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All Journal Jurnal Abdi Insani Didaktik : Jurnal Ilmiah PGSD STKIP Subang Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Hukum dan Sosial Politik 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
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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Kedudukan Tu’a Teno Gendang Curu terhadap Peralihan Hak Ulayat atas Tanah Lingko (Tanah Ulayat) menjadi Hak Privat Hendrikus Andi Bagus; Sukardan Aloysius; Husni Kusuma Dinata
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1748

Abstract

The purpose of this research is to determine the position of Tu’a Teno Gendang Curu regarding the transition of indigenous land rights over Tanah Lingko (Customary Land) to private ownership and to understand the legal consequences of the transfer of indigenous land rights over Lingko (Customary Land) to private ownership. This study is an empirical legal research that employs an approach involving interviews as the primary source of data and literature review, including books, regulations, and other scholarly writings related to this research. The conclusions drawn from this research include, firstly, the division of Gendang Curu's Lingko marks the beginning of the transfer of rights over customary land. In a broader context, this division reflects customary legal actions in jointly managing land resources. However, in a more specific context, the division of Lingko also signifies the individual management of land for collective purposes, where the control over the managed land becomes an individual right. The transfer of customary rights is considered a preliminary step towards privatizing land rights, acknowledged by Gendang Curu's customary law through the sanctioned division of Lingko by Tu’a Teno. Secondly, the transfer of indigenous land rights over Lingko to private ownership by Tu’a Teno Gendang Curu weakens indigenous rights and strengthens individual rights. This opens up opportunities for various legal actions such as land transactions, donations, and inheritance, culminating in land registration to ensure legal certainty. However, the consequence of this process is the loss of Tu’a Teno's position and role as the manager of customary land. Tu’a Teno will only serve as a witness in case of land disputes.
Analisis Yuridis Kepemilikan Hak Atas Tanah Ulayat Berdasarkan Putusan Perkara Perdata Nomor: 13/Pdt.G/2021/Pn End Maria Angelica Dei Nai; Agustinus Hedewata; Husni Kusuma Dinata
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1755

Abstract

The purpose of this study is to analyze the juridical ownership of customary land rights based on the decision of civil case Number: 13/Pdt.G/2021/Pn End. The type of research used by the author is Normative Legal research. The sources of legal materials used in this research are primary, secondary and tertiary legal materials. The method of processing legal materials through 4 (four) stages, namely identification of legal materials, inventory of legal materials, verification of legal materials and interpretation of legal materials which are then analyzed descriptively qualitatively. Based on the research results, the Plaintiff was unable to prove that the disputed object was his property and vice versa the Defendants were unable to prove that the disputed object was customary land belonging to the Kila Da Tribe. This is because there are inconsistencies regarding the structure, hierarchy, and mechanism of worship in the Customary Law Community that differ in the evidence of the Plaintiff and the Defendants. The Plaintiffs and Defendants were also unable to prove recognition by executive agencies regarding ownership of the disputed object. In addition, the Plaintiff was unable to prove that he was a legitimate heir as stipulated in Article 832 of the Civil Code. Likewise, the Defendants were unable to prove that they were the legitimate heirs of Kila Da from Wednesday Kila's descendants. The author argues that the consideration of the Panel of Judges in giving a decision in this case was correct, by rejecting the Plaintiff's claim in its entirety. Because all the arguments of the lawsuit regarding ownership of rights to customary land, cannot be proven by the Plaintiff.
Pelaksanaan Perjanjian Pinjam Meminjam dengan Jasa Koperasi yang Belum Berbadan Hukum di Desa Nobo Kabupaten Flores Timur Marselina Bali Ola Nama Tukan; Yossie Maria Yulianty Jacob; Husni Kusuma Dinata
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.v4i1.5024

Abstract

The execution of a loan agreement is a form of binding engagement between the lender and the borrower. This agreement must fulfill the validity requirements as stipulated in Article 1320 of the Indonesian Civil Code. In practice, there are still cooperatives that operate without legal entity status but continue to provide lending services, such as Pringkop Cooperative in Nobo Village, Ile Boleng District, East Flores Regency. This study aims to examine the implementation of loan agreements facilitated by Pringkop Cooperative, which operates without legal entity status, as well as the factors influencing the community's decision to engage in such agreements. This research employs empirical approach, utilizing primary and secondary legal materials. The analysis method applied is qualitative descriptive analysis. The findings of this study indicate that: (1) The execution of loan agreements in Pringkop Cooperative is conducted in a simple manner, without notarized deeds or legally valid written agreements, posing risks to both parties in terms of dispute resolution. Nevertheless, the cooperative continues to operate based on a trust system and an orally agreed-upon repayment mechanism. (2) The factors influencing the community to engage in loan agreements with Pringkop Cooperative include ease of access, trust in the cooperative, and the economic conditions of the community, which require quick loans without complex procedures. Additionally, social and cultural factors contribute to the sustainability of this practice, as family relationships and local customs play a significant role in loan transactions.
Tinjauan Yuridis Pelaksanaan Perjanjian Penitipan Anak Di Panti Asuhan Kristen Gmit 221 Kupang Adoe, Diego Marco; Hedewata, Agustinus; Dinata, Husni Kusuma
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15943

