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All Journal Jurnal Abdi Insani Didaktik : Jurnal Ilmiah PGSD STKIP Subang Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Deposisi: Jurnal Publikasi Ilmu Hukum Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Jurnal Hukum Bisnis Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik Artemis Law Journal Petitum Law Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Referendum Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Jurnal Hukum dan Sosial Politik
Husni Kusuma Dinata
Faculty Of Law, Nusa Cendana University
Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Journal : petitum law journal

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ANALISIS FAKTOR PENYEBAB TERHADAP SALAH SATU PIHAK YANG MELAKUKAN KASUS INGKAR JANJI MENIKAH (STUDI KASUS PADA RUMAH PEREMPUAN KUPANG) Simon, Mario Stanic; Usman, Siti Ramlah; Dinata, Husni Kusuma
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.v1i1.13361

Abstract

Marriage is the behavior of creatures created by God Almighty so that life in the natural world can reproduce. Regarding marriage, it is regulated in Articles 26 to 102 of the Civil Code, where the general provisions in the Civil Code are contained in Article 26 of the Civil Code which reads: "The law views marriage only in terms of civil relations." Starting from these provisions, the Civil Code does not consider the importance of religious elements. The research results show: The factors that cause broken promises to marry are because the family does not support or disapprove of their relationship, the perpetrator is just having fun (not seriously dating), and the perpetrator is afraid of starting a family so they choose to run away or are irresponsible , so that the NGO provides this solution. So far, cases of broken promises to marry have been difficult to bring to legal proceedings because there is no legal payment, so the resolution of cases of broken promises to marry is mostly resolved within the family, in this case the victim asks for compensation in the form of a customary fine. The author's conclusions are: The factors that cause one party to break their promise to marry are that the perpetrator is not ready to get married and the relationship between the perpetrator and the victim is not approved by both parents because the perpetrator and victim are still students. The legal consequences for the party who breaks their promise to marry is that the victim's family asks for responsibility in the form of fines, some in the form of money and animals, because so far cases of broken promises to marry handled by the NGO Kupang Women's House are difficult to bring to legal proceedings because there is no legal payout.
LEGALITAS OVER KREDIT (PENGALIHAN UTANG) DAN AKIBAT HUKUM BAGI DEBITUR DALAM PERJANJIAN LEASING KENDARAAN MOBIL (STUDI PADA PT. SINAR MITRA SEPADAN (SMS) FINANCE KOTA KUPANG) Londong, Cornelis; Nubatonis, Orpa J; Dinata, Husni Kusuma
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.v2i1.15753

Abstract

Current economic development is a manifestation of national economic progress so that it is hoped that it can create a just and prosperous society. To achieve national economic development in finance, it is carried out through several economic activities, both for people and leasing companies.This research study discusses the incident of transferring debt under the hands without the knowledge of the leasing agent and being judged as not complying with the contents of the leasing agreement. With this incident, it is necessary for the public to understand the legality of legal over-credit and the legal consequences for the debtor when carrying out a transfer of debt under the hand. This research uses empirical research with qualitative methods. The results of the research show that the legal consequences of transferring debt under the hands of a car from a philosophical perspective are contrary to the theory of contractual agreements, it can have a negative impact by compensating the leasing company for losses in accordance with the Civil Code Article 1243, Article 1266 and Article 1267 for doing so. default (broken promise). Officially, the validity of overcredit (transfer of debt) from a civil law perspective has been regulated in the Civil Code in Article 1233, Article 1234, Article 1313, Article 1320, Article 1338 Paragraph (1), Article 1338 Paragraph (3), and Article 1413. If viewed from a public law angle.
ANALISIS PERLINDUNGAN HUKUM TERHADAP NASABAH PENGGUNA INTERNET BANKING PADA BANK BRI Ratuloli, Samson; Nubatonis, Orpa J; Dinata, Husni Kusuma
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.v2i2.18641

