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Prosedur Pengangkatan Anak di Pengadilan Negeri Oelamasi (Studi Kasus Penetapan No 5/Pdt.P/2023/PN Olm) Nur Fadhilah; Siti Ramlah Usman; Husni Kusuma Dinata
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1686

Abstract

The purpose of this research is to find out the procedure of child adoption at the Oelamasi District Court and the judge's reasoning in granting the application for child adoption with prospective parents over 55 years old. The research method used is empirical research. The results showed (1) The child adoption procedure at the Oelamasi District Court is in accordance with the child adoption arrangements contained in the laws and regulations. Particularly in this case, the child who was adopted was not under the care of a social organization but under the care of the prospective adoptive parents. In addition, in this case the prospective adoptive parents did not fulfill one of the requirements for child adoption contained in Article 13 of the Government Regulation, which in turn is the authority of the judge in accepting or rejecting the application. (2) The judge's reasoning in granting the application for child adoption in Stipulation Number 5/Pdt.P/2023/PN Olm is by referring to the provisions of Article 28 B paragraphs (1) and (2) jo Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia which prioritizes the principles of justice and the best interests of the child so that even though the age of the Plaintiffs no longer meets the requirements of the legislation because they are more than 55 (fifty five) years old does not have to hinder the noble intentions of the Plaintiffs to adopt a child.
Perlindungan Hukum bagi Konsumen Marketplace terhadap Tidak Tercantumnya Berat Bersih dalam Produk Makanan Kemasan Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Eugenia Giovani Anggasta Putri Banggung; Siti Ramlah Usman; Helsina Fransiska Pello
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3010

Abstract

Along with technological developments, buying and selling transactions are also influenced by technological developments. In the past, buying and selling transactions were carried out in markets, shops, stalls, but nowadays sellers and buyers carry out buying and selling transactions online (e-commerce), one of which is the marketplace. The increasingly consumerist life of society in the era of globalization has resulted in reduced public awareness of the packaged food products they consume. There are problems that often arise regarding the inclusion of net weight. For example, business actors do not include net weight information on packaged food products. This problem is certainly detrimental to the public because they do not know the actual net weight of the food product. The main problems in this research are (1) What is the legal protection for marketplace consumers against packaged food products that do not include net weight? (2) What factors cause packaged food product businesses in the marketplace to not include net weight? This research is empirical juridical research, meaning that analyzing problems is carried out by combining legal materials which are secondary data with primary data obtained in the field. The legal sources and materials used are primary and secondary legal materials. The results of this research indicate that legal protection for marketplace consumers for packaged food products that do not include net weight according to Law Number 8 of 1999 has not been implemented which has different (varied) answers from consumers because some consumers say that there are still business actors who have not know about the rules for including net weight and from the Kupang City Industry and Trade Service itself which has never handled cases regarding business actors selling packaged food products that do not include net weight, in other words there have been no complaints.
Tanggung Jawab Pelaku Usaha terhadap Konsumen yang Mengalami Perbedaan Harga Antara Label Harga dan Harga Kasir di Tinjau dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen: (Studi Kasus di Toko Suba Suka, Kota Kupang) Cindy Sara Nauolim; Siti Ramlah Usman; Yossie M.Y. Jacob
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3045

