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Tanggung Jawab Pt Pegadaian Syariah terhadap Kehilangan Jaminan Atas Produk Arrum BPKB Pada PT. Pegadaian Syariah Kecamatan Oebobo Kota Kupang Rizan Rafsanjani S; Siti Ramlah Usman; 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.v2i2.1151

Abstract

The purpose of this research is to analyze the responsibility of PT. Pegadaian Syariah towards the loss of collateral for Arrum BPKB Products at PT. Pegadaian Syariah Oebobo District Kupang City. The type of research used by the author is Empirical Legal research, the type of data used in this research is qualitative data. The data used in the research based on the relevance of the source data, namely primary, secondary and tertiary data. The result of this research is that the responsibility of PT Pegadaian Syariah towards the loss of collateral for Arrum BPKB products at PT Pegadaian Syariah Oebobo District Kupang City, that the implementation of responsibility has been going well but is still not optimal regarding the implementation and responsibility services provided by PT Pegadaian Syariah Oebobo District Kupang City due to several factors. Factors that cause PT Pegadaian Syariah Oebobo Subdistrict Kupang City is not responsible for the loss of collateral for Arrum BPKB products at PT Pegadaian Syariah Oebobo Subdistrict Kupang City, namely if the loss of collateral for Arrum BPKB is caused by mistakes made by customers then PT Pegadaian Syariah Oebobo Subdistrict Kupang City is not responsible but if the loss of collateral for Arrum BPKB is caused by mistakes made by PT Pegadaian Syariah Oebobo Subdistrict Kupang City then PT Pegadaian Syariah Oebobo Subdistrict Kupang City is responsible for mistakes that occur.
Perjanjian Bagi Hasil Ternak Babi Antara Kepala Desa dengan Masyarakat Menurut Kitab Undang-Undang Hukum Perdata di Desa Loborai Kecamatan Sabu Timur Kabapaten Sabu Raijua Provinsi Nusa Tenggara Timur Petronela Haba Manu; Agustinus Hedewata; 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.v2i2.1161

Abstract

The purpose of this study is to analyze the pig production sharing agreement between the Village Head and the community according to the Civil Code in Loborai Village, East Sabu District, Sabu Raijua Regency, East Nusa Tenggara Province. In the process of this research, the author uses empirical research methods with the aim of research to find out and describe various matters related to the implementation of the pig production sharing agreement in Loborai Village, East Sabu District which will provide benefits in the form of rational thinking in an effort to answer various problems related to the pig production sharing agreement in Loborai Village, East Sabu District. The results of the research show that the form of pig profit-sharing agreement carried out by the village head with the community is carried out in written and unwritten (oral) forms. The written agreement is carried out by the community in the form of an agreement in the division of profit sharing for pigs. Whereas in the oral form, the village head and the community make an agreement to raise pigs and the results of the livestock if they breed and have results from the pigs will be shared with the community to maintain the results of the pigs that have been given. If there is a problem in the pig profit-sharing agreement between the village head and the community in raising pigs, for example, in this case the community is negligent so that the pigs die, then the village head as the owner does not sue but is resolved properly. However, another thing that is absolute to note is that the agreement made and carried out must be in good faith.
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

Abstract

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.
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

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.
Penerapan Adat Waja (Denda) dalam Praktik Perkawinan Masyarakat Langa Kecamatan Bajawa, Kabupaten Ngada Falentina Tekhu Soa; Yossie Maria Y. Jacob; Petornius Damat
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 4 (2024): Desember: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i4.332

Abstract

For the Langa indigenous people, Waja is a process of recovery for mistakes because someone has violated a prohibition or certain customary law norms that apply in the Langa indigenous people. There are several marriage problems that occur in the Langa community that are not resolved with waja. The practice of waja serves to break the bond of engagement or marriage that has occurred between a man and a woman, the purpose is as a deterrent effect and also as a means of value education for the community so that marriages that violate customary norms can be eliminated or no longer repeated. This research is an empirical research, so the data source used is the primary data source, the primary data is obtained from the results of interviews. The data were analyzed in a descriptive-qualitative manner. The results of this study show that: (1) The function of waja customs in the marriage legal system of the Langa indigenous people is for the enforcement of customary norms and rules, the restoration of good name, efforts to break the bond of engagement or marriage between men and women and to realize justice and balance in community life, including in terms of marriage. (2) The process of applying waja customs in the practice of marriage of the Langa indigenous people is carried out in accordance with the marriage violations that have been carried out by both parties. The types of violations of waja customs are infidelity, relationships that are not approved by parents and abusive behavior of husbands towards wives.
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.
Pelaksanaan Perjanjian Pinjam Meminjam Antara Anggota Koperasi dengan Koperasi Florette di Kecamatan Langke Rembong Kabupaten Manggarai Beatrix Meylita Ming; Siti Ramlah Usman; Petornius Damat
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.v3i2.3713

Abstract

The purpose of this research is to analyze the implementation of a loan and borrowing agreement between cooperative members and the Florette cooperative in Langke Rembong District, Manggarai Regency. The research was conducted with empirical research and the nature of the research was descriptive, namely researching by revealing facts objectively at the time of research in the field. The result of this research is that the implementation of a loan and borrowing agreement between cooperative members and florette cooperatives using additional collateral is a provision of collateral based on the policy pattern that applies in the Florette Cooperative. The agreement has been stated in a loan agreement letter which is made unilaterally. The reasons why members cannot fulfill their obligations are due to limited backgrounds and also external circumstances that have an impact on the income of the members. The settlement efforts from the Cooperative are carried out by means of a family approach so that both parties, namely Cooperative Members and Forette Cooperatives, are not harmed.