Abstract

This research aims to analyze the legal protection for customers using internet banking services at Bank BRI in Indonesia. This topic is important because, to date, there are no specific regulations that explicitly govern the rights of internet banking users. This research focuses on two main questions: how legal protection is provided to internet banking customers at Bank BRI, and what challenges are encountered in the implementation of such legal protection. The research method used is normative, with a legislative approach to relevant laws and regulations, such as Law No. 10 of 1998 on Banking, Law No. 8 of 1999 on Consumer Protection, as well as regulations from the Financial Services Authority (OJK) and Bank Indonesia, which govern customer data security and digital banking services. The research results show that Bank BRI has implemented preventive legal protection measures, such as security policies, customer education, and security technologies like Secure Socket Layer (SSL). However, significant challenges in providing legal protection to customers include the complexity of regulations related to cybercrime and the lack of law enforcement that adapts to new technological developments, such as artificial intelligence (AI) and blockchain. Cross-border jurisdiction also becomes an obstacle in handling cybercrime cases. Additionally, the lack of customer education on cybersecurity increases the risk of attacks, while cyber threats continue to evolve with increasingly sophisticated methods. This research is expected to contribute to the development of more effective legal protection regulations for internet banking customers.
PROSES GANTI RUGI LAHAN BENDUNGAN TEMEF KABUPATEN TIMOR TENGAH SELATAN DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Manafe, Andry Samuel; Jacob, Yossie M Y; Dinata, Husni Kusuma
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.v2i2.20798

Abstract

The practice of land acquisition for the public interest, especially the construction of the Temef Dam, has caused problems between the government and the community, especially in terms of land acquisition. Starting from compensation for the land that has been acquired and the time of land acquisition or relocation of the community. The implementation of land acquisition for public interest often experiences obstacles and challenges. The application of a fair compensation mechanism in the construction of Temef Dam in South Central Timor Regency is important considering the potential for conflict that can arise between the landowner community and the government. These conflicts can arise due to various factors, such as disagreements over compensation values, late payments, or lack of information provided to the community. Therefore, the principles stated in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, such as transparency, justice, and consensus, must be implemented properly so that the land acquisition process can take place peacefully and meet the interests of all parties. These inhibiting factors illustrate some of the fundamental challenges that often arise in land acquisition projects, especially in the context of the Temef Dam construction. The discrepancy in compensation values ​​is one of the biggest factors that triggers community objections. Local communities often feel that the compensation offered does not reflect the market value or potential economic benefits of their land, especially for land used for agriculture or other productive economic activities.
TINJAUAN YURIDIS PERBUATAN MELAWAN HUKUM TERHADAP OBJEK SENGKETA TANAH PEKARANGAN DI DESA IKAN TUANBESI KABUPATEN MALAKA (STUDI KASUS PUTUSAN NOMOR 35/PDT.G/2023/PN ATB) Tao, Fransiska; Mauritsius, Darius; Dinata, Husni Kusuma
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.v2i2.20829

Abstract

An unlawful act is any action that causes harm to another person, requiring the guilty perpetrator to compensate for the losses incurred. Acts against the law are regulated in Article 1365 of the Civil Code. In the land dispute case based on District Court Decision Number: 35/Pdt.G/2023/PN Atb, considering the lawsuit dated 31 July 2023 which was received and registered at the Registrar's Office of the Atambua District Court on 01 August 2023 where the Defendant committed an act of defiance without having valid evidence, Defendant I to Defendant III acted unlawfully and forcibly seized and controlled part of Maria Tay's land covering an area of ​​approximately 82 km. M2. This research aims to determine the arguments of the parties involved in Decision Number 35/Pdt.G/2023/PN Atb and the judge's considerations in Decision Number 35/Pdt.G/2023/PN Atb. The type of research used is normative research with the research materials used being primary and secondary legal materials. The legal material analysis method is carried out using descriptive and qualitative analysis. The results of this research are (1) The plaintiffs argued that they had rights to the land based on continuous possession, building a house, and paying taxes. On the other hand, the Defendant stated that based on the matrilineal system and customary law, the land belonged to them as a family inheritance, and they rejected the Plaintiff's claim which was deemed to have no clear legal basis. (2) Based on decision Number 35/PDT.G/2023/PN. Atb and the considerations presented by the Panel of Judges, the lawsuit submitted by the Plaintiff was declared inadmissible (Niet Ontvankelijke Verklaard) because there was ambiguity in the lawsuit, both in terms of subject, object and the arguments put forward. This lawsuit contains uncertainties that cause doubts in the evidence, especially regarding land ownership status, land area, and the boundaries of the land in dispute.
ANALISIS PELAKSANAAN PENETAPAN ASAL USUL ANAK SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP ANAK DARI PERKAWINAN SIRI PADA PENGADILAN AGAMA KUPANG Musdalifah, Musdalifah; Ndolu, Juliana Susantje; Dinata, Husni Kusuma
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.v3i1.22117