Abstract

The price difference between the price tag and the cashier's price that occurs at Suba Suka Store is a form of violation of consumer rights, so that legal certainty is needed to protect the rights and obligations of consumers and business actors. The formulation of this research problem are: (a) How is legal protection for consumers who experience price differences between price tags and cashier's prices according to Law Number 8 of 1999 concerning Consumer Protection? (b) What is the responsibility of business actors regarding price differences between price tags and cashier's prices experienced by consumers at Suba Suka Store, Kupang City? The objectives of this research are: (a) To determine the legal protection for consumers who experience price differences based on Law Number 8 of 1999 concerning Consumer Protection; and (b) To determine the form of responsibility of business actors in handling the problem of price differences at Suba Suka Store in Kupang City. The results showed that (a) Legal protection for consumers who experience price differences is clearly regulated, but in its implementation based on existing provisions, it has not been carried out properly because there has been no complaint to be resolved directly by the authorized party, namely BPSK at the NTT Provincial Disperindag, so that when consumers file a complaint (b) the form of responsibility of the Suba Suka Store is to provide prices according to what is found by the store, the rest is the right of consumers to decide to continue or cancel the transaction. The conclusions in this paper are: (a) The legal protection provided has not been implemented properly because it has never been resolved by the authorized party, either directly or indirectly (b) errors in the price tag and cashier's price are things that need to be paid attention to again by the Suba Suka Store to become their full responsibility to solve the problem of price differences that occur. The author's suggestions (a) it is necessary to increase supervision and provide socialization about consumer protection (b) every business actor pays more attention to replacing price tags (c) consumers are expected to be smarter and increase awareness when they realize their rights are being violated (d) to further researchers so that they can continue this research to support this thesis.
Prosedur Perwalian, Hak dan Kewajiban Para Pihak Serta Faktor Penghambat dalam Pelaksanaan Perwalian Anak oleh Panti Asuhan Eugene Schmiz di Kelurahan Lewoleba Timur Berdasarkan Hukum Perdata Dewi Priska Nimanuho; Siti Ramlah Usman; Helsina F. Pello
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3046

Abstract

Guardianship is the authority in the maintenance and supervision of minors, who are not under the authority of their parents and the management of the objects or assets of the child that have been regulated by law. In the implementation of child guardianship there are procedures that regulate it, but in reality the Eugene Schmitz Orphanage implements the rules in its own way. The formulation of the problem: (1) What are the procedures for child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village based on civil law? (2) What are the rights and obligations of the parties in the implementation of child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village based on civil law? (3) What are the inhibiting factors in the implementation of child guardianship at the Eugene Schmitz Orphanage, Lewoleba Timur Village?. The objectives of this research are: (1) To Know the Procedure of Child Guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village Based on Civil Law. (2) To Know the Rights and Obligations of the Parties in the Implementation of Child Guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village Based on Civil Law. (3) To find out the inhibiting factors in the implementation of child guardianship at the Eugene Schmitz Orphanage in Lewoleba Timur Village. The benefit of this research is to add information for the government to better supervise guardianship procedures and add information to the public to find out the child guardianship procedure. The method used in this research is empirical juridical legal method. The results showed that: (1) The procedure for implementing child guardianship at the Eugene Schmitz Orphanage applies its own rules which are simple, straightforward, do not require a lot of money and do not require a long time so that both the orphanage management, caregivers and children who enter know about the procedure and help parents in the administrative process. (2) The rights and obligations of the parties to the Orphanage arise as a result of the responsibility for their respective roles, although it has been well implemented, in fact there are problems that arise resulting in unbalanced rights and obligations. (3) The inhibiting factors experienced in the implementation of guardianship are ignorance of guardianship procedures, lack of entry requirements and children who enter without biological parents. The conclusions in this study are (1) The child guardianship procedure at the Eugene Schmitz Orphanage does not apply the rules in accordance with the Provisions of the Law. (2) The rights and obligations of the parties are balanced as a result of responsibility for their respective roles. (3) The inhibiting factors in the implementation of guardianship are ignorance of procedures, lack of files/documents and unclear identity of the child. The author's suggestion is the need for socialization from the government to orphanage administrators and the community regarding child guardianship procedures in accordance with the provisions of the Law.
Tinjauan Hukum Islam Terhadap Praktik Jual Beli Air Susu Ibu (ASI) di Sekretariat Aimi Kecamatan Ujung Pandang Kota Makassar Sulawesi Selatan Aprilia Sri Muthmainnah; Siti Ramlah Usman; Yossie M. Y. Jacob
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3078

