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All Journal Cerdika: Jurnal Ilmiah Indonesia Jurnal Hukum Bisnis Artemis Law Journal Petitum Law Journal Indonesian Journal of Economic & Management Sciences (IJEMS)
Hedewata, Agustinus
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Kedudukan Tokoh Adat Mosalaki Dalam Penyelesaian Perkawinan paru ndu (lari ikut) Pada Masyarakat Lio Mego Di Desa Koro Bhera Kecamatan Mego Kabupaten Sikka Dakosta, Krisfal Dian Bin Boy; Hedewata, Agustinus; Dinata, Husni Kusuma
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13730

Abstract

This research is motivated by the findings of researchers in Koro Bhera Village that there is still a lot of practice of Paru ndu or running along with young couples who want to get married, but do not get the blessing of the woman's family due to several factors and choose to marry in the Paru ndu or running way. follow. The aim of this research is to find out the factors that cause Paru ndu (running along) marriages, what is the role of Mosalaki in the process of resolving Paru ndu marriages, and what are the legal consequences of carrying out Paru ndu (running along) marriages. The method used in this research is qualitative research, while using an empirical juridical approach. The data collection techniques used were interviews, observation and documentation. The theory used to analyze is the definition of the traditional figure Mosalaki Lio Mego, the definition of marriage according to Law No. 1 of 1974, marriage according to customary law, lung ndu marriage (running along). Based on the results of research conducted by researchers, there are several factors that cause people to do Paru ndu (running along), namely, the factor of not getting parental approval, the financing factor, and the pregnancy factor. The position of Mosalaki Traditional Leader Lio Mego is as a mediator. Mosalaki helped mediate between the two parties, providing views and advice, and pushing for a peace agreement. However, if the marriage is agreed to without objection from both parties, Mosalaki's role becomes less significant, and settlement will be carried out within each family. The legal consequence of a Paru ndu (running along) marriage is that there is scorn and social stigma towards couples who enter into a lung ndu marriage. This social ridicule and stigma can cause psychological and emotional pressure on the couple, and can complicate their adjustment process in the social environment.
Kekuatan Mengikat dan Alasan Para Pihak Menggunakan Suatu Bentuk Perjanjian Dalam Mengawali Hubungan Kerja di Kota Kupang Lay Hire Wake, Raynaldi; Hedewata, Agustinus; Jacob, Yossie M Y
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.14818

Abstract

The employment agreement, whether in written or oral form, holds significant benefits for the parties involved. This should be recognized because a well-made and adhered-to-employment agreement can create a peaceful work environment, guaranteeing rights and obligations for both workers and employers. Consequently, the company's productivity increases, and it can further open up new job opportunities. From the above description, the main issues are as follows: (1) What is the binding force and legal consequences of an employment agreement in terms of its form in the employment relationship in Kupang city? (2) Why do the parties use a particular form of agreement in the employment relationship in Kupang city? The purpose of this study is to determine the binding force and legal consequences of an employment agreement in terms of its form in the employment relationship in Kupang City. To find out the reasons why the parties use a particular form of agreement in the employment relationship in Kupang City. The research results prove that the binding force of an employment agreement in initiating an employment relationship in Kupang city is no different between oral and written agreements, as long as the agreement made complies with the legal requirements of a valid agreement as emphasized in Article 1230 of the Civil Code. The legal consequences of using both forms of employment agreements are equally binding on the parties according to the agreement's content. The issue arises when there is a conflict of interest between the parties; oral agreements will have a negative legal consequence in terms of proof, whereas written agreements can ensure legal certainty from the time the agreement is made until its termination. On the other hand, the reason the parties choose a written agreement to initiate an employment relationship in Kupang City is that a written agreement provides more certainty for the parties, whereas oral agreements are chosen more for practical reasons, saving time and costs. In general, this paper concludes that the binding force, legal consequences, and any form of employment agreement are the same as long as the parties are honest, especially during conflicts. The parties' choice of a particular form of agreement also has logical, practical, and legal certainty reasons.
Pelaksanaan Eksekusi Barang Jaminan Pada PT. Nusa Surya Ciptadana Cabang Soe Dalam Perspektif Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Selan, Dicky Kolodikson; Hedewata, Agustinus; Dinata, Husni Kusuma
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16207

