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Perlindungan Pekerja Anak Menurut Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan di Pasar Kasih Naikoten 1 Kupang Cornelia Selan; Agustinus Hedewata; Darius Mauritsius
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.1695

Abstract

The purpose of this research is to analyse the protection of child labour according to Law No. 13 of 2003 concerning labour in Pasar Kasih Naikoten 1 Kupang This research is an empirical legal research conducted in Pasar Kasih Naikoten 1 Kupang City, the Office of Manpower and Transmigration of Kupang City and the Office of Empowerment and Child Protection of Kupang City. This research uses primary data and secondary data. Data collection techniques using interviews, documents, observation. Based on the results of research and discussion, the conclusion is that there are still many children who work under the age of 18 and do heavy work such as pushing trains, lifting shopping that exceeds the capacity of children, even among those who get physical and verbal violence from people around them. If there is a violation of child labour in the Kasih Naikoten 1 market, the relevant government will issue a written warning and if there is a criminal act, the government will provide legal assistance to victims and perpetrators and will be processed by the applicable law. Factors that hinder the government to tackle the problem of child labour are very small APBD, economic factors, cultural factors and educational factors.
Pertanggungjawaban Petani yang Melakukan Wanprestasi atas Perjanjian Simpan Pinjam pada KSP Kopdit Pintu Air Cabang Lembor Rustam Soewandi; Agustinus Hedewata; Orpa J. Nubatonis
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.2025

Abstract

The purpose of this research is to analyse the liability of farmers who make defaults on savings and loan agreements at KSP Kopdit Pintu Air Lembor branch. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary and secondary data. The results of this study are that the reasons for the default of farmers on savings and loan agreements at KSP Kopdit Pintu Air Lembor Branch as follows are reduced rice yields and crop failure. The existence of traditional events such as marriage, death and school parties. Income is divided due to financing the education of their children and financing sick families. Farmers borrow from local businesses and communities. Farmers are members of other cooperatives and make loans. Government programmes to improve irrigation have caused farmers not to plant rice. Liability for default by Farmers on savings and loan agreements, namely continuing to pay principal + interest + dues every month and Farmers can repay loans in the form of as much as the member or Farmer can pay or repay the loan and Farmers continue to pay monthly even though only to cover the interest.
Penerapan Hukum Adat dalam Konflik Perkawinan Masyarakat Suku Timor (Dawan Amanuban) di Desa Pollo Kecamatan Amanuban Selatan Alvintho Tiumlafu; Agustinus Hedewata; Helsina Fransiska Pello
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3358

Abstract

This research aims to: (1) To find out the reason why parties choose customary law in resolving marital problems at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District, (2) To find out the application of customary law enforcement in resolving Tribal marriage issues at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District. This type of this research was Empirical Juridical research, primary data obtained by interviewing 11 respondents and supported by secondary data, qualitative descriptive data analysis. The result of this research is to show that: (1) The way of living of the communities at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District who experience domestic violence conflicts can be settled by custom for the reason that customary law is the result of ancestral heritage that must be maintained and preserved, maintaning unbreakable kinship between local communities, also customary law is considered as fast and affordable. (2) The application of customary law enforcement in resolving marital problem of tribal cummunities at Pollo Village, in Amanuban Setalan Sub-district, South Central Timor District is seen very effective in providing a deterrent effect to perpetrators of domestic violence because the customary sanction imposed are not only punitive but also provide learning for the perpetrators and the local community so that they are afraid and do not be able to commit to the similar action in the future. The practice of customary law enforcement against perpetrators of domestic violence is carried out to correct deviation from obligations and prohibitions in customary community relations, so that the aim is to have a direct impact and direct execution on the violating party. In order to increase the effectiveness of the imposition of customary sanction.
Perjanjian Bagi Hasil Ternak Babi Antara Kepala Desa dengan Masyarakat Menurut Kitab Undang-Undang Hukum Perdata di Desa Loborai Kecamatan Sabu Timur Kabapaten Sabu Raijua Provinsi Nusa Tenggara Timur Petronela Haba Manu; Agustinus Hedewata; Petornius Damat
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Juni : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i2.1161

