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Journal : Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)

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.
Pelaksanaan Perjanjian Kredit pada Koperasi Simpan Pinjam Kopdit Swasti Sari Kota Kupang Romualdo Erlangga B Kosad Putra; Sukardan Aloysius; Agustinus Hedewata
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3711

Abstract

The purpose of this research is to analyze the implementation of credit agreements at the Kopdit Swasti Sari savings and loan cooperative in Kupang City. The writing of this research uses empirical legal methods. Types and sources of data are primary data, secondary data and tertiary data. Data techniques are conducted by interview, documentation and literature study. Data processing is done by Editing, and Coding. The results of this study are that the problems that arise in credit agreements at the Swasti Sari Savings and Loan Cooperative in Kupang City are bad debts, namely loans that have difficulty by the debtor to fulfill the obligations agreed upon between the creditor and the debtor due to deliberate or out of control factors. Problems regarding bad credit occur from the debtor or cooperative members who are late in fulfilling installments or do not pay their debts. The settlement procedure for defaults in credit agreements at the Swasti Sari Savings and Loan Cooperative is that if the debtor has income and there is a good intention to settle the loan, rescheduling can be carried out, if the debtor has income but does not have a good intention to settle the loan, confiscation of collateral can be carried out, if the debtor no longer has income but there is a good intention to settle the loan, it can be done by offering the sale of collateral, if the debtor no longer has income or there is no good intention to settle the loan, confiscation of collateral can be carried out and then sold.
Pelaksanaan Eksekusi Barang Jaminan pada PT. Nusa Surya Ciptadana Cabang Soe dalam Perspektif Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Dicky Kolodikson Selan; Agustinus Hedewata; Husni Kusuma Dinata
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3839

Abstract

The purpose of this research is to analyze the implementation of the execution of collateral at Pt. Nusa Surya ciptadana soe branch in the perspective of Law Number 42 of 1999 concerning fiduciary guarantees. The research method used is empirical research so that the data sources used are primary data sources and secondary data. Primary data is obtained from interviews with sources and secondary data by visiting objects to obtain the necessary information. The conclusion of this research is that in the process of executing a collateral object at PT Nusa Surya Ciptadana Soe Branch, it is carried out in accordance with the provisions of Article 29 paragraph (1) letter c and the provisions of Article 15 paragraph (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal consequences arising against the debtor, namely the existence of an agreement so that the creditor in withdrawing fiduciary collateral goods is not secured by the police and not through a letter of determination through the district court, causing an imbalance in the position between the creditor and the debtor. Based on this research, the researcher suggests that the financing institution in withdrawing and selling the fiduciary guarantee object needs to make a derivative regulation of the Constitutional Court's decision governing the implementation of the execution of fiduciary guarantees in order to maintain a balance so that the proceeds from the sale of the guarantee object do not harm both parties can change the provisions in the Fiduciary Guarantee Law regarding when the debtor is said to be in breach of promise and the need to outline the mechanism of the District Court guidelines. For the Community, before agreeing to a principal agreement, it is necessary to understand the contents of the clause of an agreement so that the desired breach of promise does not occur.
Tinjauan Yuridis Pemutusan Kontrak Secara Sepihak oleh Bupati Nagekeo Terhadap Tenaga Harian Lepas (THL) di Kabupaten Nagekeo Ana Maria Clarisa Dhiu Sawi; Agustinus Hedewata; Orpa Juliana Nubatonis
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: 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.v3i3.3912

Abstract

The purpose of this research is to analyze the juridical review of unilateral contract termination by the regent of Nagekeo against casual daily workers in Nagekeo district. The type of research is Empirical Legal research, the type of data used in this research is qualitative descriptive data. The results of this study suggest that: (1) The reason for the Nagekeo Regent to unilaterally terminate the contract against the casual workers in Nagekeo Regency is to reduce the regional expenditure budget so that these funds can be allocated to build facilities for the people of Nagekeo Regency (2) The impact that occurred for casual workers at the time of contract termination was to cause a situation of lack of security and public order due to demonstrations against the dismissal of casual workers, reduced income for families who are members of casual workers, causing the economic wheels in the market to be quiet for some time and not optimal administrative services and public services for the community.
Sistem Perkawinan Sesama Suku Menurut Hukum Adat Leworook di Desa Leraboleng Kecamatan Titehena Kabupaten Flores Timur Ignasius Lawe Makin; Agustinus Hedewata; Husni Kusuma Dinata
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4242

Abstract

The purpose of this research is to the same-tribe marriage system according to leworook customary law in Leraboleng Village, Titehena Sub-district, East Flores Regency. This research is an empirical research, with field data as the main source of data such as interviews and observations. The results of the research that has been conducted, obtained that: (1) The Leworook community adheres to a three-stove marriage system with a patrilineal kinship system or kinship according to the father's line. the Leworook customary community's marriage system also adheres to exogamy marriage where a boy is obliged to marry a woman outside his tribe or clan. The marriage system between tribes means that the tribes in the Leworook indigenous community are grouped into three clans. (2) The marriage system according to Leworook customary law has an interconnected system between one tribe and another, stages of marriage that are highly respected in order to avoid inbreeding with other tribal groups and rules that need to be maintained and should not be violated.