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Journal : Petitum Law Journal

IMPLIKASI PENERAPAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA DALAM PENGATURAN KAWASAN HUTAN UNTUK PEMBANGUNAN PROYEK STRATEGIS NASIONAL (STUDI KASUS BENDUNGAN TEFMO-MANIKIN DI KABUPATEN KUPANG–PROVINSI NTT) Agustina, Agustina; Pello, Jimmy; Manuain, Orpa G
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.v1i1.13756

Abstract

The issuance of Law Number 6 of 2023 concerning Job Creation has had an impact on changes to a number of laws in Indonesia, including Law Number 19 of 2004 concerning Forestry and Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. In addition, derivative regulations from the Job Creation Law, especially those relating to support for facilitating the development of National Strategic Projects, have been issued after the ratification of Law Number 11 of 2020 concerning Job Creation. The derivative regulations in question are Government Regulation Number 23 of 2021 concerning Forestry Implementation and Government Regulation Number 42 of 2021 concerning Facilitation of National Strategic Projects. The presence of the Job Creation Law is considered to be able to encourage economic growth, one of which is by accelerating the development of strategic infrastructure in the regions. The research method used is normative juridical. The results of this research show that the presence of the Job Creation Law has had an impact on simplifying and trimming a number of regulations to facilitate and support the accelerated development of National Strategic Projects including the Tefmo – Manikin Dam in Kupang Regency. On the one hand, the passing of Law Number 6 of 2023 concerning Job Creation has provided a guarantee of legal certainty, because so far the process has experienced pros and cons. However, in terms of legal benefits and environmental justice, it can result in disruption of environmental sustainability, especially forest areas because they are vulnerable to conversion of forest areas for the development of National Strategic Projects.
PENEGAKAN HUKUM TERHADAP APARAT KEPOLISIAN YANG LALAI MENYIMPAN SENJATA API SEHINGGA MENGAKIBATKAN DISALAHGUNAKAN OLEH ORANG LAIN (Studi Kasus Laporan Polisi: LP-A/87/XII/HUK.12.10/2018 TGL 17 Desember 2018) Klaran, Adriano Y; Medan, Karolus Kopong; Manuain, Orpa G
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.v1i1.13758

Abstract

In accordance with LP-A/87/XII/HUK.12.10/2018 DATE 17 December 2018, the sanctions given are in the form of a written warning, postponement of attending education for a maximum of 1 (one) year, transfer in the nature of demotion, release from position and placement in the case no later than 21 (twenty one) days, the sanctions are given in accordance with Government Regulation Law Number 2 of 2003 article 9 letters (a, b, e, f and g) of the Indonesian National Police concerning Disciplinary Regulations for Members of the Indonesian National Police . Factors that cause police officers to commit negligence regarding firearms are environmental factors which have an impact on the psychological and emotional condition of the police themselves, lack of knowledge and lack of professionalism of the police in carrying out their duties, lack of discipline and lack of adequate training which results in this occurrence. this negligence. The efforts made are preventive efforts, namely preventive efforts by paying attention to and tightening the requirements before providing firearms by members of the Police. Carry out the requirements for the use of firearms by police officers, including; granting permits through an examination mechanism for apparatus, taking into account mentality, professionalism, proportionality, as well as more intensive training.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYEBARLUASAN PORNOGRAFI MELALUI MEDIA SOSIAL DI KOTA KUPANG Lawa, Kezia Charlita; Wilhelmus, Bhisa Vitus; Manuain, Orpa G
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.v2i1.18418

Abstract

The development of information and communication technology has had various impacts on human life, both positive and negative. One of the negative impacts that is felt is that cyber crimes that often occur in Kupang City are related to the distribution of pornography where the perpetrator disseminates content containing content that violates decency on social media without the knowledge and permission of the party involved in the content. The rise of cybercrime that occurs proves that there is a need for law enforcement as a form of legal protection for victims who are harmed based on statutory regulations which contain the implication of legal protection for the legal interests of society. This research aims to examine law enforcement and the factors that hinder law enforcement against the criminal act of disseminating pornography via social media in Kupang City. This legal writing uses empirical research which is a type of research carried out by examining problems that occur in the field, by examining how law enforcement is carried out by law enforcers regarding problems that occur and researching the obstacles in law enforcement to a legal event that influences its success. law. The techniques used in this research include: Interviews with respondents for primary data collection. Literature study and document study for secondary data collection. Data analysis in this research was carried out by analyzing secondary legal materials normatively based on a statutory approach and an interdisciplinary approach, then carried out descriptively qualitatively which utilized qualitative data and explained it descriptively, then interpreted in building a legal argument and drawing conclusions regarding the results. study. Based on the results of research conducted by the author, law enforcement against the criminal act of disseminating pornography via social media consists of preventive and repressive legal efforts. And there are several inhibiting factors in efforts to enforce criminal acts, namely the presence of law enforcement factors, facilities/facilities, society and culture.
PENYELESAIAN PERKARA PERUSAKAN TEMPAT RITUAL ADAT SUKU TAIBOKO DESA LETMAFO TIMUR MELALUI MEKANISME HUKUM ADAT Usfinit, Theresia Remeiliana; Wilhelmus, Bhisa V; Manuain, Orpa G
Petitum Law Journal Vol 3 No 1 (2025): Petitum Law Journal Volume 3, Nomor 1, November 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i1.21170

Abstract

This research examines the resolution of a dispute involving the destruction of a customary ritual site belonging to the Taiboko Tribe in East Letmafo Village through mechanisms of customary law. Employing a juridical-empirical approach and qualitative research methods, the study focuses on direct observation and comprehension of customary legal practices within the Taiboko community. The findings reveal the pivotal role of customary law in resolving indigenous community disputes, facilitated by familial-style deliberations and consensus involving tribal and community leaders, as well as police involvement. The achieved settlement includes significant customary fines, encompassing monetary compensation, sacrificial animals, rice, and local beverages, alongside provisions for replacing the damaged tree. This resolution underscores the severity of the customary violation and aims to restore communal harmony. The research affirms the continued relevance of customary law in modern dispute resolution and highlights the importance of state recognition of Indonesia's diverse legal systems.