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Perlindungan Konsumen terhadap Klausula Eksonerasi Perjanjian Baku Pengiriman Barang pada JNT di Kota Kupang Stevania Caroline Prata; Darius Mauritsius; Helsina F. Pello
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.v4i1.5066

Abstract

The standard agreement for the delivery of goods whose contents or clauses are made by business actors to avoid losses on another day and consumers only have the choice to accept or reject, thus making the position of business actors stronger while consumers are weakened. The UUPK itself does not prohibit the existence of an exoneration clause as long as it does not violate article 18 of the UUPK. The type of research is field research or Empirical Juridical research is carried out by starting from primary data obtained from the research site, the data collection technique is through literature studies and analyzed in a qualitative way, which is a discussion that is carried out by combining literature research and field research. The results of the research obtained in the study show that consumers have been protected by Law No. 8 of 1999 concerning Consumer Protection, If a dispute occurs and a family settlement has been carried out but there is no result or no peace occurs, then consumers can take legal action as stipulated in articles 24 and 25 of the UUPK regarding how the responsibility of business actors, in the resolution of consumer disputes is protected by article 45 of the UUPK concerning dispute resolution. Dispute resolution can be done through the court and out of court, out-of-court dispute resolution can be done by filing a claim for compensation or through the consumer dispute resolution agency (BPSK). As a legal consequence that occurs if there is a clause in the standard agreement that is null and void, even though the standard agreement containing an exoneration clause has been agreed before, the agreement cannot be considered valid because it contradicts one of the contents of article 1320, which is a halal cause, due to the transfer of responsibility.
Implementation of City Minimum Wage Payments for Household Assistants in Kuanino Village, Kota Raja District, Kupang City Nono, Carolin P.; Agustinus Hedewata; Darius Mauritsius
Indonesian Journal of Contemporary Multidisciplinary Research Vol. 3 No. 3 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/modern.v3i3.8886

Abstract

One of the rights as a worker is getting a wage based on the City Minimum Wage standard which is not available to household assistants. This research aims to determine the implementation of the payment of the city minimum wage and the factors that influence the non-payment of the city minimum wage for household assistants in Kuanino Village, Kota Raja District, Kupang City. This research uses empirical legal methods. The results of the research show that the implementation of the payment of the city minimum wage has not been implemented for household assistants because its determination and implementation cannot yet be aimed at household assistants and the factors that influence its non-implementation consist of internal factors in the form of economic conditions/paying ability of the employer, the amount of work done by workers, lack of family finances from job seekers, self-competence of workers, bargaining power of workers and age of workers and external factors in the form of government regulations, lack of data collection and lack of supervision/monitoring
Development of the Implementation of Inheritance Division from the Patrilineal Kinship System to the Parental Kinship System in Customary Law in Maubesi Village, Rote Tengah District, Rote Ndao Regency Toumeluk, Dean Monica; Agustinus Hedewata; Darius Mauritsius
Indonesian Journal of Contemporary Multidisciplinary Research Vol. 3 No. 3 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/modern.v3i3.9055

Abstract

This writing aims to examine the inheritance law system in Indonesia based on its regional nature which is closely related to the scope of human life. This writing uses a qualitative approach method with data collection measuring tools using observation and structured interviews. The sampling technique used in this writing is a saturated sample. The data source used is primary data from interviews with 17 informants who are Traditional Elders, Prospective Heirs and Heirs in one of the villages in Rote Ndao district. The results of the research concluded that the application of customary inheritance law in the patrilineal kinship system in Rote Ndao Regency has changed due to economic development. Obstacles to inheritance division disputes have experienced a change in the method of resolution, from a negotiation system to a deliberation/consensus system to reconcile the disputing parties implemented by the Village Traditional Institution and the Village Government
Pelaksanaan PTSL Serta Faktor Penghambat Berdasarkan Permen Agraria/Kepala BPN No 6 Tahun 2018 Tentang PTSL di Kota Bajawa Kabupaten Ngada Nusa Tenggara Timur Oktavianus Carlos Awa Pea; Agustinus Hedewata; Darius Mauritsius
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 4 (2023): November : 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.v1i4.710

