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Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Kain Tenun di Kabupaten Nagekeo Ditinjau dari Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis Zenobius Dhegha Dhae; Sukardan Aloysius; Yossie Maria Y. Jacob
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3907

Abstract

The purpose of this research is to analyze the legal protection of intellectual property rights of woven fabrics in Nagekeo Regency in terms of Law Number 20 of 2016 concerning trademarks and geographical indications. This type of research is Empirical Legal research, the type of data used in this research is qualitative descriptive data. The data used in the study based on the relevance of the source data, namely primary and secondary data. The results of this study suggest that: (1) The legal protection of the Weaving Craftsmen Group through the Nagekeo Weaving Geographical Indication Protection Society is that the community must immediately register the Nagekeo Ikat Weaving to the Ministry of Law and Human Rights to obtain legal protection, the protection of the Nagekeo Ikat Weaving uses law number 20 of 2016 concerning Trademarks and Geographical Indications. (2) the obstacles are low human resources, the complexity of the registration process, the lack of registration facilities that make the level of awareness of the importance of legal protection of woven fabrics will decrease. The people of Nagekeo Regency expect that this regional superior product of Tenun Ikat Nagekeo will receive legal protection from unauthorized use or counterfeiting of Tenun Ikat Nagekeo in the form of Geographical Indications.
Tanggung Jawab Pengguna dan Pemilik Kendaraan dalam Sewa-Menyewa Kendaraan Mobil B354 Rent Car di Kecamatan Kelapa Lima Kota Kupang Susan Marokana Naomi Kapitan; Orpa Julian A. Nubatonis; Yossie Maria Y. Jacob
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 2 (2025): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3913

Abstract

This study aims to analyze the responsibilities of users and vehicle owners in the lease of B354 Rent Car vehicles in Kelapa Lima District, Kupang City. This type of research is empirical juridical research, primary data obtained by interview with 8 respondents and supported by secondary data, qualitative descriptive data analysis. The results of this study indicate that in its implementation the responsibilities that occur at B354 Rent Car are still not in accordance with what the rights and obligations of each party are contained in a mutual agreement in an agreement made orally or in writing, there is still negligence from the renter which results in non-achievement of achievements in the agreement that has been made together. Factors inhibiting the implementation of the rental agreement from the rental party do not carry out the agreement in writing with all parties who rent properly because the procedure for implementing the agreement is too complicated and takes a long time and the ignorance of the tenants with the agreement and the importance of the agreement is made and the weakness of the existing rules. Tenants and business actors must be educated about rental procedures, especially car leases and there must be special attention from the government to business actors and the public regarding the rules and procedures for implementing agreements in leases and the importance of written agreements.
Pelaksanaan Perjanjian di Bawah Tangan Antara Datasemen Kesehatan Wilayah Kupang dengan CV. Citra Dewi Rahayu S. Gah; Yossie M.Y. Jacob; Helsina F. Pello
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.272

Abstract

In the employment agreement held by CV. Citra with the Kupang Regional Health Detachment is a type of private agreement. Thus, as long as the parties carry out a legal act to make a private agreement, the agreement has binding legal force like a law for the parties who make it. CV. Citra and the Kupang Regional Health Detachment have a work cooperation agreement. In the Agreement, CV. Citra has an obligation to fulfill health services at the Kupang Regional Health Detachment in the form of providing pharmacy facilities through a recommendation application for renting State Property (BMN) in the form of land/land to be utilized. This study aims to determine and analyze the strength and legal impacts that occur in the employment agreement between CV Citra and the Kupang Regional Health Detachment. This study is an empirical legal research, where the research is called qualitative research, namely research that produces descriptive-analytical data. The results of the study indicate that the binding power of an underhand agreement between CV. Citra with the Kupang Regional Health Detachment based on the discussion above already has a binding force between the two parties who entered into a cooperation agreement with Number: PKS / 01 / IX / 2008, dated September 11, 2008 which has been registered / Warmeking legalized by Notary Silvester Joseph Mambaifeto, S.H, under Number; 206 / 2018, dated September 11, 2008. The legal impact if one party defaults on an agreement in this case the case between CV. Citra Kartika and the Kupang Regional Health Detachment based on the discussion above after holding various meetings to find a consensus but not finding a consensus, CV. Citra Kartika demands material and immaterial compensation from the Kupang Regional Health Detachment in the amount of Rp. 10,354,700,000,000.
Transaksi Online dan Pembayaran Cash On Delivery (COD) Ditinjau dari Kitab Undang Undang Hukum Perdata Ana Maria Marero Meka; Yossie M.Y. Jacob; Helsina Fransiska Pello
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i1.2110

