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Penerapan Adat Waja (Denda) dalam Praktik Perkawinan Masyarakat Langa Kecamatan Bajawa, Kabupaten Ngada Falentina Tekhu Soa; Yossie Maria Y. Jacob; Petornius Damat
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 4 (2024): Desember: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i4.332

Abstract

For the Langa indigenous people, Waja is a process of recovery for mistakes because someone has violated a prohibition or certain customary law norms that apply in the Langa indigenous people. There are several marriage problems that occur in the Langa community that are not resolved with waja. The practice of waja serves to break the bond of engagement or marriage that has occurred between a man and a woman, the purpose is as a deterrent effect and also as a means of value education for the community so that marriages that violate customary norms can be eliminated or no longer repeated. This research is an empirical research, so the data source used is the primary data source, the primary data is obtained from the results of interviews. The data were analyzed in a descriptive-qualitative manner. The results of this study show that: (1) The function of waja customs in the marriage legal system of the Langa indigenous people is for the enforcement of customary norms and rules, the restoration of good name, efforts to break the bond of engagement or marriage between men and women and to realize justice and balance in community life, including in terms of marriage. (2) The process of applying waja customs in the practice of marriage of the Langa indigenous people is carried out in accordance with the marriage violations that have been carried out by both parties. The types of violations of waja customs are infidelity, relationships that are not approved by parents and abusive behavior of husbands towards wives.
Kedudukan Anak Perempuan dalam Pembagian Harta Warisan Berdasarkan Hukum Waris Adat Timor Amanuban di Desa Fatuulan Kecamatan Ki’e Kabupaten Timor Tengah Selatan Donna Yosepha Hektane Natonis; Orpa J. Nubatonis; Yossie M.Y. Jacob
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): Juni : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i2.1846

Abstract

The purpose of this research is to analyze the position of daughters in the division of inheritance based on the customary inheritance law of Timor Amanuban in Fatuulan Village, Ki'e Subdistrict, South Central Timor District. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research is based on the relevance of the source data, namely primary and secondary data. The results of this study suggest that the position of girls in the indigenous people of Timor Amanuban in Fatuulan Village who still apply the patrilineal system, who are entitled to get and receive inheritance rights are only sons, both biological children and adopted children from the father's side (semarga) who are legally valid. However, daughters are still considered and taken into account even though they are not visible as a form of respect and affection from people towards their children. The consideration of Timorese customary inheritance law Amanuban towards the position of girls who still adhere to the patrilineal system with no equality between girls and boys and indirectly shows an imbalance of rights. With the consideration of Timorese customary inheritance law, that girls are also taken into account to get their rights even though they are not the same and do not appear to be like boys giving their inheritance. This is because the gift is only seen as an appreciation and a sign of affection for the child.
Analisis Yuridis terhadap Perjanjian Utang Piutang Antara Para Pihak untuk Kepentingan Pilkada: Studi Putusan Pengadilan Negeri Kalabahi Nomor : 21/Pdt.G /2017 /PN.Klb Ditinjau dari KUHPerdata Alif Marwan Fahim Nampira; Yossie M. Y. Jacob; Husni Kusuma Dinata
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 3 No. 1 (2025): Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v3i1.1660

Abstract

The purpose of this research is to find out To find out how the debt and credit agreement between the parties for the benefit of the election (Study of the Kalabahi District Court Decision Number 21/Pdt.G /2017 /PN.Klb) Reviewed from Kuhperdata and what are the legal consequences of the debt and credit agreement (Study of the Kalabahi District Court Decision Number 21/Pdt.G /2017 /PN.Klb) Reviewed from Kuhperdata. Benefits Provides a contribution to develop insights in legal science on the settlement of defaults in oral debt and credit agreements in the Kalabahi District Court Decision Number 21/Pdt.G /2017 /PN.Klb). This research is a type of Normative research. The results of this study show: (1) the debt and credit agreement between the parties for the benefit of the election (Study of the Decision of the Kalabahi District Court Number 21/Pdt.G /2017 /PN.Klb) Reviewed from Kuhperdata is that it does not have a legal relationship that occurs by the two parties because there is no agreement as contained in article 1320 of the Civil Code so that it does not provide a legal relationship by the two parties which makes the agreement invalid. (2) the legal consequences of the debt agreement (Study of the Decision of the Kalabahi District Court Number 21/Pdt.G /2017 /PN.Klb) Reviewed from Kuhperdata, namely the legal consequences received by the parties are that the agreement can be canceled because it does not comply with the applicable provisions, namely in article 1320 of the Civil Code. Although article 1338 of the Civil Code binds the parties and applies as law to them, the basis for the validity of article 1338 is seen from article 1320 of the Civil Code to determine whether the agreement is valid or not, so it is clear that the two parties have no legal relationship and the agreement can be canceled.
Penerapan Adat Waja (Denda) dalam Praktik Perkawinan Masyarakat Langa Kecamatan Bajawa, Kabupaten Ngada Falentina Tekhu Soa; Yossie Maria Y. Jacob; Orpa J. Nubatonis
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i4.338