Abstract

The purpose of writing This For understand the review of Islamic law regarding the practice of buying and selling breast milk (ASI) in Ujung Pandang District, Makassar City. The theoretical benefit of this research is that it is hoped that this research can provide a useful contribution to the development of knowledge regarding the buying and selling of breast milk in society and the attitude of the government and religious figures towards the practice of buying and selling breast milk (ASI) in handling it and practically, it is hoped that this research can help provide ideas for the community and readers regarding the buying and selling of breast milk from the perspective of Islamic law. The research method is empirical juridical research. The results of this research show (1) An overview of Islamic law regarding the practice of buying and selling breast milk (ASI) in Makassar City, especially in Ujung Pandang District, namely that it should not allow buying and selling breast milk (ASI), because there are many disadvantages (damage/danger). Because the buying and selling of breast milk (ASI) which is carried out through the Indonesian Association of Breastfeeding Mothers (AIMI) does not have recorded data so the source of breast milk (ASI) is not clear between the sellers and buyers of breast milk (ASI). (2) Factors that influence the practice of buying and selling breast milk are as follows: 1. Economic factors, where the perpetrators of buying and selling breast milk (ASI) are breastfeeding mothers who are still young and some of them are not able to produce breast milk. (ASI) is good, where the perpetrators of buying and selling breast milk (ASI), especially respondents who sell breast milk (ASI), experience financial shortages, so they choose to sell breast milk (ASI) through the Indonesian Breastfeeding Mothers Association (AIMI). 2 the religious factor, which is due to a lack of education and support from the family so that many perpetrators of buying and selling breast milk (ASI) do not really understand the importance of religious knowledge in carrying out the practice of buying and selling breast milk (ASI). Conclusions of Writer are: (1) Overview Islamic law regarding practice sell buy breast milk (ASI) in Makassar City, especially in Ujung Pandang District , namely should No allow exists sell buy breast milk (ASI), because Lots harm ( damage / danger ). Suggestions from Writer are: (1) It is better not to breastfeed (ASI). bought and sold in a way illegal nor free. (2) Necessary exists supervision morestrict from institution government nor non- governmental institutions local about practice sell buy breast milk (ASI) so you don't happen.
Tinjauan Yuridis Tentang Penolakan Uang Logam Sebagai Alat Pembayaran dalam Transaksi Jual Beli oleh Pelaku Usaha (Kios) Ditinjau dari Undang-Undang Nomor 7 Tahun 2011 Tentang Mata Uang di Pasar Oeba Kelurahan Fatubesi Kecamatan Kota Lama Kota Kupang Abdullah Putra Nogo Mbele; Siti Ramlah Usman; 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.v2i3.3359

Abstract

The purpose of this study is to determine the factors that cause business actors (kiosks) to reject coins as a means of payment in sale and purchase transactions at Oeba Traditional Market, Fatubesi Urban Village, Kota Lama Subdistrict, Kupang City and the legal consequences of such rejection in terms of Law Number 7 of 2011 concerning Currency. The benefits of this research are to provide information and knowledge that enriches the study of law and as a consideration or input for the government and information for the community. This research is a type of empirical legal research. The results of this study show: (1) The factors causing business actors (kiosks) in Oeba Traditional Market to reject coins with denominations of Rp200.00 and Rp100.00 as a means of payment in sale and purchase transactions are community perception factors, refund factors, and practicality factors. (2) The legal consequences of this rejection in terms of Law Number 7 of 2011 concerning Currency are that the sale and purchase agreement can be cancelled because there is no agreement between the parties and the business actor (kiosk) can be punished. The conclusions of this study are (1) The factors causing business actors (kiosks) in Oeba Traditional Market to reject coins with denominations of Rp200.00 and Rp100.00, namely the public perception factor, the refund factor, and the practicality factor. (2) The legal consequences of the rejection are that the sale and purchase agreement can be cancelled and the business actor (kiosk) can be punished. Suggestions from the author are, for the government, it is expected to be more aggressive in conducting socialisation about money and for business actors (kiosks) and the public are expected to treat money properly.
Pelaksanaan Hak Pekerja Outsourcing Ditinjau dari Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan pada Bank Rakyat Indonesia Cabang Kalabahi Faradila Umayyah; Siti Ramlah Usman; Helsina Fransiska Pello
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3540

