Available from: https://doi.org/10.47268/pamali.v1i2.617

MLA 8th: Paisina, Mispa Christian Science, Adonia Ivone Laturette, and Novyta Uktolseja. "Hak Milik Atas Tanah Adat Di Wilayah Kepulauan." PAMALI: Pattimura Magister Law Review, vol. 1, no. 2, 12 Oct. 2021, pp. 62 – 72, doi:10.47268/pamali.v1i2.617. Accessed 17 Apr. 2025.

BibTeX:

@article{pamali617,
		author = {Mispa Paisina and Adonia Laturette and Novyta Uktolseja},
		title = {Hak Milik Atas Tanah Adat Di Wilayah Kepulauan},
		journal = {PAMALI: Pattimura Magister Law Review},
		volume = {1},
		number = {2},
		year = {2021},
		keywords = {Right of Ownership; Indigenous Peoples; Customary Land},
		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.},
				issn = {2775-5649},		pages = {62--72}			doi = {10.47268/pamali.v1i2.617},
				url = {https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/617}
		}

RefWorks:

Citation format: Download Citation:

Ibrahim, Johnny. Teori Dan Metode Penelitian Hukum Normatif. Malang: Malang: Bayu Media Publishing, 2006.

Keraf, Sony A. Hukum Kodrat Dan Teori Hak Milik Pribadi. Yogyakarta: Kanisius, 2001.

Laturette, Adonia Ivone. "Hak Ulayat Dalam Hukum Tanah Nasional." Universitas Airlangga, 2011.

Marzuki, Peter Mahmud. Penelitian Hukum,. Jakarta: Kencana, 2016. https://doi.org/340.072.

Nurtjahtjo, Hendra, and Fokky Fuad. Legal Standing Kesatuan Masyarakat Hukum Adat Dalam Berperkara Di Mahkamah Konstitusi. Jakarta: Salemba Humanika, 2010.

Parlindungan, A P. Komentar Atas Undang-Undang Pokok Agraria. Bandung: Mandar Maju, 2008.

Sappe, Suryani, Adonia Ivonne Laturette, and Novyta Uktolseja. "Hak Pakai Atas Tanah Hak Milik Dan Penyelesaian Sengketa." Batulis Civil Law Review 2, no. 1 (2021): 78-92. https://doi.org/10.47268/ballrev.v2i1.560.

https://doi.org/10.47268/ballrev.v2i1.560

Soekanto, Soerjono, and Sri Mamudji. Penelitian Hukum Normatif, Suatu Tinjauan Singkat. Jakarta : Raja Grafindo Persada. Jakarta: Rajawali Pers, 2015.

Sumardjono, Maria S. W. Kebijakan Pertanahan Antara Regulasi Dan Implementasi. Jakarta: Kompas, 2001.

Uktolseja, Novyta. "Perkembangan Sistem Pewarisan Tanah Dati Di Ambon." Disertasi: Universitas Airlangga, 2015.

Full Text: PDF

Article Metrics

Abstract View grafik

: 2350 times
PDF icon PDF

Download : 2145 times


Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

2.	Creator	Author's name, affiliation, country	Mispa Christian Science Paisina; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Adonia Ivone Laturette; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Novyta Uktolseja; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Right of Ownership; Indigenous Peoples; Customary Land

4.	Description	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.

5.	Publisher	Organizing agency, location	Postgraduate Program in Law, Pattimura University

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2021-10-12

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/617

10.	Identifier	Digital Object Identifier	10.47268/pamali.v1i2.617

11.	Source	Title; vol., no. (year)	PAMALI: Pattimura Magister Law Review; Vol 1, No 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

15.	Rights	Copyright and permissions	Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy) Licence : PAMALI: Pattimura Magister Law Review is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License..