Abstract

Consumer financing is an agreement between a finance company and a consumer. The existence of financing institutions in legislation number 42 of 1999 in relation to the provision of guarantees if consumers or debtors neglect obligations or default creditors can carry out execution of fiduciary collateral objects. However, in practice, in making withdrawals and sales, there is still often legal uncertainty and balance between the debtor's rights and creditors' benefits from the results of the execution of fiduciary guarantees. The benefit of the research is as a reference for writers and information for the public regarding the process of executing collateral, especially fiduciary guarantees. The results of this study show that the legal consequences that arise are that debtors who default due to creditor agreements have the right to take collateral and sell under the hands without the debtor's knowledge and are not notified of the proceeds of the sale of collateral resulting in legal uncertainty and imbalance between the debtor's rights and the benefits obtained by creditors.
PENERAPAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS TERHADAP PEREDARAN MEREK MOKE DI KOTA KUPANG Salle Wena, Yohanes De La; Aloysius, Sukardan; Hedewata, Agustinus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13357

Abstract

Brand is a sign to identify the origin of goods and services (an indication of origin) of a company with the goods and / or services of other companies. Moke is a typical drink from the island of Flores made from siwalan (palm tree) and enau plants. This drink has many names such as sopi, dewe, and moke. But the most familiar and characteristic name of Flores Island is moke. This research is an empirical juridical research, located in Kupang City, The aspects studied in this study are: a) Factors that cause low registration of traditional Moke beverage brands in Kupang City b) Procedures for registering trademark rights of traditional Moke Moke drinks in Kupang City. Data Types and Sources consist of primary and secondary data with data collection techniques, namely by means of interviews and questionnaires, then the data is obtained and analyzed in a qualitative descriptive manner. The main problems in this study are a) What are the factors that cause the low registration of traditional Moke beverage brands in Kupang City? b) What is the procedure for registering trademark rights for traditional moke Moke drinks in Kupang City? The purpose of this study is to determine the factors that cause the low registration of traditional Moke beverage brands in Kupang City and the procedure for registering Moke Moke traditional beverage trademark rights in Kupang City. The results showed that the factors causing the low registration of moke marks in Kupang city were due to the lack of public knowledge about trademark registration, the assumption factor that the mark does not need to be registered, the readiness factor of the community to register its mark, the class determination factor, the expensive factor of trademark registration fees and the assumption that the moke brand liquor is still small and the trademark registration procedure in Kupang city has been regulated in Law No. 20 years 2016 in article 4 of the Trademark Registration Facility Procedure. The trademark registration procedure is very easy and not difficult. Moke brand registration requirements are the first required applicant's personal data, namely name, address, email, cellphone number and the second is needed brand logo or commonly called brand etiquette. After the data is collected, the billing code is printed and paid to the bank, after paying at the bank, it is immediately processed in the application. The advice in this study is that it is expected for producers who own traditional liquor brands to be able to register trademarks with IPR in order to obtain legal protection, so that others cannot misuse existing brands. And it is also expected that the government, especially in this case IPR which handles trademark registration, can socialize the importance of trademark registration, both for these individuals and for others.
KEDUDUKAN ANAK LUAR KAWIN (BUI PA KEPUE) MENURUT HUKUM ADAT SABU DI KECAMATAN SABU TIMUR, KABUPATEN SABU-RAIJUA Soruh, Dewiner E. C; Hedewata, Agustinus; Mauritsius, Darius
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13373

Abstract

The position of children out of wedlock is governed by various legal backgrounds one of them is customary law. In a community or tribal group, there is certainly an unwritten law or what is called customary law. One of them is the Sabu-Raijua District, East Nusa Tenggara Province. Thus the tribe has regulations or customary laws governing children out of wedlock that apply in the tribe. The main problem in this thesis are: (1) What is the position of children out of wedlock (bui pa kepue) according to Sabu customary law in East Sabu Sub-district, Sabu-Raijua District? (2) How is the implementation of the mother for children out of wedlock (bui pa kepue) according to gray customary law? This research is an empirical legal research carried out in Kudjiratu village,east Sabu Sub-district, Sabu-Raijua Distric. This research uses primary data and secondary data. Data collection techniques using interview techniques, document, observation. Data was analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen: (1) Based on the results of interviews with the customary head in kudjiratu village that the position of children out of wedlock (bui pa kepue) according to the customary law of Sabu in East Sabu Sub-district is considered special and different from children out of wedlock in general because the child (bui pa kepue) is considered the direct child in the family or the youngest child, the position is equal to that of the son of his mother’s brother. (2) The implementation of the mother’s responsibility for children out of wedlock (bui pa kepue) is that the mother’s family is appointed as the child of the mother’s parents so that the full responsibility is borne by the mother and her family.
KEDUDUKAN ISTRI DALAM RUMAH TANGGA DI TINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (STUDI KASUS DI DESA WEWIT KECAMATAN ADONARA TENGAH) Amir, Ariyansa; Hedewata, Agustinus; Pello, Helsina Fransiska
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13444