Abstract

Determination of the origin of children from unregistered relationships at the Kupang Religious Court is an important step to ensure the identity, inheritance, and maintenance rights of children born from unregistered marriages. This study investigated the determination process by interviewing judges, court clerks, and six applicants, and analyzing secondary data. The findings show that the determination hearing process is carried out in two stages: identity verification and proof of unregistered marriage through witnesses, ending with the determination of the child's status as legitimate and biological. All respondents (100%) thought that the process was smooth, transparent, and affordable. However, there were several obstacles, including low public understanding of the determination procedure, lack of official marriage evidence (which requires isbat nikah), and difficulty in presenting valid witnesses due to the time gap since the unregistered marriage took place. Low participation in the socialization of the mobile court also worsened the situation. This study recommends collaboration between the court and the government in providing legal education, simplifying administration, and strengthening legal aid services (posbakum) to increase access. Thus, although the determination process is in accordance with the principles of justice, the protection of children from unregistered relationships still requires a comprehensive approach that focuses on legal literacy and cooperation between institutions.
ANALISIS PENERAPAN SANKSI ADAT TALA PADA PERKAWINAN ADAT DI DESA RANGGI KECAMATAN WAE RI’I KABUPATEN MANGGARAI Jemima, Hildegardis; Mauritsius, Darius; Dinata, Husni Kusuma
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.v3i1.22468

Abstract

This study explores the customary tala sanctions applied in traditional Manggarai marriages in Ranggi Village, Manggarai Regency, using an empirical approach through interviews and literature analysis. Tala is a customary fine imposed for the cancellation of a customary marriage that has not been officially registered (either by the state or religion) or for premarital sexual relations. The purpose of tala is to restore women's dignity (molas kole) and end kinship relations (woe nelu) in an honorable manner (pedeng kole roto). The stages in this process consist of: (1) a visit from the woman to the man's family, (2) customary deliberation (lonto leok) to determine the amount of the fine, and (3) submission of sanctions (leso tala) in the form of money (average Rp. 40 million) or animals. Several factors that cause this include neglect of responsibility (for example: rejection of children), communication problems, violation of customary norms, and unpreparedness to start a family. Although this is contrary to the principle of marriage permanence regulated in Law No. 1/1974, tala remains relevant as a form of restorative justice that maintains social balance, women's dignity, and shared responsibility amidst the tide of modernization.
TINJAUAN YURIDIS PELAKSANAAN PERJANJIAN JUAL BELI TENAGA LISTRIK ANTARA KONSUMEN DENGAN PT. PLN (PERSERO) DI WILAYAH KOTA KUPANG Kuma Namang, Maria Gabriella; Nubatonis, Orpa Juliana; Dinata, Husni Kusuma
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22542

Abstract

This study explores the implementation of electricity sales contracts between PT. PLN (Persero) and customers in Kupang City from a legal perspective, with an emphasis on the types of default and how to resolve conflicts. Using empirical methods including interviews with PLN employees and customers and document analysis (SPJBTL, Electricity Law, Civil Code), the results obtained indicate that the contracts used are standard and unilateral, resulting in an imbalance between rights and obligations. Customers often commit defaults such as late payments, bill deletions, and energy theft (there were 25 cases), which were caused by economic factors and disputes over assets. PT. PLN addresses this problem through a tiered Electricity Usage Control mechanism: giving warnings, imposing fines, disconnecting connections, and meetings to discuss sanction relief. Although the contract is considered valid according to Article 1320 of the Civil Code, the dominance of clauses by PLN can cause injustice to consumers, so strengthening the negotiation aspect in the contract is very necessary.
KEABSAHAN PERJANJIAN JUAL BELI TANAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI PUTUSAN NOMOR: 15/PDT.G/2020/PN KFM) Konay, Intan Thesalin; Mauritsius, Darius; Dinata, Husni Kusuma
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22726

