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All Journal COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Indonesia Sosial Sains Artemis Law Journal Petitum Law Journal
Ratu Udju, Hernimus
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PELAKSANAAN FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH KOTA KUPANG TERHADAP KINERJA PEMERINTAH KOTA KUPANG DALAM BIDANG PENDIDIKAN DAN KESEHATAN Kuhurima, Angelique Rosalia; Yohanes, Saryono; Ratu Udju, Hernimus
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.v1i1.13346

Abstract

The presence of the DPRD in a democratic country is not to reduce the authority of the executive but must be seen as an effort to better guarantee the interests of the people in all local government policies. DPRD in accordance with its nature as a legislative institution which has three main functions, namely the function of legislation, the function of the budget and the function of supervision. The Kupang City DPRD Secretariat formulates the Organizational Mission as the main task that must be carried out by the organization in order to achieve the Organization's Vision by taking into account the interests of all components and parties related to the organization. The reason is because a centralized party system makes DPRD members side with the party as a source of legitimacy rather than the voters and society. In addition, DPRD members often sort out areas of supervision. (1) How is the implementation of the supervisory function of the Regional People's Representative Council (DPRD) of the City of Kupang on the performance of the Kupang City government in the fields of education and health?(2) What are the inhibiting factors for the Regional People's Representative Council (DPRD) of the City of Kupang in carrying out the oversight function of the performance of the Kupang City government in the fields of education and health? This research is an empirical or sociological juridical legal research with the approach used in this research, namely: (1) Socio legal approach (2) Qualitative approach and then analyzed in a qualitative descriptive juridical manner.The results of this study indicate that: (1) The implementation of the supervisory function of the Regional Representatives Council of the City of Kupang has not been optimal as stated in the provisions of the applicable laws and regulations. (2) The inhibiting factors for the Kupang City Regional House of Representatives in carrying out their oversight function on the performance of the Kupang City government in the Education and Health sector are: Availability of Budget and the Covid-19 pandemic.
PENGATURAN PENGAWASAN SATUAN POLIS PAMONG PRAJA TERHADAP BANGUNAN LIAR DI RUANG MILIK JALAN (RUMIJA) DI KOTA KUPANG Baari, Harianto Lele; Stefanus, Kotan Y; Ratu Udju, Hernimus
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.v1i1.13351

Abstract

Public order and public peace are dynamic conditions that allow local governments and communities to carry out their activities in a peaceful, orderly, and orderly manner. Therefore, in order to anticipate the development and dynamics of community activities in line with the demands of the era of globalization and regional autonomy, conducive conditions of regional peace and public order are fundamental needs for the community in an effort to improve the quality of their lives. Thus, the emergence of a skewed image of the figure of the Civil Service and Spatial Planning Police Unit is none other than because the community is often treated to repressive actions, but seems arrogant from the regional apparatus when carrying out its role in maintaining and maintaining security and public order. On the basis of the above, the author raises the main problem as follows: 1) What are the Supervision Arrangements of the Civil Service Police Unit on Illegal Buildings in Road-Owned Space (RUMIJA)? 2)What Are the Factors That Hinder the Supervision of the Civil Service Police Unit on Illegal Buildings in Road-Owned Space (RUMIJA)? This research uses normative-empirical juridical research methods, namely research whose data is directly obtained from the research location of respondents (resource persons) and supported by literature research. The results of this study show that the Regulation and Supervision of the Kupang City Civil Service Police Unit in enforcing Kupang City Regional Regulation Number 9 of 2003 concerning Building Arrangement has not been very good in regulating and supervising or arranging buildings in Kupang City so that people are still found building illegal buildings in road-owned spaces (Rumija), this can be seen from the increasing cases of illegal buildings in Kupang City over the past 3 (three) years. So it can be said that the Regulation and Supervision of the Kupang City Civil Service Police Unit and Kupang City Spatial Planning
PENGATURAN PENGELOLAAN BARANG MILIK DAERAH DAN HUBUNGANNYA DENGAN PENGURUSAN KENDARAAN DINAS DI KOTA KUPANG Lahal, Josvia Ekomardih; Stefanus, Kotan Y; Ratu Udju, Hernimus
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.v1i1.13365

