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PEMERINTAH DESA DAN PENGELOLAAN DANA DESA UNTUK MENCIPTAKAN KESEJAHTERAAN MASYARAKAT DESA LAWAHING, KECAMATAN KABOLA, KABUPATEN ALOR Lapenangga, Loudric J. P.; Stefanus, Kotan Y; Lamantaro, Cyrilus W. T
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.v1i1.13337

Village is a legal community unit that has territorial boundaries that are authorized to regulate and manage government affairs, the existence of the Village juridically in Law Number 6 of 2014 concerning Villages explained that the Village is the smallest part of the government administration system. Village funds are a follow-up to the government's program to build Indonesia from the periphery by strengthening regions and villages within the framework of a unitary state that aims to improve welfare and equitable development through improving public services, advancing the economy, overcoming development gaps between villages and strengthening communities as subjects of development. From the description above, the author is interested in conducting research using criminological theories, with the following problem formulation: 1) What is the function of the village government in managing village funds? 2) What is the impact of village fund management on the welfare of the people of Lawahing Kabola Village, Alor Regency? Research Methods is empirical juridical research. Research results The results showed that: Management Village funds carried out by Lawahing Village are good enough with various activities including for the welfare of the village community but want the Lawahing Village community apparatus to be more active in planning, implementing and evaluating village community empowerment work programs in order to improve the welfare of the village community and for Lawahing Village officials to be more active in planning, implementing and evaluating village community empowerment work programs in order to improve the welfare of the village community.

KEWENANGAN BADAN KEHORMATAN DEWAN PERWAKILAN RAKYAT DAERAH DALAM MENYELESAIKAN PELANGGARAN KODE ETIK YANG DILAKUKAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH Tunu, Jefrian R; Stefanus, Kotan Y; Lamataro, Cyrilius W. T
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.v1i1.13347

In Law no. 1 of 2015 Article 1 number 3. Members of the DPR are required to avoid inappropriate or improper behavior that could undermine the image and honor of the DPR both inside and outside the DPR building according to the ethics and norms that apply in society. This shows that a member of the DPR must be very careful in his words and actions, not only to maintain the honor and image of the DPR but also to reflect the representation of the people's representatives. a member of the TTS DPRD who violated the code of ethics which damaged the name and dignity of a TTS DPRD member because an individual member of the TTS DPRD committed an unlawful act in the case of an individual from the TTS DPRD with the initials JN committing sexual harassment against a victim. with the initials DLS, this matter was reported to the TTS DPRD Honorary Board for trial. The formulation of the problem in this research is: (1) What is the authority of the Honorary Body of the Regional People's Representative Council in resolving violations of the code of ethics committed by members of the Regional People's Representative Council? (2) How is the authority of the Honorary Council of the Regional People's Representative Council used in resolving violations of the code of ethics committed by members of the TTS Regional People's Representative Council? This research is normative legal research. Normative legal research is research carried out by examining library materials or secondary data. The results of this research show that: (1) The Honorary Board of the Regional People's Representative Council has the authority to prevent and take action against members of the Regional People's Representative Council who violate the code of ethics of the Regional People's Representative Council. (2) The Honorary Body of the Regional People's Representative Council of South Central Timor has not effectively used its authority in resolving violations of the code of ethics because it is shackled to the solidarity of members of the Regional People's Representative Council who have no experience in using the honorary body of the Regional People's Representative Council and are immersed in their respective activities.

PENGATURAN PENGAWASAN SATUAN POLIS PAMONG PRAJA TERHADAP BANGUNAN LIAR DI RUANG MILIK JALAN (RUMIJA) DI KOTA KUPANG Baari, Harianto Lele; Stefanus, Kotan Y; Ratu Udju, Hernimus
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.v1i1.13351

