Soni Esrayanus Benu
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Kesadaran Hukum Masyarakat dalam Jual Beli Tanah Tanpa Akta PPAT Demi Menjamin Kepastian Hukum dan Hak Atas Tanah di Wilayah Kelurahan Fatukoa Kecamatan Maulafa Kota Kupang Soni Esrayanus Benu; Darius Mauritsius; Husni Kusuma Dinata
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1608

Abstract

The increasing need for land has made land purchase and sale agreements more and more occurring. The sale and purchase agreement made by agreement must be carried out on the principle of clear cash. However, in practice, there are still many buying and selling that are not in accordance with the principle of light cash and the principle of Nemo plus juris as the principle of land registration. Problems regarding the sale and purchase of land that are not in accordance with procedures, not in accordance with existing principles and even not carried out in front of the authorized officials, namely the Sub-district Head and PPAT, still occur in Fatukoa Village, Maulafa District, Kupang City, resulting in legal uncertainty and land rights on the land object being traded. Uncertainty about the law. The type of research used is empirical legal research, and the data sources taken are primary data, secondary data and tertiary data. The population and samples taken are: 2 sellers, 2 buyers, heirs and the community. The sample used is the saturated sample technique where all members of the population get the same opportunity. The results of the study show that: (1). The authority of the sub-district head in making a letter of release of rights is contained in article 131 Paragraph (3) of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 concerning the Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. Regarding land that is sold and sold without using a PPAT deed, it must be done at the sub-district where the land is located, applicants who want to make SPPHT must follow the existing procedures and procedures starting from the agreement of both parties, the readiness of documents, the creation and implementation of SPPHT, registration to the signing and submission of the land rights release letter. (2) Public awareness of the existing regulations The level of public awareness of fatukoa is still very low. The public really does not understand the importance of registering land rights and the implementation of buying and selling with existing procedures with PPAT deeds or with letters under hand, namely the release of land rights. The factors that hinder the legal awareness of the community in Fatukoa Village are education factors and economic factors.
Tinjauan Yuridis Penanggulangan Cyber-Recruitment dalam Tindak Pidana Perdagangan Orang: Tinjauan Unsur dan Pembuktian Digital Gloria Carvallo; Soni Esrayanus Benu
Majelis: Jurnal Hukum Indonesia Vol. 3 No. 2 (2026): Mei : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v3i2.1532

Abstract

Human Trafficking (TPPO) has undergone a significant transformation in its modus operandi alongside the massive use of information technology, giving rise to the phenomenon of cyber-recruitment within the online scam industry. This study aims to analyze the juridical construction of the criminal elements in the cyber-recruitment modus operandi based on Law Number 21 of 2007, and to evaluate the potential disharmony of norms between the TPPO regulation and the Electronic Information and Transactions Law (UU ITE) regarding the regulation of digital evidence. The research method employed is normative legal research with a statutory approach and a conceptual approach. The results indicate that, dogmatically, the elements of TPPO—comprising the process of virtual recruitment, the means of fraudulent job promises, and the purpose of digital forced labor exploitation—under Law No. 21 of 2007 remain relevant for prosecuting cyber-recruitment perpetrators, although it demands a broader legal interpretation of cyberspace realities. However, legal certainty issues were found due to the lack of synchronicity in the regulation of digital evidence, where differences in procedures and qualifications exist between electronic evidence in the TPPO Law and the evidentiary standards in the UU ITE, which are volatile in nature. The implications of this research conclude the need for regulatory synchronization through the establishment of technical guidelines for handling TPPO-specific electronic evidence to provide a solid legal foundation for law enforcement agencies. This step is crucial to overcome cross-border jurisdictional obstacles and to ensure substantive justice and comprehensive protection of victims' rights in the digital era.