Abstract

The issue of permits for the use of official vehicles is an administrative legal device used by the government to control Civil Servant officials who use official vehicles. The use of official vehicles outside the implementation of official duties can be found clearly during holidays, especially major holidays, even Sundays are often found. in shopping centers, as is often found in Kupang City, but is considered normal without any supervision from the Regional Government. Based on the author's observations, the background of the main problem can be formulated: How are the management of regional property in Kupang City and how are official vehicles managed in Kupang City.To answer this problem, this research was carried out using empirical legal research and the Qualitative Descriptive Analysis Method in accordance with the data obtained while still paying attention to theory, principles and legal rules, so this research is research that originates from primary, secondary and tertiary data using a juridical approach. Empirical Normative. The results of this research show that operational service vehicles are only used for official purposes that support basic tasks and functions, operational service vehicles are limited to use on office work days and operational service vehicles are only used within the city, and use outside the city is excluded with written permission from the head of a government agency or official. assigned according to competency and the provision of official vehicles to officials who receive these official vehicles, namely ASN who have positions from echelon 4, echelon 3 and echelon 2, are given according to their needs and usage when carrying out their work within the scope of Kupang City and there must also be supervision from BPKAD means that the planning expected by management can be fulfilled and run well, because ASNs who like to use official vehicles outside of office hours can be seen from fuel coupons that expire before the specified date and vehicle parts that are damaged before the time, which means there is use. excess of the ASN. The conclusion is the management of regional property in Kupang City, namely: The rules set by the Regional Government of Kupang City regarding the use of official vehicles are clear and there are administrative sanctions, but there are still ASN who still use official vehicles outside office hours.The suggestion is: In its supervision, BPKAD must look regardless of position in following up on violations committed by ASN when using official vehicles outside working hours.
PENGANGKATAN TENAGA HONORER DI KABUPATEN BELU DITINJAU DARI PERATURAN PEMERINTAH NOMOR 43 TAHUN 2007 TENTANG PERUBAHAN PERATURAN PEMERINTAH NOMOR 48 TAHUN 2005 TENTANG PENGANGKATAN TENAGA HONORER MENJADI CALON PEGAWAI NEGERI SIPIL Sulun, Esebius; Yohanes, Saryono; Ratu Udju, Hernimus
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.v1i1.13367

Abstract

The appointment of Honorary Staff is the government's effort to improve the quality of education and welfare, but in its implementation there needs to be evaluation for further program improvements. This article aims to find out how the appointment of honorary staff as civil servant candidates at the Belu Regency Regional Civil Service Agency is viewed from Government Regulation Number 43 of 2007 concerning Amendments to Government Regulation Number 48 of 2005 concerning the Appointment of Honorary Personnel to become Civil Servant Candidates, and aims to find out an overview of the application of good governance principles in the appointment of honorary staff in the Belu Regency Government area. This research uses empirical legal methods, namely methods that function to see law in real terms and examine how law works in the community environment. Based on the research results, the author obtained an answer to the existing problem, that the implementation of Government Regulation Number 43 of 2007 concerning Amendments to Government Regulation Number 48 of 2005 concerning the Appointment of Honorary Personnel as civil servant candidates by the Regional Civil Service Agency of the Belu Regency Government is not optimal, there are still employees honorary employees who have served for a long time but have not yet been appointed as civil servants. Another factor is the lack of good communication between the government and the community regarding information, financing needs, recruitment procedures, selection procedures, determination of graduation and announcement of graduation. Based on these factors, it is hoped that the Belu Regency Government, through the Regional Civil Service Agency, will carry out outreach regarding procedures and information.
ANALISIS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 3/G/2022/PTUN/KUPANG TENTANG PENGANGKATAN KEPALA DUSUN 1 DI DESA TANAH MERAH KABUPATEN KUPANG Liong, Hironimus; Yohanes, Saryono; Ratu Udju, Hernimus
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.v1i1.13409