Public order and public peace are dynamic conditions that allow local governments and communities to carry out their activities in a peaceful, orderly, and orderly manner. Therefore, in order to anticipate the development and dynamics of community activities in line with the demands of the era of globalization and regional autonomy, conducive conditions of regional peace and public order are fundamental needs for the community in an effort to improve the quality of their lives. Thus, the emergence of a skewed image of the figure of the Civil Service and Spatial Planning Police Unit is none other than because the community is often treated to repressive actions, but seems arrogant from the regional apparatus when carrying out its role in maintaining and maintaining security and public order. On the basis of the above, the author raises the main problem as follows: 1) What are the Supervision Arrangements of the Civil Service Police Unit on Illegal Buildings in Road-Owned Space (RUMIJA)? 2)What Are the Factors That Hinder the Supervision of the Civil Service Police Unit on Illegal Buildings in Road-Owned Space (RUMIJA)? This research uses normative-empirical juridical research methods, namely research whose data is directly obtained from the research location of respondents (resource persons) and supported by literature research. The results of this study show that the Regulation and Supervision of the Kupang City Civil Service Police Unit in enforcing Kupang City Regional Regulation Number 9 of 2003 concerning Building Arrangement has not been very good in regulating and supervising or arranging buildings in Kupang City so that people are still found building illegal buildings in road-owned spaces (Rumija), this can be seen from the increasing cases of illegal buildings in Kupang City over the past 3 (three) years. So it can be said that the Regulation and Supervision of the Kupang City Civil Service Police Unit and Kupang City Spatial Planning

PENGATURAN PENGELOLAAN BARANG MILIK DAERAH DAN HUBUNGANNYA DENGAN PENGURUSAN KENDARAAN DINAS DI KOTA KUPANG Lahal, Josvia Ekomardih; Stefanus, Kotan Y; Ratu Udju, Hernimus
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.v1i1.13365

The issue of permits for the use of official vehicles is an administrative legal device used by the government to control Civil Servant officials who use official vehicles. The use of official vehicles outside the implementation of official duties can be found clearly during holidays, especially major holidays, even Sundays are often found. in shopping centers, as is often found in Kupang City, but is considered normal without any supervision from the Regional Government. Based on the author's observations, the background of the main problem can be formulated: How are the management of regional property in Kupang City and how are official vehicles managed in Kupang City.To answer this problem, this research was carried out using empirical legal research and the Qualitative Descriptive Analysis Method in accordance with the data obtained while still paying attention to theory, principles and legal rules, so this research is research that originates from primary, secondary and tertiary data using a juridical approach. Empirical Normative. The results of this research show that operational service vehicles are only used for official purposes that support basic tasks and functions, operational service vehicles are limited to use on office work days and operational service vehicles are only used within the city, and use outside the city is excluded with written permission from the head of a government agency or official. assigned according to competency and the provision of official vehicles to officials who receive these official vehicles, namely ASN who have positions from echelon 4, echelon 3 and echelon 2, are given according to their needs and usage when carrying out their work within the scope of Kupang City and there must also be supervision from BPKAD means that the planning expected by management can be fulfilled and run well, because ASNs who like to use official vehicles outside of office hours can be seen from fuel coupons that expire before the specified date and vehicle parts that are damaged before the time, which means there is use. excess of the ASN. The conclusion is the management of regional property in Kupang City, namely: The rules set by the Regional Government of Kupang City regarding the use of official vehicles are clear and there are administrative sanctions, but there are still ASN who still use official vehicles outside office hours.The suggestion is: In its supervision, BPKAD must look regardless of position in following up on violations committed by ASN when using official vehicles outside working hours.

PENGATURAN KUOTA 30% PEREMPUAN DALAM PEMILIHAN LEGISLATIF DAN IMPLEMENTASINYA TAHUN 2014 DAN 2019 DI KABUPATEN NGADA Nono, Maria Melaniyano Ngadha; Stefanus, Kotan Y; 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.v1i1.13445

Setting a 30% quota for women's representation in legislative elections is one of the affirmative action policies implemented in Indonesia. The aim of this policy is to increase women in the political sphere and eliminate discrimination against women. Even though there are regulations that support women's political rights, the quota for women in legislative seats is not fulfilled. Currently, the reality in Ngada Regency is that women's representation in the legislature is still very low. The problems in the thesis are; (1) Does setting a 30% quota for women in general elections support the development of Human Rights? (2) How is the 30% quota for women implemented in the 2014 and 2019 legislative general elections in Ngada Regency? This research is legal research of a juridical nature supported by empirical legal research where the data is obtained directly from the research location while still paying attention to the implementation of positive legal provisions and factual contact with each particular legal event that occurs in society and using qualitative descriptive juridical analysis. Data collection used interview guidelines conducted with 9 sources. The results of this research show that: (1) Setting a 30% quota for women in general elections really supports the development of human rights more specifically for women's political rights. (2) Implementation of the 30% quota arrangement for women's representation in the political realm in Ngada Regency is still limited to nominations, not extending to legislative members in Ngada Regency. This is caused by several things, starting from women themselves, regulations issued by the government, to the views and culture of the people of Ngada district.