Abstract

The development of information technology has driven changes in society’s transaction patterns, one of which is online transactions. Although electronic payment systems are increasingly common, the Cash on Delivery (COD) method remains popular due to its perceived safety and practicality. However, this method also raises legal issues, particularly concerning consumer protection and dispute resolution. This study aims to examine online transactions and COD payments based on the Indonesian Civil Code (KUH Perdata), as well as to analyze the dispute resolution procedures that may arise. The research method used is normative legal research with a statutory and conceptual approach. The results show that COD transactions constitute valid agreements if they meet the conditions outlined in Article 1320 of the Civil Code. However, in practice, cases of breach of contract and unlawful acts are still frequently found. Dispute resolution may be pursued through court litigation or alternative dispute resolution (ADR). In conclusion, legal protection for consumers in COD transactions needs to be strengthened through clearer and more specific regulations to ensure consumer rights remain protected.
PROSES PELAKSANAAN WURUMANA WAILAKI (ANTAR BELIS) DALAM PERNIKAHAN MASYARAKAT ADAT LIO DESA MAUROLE KECAMATAN MAUROLE KABUPATEN ENDE NUSA TENGGARA TIMUR (DIALEKTIKA ANTARA IDENTITAS DAN REALITAS) Labason, Emanuel Robin; Hedewata, Agustinus; Jacob, Yossie M. Y.
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.15467

Abstract

Indonesia is a rich country with various ethnicities, races, cultures, and customs. In terms of carrying out a marriage, each region in Indonesia has its own procedures. This is caused by the power of custom that has been trusted by the community for generations. This also applies to The Lio tribe, Maurole Village, Maurole Disrict, Ende Regency, East Nusa Tenggara. One of them is giving belis or what is known as wurumana Wailaki, which is a symbol of the validity of marriage, the status and morals of women according to custom. This type of research is empirical research conducted in The Lio Tribe, Maurole Village, Maurole District, Ende Regency, East Nusa Tenggara. This research aims to determine the process of determining and implementing Wurumana Wailaki in the marriage of The Lio tribe communit, Maurole Village is the main requirement in carrying out a traditional marriage with stages that are so long, even months, and require a lot of money. The inhibiting factors in determining and implementing wurumana Wailaki are economic, social factors and the lack of good communication. The impacts of the wurumana Wailaki process include legal, social and economic impacts. Therefore, it is hoped that in carrying out wurumana Wailaki, the actors must carry out good negotiations so that it does not burden either party.
ANALISIS YURIDIS TERHADAP PERJANJIAN KREDIT TANPA AGUNAN SEBAGAI SALAH SATU ALTERNATIF PENDANAAN UMKM (USAHA MIKRO, KECIL DAN MENENGAH) DI INDONESIA Ratu Dara, Romana; Nubatonis, Orpa Juliana; Jacob, Yossie M. Y.
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.18783

Abstract

This study aims to conduct a legal analysis of unsecured loan agreements (KTA) as an alternative financing option for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia. KTA has become one of the most widely used financing instruments by MSMEs because it does not require physical collateral from borrowers. However, despite providing easier access to financing, there are several challenges in its implementation, particularly related to the risk of non-performing loans and the legal protection for both parties. This research employs a normative legal approach by examining banking regulations governing KTA agreements and the responsibilities of banks in their execution. The analysis focuses on provisions in banking laws that regulate transparency, fair interest rates, and dispute resolution mechanisms. In addition, the study highlights the role of banks in conducting thorough credit risk assessments and the importance of educating MSME borrowers on sound financial management. The findings of this study indicate that KTA can be an effective solution for supporting the growth of MSMEs in Indonesia, provided that the agreements are implemented in accordance with applicable regulations. The conclusions emphasize the importance of enhancing compliance with banking regulations and transparency in providing information to borrowers. Improved consumer protection and credit risk management are also critical steps to ensure the sustainability of KTA as a financing instrument for MSMEs.
Kewenangan Berhak dan Kewenangan Bertindak Menurut Hukum Perdata Suatu Kajian Normatif Sebastianus Nong Mario Zakaria; Agustinus Hedewata; Yossie M. Y. Jacob
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1751