Abstract

For the Langa indigenous people, Waja is a process of recovery for mistakes because someone has violated a prohibition or certain customary law norms that apply in the Langa indigenous people. There are several marriage problems that occur in the Langa community that are not resolved with waja. The practice of waja serves to break the bond of engagement or marriage that has occurred between a man and a woman, the purpose is as a deterrent effect and also as a means of value education for the community so that marriages that violate customary norms can be eliminated or no longer repeated. This research is an empirical research, so the data source used is the primary data source, the primary data is obtained from the results of interviews. The data were analyzed in a descriptive-qualitative manner. The results of this study show that: (1) The function of waja customs in the marriage legal system of the Langa indigenous people is for the enforcement of customary norms and rules, the restoration of good name, efforts to break the bond of engagement or marriage between men and women and to realize justice and balance in community life, including in terms of marriage. (2) The process of applying waja customs in the practice of marriage of the Langa indigenous people is carried out in accordance with the marriage violations that have been carried out by both parties. The types of violations of waja customs are infidelity, relationships that are not approved by parents and abusive behavior of husbands towards wives.
Analisis Perjanjian Dalam Transaksi Jual Beli Online Melalui Siaran Langsung di Facebook di Kota Kupang Marchela Sarianti Tungga; Yossie M. Y. Jacob; Husni Kusuma Dinata
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Oktober : Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v1i4.224

Abstract

Transactions are legal acts using computers, computer networks, and/or other electronic media. One of the online shopping trends in Indonesia now is shopping using a live broadcast system via the social media Facebook. The system is where the seller displays the goods being sold and states the condition, the type of material, and the price determined by the seller. And if there are interested buyers, there will be a sale and purchase agreement between them. The formulation of the problem in this research is (1) How to implement agreements in online buying and selling transactions via live broadcasts on Facebook. (2) What are the obstacles to implementing the agreement in protecting the rights and obligations of buyers and sellers in online buying and selling transactions via live broadcasts on Facebook?This research is empirical juridical research, with data obtained by interviewing 16 respondents and supported by primary and secondary data, quantitative analysis, and description. The results of this research show that: (1) Implementation of responsibilities for the parties in the sale and purchase agreement at Vmshop-Kupang. Where the implementation of responsibilities has been well regulated in the mutual agreement in the agreement made, but the implementation is still less effective and things are still found that are detrimental to online buyers. (2) The inhibiting factor in implementing the sale and purchase agreement on the Vmshop-Kupang Facebook account is the lack of awareness on both sides regarding the importance of the agreement as a value that protects both parties, namely online buyers and online sellers if a dispute occurs in the future and other factors, namely The time to make a letter of agreement takes a very long time and is complicated so that both parties carry out the agreement with a system of trust without thinking about what will happen in the future.Online buyers must pay proper attention to the procedures for carrying out online buying and selling transactions and the rules that exist in buying and selling transactions as well as the importance of written agreements.
Perlindungan Hukum bagi Konsumen terhadap Peredaran Obat Sirup Anak yang Menyebabkan Terjadinya Gagal Ginjal Akut: Studi Kasus pada BPOM Kota Kupang Carla Nggeolima; Siti Ramlah Usman; Yossie M.Y. Jacob
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.214