Abstract

The village already has an established institutional structure that is respected and preserved by the village community . Village officials carry out public services that have duties and responsibilities towards serving the community, and assisting the Village Head in carrying out their duties. Village apparatus, in this case the Head of Hamlet I filed a lawsuit against the Head of Tanah Merah Village, that the Head of Hamlet I Meryati Astriana Djami was unilaterally aborted by the Village Head in Tanah Merah Village, Kupang Tengah District, to the Kupang State Administrative Court. Then the main problem can be formulated: (1) What is the mechanism for selecting and appointing hamlet heads in Kupang Regency based on laws and regulations? (2) What is the basis for the judge's consideration of the dismissal of the Candidate for Hamlet Head I of Tanah Merah Village, Kupang Regency based on Law Number 6 of 2014 concerning Villages? This research is a normative juridical research because it was conceptualized and developed by examining the rules, norms, rules related to the problem under study. The research results show that: (1) The mechanism for selecting and appointing hamlet heads in Kupang Regency is carried out based on Kupang Regent Regulation Number 5 of 2021 concerning Procedures for Appointing and Inaugurating Village Officials . (2) panel of judges No foundit error procedure in accordance with mandate the law Law on Government Administration as amended by Law Law Number 11 of 2020 concerning Job Creation . Therefore, suggestions regarding the results of this study are: (1) The mechanism for selecting and appointing hamlet heads in Kupang Regency needsto be socialized comprehensively to the entire election team. (2) The need for a family approach in solving this problem.
PELAKSANAAN FUNGSI PENGAWASAN BADAN PERMUSYAWARATAN DESA TERHADAP PENGELOLAAN DANA DESA TAHUN ANGGARAN 2020 DI DESA WEULUN KECAMATAN WEWIKU KABUPATEN MALAKA Bria, Frederikus Dion; Monteiro, Yosef M; Ratu Udju, Hernimus
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.v1i1.13465

Abstract

The problem that occurred in Weulun Village was that the Weulun Village Head was not transparent regarding the management of village funds so that the Weulun Village Head was reported by the residents to the Malaka Regency DPRD office. This can be proven by one of the residents of D Weulun who stated that the Village Head was considered not transparent and everything was done internally without involving community members so that Weulun Village resident reported it to the Malaka Regency DPRD office. As for BPD supervision of the village heads performance in managing Yanuarius Tae Seran village in the 2020 Fiscal Year. This research is empirical research, namely research carried out in connection with direct data collection in the field. This research was conducted in weulun Village and the Malaka Regency DPRD Oficce. Data processing was carried out using data obtained from both primary data and secondary data and analyzed descriptively-qualit atively.The results of this research show that (1) the performance of the village head in managing village funds is not in accordance with the applicable law, namely it is not transparent, open and accountable, the BPD in monitoring the performance of the village head regarding village funds is optimal, the supervision carried out is in accordance wit the law. Applicable law. In this research, the author suggests that the selection of village heads must be in accordance with the criteria, knowledge, education (2) factors that hinder the BPD in supervising the management of village funds related to the performance of village heads including human resources, infranstructure and communication. In this research the author suggests that the selection of village heads must be in accordance with criteria, knowledge and education.
PARTISIPASI MASYARAKAT DALAM PROSES PEMBENTUKAN PERATURAN DESA DI KECAMATAN NAGAWUTUNG KABUPATEN LEMBATA Kalang, Thomas Boli; Stefanus, Kotan Y; Ratu Udju, Hernimus
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.v1i1.13498

