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Journal : Petitum Law Journal

PENGATURAN HUKUM PENENTUAN UANG AIR SUSU IBU DALAM PERKAWINAN ADAT TERANG KAMPUNG DI DESA OEMASI KECAMATAN NEKAMESE KABUPATEN KUPANG Boy Mau, Deny; Pekuwali, Umbu Lily; Tubahelan, Yohanes G
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13631

Abstract

The existence of variations in determining the dowry in Terang Kampung traditional marriages in Oemasi Village is one of the socio-cultural issues in Oemasi Village, Nekamese District, Kupang Regency. This research aims were to describe the reasons for providing dowry as part of the traditional marriage system, to explore the basic reasons for determining level of dowry, and to explain the implementation of dowry payments in this community. This research applied empirical legal research methods (Empirical Legal Research) with the population were 226 of all the heads of families in Oemasi Village, and 23 of them were selected purposively as sample. The informants in this research were 5 people consisting of the village head, the head of hamlet, village representative body and local traditional elders. Data were analyzed using quantitative and qualitative descriptive methods. The research results indicated that the reason the practice of giving dowry is still implemented in Oemasi Village is because it is part of cultural preservation and respect for parents. The basic principles for determining the price of the dowry are first, the marriage history of the prospective bride's biological mother, the cost of conducting the party as well as the education and employment level of the prospective bride. Furthermore, the traditional marriage system in Oemasi Village consists of 3 stages, namely the first stage is called Lipa Oko or Oko Lipa (Introduction or recognition stages) the second stage is called Puah Manus (Hallf of dowry) and the third stage is called Noni Bijael (Full of dowry). However, not all respondents have completed the three stages of traditional marriage with the main reason is related to economic factors. Therefore, this research recommends that there is a need for deliberation at the village level to find a proper solution regarding the problem of variations in the amount of dowry in Terang Kampung Village Traditional Marriages in Oemasi Village.
KEWENANGAN PEMERINTAH DAERAH KOTA KUPANG MENGGUNAKAN HAK PAKAI DAN HAK PENGELOLAAN ATAS TANAH YANG BERASAL DARI HAK MENGUASAI NEGARA Sodak, Eksam; Pekuwali, Umbu Lily; Yohanes, Saryono
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13684

Abstract

The research findings indicate that the City of Kupang Regional Government has not optimally exercised its authority as the holder of the Right of Use and Management Rights over land acquired from state control. The Right of Use, covering an area of 14,041,022 square meters, controlled by the city government, is only utilized on 634,442 square meters (4.52%) for various purposes related to the City of Kupang government's tasks. Similarly, the Management Rights, covering an area of 4,809,012 square meters, are only utilized on 326,522 square meters (6.79%), either for the government's own use in facilitating governance tasks, development, and community services or in collaboration with third parties. Based on the research findings, it is recommended that the City of Kupang Regional Government, in collaboration with the National Land Agency (BPN) of Kupang, promptly plans the allocation and utilization of the Right of Use over an area of 13,406,580 square meters (95.48%) and the Management Rights over an area of 4,482,490 square meters (93.21%) to benefit the City of Kupang government, the community, and the business sector.
PEMBERIAN GANTI KERUGIAN HAK ATAS TANAH RAKYAT YANG BERKEADILAN (STUDI KASUS PEMBANGUNAN BENDUNGAN TEMEF DI KABUPATEN TIMOR TENGAH SELATAN) Barawasi, Azis; Pekuwali, Umbu Lily; Tuba Helan, Yohanes G
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13753

Abstract

Legal research is a systematic and methodological effort to uncover the truth by analyzing and constructing collected data. The focus of this research is on land acquisition for public purposes, with a foundation in legal concepts as the research method. Soerjono Soekanto and Abdulkadir Muhammad view legal research as a scientific activity that uses specific methods, systematic approaches, and thinking to analyze legal phenomena with the goal of problem-solving. Peter Mahmud Marzuki states that legal research is a scientific process to discover legal rules, principles, and doctrines.The aim of this research process is to find correct legal rules by discovering new values beneficial to society. The research type used is normative juridical, referring to legal norms in relevant regulations concerning land acquisition for public purposes. In order to gather information, this research utilizes four approaches: statutory approach, case approach, comparative approach, and conceptual approach. Through these approaches, the researcher seeks to gain a profound understanding of the construction of land acquisition for public purposes. The expected outcome of the research is to contribute to the understanding of agrarian law, especially regarding Land Acquisition Law, by detailing aspects regulated in Law No. 5 of 1960 and Law No. 2 of 2012. Thus, this research provides a conceptual foundation and in-depth understanding of the legal construction in the context of land acquisition for public purposes