Abstract

The purpose of this study is to analyze the pig production sharing agreement between the Village Head and the community according to the Civil Code in Loborai Village, East Sabu District, Sabu Raijua Regency, East Nusa Tenggara Province. In the process of this research, the author uses empirical research methods with the aim of research to find out and describe various matters related to the implementation of the pig production sharing agreement in Loborai Village, East Sabu District which will provide benefits in the form of rational thinking in an effort to answer various problems related to the pig production sharing agreement in Loborai Village, East Sabu District. The results of the research show that the form of pig profit-sharing agreement carried out by the village head with the community is carried out in written and unwritten (oral) forms. The written agreement is carried out by the community in the form of an agreement in the division of profit sharing for pigs. Whereas in the oral form, the village head and the community make an agreement to raise pigs and the results of the livestock if they breed and have results from the pigs will be shared with the community to maintain the results of the pigs that have been given. If there is a problem in the pig profit-sharing agreement between the village head and the community in raising pigs, for example, in this case the community is negligent so that the pigs die, then the village head as the owner does not sue but is resolved properly. However, another thing that is absolute to note is that the agreement made and carried out must be in good faith.
Tinjauan Yuridis Jual Beli Tanah Warisan Tanpa Sepengetahuan Ahli Waris Yang Lain dalam Kitab Undang-Undang Hukum Perdata (Studi Kasus Putusan Nomor 10/Pdt.G/2019/PN Lbt) Maria Oktafiani Wona Ledun; Agustinus Hedewata; Husni Kusuma Dinata
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1375

Abstract

This research discusses the juridical review of the sale and purchase of inherited land without the knowledge of other heirs in the civil law code. This research method uses normative legal research methods, namely library research methods. The results of this study indicate that the transfer of land rights through sale and purchase or inheritance and other legal events are in accordance with applicable regulations, namely the Basic Agrarian Law and Government Regulation No. 24 of 1997 to create legal certainty and justice for severe parties, all legal acts or legal events need to be contained in an authentic deed made before a Notary / PPAT and registered with the land office so that the legal act is valid and has legal force in order to avoid legal problems and disputes, as well as an analysis of the basis for the judge's consideration in Decision Number 10/PDT. G/2019/PN LBT the plaintiff's lawsuit was declared unacceptable or rejected because the main petitum of the lawsuit was rejected, the next petitum was also rejected because it was assessor / following the granting of the main petitum of the lawsuit regarding the unlawful act of the defendants was declared unacceptable.
Analisis Faktor Penyebab Sengketa Tanah dan Implikasinya terhadap Hak Para Pihak di Kecamatan Insana Utara, Kabupaten Timor Tengah Utara Lidia Anjelina Laos; Sukardan Aloysius; Agustinus Hedewata
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1615

Abstract

The purpose of this writing is to determine the factors that cause land disputes and their implications for the rights of the parties in North Insana District, North Central Timor Regency and to determine the legal consequences for the rights of parties in land disputes in North Insana District, North Central Timor Regency. The benefit of this research is as information material to increase insight and knowledge regarding the title of the thesis which the author will research and will be useful for scientific material, especially land disputes in the civil law specialization. The method used in this research is an empirical legal research method. The results of this research show (1) The factor that caused the land dispute that occurred in North Insana District was the factor of personal conflict of interest, namely that the defendants grabbed the land, occupied and cultivated the land based on their personal interests without paying attention to the ownership of the land so that causing land disputes. (2) The consequence of the land dispute is that the owner suffers losses both material and immaterial, so that the defendant is given sanctions in the form of a fine. The conclusions of this research are (1) The factor that causes land disputes that occur in North Insana District is the factor of conflict of personal interest by taking over for personal gain. (2) The consequence of the land dispute is that the owner suffers losses, so that the dispute party receives sanctions in the form of fines to be given to the owner. The author's suggestion is that the Village Head as a mediator must bring the two parties together to make peace so that social relations between the two parties can return to running well.
Perlindungan Hukum Terhadap Konsumen Atas Kenaikan Harga Minyak Goreng Yang Dilakukan Oleh Pelaku Usaha Toko di Kecamatan Sabu Barat Kabupaten Sabu Raijua Rona Pili Mangngi; Agustinus Hedewata; Darius Mauritsius
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i3.540

Abstract

The increase in cooking oil as a staple food is certainly detrimental to consumers, especially consumers from the lower middle class, after the problem of scarcity of cooking oil occurred in Indonesia and various policies to adjust the price of cooking oil carried out by the government, provide evidence that the urgency of the price of cooking oil has an impact on society. This research aims to find out and explain the causes of the increase in cooking oil prices carried out by shop entrepreneurs in West Sabu sub-district, Sabu Raijua Regency. The research method used is that this research is included in empirical legal research, namely a legal research method that attempts to see the law in a real sense or can be said to see, examine how law works in society, which then uses a research approach, a qualitative type of approach. The research results show that legal protection for consumers can be carried out by resolving disputes in court and outside of court. Every consumer who is harmed can sue business actors through institutions tasked with resolving disputes between consumers and business actors or through courts within the general court environment and the government also plays an important role in efforts to protect consumers legally. The form of consumer protection provided is by issuing laws and government regulations, where the implementation of statutory regulations is then carried out by supervising the implementation of these regulationsto be able to socialize it to the public and there is also a need for supervision carried out by the government on business actors.
Alasan Konsumen Tidak Mengadukan Kasusnya serta Bentuk Perlindungan Konsumen Akibat Kosmetik yang Berbahaya Berdasarkan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Maria Grezhella Rihi; Agustinus Hedewata; Helsina Fransiska Pello
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i6.557

