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All Journal Jurnal Komunikasi Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Ganesha Law Review Yuridika Jurnal Jurisprudence
Seguito Monteiro
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Law, Crime, Criminology & Criminal Justice Social Sciences

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PENYELESAIAN SENGKETA TANAH DI TIMOR LESTE OLEH DIRECÇÃO NACIONAL DE TERRAS, PRORIEDADES E SERVIÇOS CADASTRAIS (DNTPSC) DENGAN METODE MEDIASI BERDASARKAN LEI NU 1/2003 Duarte da Silva; Seguito Monteiro; José Agostinho da Costa Belo Pereira
Jurnal Komunikasi Hukum Vol 10 No 1 (2024): Februari, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v10i1.76089

Abstract

The problem of land disputes in Timor Leste is caused by a conflict between Article 54.4. which states that only national citizens have ownership rights to land and article 22 which states that, Timor Leste citizens who are or live abroad have the right to state protection in the exercise of their rights and will be subject to obligations that do not conflict with its absence in the country. Conflict creates a vacuum in norms so that disputes often occur over ownership of land rights. Timor Leste's National Land Agency, namely, Direcção Nacional de Terras, Propriedades e Serviços Cadastrais (DNTPSC) or the National Directorate of Land Services, Property and Cadastre, based on Article 17 of Law Number 1 of 2003 concerning Legal Regulations, has the authority to manage aspects land, such as land ownership rights for citizens as legal subjects, land management procedures, and institutions that handle land issues. In carrying out its duties relating to land and resolving land disputes, DNTPSC chooses a non-litigation resolution method, namely mediation. Article 2, Lei nu 1/2003 is the basis for the attribution of authority for the DNTPSC to carry out government duties in the land sector and resolve existing land disputes.
PERLINDUNGAN HUKUM TERHADAP PENCEMARAN LIMBAH DI PASAR MANLEUANA KOTA DILI TIMOR LESTE BERDASARKAN DECRETIO-LEI 26/2012 Fernando Dacosta; Elly Kristiani Purwendah; Seguito Monteiro
Ganesha Law Review Vol 6 No 1 (2024): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i1.3399

Abstract

The Manleuana market waste problem in Timor Leste requires serious attention, because it causes a decline in the quality of the environment, endangers human health, and causes flooding. The responsibility of the state constitution as stated in Article 3 of the 2002 Constitutional Law/RDTL states that the State is obliged to take action aimed at protecting the environment and maintaining sustainable economic development. The method used in this research is normative juridical with a statutory approval approach. The research results show that the state has provided legal protection for waste management in general, this provision is contained in Article 61 paragraph (1) which regulates the right to a humane, healthy, and ecologically balanced living environment and to improve it for the benefit of future generations. Special provisions (lex specialist) are contained in RDTL, Decretio–Lei 26/2012 as basic environmental law in Article 2 (2), Article 7 (1) and (2), as well as Articles 12 (1), (2), and (3), which regulate that the state is obliged to comply with the provisions of the constitution and applicable laws and is obliged to preserve, protect, and improve the environment and the importance of community participation. However, this special provision is still an umbrella provision for environmental protection in general, there are no specific provisions that regulate the technical aspects of waste management in Timor Leste.
PERAN DIRRECÇÃO TRANSPORTE TERRESTE DALAM MELAKSANAKAN PELAYANAN PUBLIK DOKUMEN KENDARAAN BERMOTOR DI KOTA MADYA BAUCAU, TIMOR LESTE Roberto da Cruz; José Agostinho da Costa Belo Pereira; Elly Kristiani Purwendah; Seguito Monteiro
Ganesha Law Review Vol 6 No 1 (2024): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i1.3401

Abstract

Public service is a process of helping other people in certain ways that require sensitivity and interpersonal relationships to create satisfaction and success. Services produce products, both in the form of goods and services. Public services have three important elements, namely, the service provider organization, the service recipient, namely the community and interested organizations, and the satisfaction received by the service recipient. An empirical juridical approach (non-doctrinal) method with secondary data is used to understand ideal public services, while primary data in the form of observations is needed to see how public services are carried out by the Direccão Transporte é Terrestes Municipal of Baucau Municipality. The research results show that the mechanism for providing motorized vehicle documents to the public consists of processing driving licenses and vehicle registration certificates. The obstacles faced by the Direccão Transporte é Terrestes Municipal Apparatus are the lack of human resources, office facilities, transportation, and human resources. The community as the recipient of services has not been provided with good services. The implementation of services by the Direccão Transporte é Terrestes Municipal apparatus is still not timely, responsive, and informative for the people receiving the services
PENEGAKAN DISIPLIN PELAKU PELANGGARAN KODE ETIK KEPOLISIAN NASIONAL TIMUR LESTE SEBAGAI WUJUD PEMBINAAN APARATUR KEPOLISIAN NEGARA YANG TAAT HUKUM Sabino Freitas; Seguito Monteiro; Jose Agostinho D.B.P; Elly Kristiani Purwendah
Ganesha Law Review Vol 6 No 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4210