Abstract

This study aims to find out and analyze the legal protection for consumers against the circulation of children's syrup drugs that cause acute kidney failure in BPOM Kupang City. This study is an empirical legal research that is analyzed in a qualitative descriptive manner using primary data and secondary data obtained from interviews and literature studies. The results of this study show (1) legal protection for consumers over the circulation of children's syrup drugs, which causes acute kidney failure which is known that consumer protection in Indonesia currently according to researchers is still not running well. (2) the responsibility of the Food and Drug Supervisory Agency in providing protection for children's syrup drugs that cause acute kidney failure which is known to indicate that BPOM's task of supervising drugs is not effective because there are still many cases of dangerous circulation of children's syrup drugs.
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.
Tanggung Jawab Orang Tua Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Anak Di Bawah Umur Menurut Hukum Perdata Tiara Gracela Nunuhitu; Yossie M Y Jacob; Chatryen M Dju Bire
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.21059

Abstract

Based on Article 1367 of the Civil Code, parents are responsible for the actions of minors, unless they can prove that they have provided sufficient supervision to prevent such actions. This principle is based on the concept of vicarious liability, which shifts legal responsibility from children to parents or those responsible for the care and development of children. The problems discussed in this journal are: (1) How is the responsibility of parents for unlawful acts committed by minors according to civil law? and (2) How are the settlement efforts applied when minors commit unlawful acts? The research used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that in cases of unlawful acts committed by minors, parents can be held civilly liable in the form of compensation to the victim. However, in practice, dispute resolution mechanisms are more often carried out through non-litigation approaches such as deliberation and mediation in order to avoid negative impacts on the child's psychological development. The study also found that although Indonesian civil law regulates parental responsibility, there are still challenges in proving adequate supervision and in ensuring a balance between protecting the rights of victims and the best interests of the child.
Co-Authors Abigail Amelia Therik Agustinus Hedewata Alif Marwan Fahim Nampira Ana Maria Marero Meka Andra Almasari Hubi Andreas Anandri Bagus Angkak Aprilia Sri Muthmainnah Aprilia Yosinta Trinata Tabelak Ariance Renda Aurelia Natalia Wisung Aurelia Natalia Wisung Bati, Adit Rulyandi Riwu Benyamin Tungga Bill Nope Bire, Chatryen M. Dju Carla Nggeolima Chatryen M Dju Bire Chatryen M. Dju Bire Cindy Sara Nauolim Darius Mauritsius Daud Dima Tallo Daud Yaferson Dollu Dewi Rahayu S. Gah Donna Yosepha Hektane Natonis Efanrianus Andri Exshel Benyamin Pou Falentina Tekhu Soa Hedewata, Agustinus Helsina F Pello Helsina F. Pello Helsina F. Pello Helsina Fransiska Pello Helsina Fransiska Pello Hendrikus Krisanto Mario Djawa Tay Husni Kusuma Dinata Jenny Ermalinda Juliani Lavenia Bistolen Labason, Emanuel Robin Maksimiliani Maria Saputri Marchela Sarianti Tungga Maria Theresia Kim Melaty Belantika Ataupah Mohamad Farhan Subang Nubatonis, Orpa Juliana Orpa J. Nubatonis Orpa J. Nubatonis Orpa J. Nubatonis Orpa J. Nubatonis Orpa Julian A. Nubatonis Orpa Juliana Nubatonis Orpa Juliana Nubatonis Orpa Juliana Nubatonis Peku Wali, Umbu Lily Petornius Damat Ratu Dara, Romana Rizky Alexander Poy Sebastianus Nong Mario Zakaria Siti Ramlah Usman Siti Ramlah Usman Siti Ramlah Usman Siti Ramlah Usman Siti Ramlah Usman Siti Ramlah Usman Stefanus Asa Emuel Buraen Stefanus Mau Sukardan Aloysius Sukardan Aloysius Sukardan Aloysius Sukardan Aloysius Susan Marokana Naomi Kapitan Susi Ratnawati Tiara Gracela Nunuhitu Tungga, Ishak Alfred Yoseph Imanuel Hawula Yuyun Windasari Ratuloli Zenobius Dhegha Dhae