PARTISIPASI MASYARAKAT DALAM PROSES PEMBENTUKAN PERATURAN DESA DI KECAMATAN NAGAWUTUNG KABUPATEN LEMBATA Kalang, Thomas Boli; Stefanus, Kotan Y; Ratu Udju, Hernimus
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.v1i1.13498

Paticipation is a person’s involvement or participation mentally, thoughts, emotions or feelings that encourage him to contribute to achieving a common goal. However, in Nagawutung Districh there are still several villages where the people do not realize the importance pf their participation, and choose not to participatein in all activities in the village, especially participation in the process of forming of village regulations. Normative juridical method research is supported by empirical juridical reseach, namely: normative legal researchers whose legal rules are closely related to objects in a society which are then supported by the addition of empirical legal data. The results of the research show that community participation in five villages in Nagawutung district is very high,where at (1) the planning stage, only two villages had a large community, the while the other three villages did not participate, (2) at the discussion stage, it was found that only two villages had sufficient community participation. While the other three villages have quite low participation. In the formation of village regulations, three are several factors that hider the community. The inhibiting factors in these five villages are then divided into: internal factors and external factors. Internal factors include: level per type of work, and external factors are leadership.Based on the research results, it can be concluded that: The level of community participation in the five (5) very different villages in Nagawutung district will then determine different impacts on the resulting village regulation (perdes) products. So there are villages in Nagawutung district whose village regulation are comprehensive and well planned, and there are still vilages which are not yet comprehensive and not well planned, because there are still villages which are aware of the importance of participation even though some other villages are still not aware of participation ini developing their villagea. Through the establishment of village regulations.

URGENSI PERUBAHAN PROVINSI NTT MENJADI DAERAH KHUSUS PROVINSI KEPULAUAN DAN PERBATASAN NEGARA SERTA IMPLIKASI YURIDIS DALAM TATA PEMERINTAHAN DAERAHNYA Septiandhito, Teodorus; Tuba Helan, Yohanes G; Stefanus, Kotan Y
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.v1i1.13757

The Province of East Nusa Tenggara (NTT) as a part of the Unitary State of the Republic of Indonesia has different characteristics from other provinces in Indonesia, geographically NTT is an archipelagic province consisting of a combination of large and small islands separated by sea. Meanwhile, from a national strategic perspective, NTT is a border area with other countries, sea borders with Australia and land borders with the Democratic State of Timor Leste (RDTL), and specifically within the NTT Province area there is the Oecusee Enclave which is part of RDTL. The conditions in NTT, which are very unique and not found in other provinces in Indonesia, have been a factor in the regional government in NTT not being optimal in carrying out government tasks. The effectiveness and efficiency of government, the high costs of government and development are the main obstacles and challenges faced and have made NTT Province one of the disadvantaged and poorest regions in Indonesia. To overcome the various challenges of regional governance in NTT Province, the implementation of asymmetric decentralization in the form of granting special status to NTT Province based on its geographical characteristics as an islands region and its strategic position as a state border is seen as the right solution to develop and direct NTT Province to be more competitive and able to keep pace with other provinces in Indonesia while strengthening Indonesia's outermost regions which are gateways to other countries. This legal research shows that basically the Indonesian constitution and the development of regional governance and national politics make it possible to provide asymmetric decentralization for the NTT Province to become a Special Province of Islands and National Borders. The implementation of asymmetric decentralization will have juridical implications in several areas of regional government in NTT, but ultimately aims to improve the welfare of the people of NTT which is the outermost fence on the southern side of Indonesia.

