Penyelesaian Sengketa Tanah Dati (Studi Kasus Putusan MA Nomor 2025 K/Pdt/1983)
), Jenny Kristiana Matuankotta(2), Adonia Ivone Laturette(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introductioan: Dati land can be lost if there are no more descendants as heirs. Dati disappears then the State Government can give it to other children of the country to own, but in its giving there are often disputes, so that parties who feel they have the right propose a settlement through court channels.
Purposes of the Research: To study and explain the factors in the occurrence of Dati land disputes and settlement of Dati land disputes based on the Supreme Court Decision No.2025 K/Pdt/1983.
Methods of the Research: This study uses normative legal research methods with the source of legal materials used in the study are primary, secondary and tertiary. Data collection carried out in the study is library research, namely analyzing library materials related to research.
Results of the Research: Based on the results of the study, there were various factors that influenced the occurrence of dati land disputes, but what happened between the Plaintiff and the Defendant was that mutual claims on dati land disappeared from the Head of Dati Estefanus Wattimena. Based on the evidence presented in the trial, the judge decided that Batubulan and Telagaraja dati belonged to the Defendant which was given by the State Government to the Defendant’s grandfather in 1923 as a form of remuneration for the development of the Urimessing State, and that the Defendant in good faith had cultivated the land for decades, so that with that the Plaintiff was unable to weaken the evidence from the Defendant.
Keywords
DOI
10.47268/sanisa.v1i1.511
Published
2021-03-29
How To Cite
@article{sanisa511,
author = {Priescillia Palapessy and Jenny Matuankotta and Adonia Laturette},
title = {Penyelesaian Sengketa Tanah Dati (Studi Kasus Putusan MA Nomor 2025 K/Pdt/1983)},
journal = {SANISA: Jurnal Kreativitas Mahasiswa Hukum},
volume = {1},
number = {1},
year = {2021},
keywords = {Customary Land; Dati; Dispute Resolution},
abstract = {Introductioan: Dati land can be lost if there are no more descendants as heirs. Dati disappears then the State Government can give it to other children of the country to own, but in its giving there are often disputes, so that parties who feel they have the right propose a settlement through court channels.Purposes of the Research: To study and explain the factors in the occurrence of Dati land disputes and settlement of Dati land disputes based on the Supreme Court Decision No.2025 K/Pdt/1983.Methods of the Research: This study uses normative legal research methods with the source of legal materials used in the study are primary, secondary and tertiary. Data collection carried out in the study is library research, namely analyzing library materials related to research.Results of the Research: Based on the results of the study, there were various factors that influenced the occurrence of dati land disputes, but what happened between the Plaintiff and the Defendant was that mutual claims on dati land disappeared from the Head of Dati Estefanus Wattimena. Based on the evidence presented in the trial, the judge decided that Batubulan and Telagaraja dati belonged to the Defendant which was given by the State Government to the Defendant’s grandfather in 1923 as a form of remuneration for the development of the Urimessing State, and that the Defendant in good faith had cultivated the land for decades, so that with that the Plaintiff was unable to weaken the evidence from the Defendant.},
issn = {2776-2289}, pages = {1--7} doi = {10.47268/sanisa.v1i1.511},
url = {https://fhukum.unpatti.ac.id/jurnal/sanisa/article/view/511}
}
[1] Santoso U. Hukum Agraria. Jakarta: Kharisma Puta Utama; 2012.
[2] Hetharie Y. Perjanjian Nominee sebagai Sarana Penguasaan Hak Milik atas Tanah oleh Warga Negara Asing (WNA) Menurut Kitab Undang-Undang Hukum Perdata. SASI 2019;25:27–38. https://doi.org/10.47268/sasi.v25i1.147.
[3] Kotalewala F, Laturette AI, Uktolseja N. Penyelesaian Sengketa dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum. SASI 2020;26:415–33. https://doi.org/10.47268/sasi.v26i3.397.
[4] Soetiknyo I. Proses Terjadinya UUPA. Yogyakarta: Gadjah Mada University Press; 1987.
