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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Hukum dan Sosial Politik Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Politika Progresif : Jurnal Hukum, Politik dan Humaniora Referendum
Sukardan Aloysius
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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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 : 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.v1i4.1438

Abstract

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 : 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.
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 : 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.v2i2.1842

Abstract

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 : 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.v2i2.1844

Abstract

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.
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.
Perlindungan Hukum Terhadap Hak Kekayaan Intelektual Kain Tenun di Kabupaten Nagekeo Ditinjau dari Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis Zenobius Dhegha Dhae; Sukardan Aloysius; Yossie Maria Y. Jacob
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.v3i3.3907

Abstract

The purpose of this research is to analyze the legal protection of intellectual property rights of woven fabrics in Nagekeo Regency in terms of Law Number 20 of 2016 concerning trademarks and geographical indications. This type of research is Empirical Legal research, the type of data used in this research is qualitative descriptive data. The data used in the study based on the relevance of the source data, namely primary and secondary data. The results of this study suggest that: (1) The legal protection of the Weaving Craftsmen Group through the Nagekeo Weaving Geographical Indication Protection Society is that the community must immediately register the Nagekeo Ikat Weaving to the Ministry of Law and Human Rights to obtain legal protection, the protection of the Nagekeo Ikat Weaving uses law number 20 of 2016 concerning Trademarks and Geographical Indications. (2) the obstacles are low human resources, the complexity of the registration process, the lack of registration facilities that make the level of awareness of the importance of legal protection of woven fabrics will decrease. The people of Nagekeo Regency expect that this regional superior product of Tenun Ikat Nagekeo will receive legal protection from unauthorized use or counterfeiting of Tenun Ikat Nagekeo in the form of Geographical Indications.
Kepastian Hak Perorangan dalam Proses Pendaftaran Tanah di Kecamatan Ruteng Kabupaten Manggarai Arsenius Nggebok; Sukardan Aloysius; Petronius Damat
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.v3i4.4331

Abstract

The purpose of this research is to analyze the certainty of individual rights in the land registration process in Ruteng District, Manggarai Regency. In this research, empirical juridical research is used. The approach used in this research is the statute approach. The types and sources of data in this research are primary data and secondary data. Respondents in this research are the Head of Ruteng Sub-district, the Head of Meler Village, Ruteng Sub-district, and the people of Ruteng Sub-district. Data collection techniques are field study and literature study. The result of this research is that in the implementation of land registration in Ruteng Subdistrict, Manggarai Regency, in reality not all of them have been registered, especially in Meler Village, Ruteng Subdistrict, Manggarai Regency, there are 732 people who have registered their land rights out of 2,865 residents. This is due to obstacles faced by the government related to the lack of response from the community. The obstacles that occur in the process of land registration in Rureng District, Manggarai Regency include: Lack of public knowledge about the importance of land registration, Lack of public understanding of the functions and uses of certificates, Public perception that land registration is expensive, Perception that the process of obtaining certificates takes a long time, Disputes between land owners, Assumption that the basis of land rights owned is strong, Errors in the process of measuring land to be registered.
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.
Kedudukan Tu’a Teno Gendang Curu terhadap Peralihan Hak Ulayat atas Tanah Lingko (Tanah Ulayat) menjadi Hak Privat Hendrikus Andi Bagus; Sukardan Aloysius; 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.v2i2.1748

Abstract

The purpose of this research is to determine the position of Tu’a Teno Gendang Curu regarding the transition of indigenous land rights over Tanah Lingko (Customary Land) to private ownership and to understand the legal consequences of the transfer of indigenous land rights over Lingko (Customary Land) to private ownership. This study is an empirical legal research that employs an approach involving interviews as the primary source of data and literature review, including books, regulations, and other scholarly writings related to this research. The conclusions drawn from this research include, firstly, the division of Gendang Curu's Lingko marks the beginning of the transfer of rights over customary land. In a broader context, this division reflects customary legal actions in jointly managing land resources. However, in a more specific context, the division of Lingko also signifies the individual management of land for collective purposes, where the control over the managed land becomes an individual right. The transfer of customary rights is considered a preliminary step towards privatizing land rights, acknowledged by Gendang Curu's customary law through the sanctioned division of Lingko by Tu’a Teno. Secondly, the transfer of indigenous land rights over Lingko to private ownership by Tu’a Teno Gendang Curu weakens indigenous rights and strengthens individual rights. This opens up opportunities for various legal actions such as land transactions, donations, and inheritance, culminating in land registration to ensure legal certainty. However, the consequence of this process is the loss of Tu’a Teno's position and role as the manager of customary land. Tu’a Teno will only serve as a witness in case of land disputes.
Kajian Yuridis Perkawinan Adat Cako pada Masyarakat Hukum Adat Desa Cumbi Kabupaten Manggarai Ditinjau dari Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Yohanes Patrick; Sukardan Aloysius; Orpa Juliana Nubatonis
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.v2i2.1749

Abstract

The aim of this research is to determine the factors that drive the people in Cumbi Village, Manggarai Regency, to perform Cako customary marriages, to understand the process of Cako customary marriage in the traditional community of Cumbi Village, and to ascertain the validity of Cako customary marriages in the customary law of Cumbi Village, Manggarai Regency, in accordance with Law Number 1 of 1974 concerning Marriage. This study is an empirical legal research using an approach involving interviews as primary data sources and literature reviews, including books, regulations, and other scholarly writings related to the research. The conclusions of this study include, among others: Firstly, Cako customary marriages conducted in Cumbi Village are motivated by several factors, such as strengthening family ties, arranged by parents, preventing inheritance from shifting or dividing along other bloodlines, proximity of residence, lighter financial burden (belis), and preserving the Manggarai culture, as Cako customary marriages are part of Manggarai culture. Secondly, the procedure for Cako customary marriage in Cumbi Village begins with the Kamba Lembor Cako ceremony. The Cako marriage procedure is then followed by the courtship or weda rewa tuke mbaru stage. Subsequently, the event continues with the implementation of the marriage or cikat kina waga kaba. The last procedure is the escorting of the bride to the groom's house. Thirdly, Cako customary marriages in Cumbi Village can still be conducted in accordance with the customary law of Cumbi Village as long as they do not contradict positive law. Additionally, the Catholic Church, by providing dispensations for couples with blood relationship hindrances, can be a way for Cako customary marriages to be legally valid both religiously and according to positive legal regulations.
Co-Authors Agustinus Hedewata Arsenius Nggebok Darius Mauritsius Dio Afriyanto Minta Exshel Benyamin Pou Hendrikus Andi Bagus Husni Kusuma Dinata Lidia Anjelina Laos Maria Anne Febriani Tambuk Maria Febrianti Jesika Tanur Maria Marliana Nona Yeti Matilda Fidrisa Anggun Matilde Ayu Jehuru Orpa Juliana Nubatonis Paulus Manggala Putera Pandie Paulus Pora Putra Fajar Petornius Damat Petronius Damat Reynaldo Allendro Lomanledo Romualdo Erlangga B Kosad Putra Yohanes Patrick Yossie Maria Yulianti Jacob Zenobius Dhegha Dhae