PENYELESAIAN SENGKETA TAPAL BATAS ANTARA DESA SINAR HADING DAN DESA RIANGKOTEK DI KECAMATAN LEWOLEMA KABUPATEN FLORES TIMUR Kolin, Philipus Pandai; Stefanus, Kotan Y; Meyners, David 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.v1i2.14085

Blureed village boundaries can have a wider negative impact then just the potential for conflict between village because of the strategic and economic potential of a part of the region, such us the impact on social life and government administration and can event havepolitical impact,especially in border village. As happened in Lewolema District, Regency East Flores, there are still two village experiencing conflict regarding their village boundaries each. The method used in research is a descriptive method,namely: legal research that describes or depicts in detail the events or phenomena that occur at the research site. Futhermore, by using a qualitative approach, the aim is to present systematically factual and accurate data regarding the facts in the field that occurred in Lewolema District, East Flores Regency.The result of this research show that: The process of resolving the boundary disput between Sinar Hading village and Riangkotek village in Lewolema District, East Flores Regency has not yet reached a common groud because there is no agreement to resolve this boundary dispute. This can be seen from the prolonged debate between several communities from the two village. The effort taken by the East Flores Regency government to resolve this issue is by mediation. However, this effort has not yet reached a mutual agreement because the Riangkotek Village is still adamant and does not agree to the land. used as a boundary between Sinar Hading Village and Riangkotek Village. Factors inhibiting the resolution of boundary disputes in Lewolema District, East Flores Regency are: Human resources, in this case the lack of public understanding in these two village about the importance of the existence of law in conflict. The second inhibiting factor is the legal culture in Sinar Hading Village and Riangkotek Village, in this case the habits of making their own decisions in their resoective villages.

KONSTITUSIONALITAS PROSES PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA DAN HUBUNGANNYA DENGAN MEKANISME CHECK AND BALANCES Wuran, Perseverando Elkelvin; Stefanus, Kotan Y; Tupen, Rafael R
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.v1i2.15263

Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) regulates the existence of Government Regulations in Lieu of Law. This provision gives the President the authority to enact a of Government Regulations in Lieu of Law in a compelling emergency situation. This research is a normative legal research. Normative legal research is based on the study of legal issues that encompass research on legal principles, legal systematics, levels of vertical and horizontal synchronizations, legal comparisons, and legal history. The results of this research show that: (1) The process of establishing the Job Creation of Government Regulations in Lieu of Law is not in accordance with the regulations contained in Article 22 paragraph (2) of the NRI Constitution, because the discussion of the approval of the Job Creation of Government Regulations in Lieu of Law which was postponed and could not be carried out during the first session after the issuance of the of Government Regulations in Lieu of Law is evidence of a denial of the meaning of the matter of urgency. which gives rise to urgency (2) The presence of the Job Creation of Government Regulations in Lieu of Law as a legal institution which so far has only created dynamics in power relations between the DPR and the President also demands the role and function of the Constitutional Court as part of checks and balances in controlling and maintaining the balance between powers, so that the measure of the President's subjectivity in determining the terms of "urgency" which is coercive" before enacting the of Government Regulations in Lieu of Law, apart from being politically supervised by the DPR, it can also be legally controlled by the MK.

PENERAPAN ASAS NEMO JUDEX IN CAUSA SUA TERHADAP KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM MENGUJI UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PUTUSAN MAHKAMAH KONSTITUSI Udak, Petrus Antonius Lela; Stefanus, Kotan Y; Tupen, Rafael R
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.v1i2.15323

The Constitutional Court, in exercising its authority to review laws against the constitution in several of its decisions, has set aside the principle of nemo judex in causa sua, which applies universally in the legal world, thus causing conflicts of interest, one of which is Decision Number 066/PUU-II/2004. This study falls within the scope of normative legal research or library legal research. The results of this study indicate that (1) in case of conflict between the exercise of authority by the Constitutional Court and conflicting legal principles, the Constitutional Court must refer to the highest legal norms that also grant authority to the Constitutional Court, which serves as the basis for the exercise of its authority. (2) Constitutional Court Decision Number 066/PUU-II/2004 violated the principle of nemo judex in causa sua due to the unclear hierarchical position of the principle in legal science, while the basis for the Constitutional Court's duties is clear, namely referring to Article 24C paragraph (1) of the 1945 Constitution.

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