Abstract

The purpose of this research is to analyze the implementation of Complete Systematic Land Registration (PTSL) and the inhibiting factors based on the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning (PTSL) in Bajawa City. This research is an empirical legal research conducted at the Ngada Regency Land Office. Data collection techniques using interview techniques and literature / document studies. The data used are primary data, secondary data and tertiary data. This research was conducted in Bajawa City, Ngada Regency, East Nusa Tenggara. The results of data management were analyzed descriptively using qualitative methods. Based on the results of the research and discussion, it can be seen that the Implementation of the Complete Systematic Land Registration (PTSL) Programme in Bajawa City, Ngada Regency, has been running well in the two Villages/Kelurahan Lebijaga and Desa/Kelurahan Bajawa both seen from the achievement of the 2022 programme target. The inhibiting factor in the Ngada Regency Land Office is that work performance is still not optimal due to the lack of apparatus. Facilities and infrastructure are also still lacking, especially for two-wheeled vehicles and four-wheeled vehicles as well as office equipment such as computers and laptops.
IMPLEMENTASI PERATURAN MENTERI ATR/KEPALA BPN NOMOR 14 TAHUN 2024 TENTANG PENYELENGGARAAN ADMINISTRASI PERTANAHAN DAN PENDAFTARAN TANAH HAK ULAYAT MASYARAKAT HUKUM ADAT DI DESA WERE IV KECAMATAN GOLEWA KABUPATEN NGADA Paula Agustin Rani; Darius Mauritsius; Husni Kusuma Dinata
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 01 (2026): Volume 12 No. 01, Maret 2026 Release
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i01.12230

Abstract

This research stems from the lack of legal certainty regarding customary land held by indigenous communities, which can trigger land conflicts. The Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation Number 14 of 2024 provides a new legal basis for the implementation of land administration and customary land registration. This study utilizes the theory of policy implementation and the concept of customary rights in customary law as the basis for literature analysis. The applied method is empirical legal research with a descriptive approach. Information was collected through structured interviews, observations, and document analysis with informants from the Ngada Regency Land Office, village governments, and indigenous communities. The study results indicate that the regulation has been implemented through inventory and identification, measurement and mapping, and customary land registration. The active involvement of indigenous communities is a key supporting element. However, challenges exist, such as limited community understanding, limited human resources, and administrative issues. The implementation of this policy has had a positive impact in increasing legal certainty and preventing customary land conflicts. In conclusion, the implementation of Minister of ATR/BPN Regulation Number 14 of 2024 has been quite good, but still needs to be optimized through increased outreach and collaboration between the parties involved.
Penyelesaian Sengketa Tanah Antar Warga oleh Pemerintah Desa di Desa Tainsala Kecamatan Insana Tengah Kabupaten Timor Tengah Utara Irene Lion Sanak Email; Sukardan Aloysiu; Darius Mauritsius
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.1710

Abstract

The objectives of this study are (1) To find out the factors that cause land disputes between residents in Tainsala Village (2) To find out the role of the Tainsala Village government in resolving land disputes between residents in Tainsala Village. The research method uses empirical research, namely data obtained directly from the field. This research uses empirical legal research, using a qualitative approach method, namely an approach based on the type of data and data analysis. The data used includes primary, secondary data, data collected through interviews, and non-participant observation. Also, using qualitative descriptive analysis, where the data is presented by describing the results of research on efforts to resolve land disputes between residents by the village government. The results showed: (1) Factors that cause land disputes between residents in Tainsala Village, due to unclear land ownership status, the influence of customary settlements (belis), the increasing needs of life and the high price of land and conflicts between sellers and buyers of land. (2) The role of the village government in resolving land disputes between residents in Tainsala Village, settlement by mediation, namely the village head as an arbiter in resolving disputes between two parties and settlement in a family manner, namely settlement carried out by peaceful means involving family elements from the parties to the case. The suggestions are: (1) The village government must provide direction to the community to clarify the land certificate. (2) The village government must make a statement letter if the settlement of land disputes is carried out in a family manner.