Abstract

This research aims to find out how the wife's position in the household in Wewit Village, Central Adonara District, in terms of Law Number 1 of 1974 concerning Marriage and what are the legal consequences of the position of the wife's rights and obligations in the household in Wewit Village, Adonara District Currently being reviewed is Law Number 1 of 1974 concerning marriage. The research method used by researchers is a type of empirical research, namely research carried out directly in the field, namely by engaging directly with participants, which is related to the formulation of the research problem being studied. The data sources used are the legal sources and materials used are primary legal materials and secondary legal materials. The results of the research show that 1) the position of the wife in the tanges household is equal or balanced with the husband, the rights and obligations of the wife in the household are to earn a living physically and mentally, take care of the household as well as possible, get a dowry, have the right to good treatment from her husband, obey husband's orders and serves the husband's biological needs. 2) the legal consequences of the position of the wife's rights and obligations in the household, namely that the husband may file for divorce (one) if the wife's rights and obligations are not carried out in the household and vice versa, the wife can also file a divorce suit against the husband if the husband does not carry out his rights and obligations properly. Good. The husband must give a warning (tauji) to the wife to immediately change her attitude in carrying out her duties as a wife in the household.
DINAMIKA TUNTUTAN BSELIS SAAT PERKAWINAN DAN DAMPAK HUKUM NYA DALAM MASYARAKAT DI DUSUN OENOH DESA OEBAFOK KECAMATAN ROTE BARAT DAYA KABUPATEN ROTE NDAO Ndun, Yoran Viktor; Hedewata, Agustinus; Aloysius, Sukardan
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13510

Abstract

The dynamics of belis demands during marriage in the community in Oen oh Hamlet. Oebafok Village, Rote Ndao Sub-district, that is, that in ancient times if the belis did not comply with the agreement then the marriage or marriage was annulled. If it is completed according to the agreement of the two extended families or the two families who will carry out the marriage, the marriage will take place. But in this day and age there began to be a world of education, and slowly the community has begun to understand and no longer want to burden their children, so there are no longer demands when something is not in accordance with the agreement then there is only a discussion between the two families concerned. So there are no more fines or dynamics on belis demands that often occur. This research is an empirical legal research method with direct data collection techniques at the research site and conducting interviews with four respondents. The data were analyzed in a qualitative descriptive manner.The results of this study show that: (1) In ancient times if the belis was not in accordance with the agreement then the marriage was annulled. If it is completed according to the agreement of the two extended families, the marriage takes place. (2) If you do not meet the belis, you will be subject to a fine in the form of Mai, which means that one Mai has a nominal value of five million, but it can be one Mai valued at two million hundred or it can also go down based on the results of discussions between the two families.
HAK ASUH ANAK DIBAWAH UMUR MENURUT ADAT LEWA DiKABUPATEN SUMBA TIMUR (STUDI KASUS DI DESA KONDAMARA KECAMATAN LEWA KABUPATEN SUMBA TIMUR) Laos, Gerald Yustenlye Khamtry; Hedewata, Agustinus; Mauritsius, Darius
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13563

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. In marriage, a man and woman form a bond that leads to the formation of an ideal family with the goal of living together forever. This research uses empirical juridical legal research methods, carried out by collecting data consisting of interviews, direct data collection from the research location, and document study. The data collected was processed and analyzed using qualitative research methods. Based on the research results, it can be concluded that, (1) Factors inhibiting the distribution of child custody. Marriage factors in society are very influential in terms of the distribution of child custody rights, and cultural factors. (2) The process of dividing child custody is not solely based on who has the most rights, but what must be seen and prioritized is the best interests of the child.
PERJANJIAN PINJAM-MEMINJAM ANTARA BADAN DIAKONAT GEREJA DENGAN DEBITUR DI GEREJA KEMAH IBADAT AIRNONA Mata Ratu, Dinomax; Hedewata, Agustinus; Pello, Helsina Fransiska
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.14175

