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Kotan Y Stefanus
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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
PENGATURAN FUNGSI DINAS KEPENDUDUKAN DAN PENCATATAN SIPIL DALAM PELAYANAN ADMINISTRASI KEPENDUDUKAN MENGENAI KEPENGURUSAN KARTU TANDA PENDUDUK DI KABUPATEN BELU Adoe, Jovanka Piterzon; Stefanus, Kotan Y; Lamataro, Cyrilius W. T
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.18449

Abstract

Population administration is a series of activities carried out by the government in organizing and regulating population documents and data through population registration, civil registration, management of Population Administration information and utilization of the results for public services and other sectors. The main points in this problem are (1) How is the regulation of the function of the Population and Civil Registration Service in population administration services in Belu Regency? and (2) What are the inhibiting factors in the implementation of the function of the Population and Civil Registration Service in population administration services in Belu Regency? This study uses a normative legal and empirical legal approach. Primary data were collected through interviews, while secondary data were obtained from laws and regulations, legal literature, and related documents. The results of the study found that: (1) The arrangement of the functions of the Disdukcapil of Belu Regency has been carried out in accordance with applicable regulations, but there are several inhibiting factors that affect the effectiveness of its services. (2) These factors include the lack of public awareness of the importance of population documents, limited facilities and infrastructure, and the lack of trained human resources.
PENGATURAN PENGELOLAAN PASAR DAN FAKTOR PENGHAMBATNYA (STUDI TERHADAP PENGELOLAAN PASAR WUE KECAMATAN WOLOMEZE KABUPATEN NGADA PROVINSI NUSA TENGGARA TIMUR) Kampas, Paskalina Fridolin; Stefanus, Kotan Y; Lamataro, Cyrilius W T
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.v2i2.20974

Abstract

Market management regulations are a series of activities carried out to regulate, manage, and maximize market functions so that they run in an orderly, efficient, and profitable manner for all parties involved, such as traders, buyers, and the government. Market management regulations cover various aspects, including regulations, policies, and operational governance. The main problems of this study are (1) How is the management of Wue Market, Wolomeze District, Ngada Regency? (2) What are the inhibiting factors in the management of Wue Market, Wolomeze District, Ngada Regency? The type of research used is normative-empirical (applied) research. This research was conducted in Wue Village. The types of data used are secondary data and primary data. The data collection techniques used are literature studies and interviews. The results of this study indicate that (1) The management of the Wue Village market is the responsibility of the Village-Owned Enterprise (BUMDes). Although there are no specific regulations governing the management of the market, an agreement has been reached between the Regional Government (Pemda) and the Village regarding the use of land using the borrow-use method. (2) The inhibiting factors in market management in Wue Village are human resource factors, lack of facilities and infrastructure, limited budget for market management, lack of government support and public legal awareness.
KEWENANGAN KOMISI PEMILIHAN UMUM DALAM MENUNJANG HAK MEMILIH BAGI PENYANDANG DISABILITAS TERHADAP PEMILIHAN BUPATI KABUPATEN ALOR Koda, Taufik Sulaiman; Stefanus, Kotan Y; Ratu Udju, Hernimus
Petitum Law Journal Vol 3 No 1 (2025): Petitum Law Journal Volume 3, Nomor 1, November 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i1.21540

Abstract

This study examines the authority of the General Election Commission in supporting the voting rights of voters with disabilities during the 2018 Alor Regency Election. The General Election Commission effectively fulfilled its role through close coordination with ad hoc bodies and other stakeholders, focusing on improving accessibility at polling stations and conducting inclusive outreach programs. However, the Alor Regency General Election Commission faced various challenges in enhancing accessibility for voters with disabilities, including voter data changes, geographical conditions, and family attitudes toward individuals with disabilities. Additionally, internal challenges included a lack of understanding among Polling Station Working Group officers and limited resources. Despite these obstacles, the participation of voters with disabilities in the election was relatively satisfactory. These findings highlight the importance of continuous evaluation, capacity-building at the local level, and stronger support to ensure more inclusive elections in the future.
DAERAH KEPULAUAN SEBAGAI SATUAN PEMERINTAHAN DAERAH YANG BERSIFAT KHUSUS Stefanus, Kotan Y
Jurnal Dinamika Hukum Vol 11, No 1 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.1.80

Abstract

Some regions (local government) geograpically lie in islands area which get unjustice treatment compared with other regions. The problem is because of the service to public is broad and heavy in some islands, but do not get particular treatment from central government Search for and investigation about the  law  basis about archipelago area expresses that one of the principles of regional government undertaking according to the basic constitution of 1945 is that giving space to advance particular regions and specifically (including to as regions in islands). However, such principle has not been implicated broadly and clearly in the rule Law Number 32 years 2004.  Key words:        archipelago area, local government, particular regions, Legitimacy.
Co-Authors Adoe, Jovanka Piterzon Baari, Harianto Lele Baunsele, Gerson Alexander I Bekak, Ruben Yulisto Thertius Harahap, Piter Leo Kalang, Thomas Boli Kampas, Paskalina Fridolin Koda, Taufik Sulaiman Kolin, Philipus Pandai Lahal, Josvia Ekomardih Lamantaro, Cyrilus W. T Lamataro, Cyrilius W T Lamataro, Cyrilius W. T Lapenangga, Loudric J. P. Meyners, David Y Nono, Maria Melaniyano Ngadha Ratu Udju, Hernimus Septiandhito, Teodorus Teddy, Yosef Tokan, Addolph Kolping Tuba Helan, Yohanes G Tunu, Jefrian R Tupen, Rafael R Tupen, Rafael Rape Udak, Petrus Antonius Lela Wuran, Perseverando Elkelvin