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Kesadaran Hukum tentang Perkawinan Tungku Cu (Perkawinan Sedarah) di Kampung Timung, Desa Golo Cador Kecamatan Wae Ri’i, Kabupaten Manggarai Maria Febrianti Jesika Tanur; Sukardan Aloysius; Orpa Juliana Nubatonis
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : 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.v2i2.2869

Furnace cu marriage is a marriage carried out between the daughter of a brother and the son of a biological sister. The marriage of the furnace cu has been carried out since ancient times so that it is carried out from generation to generation by the people of Timung Village. This marriage is an incestuous marriage prohibited in Law Number 1 of 1974 concerning Marriage in Article 8b. At the time the marriage law came into force in 1974, there were still those who carried out cu furnace marriages (inbreeding). The formulation of the problem from the research is: How is the legal awareness of the people of Kampung Timung, regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974 concerning Marriage? And How is the existence of the furnace cu marriage in Timung Village at this time? The purpose of this study is to determine the legal awareness of the people of Timung Village regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974. The second purpose is to find out the existence or existence of the cu furnace marriage in Timung Village at this time. The type of research used in this study is a type of empirical legal research. The data sources used in this study are primary data and secondary data. Data processing and analysis techniques, namely editing, coding, data systematization, then the data obtained both primary and secondary data will be processed and analyzed by researchers based on problem formulations. Based on the results of research that researchers have conducted, legal awareness of the Timung Village Community is still low because the Timung Village Community does not know and understand that cu furnace marriage (incestuous marriage) is prohibited in the Marriage Law, so that after the Marriage Law has come into effect in 1974 the Timung Village community still practices cu furnace marriage until 2005. The legal awareness of the Timung Village Community after the Marriage Law came into effect in 1974 against the ban on marriage was caused by several factors such as, customary factors, low level of education, compulsion due to arranged marriages by parents, lack of legal counseling from the government regarding the prohibition of marriage contained in Law Number 1 of 1974 concerning Marriage. The existence of furnace cu marriages at this time, is rarely found and has begun to fade, influenced by several factors such as bans from the church, fear that offspring will be born defective, the influence of social media.

Faktor Penyebab dan Penanggulangan Pelanggaran Izin Trayek di Kabupaten Manggarai Maria Anne Febriani Tambuk; Sukardan Aloysius; Darius Mauritsius
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.734

The purpose of this research is to analyse the factors causing and overcoming violations of route permits in Manggarai Regency. This research is an empirical juridical research, which uses primary data sources, namely field research with interview methods to sources with an interest in this paper and secondary. Based on the results of the research, the factors causing violations of route permits by the Department of Transportation of Manggarai Regency are divided into three, namely government factors, namely the lack of honorary staff in the terminal; vehicle business factors (owners and drivers) caused by economic factors, administrative factors, intense competition between transport drivers; community factors that do not obey government regulations. Countermeasures are supervision and inspection by means of routine supervision and inspection, sudden and quarterly inspections; granting permits with special conditions, monitoring and evaluation; permit scoping. Law enforcement is preventive and repressive.

Perlindungan Hukum bagi Konsumen dalam Pencantuman Label Pangan menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Paulus Manggala Putera Pandie; Sukardan Aloysius
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 1 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i1.899

The purpose of this research is to analyze the legal protection for consumers in the inclusion of food labels according to Law Number 8 of 1999 concerning consumer protection. This research is an empirical juridical research. This research framework departs from the conception of the law on consumer protection which contains legal protection for consumers in the inclusion of food labels according to Law No. 8 on consumer protection. This research is an empirical juridical research on five resource persons. The data is analyzed descriptively-qualitatively. Based on the results of the research, the criteria for food label violations according to Law Number 8 of 1999 concerning consumer protection are label falsification, false information, expiration, incomplete labels, inappropriate quality, unsubstantial health claims, illegal labels, lack of compliance with regulations, and health hazards. Legal protection for consumers in food labeling violations according to Law No. 8/1999 on consumer protection, which aims to protect the rights and interests of consumers and encourage healthy and fair business practices. Violation of this law can result in legal action and sanctions against business actors who violate consumer rights. If you have a problem or dispute as a consumer, you can utilize the mechanisms provided in this Act to protect consumer rights.