Abstract

Paticipation is a person’s involvement or participation mentally, thoughts, emotions or feelings that encourage him to contribute to achieving a common goal. However, in Nagawutung Districh there are still several villages where the people do not realize the importance pf their participation, and choose not to participatein in all activities in the village, especially participation in the process of forming of village regulations. Normative juridical method research is supported by empirical juridical reseach, namely: normative legal researchers whose legal rules are closely related to objects in a society which are then supported by the addition of empirical legal data. The results of the research show that community participation in five villages in Nagawutung district is very high,where at (1) the planning stage, only two villages had a large community, the while the other three villages did not participate, (2) at the discussion stage, it was found that only two villages had sufficient community participation. While the other three villages have quite low participation. In the formation of village regulations, three are several factors that hider the community. The inhibiting factors in these five villages are then divided into: internal factors and external factors. Internal factors include: level per type of work, and external factors are leadership.Based on the research results, it can be concluded that: The level of community participation in the five (5) very different villages in Nagawutung district will then determine different impacts on the resulting village regulation (perdes) products. So there are villages in Nagawutung district whose village regulation are comprehensive and well planned, and there are still vilages which are not yet comprehensive and not well planned, because there are still villages which are aware of the importance of participation even though some other villages are still not aware of participation ini developing their villagea. Through the establishment of village regulations.
PELAKSANAAN KEWENANGAN UPT PENGAWAS DAN SERTIFIKASI BENIH PROVINSI NUSA TENGGARA TIMUR TERHADAP BENIH BINA DAN HORTIKULTURA DITINJAU DARI PERATURAN MENTERI NOMOR 12 TAHUN 2018 TENTANG PRODUKSI, SERTIFIKASI DAN PEREDARAN BENIH BINA TANAMAN Saleh, Saptian Haryanto Muhammad; Tupen, Rafael R; Ratu Udju, Hernimus
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.v1i1.13537

Abstract

Thus, the seed problem in East Nusa Tenggara Province is not only related to the ability to provide quality seeds in sufficient quantities, but also related to the problem of falsification of seeds in circulation to meet the needs of seeds for farmers. This research uses juridical-empirical research methods, namely research whose data is directly obtained from the research location of the respondent (resource person). The results of this study indicate that: (1) The implementation of the authority of the technical implementation unit of supervision and Certification of Bina Seeds in East Nusa Tenggara Province is not so good because there are still in certain districts / cities in East Nusa Tenggara there is circulation and marketing of Bina Seeds and Certified Horticulture carried out by the Technical Implementation Unit based on legal legality. (2) Factors that inhibit the Implementation of the Authority of the Technical Implementation Unit of Supervision and Certification of Seeds of East Nusa Tenggara Province on Bina and Horticultural Seeds are internal factors in the form of rules, human resources, technology / infrastructure and lack of supervision and external factors in the form of socio-cultural conditions, (3) Efforts to Protect and Empower Farmers in East Nusa Tenggara so far have not been supported by comprehensive, systemic, and holistic legislation, so as to provide less assurance of legal certainty and justice for Farmers and Business Actors in the field of Agriculture. The existing laws are still partial and do not regulate protection and empowerment efforts in a clear, firm, and complete manner. Seed Distribution in East Nusa Tenggara Province has not been in accordance with the applicable rules, namely Law Number 13 Year 2010 on Horticulture in Chapter XII Article 117 on Supervision, Supervision is carried out in order to ensure the quality of facilities and / or horticultural products in accordance with established quality standards and to overcome various negative impacts that are detrimental to the wider community.Supervision as referred to in paragraph (1) is carried out in stages by the Government, provincial government, and district / city government in accordance with their authority by involving community participation.
FUNGSI PEMERINTAH KOTA KUPANG DALAM PENATAAN PEDAGANG KAKI LIMA Matau, Charol Primus; Yohanes, Saryono; Ratu Udju, Hernimus
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.v1i1.13600