Abstract

This study examines the validity of an oral land sale and purchase agreement in the Kefamenanu District Court Decision Number 15/Pdt. G/2020/PN Kfm. Normatively, the relationship between the Plaintiff and the late Yacob Maniagala has met the requirements for a valid agreement in accordance with Article 1320 of the Civil Code, which includes the consent of all parties, legal capacity, clear objects, and legitimate purposes. However, the panel of judges rejected the application on the grounds that: the purchase receipt was considered unilateral because it was only signed by the seller without involving authorized officials such as PPAT or Lurah; the transaction violated the provisions of Article 37 of Government Regulation Number 24 of 1997 which requires a Land Deed Official, deed for the transfer of land rights; and factual ownership for nine years is not considered valid evidence without a land title certificate. This decision shows a striking difference between civil law recognition of oral agreements and agrarian lawsuits related to administrative formalities. Even though the procedures have been met, there is still substantive injustice to buyers in good faith. Thus, this study encourages the need for reform in the land registration system to accommodate informal sales practices that often occur in society.
IMPLEMENTASI UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA KAITAN DENGAN PERLINDUNGAN HAK ATAS TANAH MASYARAKAT ADAT PUBABU, DESA LINAMNUTU, KECAMATAN AMANUBAN SELATAN, KABUPATEN TIMOR TENGAH SELATAN Ferroh, Fasri; Dinata, Husni Kusuma; Bire, Chatryen M Dju
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22971

Abstract

This research is an empirical study that aims to determine and analyze the implementation of the basic agrarian law and its obstacles in protecting the land rights of the Pubabu indigenous community, Linamnutu Village, South Amanuban District, TTS Regency. This research was conducted in Linamnutu Village. The types of data used were primary data and secondary data. The data collection techniques used were interviews and literature studies. The population in this study were the Head of East Nusa Tenggara State Land Agency Region, Head of Amanuban Selatan Sub-District, Head of Linamnutu Village, Usif (King) of Amanuban, Pubabu Indigenous Community Leaders. The sample used in this research is a saturated sample technique with a total of 8 respondents. This research shows that, the implementation of the Basic agrarian law in the Pubabu case reveals a systematic failure that requires fundamental reformulation from a technocratic paradigm towards a transformative paradigm. the obstacles to the implementation of the Basic agrarian law in protecting the land rights of Pubabu indigenous peoples, in Linamnutu Village are not solely caused by administrative technical issues, but reflect stronger structural problems in the Indonesian government system.
Co-Authors Adoe, Diego Marco Agustinus Hedewata Agustinus Hedewata Alif Marwan Fahim Nampira Aloysius , Sukardan Balduinus Rasi Mbedhi Buraen, Stefanus Asa Emuel Chatryen M Dju Bire Citra Rahmatul Ummah Dakosta, Krisfal Dian Bin Boy Darius Mauritius Darius Mauritsius Dicky Kolodikson Selan Ferroh, Fasri Foenay, Sheila F L Hedewata, Agustinus Hendrikus Andi Bagus Hendrikus Andi Bagus Ignasius Lawe Makin Jacob, Yossie M Y Jemima, Hildegardis Kaesmetan, Rini Marselin Kamlasi, Yoseph Mariano Katoda, Rudyanto Benyamin Hendika Konay, Intan Thesalin Kuma Namang, Maria Gabriella Limau, Yuningsi Penun Londong, Cornelis Manafe, Andry Samuel Marchela Sarianti Tungga Maria Angelica Dei Nai Maria Angelica Dei Nai Maria Oktafiani Wona Ledun Marselina Bali Ola Nama Tukan Mauritsius, Darius Muda, Inna Maria Meylliani Boy Musdalifah Musdalifah Ndolu, Juliana Susantje Neonufa, Ananda Pricely Rindang Nubatonis, Orpa J Nubatonis, Orpa Juliana Nur Fadhilah Orpa Juliana Nubatonis Paula Agustin Rani Paulus Pora Putra Fajar Ratuloli, Samson Renda, Ariance Reynaldo Allendro Lomanledo Ruth Anggilani Kaesmetan Sajid Munandar Alam Selan, Dicky Kolodikson Simon, Mario Stanic Siti Ramlah Usman Soni Esrayanus Benu Sukardan Aloysius Sukardan Aloysius Tao, Fransiska Tenci Lioni Andini Kese Usman, Siti R Usman, Siti Ramlah Yossie Maria Yulianti Jacob Yossie Maria Yulianty Jacob Yossie Maria Yulianty Jakob