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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Indonesian Journal of Contemporary Multidisciplinary Research Jurnal Hukum dan Sosial Politik Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Referendum Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Agustinus Hedewata
Unknown Affiliation
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
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.
Perlindungan Hukum Konsumen dari Praktik Iklan yang Menyesatkan oleh Pelaku Usaha di Kota Kupang Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Dio Afriyanto Minta; Agustinus Hedewata; Sukardan Aloysius
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.60

Abstract

This study aims to (1) find out the role of business actors in making misleading promotions according to Law Number 8 of 1999 concerning Consumer Protection, and (2) to find out the legal protection for consumers in Kupang City against misleading information provided by business actors through product promotion based on Law Number 8 of 1999 concerning Consumer Protection. This study uses an empirical judiciary method using primary data and secondary data. The results of the study show that (1) The role of business actors in making misleading advertising promotions is depicted in practices such as false advertising, deceptive practices, and fraudulent advertising. Business actors have a role in creating advertisements that do not match reality, providing incorrect information, and manipulating consumers to make purchase decisions without correct information. The impact includes harming consumers, damaging market integrity, and potentially harming the overall business image. Mistakes in this kind of marketing practice not only violate consumer protection laws, but can also shake consumer trust and affect market fairness and integrity, and (2) In the face of misleading information from business actors through product promotion in Kupang City, legal protection for consumers is essential, especially with reference to Law Number 8 of 1999 concerning Consumer Protection. This law provides a legal basis to protect consumers from dishonest and harmful advertising practices. By emphasizing principles such as benefits, fairness, balance, security, consumer safety, and legal certainty, the Act creates a foundation for consumer protection.
Kewenangan Berhak dan Kewenangan Bertindak Menurut Hukum Perdata Suatu Kajian Normatif Sebastianus Nong Mario Zakaria; Agustinus Hedewata; Yossie M. Y. Jacob
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.v2i2.1751

Abstract

The aim of this research is to find out the concepts of entitled authority and acting authority in civil law as well as the relevance and implications of regulating entitled authority and acting authority in civil law practice. The type of research used by the author is Normative Law research, the type of data used in this research is qualitative data. The data used in research is based on the relevance of the source data, namely primary and secondary data. The results of this research are that the results of the research show that Rightful Authority is defined as the authority of an individual or a legal entity to carry out a legal act in a community's social life which is considered valid because it constitutes his or her essence as a human being or individual or as a legal entity while the Authority to Act is defined as Special authority. The special authority referred to is authority that only applies to certain people and for certain legal actions, whereas the relevance and implications show that there is no relevance in regulating the authority to have rights and the authority to act in civil law. This is shown by cases that frequently occur. for example, early marriage.
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.
Implementation of City Minimum Wage Payments for Household Assistants in Kuanino Village, Kota Raja District, Kupang City Nono, Carolin P.; Agustinus Hedewata; Darius Mauritsius
Indonesian Journal of Contemporary Multidisciplinary Research Vol. 3 No. 3 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/modern.v3i3.8886

Abstract

One of the rights as a worker is getting a wage based on the City Minimum Wage standard which is not available to household assistants. This research aims to determine the implementation of the payment of the city minimum wage and the factors that influence the non-payment of the city minimum wage for household assistants in Kuanino Village, Kota Raja District, Kupang City. This research uses empirical legal methods. The results of the research show that the implementation of the payment of the city minimum wage has not been implemented for household assistants because its determination and implementation cannot yet be aimed at household assistants and the factors that influence its non-implementation consist of internal factors in the form of economic conditions/paying ability of the employer, the amount of work done by workers, lack of family finances from job seekers, self-competence of workers, bargaining power of workers and age of workers and external factors in the form of government regulations, lack of data collection and lack of supervision/monitoring
Co-Authors Alvintho Tiumlafu Ana Maria Clarisa Dhiu Sawi Cornelia Selan Darius Mauritsius Dicky Kolodikson Selan Dio Afriyanto Minta Helsina Fransiska Pello Heribertus Virgi Golot Husni Kusuma Dinata Ignasius Lawe Makin Lidia Anjelina Laos Margaretha Adeyanti Manek Maria Angelica Dei Nai Maria Grezhella Rihi Maria Oktafiani Wona Ledun Miftahul Chair Nono, Carolin P. Oktavianus Carlos Awa Pea Orpa J Nubatonis Orpa J. Nubatonis Orpa Juliana Nubatonis Petornius Damat Petronela Haba Manu Romualdo Erlangga B Kosad Putra Rona Pili Mangngi Rustam Soewandi Sebastianus Nong Mario Zakaria Sukardan Aloysius Toumeluk, Dean Monica Yossie Maria Yulianti Jacob