Abstract

This research was motivated by the non-realization of Government Regulation Number 34 of 2006 concerning Roads. The existence of these street vendors causes various problems. Thus, the government started to regulate street vendors based on Government Regulation Number 34 of 2006. The formulation of the problem in this research is the function of the Kupang City Government in managing street vendors in terms of Government Regulation Number 34 of 2006 concerning roads on El Tari Road, Kupang. This research was conducted in Kupang City. The data sources in this research are both primary and secondary, which are then analyzed using qualitative descriptive analysis. This research shows that the arrangement of street vendors based on Government Regulation Number 34 of 2006 concerning Roads has yet to be fully implemented by the government. In terms of regulation, the government has implemented regional regulations. However, many traders still need to comply with the regulations due to the need for government action to regulate street vendors.
PENGATURAN PERUSAHAAN DAERAH AIR MINUM DALAM PENGELOLAAN AIR MINUM DI KOTA KUPANG Foenay, Jeniefer Gita Marchlina; Yohanes, Saryono; Ratu Udju, Hernimus
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.v1i2.14160

Abstract

The current policy taken by the Government is an effort to expand the water network to reach Kupang City residents who are not yet connected to the Kupang City PDAM water network. The aim of conducting research: To find out and analyze the Drinking Water Supply System Management Arrangements at Regional Drinking Water Companies in Kupang City and to find out and analyze the Drinking Water Supply System Management Arrangement Factors at Regional Drinking Water Companies in Kupang City. To answer this problem, Normative Research was carried out which was supported by Empirical Juridical Research, namely, examining the real behavior of Regional Drinking Water Companies based on facts or realities obtained in the field for further research. The results of this research show that this research states that the Drinking Water Supply System (SPAM) was implemented to provide drinking water services to the people of Kupang City to meet drinking water needs, namely, the availability of drinking water services to fulfill people's rights to drinking water and the realization of water management and services. quality drinks at affordable prices. Based on research in the field, water leaks can reach more than 30.7% of the existing water supply (production). Determination of water needs is carried out by water leak analysis. The water leak reduction program needs to be improved so that the balance of service flow is not disturbed. The conclusion is that the arrangements for managing the Drinking Water Supply System at the Regional Drinking Water Company in Kupang City do not meet the proper standards, from management to distribution of Drinking Water, there are traffic jams in distribution and problems with several damaged pipes and inadequate service. Inhibiting factors for the Drinking Water Supply Management System, namely: Late payments, information that customers ignore.
Co-Authors Baari, Harianto Lele Baunsele, Gerson Alexander I Bekak, Ruben Yulisto Thertius Belaga, Nurul Alfiah Benu, Yonas S O Bili Agus, Yosefiani Margaretha Bria, Frederikus Dion DJawa, Fuad DJ Dor, Siprianus Edon, Bernad Ermalinda, Jenny Fallo, Markus Faot, Kristin Valentin Foenay, Jeniefer Gita Marchlina Goran, Andreas Jalo, Fransiska Godhi Kalang, Thomas Boli Koda, Taufik Sulaiman Kota, Adrianus A Kotan Y Stefanus Kuhurima, Angelique Rosalia Lahal, Josvia Ekomardih Lamataro, Cyrilius W.T. Lamataro, Cyrilius Wilton Taran Lawung, Mario A Liong, Hironimus Mangngi, Fivin F Mario Monteiro, Yosef Matau, Charol Primus Monteiro, Yosef M Monteiro, Yosef Mario Montero, Josef Mario Mooy, Fiona Bellania Nafie, Indra Apriliando Nahak, Geraldo Mayella Ndun, Ivan Payon, Siti Mariana Benga Radji, Megi O Rivaldo Ata Banafanu, Julius Ricky Saleh, Saptian Haryanto Muhammad Saryono Yohanes Sulun, Esebius Syukur, Yohanes Paulus Tapuk Parus, Albertus Tari, Ronaldo Ameta Putra Teddy, Yosef Terfena Leoh, Fesly Tupen, Rafael R Tupen, Rafael Rape Usu, Benedikta Yosenda, Firminus R