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Bire, Chatryen M Dju
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Hak Janda Terhadap Harta Benda Dan Pengurusan Anak Dalam Budaya Kad’di Masyarakat Sabu Bire, Chatryen M Dju; Manu, Ananda Natasya
Veteran Law Review Vol 7 No 2 (2024): November 2024
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v7i2.7659

Abstract

In relation to marriage problems, when there is an event where the husband dies first, then culture Kad'di must be followed in the customs of the Sabu community. Culture Kad'di only done for those married to Sabu. Culture Kad'di done when the husband has been buried or a few days after being buried. When the wife returns to her clan of origin or returns to the lap of her parents and/or family, important matters arise, including child care and problems with assets. In the cultural Sabu indigenous people Kad'di have social values, cultural wisdom that is passed on (inherited) from one generation to another from generation to generation. The Savu people still maintain, maintain and treat culture Kad'di as customary law. Culture Kad'di which is carried out usually through a very long and cultured customary process that requires the right time, place and conditions.
TINJAUAN YURIDIS TERHADAP TANDA BUKTI HAK SEBAGAI PETUNJUK KEPEMILIKAN HAK ATAS TANAH (STUDI PUTUSAN PENGADILAN NOMOR 41/PDT.BTH/2019/PN KUPANG) Wungo, Anna Xaveria Ekaputri; Mauritius, Darius; Bire, Chatryen M Dju
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.18886

Abstract

Land disputes in Indonesia often give rise to complex legal problems, especially those related to certainty of ownership of land rights. This research aims to analyze the strength of evidence in the land dispute between CF as the plaintiff and LT as the defendant, based on Court Decision Number 41/PDT.BTH/2019/PN Kupang. This case involves land located in Oepura Village, Kupang City, which is claimed as inheritance by both parties. The research method used is normative juridical research with a case approach. Data was obtained through literature study and analysis of documents submitted in the trial. The evidence examined includes Certificates of Ownership Rights, Land Reform Letters, as well as various previous court decisions. The research results showed that the evidence submitted by the plaintiff, even though it included formal documents such as Certificates of Ownership and Supreme Court Decisions, was considered not clear enough in describing the boundaries of the disputed land. On the other hand, the evidence presented by the defendant, including previous court decisions and executorial letters, is considered stronger because it shows continuity of ownership and legal validity. The conclusion of this research is that in land disputes, the court not only considers formal documents such as land certificates, but also the clarity of the land object in dispute. The strength and consistency of evidence is the main factor in determining the direction of the court's decision. In this case, the court sided with the defendant because the evidence presented was stronger and supported the land ownership claim.
PERSPEKTIF DEWASA MENURUT HUKUM ADAT SUKU DAWAN Un, Alicia Chalista; Jacob, Yossie M Y; Bire, Chatryen M Dju; Ndolu, Juliana S
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20629

Abstract

The determination of a person's maturity as a legal subject fundamentally affects their ability to act according to the law. The criteria for adulthood serve as one of the determinants of legal capacity, which is explicitly stated in Article 1330 of the Civil Code. Therefore, positive law provides a specific age benchmark to assess a person's maturity, unlike Dawan customary law, which does not set a specific age but has its own evaluation adjusted to their social order and way of life as Dawan indigenous people. The issues addressed in this journal are: (1) What are the criteria for adulthood for an individual according to Dawan customary law? And (2) What is the process of maturation according to Dawan customary law? This research is empirical, involving observations of the various patterns of life within Dawan society. Data processing is conducted through various identification and analysis methods, leading to conclusions. The results of this study indicate that the criteria for adulthood according to Dawan customary law can be seen through three provisions: assessed based on an individual's biological growth, evaluated based on their ability to perform certain activities, and judged by changes in behavior. The determination of maturity for both males and females are differentiated according to their social order.
KAJIAN YURIDIS TENTANG ZAAKWAARNEMING DAN PENERAPAN HUKUMNYA DALAM PUTUSAN NOMOR 1574K/Pdt/2011 MENURUT KUHPERDATA Dopo, Novita A L; Damat, Petornius; Bire, Chatryen M Dju
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20799

Abstract

Zaakwarneming is a voluntary agreement without any order to that effect. In decision Number 1574 K/Pdt/2011 there is an oral agreement between the Bekasi city government and Pt. Hilma Genractor which causes zaakwarneming. The problem formulation of this research is: (1) Is the spirit of zaakwaarneming legal according to the Civil Code? (2) Is verbal agreement proposed the defendant/applicant for cassation in the case of decision Number 1574 K/Pdt/2011 is categorized as a zaakwaarneming legal act? (3) How is the zaakwarneming law applied in decision Number 1574 K/Pdt/2011? This research uses a normative research method, namely research that examines the literature on primary, secondary and tertiary legal materials related to zaakwarneming. The results of the researchs how (1) Legal Spirit forgets the value of being a support in making laws. Therefore, the legal spirit of zaakwarneming according to the Civil Code is the legal principle of kaptuhan and the legal principle of freedom of contract (2) The verbal agreement in decisioncase Number 1574 K/Pdt/2011 cannot be categorized as a legal act of zaakwarneming, because the land clearing work was carried out by the plaintiff is not in the work contract so it does not fulfill the requirements of an agreement in Article 1320 of the Civil Code (3) considerations for the public interest and verbal agreement made by the defendant, thus the plaintiff carried out work outside the contract in good faith.
SOSIALISASI TENTANG PENINGKATAN PENGETAHUAN HAK KEKAYAAN INTELEKTUAL KOMUNAL BAGI MASYARAKAT DESA OELOMIN, KECAMATAN NEKAMESE KABUPATEN KUPANG Bire, Chatryen M Dju; Jacob, Yossie Maria Yulianti; Nubatonis, Orpa Juliana; Kaesmetan, Rini Marselin; Nunuhitu, Tiara G
Jurnal Abdi Insani Vol 11 No 4 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i4.1961

Abstract

People tend not to be interested in taking economic benefits from communal intellectual property due to lack of knowledge. The lack of awareness about the importance of intellectual work assets has led to rampant cases of violations of communal intellectual property. This is the point of awakening awareness of increasing knowledge of intellectual property rights of communal communities. Starting from the above conditions, this community service aims to explain about increasing knowledge of intellectual property rights for the community of Oelomin Village, Nekamese District, Kupang Regency. The solution offered in this community service is to explain intellectual property rights. The method used is through socialization of material delivery and question and answer discussions directly with the local community. The results of the activity show that the socialization given to the local community can increase the understanding and knowledge of the Oelomin Village community related to communal intellectual property rights, this can be seen from the high enthusiasm of the community during the question and answer discussion. Seeing these conditions, it is necessary to do more socialization to the community in order to further deepen and strengthen the understanding of the community related to communal intellectual property rights.
Co-Authors Damat, Petornius Dopo, Novita A L Jacob, Yossie M Y Jacob, Yossie Maria Yulianti Kaesmetan, Rini Marselin Manu, Ananda Natasya Mauritius, Darius Ndolu, Juliana S Nubatonis, Orpa Juliana Nunuhitu, Tiara G Un, Alicia Chalista Wungo, Anna Xaveria Ekaputri