Abstract

In developing a business, a person needs capital assistance from other people who have capital and of course borrowing capital will give rise to a legal act which is based on the agreement of the parties in an agreement called a loan agreement which is commonly used in contract practice. The Airnona Tent of Worship Church itself is a church located on Jalan Kancil Number 33, Airnona Village, Kota Raja District, Kupang City. Where this church, prepares a revolving fund for micro businesses through the Church's diaconate body as program manager and runs this program with an agreement or agreement with certain conditions and in the process the returns are without interest. The main issues are as follows: (1) What is the loan and loan agreement system between the Diaconate Body as the creditor and the Congregation as the debtor at the Airnona Tabernacle Church? (2) What caused the breach of contract to occur between the parties at the Airnona Tent of Worship Church? (3) What countermeasures are used by the Diaconate body when there is a breach of contract (default) by a debtor at the Airnona Tent of Worship Church? The method used in this research is qualitative research, while using an empirical juridical approach. The data collection techniques used were interviews, observation and documentation. The aim of this research is to determine the loan agreement system used by the Church Diaconate Body with Debtors at the Airnona Tent of Worship Church. The research results show that the loan and borrowing agreement for revolving funds for micro businesses at the Tent of Worship Church has written procedures in the form of receipts, but the agreement is very simple and only includes basic information such as the name, address of the debtor, and the due date for refunding the funds without covering the rights aspect, obligations, or sanctions related to breach of agreement. The lack of effectiveness of the assessment team in analyzing data and selecting potential debtors, as well as the lack of regular supervision of each place of business, causes difficulties in dealing with debtors who experience difficulty in fulfilling payment obligations when their business conditions decline or experience bankruptcy. In dealing with problems, coping efforts are limited to verbal warnings, which are often not effective enough to overcome problems or encourage behavior change. The limited authority of Church institutions is also an obstacle, so that handling violations is limited to intensive collection efforts.
ANALISIS HUKUM TENTANG SENGKETA TANAH YANG BERSERTIFIKAT DI TELUK MUTIARA KABUPATEN ALOR PO Tausbele, Harun Hermon; Hedewata, Agustinus; Nubatonis, Orpa J
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15413

Abstract

Now in practice there are often fake certificates or double certificates in the community, so that land rights holders need to find information about the truth of physical data and juridical data on the land in question at the Local Land Office. Based on this case, the researcher formulated the main problems, namely: (1) How is the legal force of land that already has a certificate of ownership? (2) How is the settlement of land disputes certified? This study uses empirical legal research methods that examine how the law works in society. Aspects of the study examined the legal strength of the land that already has a certificate of property rights and Land Dispute Resolution certified. The results found that: (1) the legal certainty of the certificate containing the written provisions stated in the law or other regulations is absolute meaning it can not be contested. (2) Dispute Settlement can be done through three ways, namely: settlement through the judiciary, which is submitted to the General Court body in a civil manner, advocacy, through arbitration.
Co-Authors Adoe, Chicy La Viescha Adoe, Diego Marco Aloysius, Sukardan Alves, Ronaldo Amir, Ariyansa Bati, Adit Rulyandi Riwu Benu, Charles Boti Dakosta, Krisfal Dian Bin Boy Damat, Petonius Damat, Petornius Faot, Retna Yelmidiany Husni Kusuma Dinata Jacob, Maria Yulianty Jacob, Yossie Jacob, Yossie M Y Kamlasi, Yoseph Mariano Koteng, Nur Azizah Nilamsari Jakaria L. Dopo, Novita Angelina Labason, Emanuel Robin Lamuri, Thimoti Zeva Laos, Gerald Yustenlye Khamtry Lay Hire Wake, Raynaldi liu, mario delourdez Mata Ratu, Dinomax Mauritsius, Darius Naisusu, Nufrianus Ndari, Eusabius Ndun, Yoran Viktor Nubatonis, Orpa J Nubatonis, Orpa Juliana Pello, Helsina Fransiska Petu, Modestus Angrianus PO Tausbele, Harun Hermon Salle Wena, Yohanes De La Selan, Dicky Kolodikson Soruh, Dewiner E. C Usman, Siti Ramlah Yosina Lopo, Imelda Yossie Maria Yulianti Jacob