Abstract

The enforcement of law carried out by the National Police of Timor-Leste in performing its state duties encompasses maintaining public security and order as a form of providing protection, guidance, and service to the community. This research aims to identify the factors causing members of the National Police of Timor-Leste in Baucau Municipality to abandon their duties and violate the code of ethics. The study employs an empirical juridical approach. The findings indicate that the application of sanctions for violations of the code of ethics within the National Police of Timor-Leste is based on prevailing laws and regulations. Over five years, punishments included verbal reprimands for 32 officers, written reprimands for 21 officers, and suspension from duty for 12 officers.
Legalization of Water Quality Standards as a Guarantee of Protection of the Right to Sustainable Life Putu Samawati; Suci Flambonita; Nashriana Nashriana; Seguito Monteiro
Nurani Vol 25 No 1 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i1.26329

Abstract

Water is essential for all forms of life, and its importance is also emphasized in Islamic teachings. The quality of water that is not guaranteed can affect health or even the validity of worship. Base on the problem, the existence of water becomes important, especially in efforts to ensure the hygiene of water quality standards in order to provide security for its users. The existence of water requires guaranteed protection from supply to distribution. In fact, it is not governed by strict regulations that ensure legal certainty. This study aims to describe the level of urgency of legalizing water and sanitation quality standards in the form of higher and legally binding regulations. Empirical legal methods by taking primary and secondary data sources in conducting problem analysis. Observations and interviews were conducted to obtain primary data, while secondary data was obtained from legislative and conceptual approach are used to strengthen arguments in ensuring that the concepts offered remain in the correct legal corridor. The findings show the inconsistency of the government in recognizing the existence of water that is important for life but the implementation of systematic quality standard supervision, even the application of sanctions for violators cannot be carried out because the legal instrument is only limited to the regulations of the Minister of Health. The need to establish regulations in the form of Government Regulations on water quality standards and sanitation is a crucial consideration for safeguarding public health and well-being.
TINJAUAN TENTANG SISTEM PEMBAGIAN HARTA WARISAN KEPADA PARA AHLI WARIS MENURUT HUKUM ADAT SUKU BAHU POSTO ADMINISTRATIVO BAUCAU (Studi Penelitian Suku Bahu) Celestina Gusmão; Seguito Monteiro
Jurnal Komunikasi Hukum Vol 8 No 2 (2022): Agustus, Jurnal Komunikasi Hukum
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/jkh.v8i2.51950

Abstract

The distribution of inheritance has customary inheritance requirements, namely: certainty of the death of the person who owns the property, certainty of the life of the heir when the heir dies, and knowing the causes of the status of each heir. The approach to writing this thesis is a cultural approach, which is to examine the position of each heir according to the customary law of the Bahu Tribe to obtain inheritance from the heir. New inheritance can be inherited to other parties if the testator has died, and the heirs or heirs who have the right and power to distribute the inheritance to their brothers and sisters are the first son, more entitled to regulate the inheritance left by the testator and distribute it to other heirs in accordance with existing procedures. The results of the study show that customary inheritance according to the Bahu tribal community, the heirs have the same rights, but boys and boys have higher rights than girls.
Legal Protection for Child Victims of Bullying from the Perspective of Child Protection Law Mayasari, Dian Ety; Atjengbharata, Andreas L.; Seguito Monteiro
Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i1.48032

Abstract

Legal protection for children has not been effective and there are still children who are victims of bullying. Bullying is an action that hurts the victim both physically and psychologically. The occurrence of bullying is a form of violation of children's rights which is regulated in the Child Protection Law, so perpetrators must be dealt with firmly by imposing criminal sanctions which are also regulated in the Child Protection Law. The purpose of this writing is to find out legal protection for children who are victims of bullying, especially repressive legal protection. It uses a normative juridical method that prioritizes primary legal material of the Child Protection Law. The final result   is that the regulation of criminal sanctions in the Child Protection Law is cumulative and there are regulations for minimum and maximum criminal threats, so that judges in giving decisions on criminal sanctions can be minimal. This lack of firmness in setting sanctions does not provide a deterrent effect for perpetrators and other people who continue to carry out bullying actions against children.
PERLINDUNGAN HUKUM TERHADAP PENCEMARAN LIMBAH DI PASAR MANLEUANA KOTA DILI TIMOR LESTE BERDASARKAN DECRETIO-LEI 26/2012 Fernando Dacosta; Elly Kristiani Purwendah; Seguito Monteiro
Ganesha Law Review Vol. 6 No. 1 (2024): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i1.3399