Aspek Hukum Penggunaan Jasa Pihak Ketiga (Debt Collector) oleh Pihak Leasing Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor. 35 Tahun 2018 dalam Upaya Penagihan Kendaraan Roda Dua terhadap Debitur yang Melakukan Wanprestasi Exshel Benyamin Pou; Sukardan Aloysius; Yossie M. Y. Jacob
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.v2i2.1210

The purpose of this study is to analyze the legal aspects of the use of third party services (debt collectors) by leasing parties based on Financial Services Authority Regulation No. 35/2018 in efforts to collect two-wheeled vehicles against debtors in default. 35/2018 in efforts to collect two-wheeled vehicles against debtors who make defaults The type of research in this study is normative legal research. The research in question is research that has characteristics including gaps in legal norna / principles, does not use hypotheses, uses theoretical foundations / theoretical studies and uses legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that: (1) The position of debt collectors in the leasing company is as a collection officer not an execution officer, execution can only be carried out by a bailiff with a court decision as in Article 32 of the Fiduciary Guarantee Law paragraph (2). The legal relationship between debt collectors (collection service companies) and creditors, namely debt collectors when carrying out their duties, act based on the power of attorney given by the finance company to the debt collector to collect or collect collateral objects from debtors. Likewise, in POJK No.35/2018 article 50 Financing Companies can cooperate with other parties to carry out collection functions to Debtors. (2) The legal consequences of withdrawing motorized vehicles against debt collectors, debt collectors will be held criminally liable and sentenced to criminal sanctions as stipulated in the Criminal Code as criminal law in Indonesia if the implementation is not in accordance with procedures, as well as the creditor in this case leasing can be sued by the debtor and ask to compensate civilly for the act of withdrawing motorized vehicles by debt collectors if the withdrawal has violated existing provisions and violated the agreement agreed upon by the creditor and the debtor. However, if the implementation is in accordance with the procedure, it must be protected in accordance with applicable laws.

Perspektif Capu Reke (Batal Nikah) Setelah Paluk Kila (Tukar Cincin) dalam Hukum Adat Perkawinan Manggarai Matilda Fidrisa Anggun; Sukardan Aloysius; 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.v2i2.1225

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.

Prinsip Kehati-Hatian Serta Akibat Hukum Dalam Penerbitan Sertifikat Hak Milik Atas Tanah Oleh Kantor Pertanahan Kabupaten Kupang Reynaldo Allendro Lomanledo; Sukardan Aloysius; Husni Kusuma Dinata
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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.v1i4.1438

Land issue is a problem due to the existence of land that has great value in human life often gives birth to problems, in order to avoid the increasing number of problems that occur, the state is obliged to provide legal certainty on the right of ownership of land for the community.Research using empirical juridical research. The framework of this research set out with the conception of the land law which contains the principle of prudence in the issuance of certificates and their legal consequences in order to conclude a solution for the Kupang District Land Office in terms of issuing certificates in accordance with the provisions and principles attached. Based on the results of research and discussion, it can be seen that in terms of Administration, every community service has Terms and conditions and prohibitions. The precautionary principle applied by the Kupang regency Land Office in the legal aspects of the application of legislation must be in accordance with the conditions served as a responsibility. The legal consequences that can be caused if the precautionary principle is not applied in the issuance of certificates at the Kupang regency Land Office will result in a lack of responsibility in the process of Public Service which can be fatal in the application of laws and principles in the issuance of land certificates.

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

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.