Abstract

Regional levies are a form of community participation in implementing regional autonomy. Regional levies are an important source of regional income to fund government administration and regional development. The problem faced by each region in general is that the collection of levies which is a component of Original Regional Income (PAD) has not been maximized. This researcher aims to understand the management of parking fees in increasing the regional income of the city of Kupang and the efforts made by the regional government of the city of Kuapang in optimizing the receipt of parking fees. This type of research is empirical research, using a qualitative approach method, where the researcher describes data from the results of observations and research that has been carried out in Kupang City. The data collection techniques used are interviews and observations, then descriptive analysis is carried out. Parking lot management to increase local revenue is carried out through planning, organizing, activating/implementing and supervising or controlling activities. Efforts to increase local revenue through parking fees by establishing regulations and policies relating to parking fees, enforcing regulations, increasing supervision, educating the public, and evaluating the management of parking fees. Suggestions for the government to pay more attention to regional levies, especially Kupang City regional parking levies, in making regulations, enforcing regulations and increasing awareness of parking fees and providing education to the community as well as periodic evaluations for parking managers and officers so that they are obedient in carrying out their duties in accordance with applicable regulations. with a full sense of responsibility, and for the community to comply with regulations regarding regional levies, especially Kupang City regional parking levies to increase local revenue.
Tanggung Jawab Pt Pegadaian Syariah terhadap Kehilangan Jaminan Atas Produk Arrum BPKB Pada PT. Pegadaian Syariah Kecamatan Oebobo Kota Kupang Rizan Rafsanjani S; Siti Ramlah Usman; 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.v2i2.1151

Abstract

The purpose of this research is to analyze the responsibility of PT. Pegadaian Syariah towards the loss of collateral for Arrum BPKB Products at PT. Pegadaian Syariah Oebobo District Kupang City. 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, secondary and tertiary data. The result of this research is that the responsibility of PT Pegadaian Syariah towards the loss of collateral for Arrum BPKB products at PT Pegadaian Syariah Oebobo District Kupang City, that the implementation of responsibility has been going well but is still not optimal regarding the implementation and responsibility services provided by PT Pegadaian Syariah Oebobo District Kupang City due to several factors. Factors that cause PT Pegadaian Syariah Oebobo Subdistrict Kupang City is not responsible for the loss of collateral for Arrum BPKB products at PT Pegadaian Syariah Oebobo Subdistrict Kupang City, namely if the loss of collateral for Arrum BPKB is caused by mistakes made by customers then PT Pegadaian Syariah Oebobo Subdistrict Kupang City is not responsible but if the loss of collateral for Arrum BPKB is caused by mistakes made by PT Pegadaian Syariah Oebobo Subdistrict Kupang City then PT Pegadaian Syariah Oebobo Subdistrict Kupang City is responsible for mistakes that occur.
Penerapan Asas Keadilan dalam Perjanjian Bagi Hasil Laut (Ikan) Antara Pemilik Kapal dan Anak Buah Kapal di Desa Lamahala Jaya Kecamatan Adonara Timur Kabupaten Flores Timur Takdir Abdurahman; Siti Ramlah Usman; Helsina Fransiska Pello
Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 2 (2024): Juni : 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.v2i2.1882

Abstract

The purpose of this research is to analyze the application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara District, East Flores Regency. 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, secondary and tertiary data. The results of this study suggest that: (1) The application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara Subdistrict, East Flores Regency which is carried out has been going well but is still not maximized in the distribution of results, many of the crew feel that the division is not evenly distributed due to the wages received are different. (2) The agreement is made orally (not written) so that it is detrimental to the crew because it does not have legal force in proving this is even more beneficial to the ship owner, the low productivity of the performance of the crew which affects the amount of wages received different from other crew members, increasing operational needs, the wages received by the crew can be low compared to the captain and ship owner.
Penerapan Asas Keadilan dalam Perjanjian Bagi Hasil Laut (Ikan) Antara Pemilik Kapal dan Anak Buah Kapal di Desa Lamahala Jaya Kecamatan Adonara Timur Kabupaten Flores Timur Takdir Abdurahman; Siti Ramlah Usman; Helsina Fransiska Pello
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): Juni : 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.v2i2.1882

Abstract

The purpose of this research is to analyze the application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara District, East Flores Regency. 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, secondary and tertiary data. The results of this study suggest that: (1) The application of the principle of justice in the agreement of marine profit sharing (fish) between the ship owner and the crew in Lamahala Jaya Village, East Adonara Subdistrict, East Flores Regency which is carried out has been going well but is still not maximized in the distribution of results, many of the crew feel that the division is not evenly distributed due to the wages received are different. (2) The agreement is made orally (not written) so that it is detrimental to the crew because it does not have legal force in proving this is even more beneficial to the ship owner, the low productivity of the performance of the crew which affects the amount of wages received different from other crew members, increasing operational needs, the wages received by the crew can be low compared to the captain and ship owner.