[5] Effendi Z. Hukum Adat Ambon Lease. Jakarta: Pradnya Paramita; 1987.
[6] Cooley F. Mimbar Dan Takhta Hubungan Lembaga-Lembaga Keagamaan Dan Pemerintahan Di Maluku Tengah. Jakarta: Pustaka Sinar Harapan; 1987.
[7] Matuankotta JK. Pengaturan Pemanfaatan Tanah Berbasis Kearifan Lokal. Universitas Hasanuddin, 2016.
[8] Kusmayanti H, Hawari SY. Praktik Eksekusi Riil Tanah Milik Masyarakat Adat Sunda Wiwitan. SASI 2020;26:341–55. https://doi.org/10.47268/sasi.v26i3.285.
[9] Soekanto S, Mamudji S. Penelitian Hukum Normatif, Suatu Tinjauan Singkat. Jakarta: Rajawali Pers; 2015.
[10] Harsono B. Hukum Agraria Indonesia, Sejarah Pembentukan Undang-Undang Pokok Agraria, Isi dan Pelaksanaannya. Jakarta: Djambatan; 2007.
[11] Santoso U. Pendaftaran dan Peralihan Hak atas Tanah. Jakarta: Kencana; 2010.
[12] Hallauw DK, Matuankotta JK, Uktolseja N. Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) Di Kota Ambon. SASI 2020;26:111–8. https://doi.org/10.47268/sasi.v26i1.256.
[13] Sitorus O. Kondisi Aktual Penguasaan Tanah Ulayat di Maluku: Telaah Terhadap Gagasan Pendaftaran Tanahnya. Bhumi: Jurnal Agraria Dan Pertanahan 2019;5:222–9. https://doi.org/10.31292/jb.v5i2.373.
: 11613 times
Download : 24679 times
| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Penyelesaian Sengketa Tanah Dati (Studi Kasus Putusan MA Nomor 2025 K/Pdt/1983) |
| 2. | Creator | Author's name, affiliation, country | Priescillia Mariana Palapessy; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Jenny Kristiana Matuankotta; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Adonia Ivone Laturette; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Customary Land; Dati; Dispute Resolution |
| 4. | Description | Abstract | Introductioan: Dati land can be lost if there are no more descendants as heirs. Dati disappears then the State Government can give it to other children of the country to own, but in its giving there are often disputes, so that parties who feel they have the right propose a settlement through court channels.Purposes of the Research: To study and explain the factors in the occurrence of Dati land disputes and settlement of Dati land disputes based on the Supreme Court Decision No.2025 K/Pdt/1983.Methods of the Research: This study uses normative legal research methods with the source of legal materials used in the study are primary, secondary and tertiary. Data collection carried out in the study is library research, namely analyzing library materials related to research.Results of the Research: Based on the results of the study, there were various factors that influenced the occurrence of dati land disputes, but what happened between the Plaintiff and the Defendant was that mutual claims on dati land disappeared from the Head of Dati Estefanus Wattimena. Based on the evidence presented in the trial, the judge decided that Batubulan and Telagaraja dati belonged to the Defendant which was given by the State Government to the Defendant’s grandfather in 1923 as a form of remuneration for the development of the Urimessing State, and that the Defendant in good faith had cultivated the land for decades, so that with that the Plaintiff was unable to weaken the evidence from the Defendant. |
| 5. | Publisher | Organizing agency, location | Faculty of Law, Universitas Pattimura |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2021-03-29 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/sanisa/article/view/511 |
| 10. | Identifier | Digital Object Identifier | 10.47268/sanisa.v1i1.511 |
| 11. | Source | Title; vol., no. (year) | SANISA: Jurnal Kreativitas Mahasiswa Hukum; Vol 1, No 1 (2021): Volume 1, Nomor 1, April 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.
Licence: SANISA: Jurnal Kreativitas Mahasiswa Hukum 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.
|
Copyright (c) 2021 Priescillia Mariana Palapessy, Jenny Kristiana Matuankotta, Adonia Ivone Laturette
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