Eksistensi Hukum Tanah Lingko Mbehal di Wilayah Administrasi Kecamatan Boleng Kabupaten Manggarai Barat Matilde Ayu Jehuru; Sukardan Aloysius; Petornius Damat
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.v2i2.1842

The purpose of this research is to analyze the legal existence of Lingko Mbehal land in the administrative area of Boleng District, West Manggarai Regency. The type of research used by the author is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitatively. Based on the results of the research, the structure of the mbehal customary functionaries now consists of: tua golo, tua gendang and tua batu The loss of tua pasa and penggawa is due to the fact that the lingko or customary land in mbehal has become private land or property rights. Due to the belief of the mbehal indigenous people, the existence of the lingko means that the tua pasa and penggawa also exist, because the duties of the two customary functionaries are closely related to land. the current implementation of the functions of the mbehal customary functionaries are: First, Tua Gendang functions as the head of the traditional house. Secondly, Tua Golo usually leads nempung or joint deliberations. Thirdly, Tua Pasa only functions when clearing land. Fourth, the penggawa is responsible for distributing the lingko to the community because Tua Pasa is only responsible for clearing the land. Finally, Tua Batu functions as the head of the family at the branch family level. The legal position of lingko mbehal land is: Firstly, the opening of lingko mbehal has several stages, namely nempung (deliberation), preparation for the division of the lingko (haju pasa and tuak bongko), implementation of the lingko lodok (teing hang/torok manuk, weri haju pasa and division of the lingko. Secondly, when planting, materials such as manuk sepang, manuk bakok and manuk welu are prepared. During the harvest season, the mbehal community calls it "uma randang dara wini latung". Thirdly, the Mbehal Lingko consists of two types of Lingko, namely religious Lingko and randang Lingko.

Implikasi Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012 terhadap Pengaturan Hutan Adat dan Dampaknya terhadap Hak Masyarakat Adat Paulus Pora Putra Fajar; Sukardan Aloysius; Husni Kusuma Dinata
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.v2i2.1844

The Constitutional Court's decision confirms that customary forests are no longer state forests. This decision concerns two issues, namely, regarding customary forests and conditional recognition of the existence of indigenous communities. Legal issues, what are the implications of the Constitutional Court's decision on the regulation of customary forests and its impact on the rights of customary law communities. Aims to determine the implications of the Constitutional Court's decision on customary forest regulation and its impact on the rights of customary law communities. Types of normative research. Library study data collection techniques. The types of approaches are the statutory approach, contextual approach, historical approach, comparative approach and analytical approach. Using primary and secondary legal materials. Qualitative descriptive analysis. The research results show that Constitutional Court Decision has implications for forestry regulation in the form of creating implementing regulations governing customary forests that have developed significantly. The impact of the decision on customary law communities is, namely, the positive impact, customary law communities are recognized as owners of customary forests and the negative impact, the conditionality of recognition of the existence of customary law communities is increasingly strengthened.

Pembagian Harta Akibat Perebutan Antara Ahli Waris Ditinjau Dari Perspektif Hukum Adat Suku Sikka Krowe, Kecamatan Bola, Kabupaten Sikka Maria Marliana Nona Yeti; Sukardan Aloysius; Darius Mauritsius
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.351

Inheritance is wealth which can be a collection of assets and liabilities from the heir which is transferred to the heirs. In inheritance law, a principle applies, namely that if an heir dies then by law his rights and obligations immediately pass to his heirs. The division of inherited assets can have legal impacts in society which occurred in the Sikka Krowe Tribe community, specifically in Klotong Hamlet, Bura Bekor Village, Bola District, Sikka Regency between disputed heirs. The problem formulation of this research is 1. What are the reasons for the struggle between heirs? 2. What is the process for resolving property disputes between heirs? And 3. How is the distribution of assets resulting from struggles between heirs viewed from the customary law of the Sikka Krowe tribe, Bola District, Sikka Regency? This research is empirical legal research. The data sources in this research are primary and secondary data sources. Data management and analysis techniques are editing, classification and description, then the data obtained, both primary and secondary data, will be processed and analyzed by researchers based on the problem formulation. Based on the research results, the reason why there is a struggle between heirs in inherited land disputes is that the family does not know the exact status of ownership of the inherited land and the factor of poor communication between the two parties. Settlement of disputes or disputes Done through utun omok (gathering to find a way out) includes: presenting family parties, deliberation or mediation (kula babong), decision making, settlement and returning decisions to the parties in dispute. Distribution of land inheritance using a patrilineal kinship system, namely distribution that is directly given to sons as the main heirs and gets more inheritance.

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