Abstract

The aim of this research is to find out the concepts of entitled authority and acting authority in civil law as well as the relevance and implications of regulating entitled authority and acting authority in civil law practice. The type of research used by the author is Normative Law research, the type of data used in this research is qualitative data. The data used in research is based on the relevance of the source data, namely primary and secondary data. The results of this research are that the results of the research show that Rightful Authority is defined as the authority of an individual or a legal entity to carry out a legal act in a community's social life which is considered valid because it constitutes his or her essence as a human being or individual or as a legal entity while the Authority to Act is defined as Special authority. The special authority referred to is authority that only applies to certain people and for certain legal actions, whereas the relevance and implications show that there is no relevance in regulating the authority to have rights and the authority to act in civil law. This is shown by cases that frequently occur. for example, early marriage.
Tinjauan Yuridis Pembangunan Waduk Lambo di Atas Tanah Ulayat di Desa Rendubutowe Kabupaten Nagekeo Caecelia Yasintha Putri Daki; Yossie M. Y. Jacob; Rini Marselin Kaesmetan
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5026

Abstract

This research is a research that aims to find out and analyze the construction of lambo reservoirs on customary land in Rendubutowe Village, Nagekeo Regency. This research is an empirical research using primary and secondary data collected using interview techniques and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that (1) the stages of fulfilling the rights of the community related to the construction of the Lambo Reservoir have been carried out based on the applicable laws and regulations (2) the inhibiting factors in the process of fulfilling the rights of the community are legal and regulatory constraints, social and cultural constraints, economic and administrative constraints.
SOSIALISASI TENTANG PEMBAGIAN WARISAN MENURUT HUKUM ADAT DAN HUKUM PERDATA DI DESA KUAKLALO KECAMATAN TAEBENU Nubatonis, Orpa Juliana; Bire, Chatryen M. Dju; Jacob, Yossie M. Y.; Dinata, Husni Kusuma; Renda, Ariance
Jurnal Abdi Insani Vol 11 No 3 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i3.1722

Abstract

Inherited property is defined as that which is left by the testator to be distributed to his heirs. In Indonesia, the law of inheritance distribution is governed by three legal systems: customary inheritance law, Islamic inheritance law, and inheritance law based on the Civil Code. The community service team identified a lack of understanding about the division of inheritance according to customary law and civil law in Kuaklalo Village. The proposed solution is to provide an explanation of the division of inheritance according to customary law and civil law. The objective of this activity is to offer an explanation to the local community regarding the division of inheritance according to customary law and civil law. The method employed is through the socialization of material delivery and direct question-and-answer discussions with the local community. The stages of activities that will be carried out are as follows: (a) The preparation stage includes: (1) survey, (2) deliberation, (3) preparation of socialization materials. (b) The implementation stage. The local community members who participated in this activity displayed a high level of enthusiasm, as evidenced by the questions and discussions they engaged in with the speakers on topics related to the challenges they face in their daily lives. In addressing the queries raised by the community regarding the distribution of inheritance, the resource person not only provided responses but also facilitated further dialogue with the lecturers who attended the activity. The findings of the dissemination activities conducted by the Community Service Team demonstrate that the knowledge and comprehension of the distribution of inheritance according to both customary law and civil law were enhanced. The Community Service Program offered an opportunity for participants to gain insights and understanding of the distribution of inheritance according to civil law and customary law.
PENYELESAIAN SENGKETA TUMPANG TINDIH SERTIFIKAT HAK ATAS TANAH SECARA NON LITIGASI OLEH KANTOR PERTANAHAN KABUPATEN KUPANG Poy, Rizky Alexander; Usman, Siti Ramlah; Pello, Helsina Fransiska; Jacob, Yossie M. Y.
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.659

Abstract

The land is essentially the most basic need for everyone so that the presence of the State is to ensure that everyone can be legally protected by their land ownership rights. Many legal problems occur in obtaining recognition from the State of the legal status of one's land ownership. The purpose of this research is to analyze the settlement of disputes overlapping land rights certificates in Non litigation by the Land Office of Kupang Regency. This research method is qualitative, this research was conducted at the Land Office of Kupang Regency, East Nusa Tenggara Province. The population of this research is the Head of the Kupang Regency Land Office 1 person, the Head of Section at the Kupang Regency Land Office 3 people and the Community 2 people. The sample of this research uses a saturated sample technique, which will be the sample in this study are all members of the population. The result of this research is the effort to resolve the dispute over the overlapping certificate of land rights of the Land Office of Kupang Regency in mediation efforts between the two parties in accordance with the Operational Standards and Procedures (SOP) that have been established based on the Regulation of the Minister of Agrarian Affairs Number 21 of 2020 concerning Handling and Settlement of Land Cases, namely by Mediation by bringing both parties with the Head of the Land Office as mediator. While the legal consequences when the occurrence of multiple certificates will cause the certificate does not guarantee legal certainty. Because basically the ownership status of one plot of land there is only one ownership status. It can be concluded that the certificate is strong evidence as long as the other party does not prove otherwise.