Abstract

The Manleuana market waste problem in Timor Leste requires serious attention, because it causes a decline in the quality of the environment, endangers human health, and causes flooding. The responsibility of the state constitution as stated in Article 3 of the 2002 Constitutional Law/RDTL states that the State is obliged to take action aimed at protecting the environment and maintaining sustainable economic development. The method used in this research is normative juridical with a statutory approval approach. The research results show that the state has provided legal protection for waste management in general, this provision is contained in Article 61 paragraph (1) which regulates the right to a humane, healthy, and ecologically balanced living environment and to improve it for the benefit of future generations. Special provisions (lex specialist) are contained in RDTL, Decretio–Lei 26/2012 as basic environmental law in Article 2 (2), Article 7 (1) and (2), as well as Articles 12 (1), (2), and (3), which regulate that the state is obliged to comply with the provisions of the constitution and applicable laws and is obliged to preserve, protect, and improve the environment and the importance of community participation. However, this special provision is still an umbrella provision for environmental protection in general, there are no specific provisions that regulate the technical aspects of waste management in Timor Leste.
PERAN DIRRECÇÃO TRANSPORTE TERRESTE DALAM MELAKSANAKAN PELAYANAN PUBLIK DOKUMEN KENDARAAN BERMOTOR DI KOTA MADYA BAUCAU, TIMOR LESTE Roberto da Cruz; José Agostinho da Costa Belo Pereira; Elly Kristiani Purwendah; Seguito Monteiro
Ganesha Law Review Vol. 6 No. 1 (2024): May
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i1.3401

Abstract

Public service is a process of helping other people in certain ways that require sensitivity and interpersonal relationships to create satisfaction and success. Services produce products, both in the form of goods and services. Public services have three important elements, namely, the service provider organization, the service recipient, namely the community and interested organizations, and the satisfaction received by the service recipient. An empirical juridical approach (non-doctrinal) method with secondary data is used to understand ideal public services, while primary data in the form of observations is needed to see how public services are carried out by the Direccão Transporte é Terrestes Municipal of Baucau Municipality. The research results show that the mechanism for providing motorized vehicle documents to the public consists of processing driving licenses and vehicle registration certificates. The obstacles faced by the Direccão Transporte é Terrestes Municipal Apparatus are the lack of human resources, office facilities, transportation, and human resources. The community as the recipient of services has not been provided with good services. The implementation of services by the Direccão Transporte é Terrestes Municipal apparatus is still not timely, responsive, and informative for the people receiving the services
PENEGAKAN DISIPLIN PELAKU PELANGGARAN KODE ETIK KEPOLISIAN NASIONAL TIMUR LESTE SEBAGAI WUJUD PEMBINAAN APARATUR KEPOLISIAN NEGARA YANG TAAT HUKUM Sabino Freitas; Seguito Monteiro; Jose Agostinho D.B.P; Elly Kristiani Purwendah
Ganesha Law Review Vol. 6 No. 2 (2024): November
Publisher : Program Studi Ilmu Hukum, Jurusan Hukum dan Kewarganegaraan, Fakultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23887/glr.v6i2.4210

Abstract

The enforcement of law carried out by the National Police of Timor-Leste in performing its state duties encompasses maintaining public security and order as a form of providing protection, guidance, and service to the community. This research aims to identify the factors causing members of the National Police of Timor-Leste in Baucau Municipality to abandon their duties and violate the code of ethics. The study employs an empirical juridical approach. The findings indicate that the application of sanctions for violations of the code of ethics within the National Police of Timor-Leste is based on prevailing laws and regulations. Over five years, punishments included verbal reprimands for 32 officers, written reprimands for 21 officers, and suspension from duty for 12 officers.
Co-Authors Atjengbharata, Andreas L. Celestina Gusmão Dian Ety Mayasari Duarte da Silva Elly Kristiani Purwendah Fernando Dacosta Flambonita, Suci Jose Agostinho D.B.P José Agostinho da Costa Belo Pereira Laode Muhammad Taufiq Afoeli Mouzinho T.Correia Muhammad Ali Nashriana Nashriana Putu Samawati R.S. Rakia, A. Sakti Roberto da Cruz Sabino Freitas Tomás Pinto Gusmão Wahab Aznul Hidaya