Abstract

Development of the era in field of trade and industry has led increasingly advanced and innovative products and services created and used by the community. In the era of free trade, export and import opportunities are wide open and have an impact on the entry of products legally or illegally. This study aims to determine the reasons why consumers/victims of the use of cosmetics containing hazardous materials are reluctant to report to BPOM and to determine the form of legal protection for consumers who are harmed due to using cosmetics containing hazardous materials reviewed from Law No. 08 of 1999 concerning Consumer Protection. Aspects that influence consumers not to report cosmetic brands using hazardous materials to BPOM are, consumer reluctance to use cosmetics with hazardous materials comes from combination of individual health problems, increased knowledge and awareness, ethical considerations, trust in regulations, and the influence of social and environmental factors. The circulation of cosmetic products containing hazardous materials will harm consumers, in this case business actors have certainly violated the Consumer Protection Law. These forms of legal protection create a just and orderly society by balancing individual freedom with the need for regulation and protection against various potential losses.
Analisis Faktor Penyebab Sengketa Tanah dan Implikasinya terhadap Hak Para Pihak di Kecamatan Insana Utara, Kabupaten Timor Tengah Utara Lidia Anjelina Laos; Sukardan Aloysius; Agustinus Hedewata
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i1.1615

Abstract

The purpose of this writing is to determine the factors that cause land disputes and their implications for the rights of the parties in North Insana District, North Central Timor Regency and to determine the legal consequences for the rights of parties in land disputes in North Insana District, North Central Timor Regency. The benefit of this research is as information material to increase insight and knowledge regarding the title of the thesis which the author will research and will be useful for scientific material, especially land disputes in the civil law specialization. The method used in this research is an empirical legal research method. The results of this research show (1) The factor that caused the land dispute that occurred in North Insana District was the factor of personal conflict of interest, namely that the defendants grabbed the land, occupied and cultivated the land based on their personal interests without paying attention to the ownership of the land so that causing land disputes. (2) The consequence of the land dispute is that the owner suffers losses both material and immaterial, so that the defendant is given sanctions in the form of a fine. The conclusions of this research are (1) The factor that causes land disputes that occur in North Insana District is the factor of conflict of personal interest by taking over for personal gain. (2) The consequence of the land dispute is that the owner suffers losses, so that the dispute party receives sanctions in the form of fines to be given to the owner. The author's suggestion is that the Village Head as a mediator must bring the two parties together to make peace so that social relations between the two parties can return to running well.
Sistem Pembagian Warisan, Berdasarkan Hukum Adat Kletek Taruik, di Desa Alas, Kecamatan Kobalima Timur, Kabupaten Malaka Margaretha Adeyanti Manek; Agustinus Hedewata; Darius Mauritsius
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3193

Abstract

This study aims to determine the inheritance distribution system based on Kletek Taruik customary law, in Alas Village, East Kobalima District, Malaka Regency and the current community attitude towards the inheritance distribution system, based on Kletek Taruik customary law, in Alas Village, East Kobalima District, Malaka Regency. The research method used in this study is empirical legal research. The sources and types of data in this study are primary data obtained from the results of field studies with interviews. Secondary data were obtained from literature studies. The data obtained is then processed by checking and correcting the data. After the data is processed then analyzed qualitatively. Based on the results of research and discussion, it can be concluded that the community in Alas Village, East Kobalima District, Malaka Regency, adheres to the matrilineal principle in the distribution of inheritance property, where more inheritance for daughters or also called heirs are daughters, because girls are members of the tribe who will continue the descendants of the heirs, while the son even though he is the eldest but he only helps manage or process The inheritance, because the daughter is considered more responsible in taking care of the inheritance of her parents than the son who will submit to his wife's family. The community in Alas Village, East Kobalima District, Malaka Regency, is very accepting of the prevailing customary rules where girls have full rights to their outgoing customary inheritance, but it does not rule out the possibility for sons to also receive inheritance from both parents based on mutual agreement.