Abstract

The rights and obligations that must be carried out by the parties in carrying out child care at the GMIT 221 Christian orphanage in Kupang. The parents have the right to be guaranteed that the child will be cared for and maintained properly and lovingly and are obliged to fulfill the requirements for registration and submission of children to the GMIT 221 Kupang Christian Orphanage and are ready to accept the child back when the child care by the orphanage has ended, or the child care is terminated by the orphanage. The main problems in this thesis are: (1) How is the implementation of the child care agreement carried out at the GMIT 221 Kupang Christian Orphanage? (2) What are the rights and obligations of each party that must be bound in the care agreement at the GMIT 221 Kupang Christian Orphanage? The conclusions of this research are: (1) the implementation of the child care agreement is carried out with the introduction stage and continued with the agreement implementation stage. (2) The rights and obligations of the parties to the child care agreement must be cooperative and committed to the agreement that has been made. Based on this research, the researcher suggests that orphanages should expand relationships with outside parties so that orphanages can more easily get help both in labor and material and orphanages should pay more attention to the rights and obligations of children who will be entrusted or submitted to orphanages.
Tanggung Jawab PT Nusa Timor Perkasa Sebagai Developer Dalam Penjualan Rumah Melalui Kredit Pemilikan Rumah (KPR) Perumahan Nusa Persada Di Naioni Kota Kupang Buraen, Stefanus Asa Emuel; Jacob, Yossie M Y; Dinata, Husni Kusuma
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.21060

Abstract

Developers or what are known as housing development companies are companies engaged in housing development from various environmental infrastructure and social facilities needed by their residents. Housing is defined as a residential area equipped with public facilities and supporting infrastructure. Banking plays a role in providing financing facilities through Home Ownership Credit (KPR). KPR is a credit facility provided by banks for customers to buy or renovate a house. In its implementation, developers work with banks to facilitate public access to home ownership. This study discusses (1) the legal relationship of the parties in the sale of a house through Home Ownership Credit and (2) the developer's responsibility for the quality of the house building after the Home Ownership Credit agreement.This study is an empirical legal study with a qualitative descriptive method. The results of the study indicate that the legal relationship between the parties occurs since the signing of the agreement, namely the cooperation agreement between the developer and the bank, the sales and purchase agreement between the developer and the consumer, and the credit agreement between the bank and the consumer in accordance with Article 1320 of the Civil Code. The developer's responsibility is basically to complete the construction of the building, provide infrastructure, provide facilities, provide public utilities, take care of the distribution of certificates, and be responsible for the subsidized housing building after the credit agreement. The principle of responsibility applied by the developer to consumers is the principle of responsibility with limitations (limitation of liability).
Analisis Yuridis Pembatalan Akta Hibah Tanah Oleh Pengadilan Negeri Kupang (Studi Kasus Putusan Nomor 298/PDT.G/2021/PN/KUPANG) Neonufa, Ananda Pricely Rindang; Mauritsius, Darius; Dinata, Husni Kusuma
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.21068

Abstract

Cancellation of a deed of gift has legal consequences that the assets that have been donated must be returned to the grantor, as regulated in Articles 1673 and 1674 of the Civil Code. The problem in this study is how are the considerations of the parties in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? And how are the considerations of the judge in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? The type of research used is normative legal research by collecting, reading, tracing a number of library materials and analyzing Decision Number 298/pdt.g/2021/PN/Kupang. The results of this study show: (1) The considerations of the parties in this case the Plaintiff, Defendant and Co-Defendant I and Co-Defendant II each have strong reasons regarding their involvement in the land grant process until the issuance of the certificate, but from all the reasons put forward there are several irregularities that weaken the Defendant and Co-Defendant and (2) the basis for the judge's considerations in this decision is in accordance with the objectives of the law, namely Justice, Certainty and Benefit. Legal certainty has occurred after the deed of grant was issued in the name of the defendant, but the judge set aside the objective of legal certainty, but in this case the judge also took another objective, namely justice.
SOSIALISASI TENTANG PEMBAGIAN WARISAN MENURUT HUKUM ADAT DAN HUKUM PERDATA DI DESA KUAKLALO KECAMATAN TAEBENU Nubatonis, Orpa Juliana; Bire, Chatryen M. Dju; Jacob, Yossie M. Y.; Dinata, Husni Kusuma; Renda, Ariance
Jurnal Abdi Insani Vol 11 No 3 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i3.1722

Abstract

Inherited property is defined as that which is left by the testator to be distributed to his heirs. In Indonesia, the law of inheritance distribution is governed by three legal systems: customary inheritance law, Islamic inheritance law, and inheritance law based on the Civil Code. The community service team identified a lack of understanding about the division of inheritance according to customary law and civil law in Kuaklalo Village. The proposed solution is to provide an explanation of the division of inheritance according to customary law and civil law. The objective of this activity is to offer an explanation to the local community regarding the division of inheritance according to customary law and civil law. The method employed is through the socialization of material delivery and direct question-and-answer discussions with the local community. The stages of activities that will be carried out are as follows: (a) The preparation stage includes: (1) survey, (2) deliberation, (3) preparation of socialization materials. (b) The implementation stage. The local community members who participated in this activity displayed a high level of enthusiasm, as evidenced by the questions and discussions they engaged in with the speakers on topics related to the challenges they face in their daily lives. In addressing the queries raised by the community regarding the distribution of inheritance, the resource person not only provided responses but also facilitated further dialogue with the lecturers who attended the activity. The findings of the dissemination activities conducted by the Community Service Team demonstrate that the knowledge and comprehension of the distribution of inheritance according to both customary law and civil law were enhanced. The Community Service Program offered an opportunity for participants to gain insights and understanding of the distribution of inheritance according to civil law and customary law.
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.
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 Hedewata, Agustinus Hendrikus Andi Bagus Hendrikus Andi Bagus Ignasius Lawe Makin Jacob, Yossie M Y Jemima, Hildegardis Kamlasi, Yoseph Mariano 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