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Mauritsius, Darius
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN ANAK LUAR KAWIN (BUI PA KEPUE) MENURUT HUKUM ADAT SABU DI KECAMATAN SABU TIMUR, KABUPATEN SABU-RAIJUA Soruh, Dewiner E. C; Hedewata, Agustinus; Mauritsius, Darius
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.v1i1.13373

Abstract

The position of children out of wedlock is governed by various legal backgrounds one of them is customary law. In a community or tribal group, there is certainly an unwritten law or what is called customary law. One of them is the Sabu-Raijua District, East Nusa Tenggara Province. Thus the tribe has regulations or customary laws governing children out of wedlock that apply in the tribe. The main problem in this thesis are: (1) What is the position of children out of wedlock (bui pa kepue) according to Sabu customary law in East Sabu Sub-district, Sabu-Raijua District? (2) How is the implementation of the mother for children out of wedlock (bui pa kepue) according to gray customary law? This research is an empirical legal research carried out in Kudjiratu village,east Sabu Sub-district, Sabu-Raijua Distric. This research uses primary data and secondary data. Data collection techniques using interview techniques, document, observation. Data was analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen: (1) Based on the results of interviews with the customary head in kudjiratu village that the position of children out of wedlock (bui pa kepue) according to the customary law of Sabu in East Sabu Sub-district is considered special and different from children out of wedlock in general because the child (bui pa kepue) is considered the direct child in the family or the youngest child, the position is equal to that of the son of his mother’s brother. (2) The implementation of the mother’s responsibility for children out of wedlock (bui pa kepue) is that the mother’s family is appointed as the child of the mother’s parents so that the full responsibility is borne by the mother and her family.
HAK ASUH ANAK DIBAWAH UMUR MENURUT ADAT LEWA DiKABUPATEN SUMBA TIMUR (STUDI KASUS DI DESA KONDAMARA KECAMATAN LEWA KABUPATEN SUMBA TIMUR) Laos, Gerald Yustenlye Khamtry; Hedewata, Agustinus; Mauritsius, Darius
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.v1i1.13563

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. In marriage, a man and woman form a bond that leads to the formation of an ideal family with the goal of living together forever. This research uses empirical juridical legal research methods, carried out by collecting data consisting of interviews, direct data collection from the research location, and document study. The data collected was processed and analyzed using qualitative research methods. Based on the research results, it can be concluded that, (1) Factors inhibiting the distribution of child custody. Marriage factors in society are very influential in terms of the distribution of child custody rights, and cultural factors. (2) The process of dividing child custody is not solely based on who has the most rights, but what must be seen and prioritized is the best interests of the child.
AKIBAT HUKUM KETERLAMBATAN MENDAFTARKAN AKTA KELAHIRAN ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 23 TAHUN 2003 TENTANG PERLINDUNGAN ANAK DAN PEREMPUAN (STUDI KASUS DINAS KEPENDUDUKAN DAN CATATAN SIPIL KABUPATEN FLORES TIMUR) Hotan, Max Erwin Grandi; Aloysius, Sukardan; Mauritsius, Darius
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.v1i1.13675

Abstract

The state of Indonesia, which is a state of law, should have a society that is aware of the law. One form of awareness of the Indonesian people towards the law is to realize how important and necessary it is for someone to have written evidence in determining the status of that person for events or events that always exist. in the course of human life, among others; marriage events, birth events, child recognition or legalization events, divorce events and by registering the event or incident at the Civil Registry Institution in the form of a Civil Registry Deed. This is in accordance with the law in the Decree of the Minister of Home Affairs Number 54 of 1999 concerning Guidelines for the Implementation of Population Registration in articles 3 and 5 which essentially states that every resident and temporary resident is obliged to register and register every event of birth, marriage, divorce and death listed in the Deed of Population Registration. The formulation of the problem that will be examined by the author is (1) What are the legal consequences if someone is late in registering a birth certificate in terms of Law No. 23 of 2003. (2) What is the proper procedure in registering a birth certificate for those who are too late to register according to Law No. 23 of 2003. This study uses an empirical juridical method, namely research whose data is obtained directly from interviews with respondents in the research field to investigate the legal reality that exists in social life. Data processing techniques using editing, coding and tabulating techniques. The respondents were the Head of the East Flores Regency Dispenduk, Civil Registration Service Division, People who were Late in Registering a Birth Certificate. and data analysis techniques using descriptive qualitative analysis. The results of the study show: (1) Legal Consequences If Someone is Late in Registering a Birth Certificate In terms of Law No. 23 of 2003, the ADMINDUK Act if there is a delay in registering a child's birth certificate is usually subject to sanctions. (2) Appropriate Procedures in Registering Birth Certificates for those who are late in registering according to Law No. 23 of 2003. Applicants enter data, birth form data filled in from the village, original birth information from the hospital or from the village, and even then giving birth at home.
TINJAUAN YURIDIS PERMOHONAN GANTI NAMA PADA AKTA KELAHIRAN DI PENGADILAN NEGERI KEFAMENANU DI TINJAU DARI UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN Koen, Felix Emanuel; Mauritsius, Darius; Pello, Helsina Fransiska
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.v2i1.15711

Abstract

The change of one's name in practice cannot be separated from the culture and customs that exist and grow in society. In Eastern culture, especially East Nusa Tenggara, it is still believed by some people. Giving the child an inappropriate name will make the child sickly and fragile. The solution is to rename it. After the name change process is complete, what they have to complete is the administrative process, which is to change the name on the birth certificate with a new name. For the recording of name changes themselves carried out based on court determinations, this can be seen from the provisions of Article 52 of Law Number 23 of 2006 concerning Population Administration juncto Article 93 paragraph (2) of Presidential Regulation Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration. This research is an empirical legal research, where empirical research is that researchers observe various realities that occur in the Kefamenanu District Court located in the North Central Timor Regency and review them based on the Law, derivative regulations related to the main problem that has been formulated previously by interviewing related parties and then the data that has been obtained is presented using the stages in it, namely coding, editing and tabulation as well as presented with qualitative descriptive.
PERTANGGUNGJAWABAN TERHADAP PERBUATAN MELAWAN HUKUM INGKAR JANJI MENGAWINI (KUHPerdata DAN YURISPRUDENSI MA No. 3191 K/Pdt/1984) Yuliana, Anisa; Aloysius, Sukardan; Mauritsius, Darius
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.v2i2.18064

Abstract

Legal responsibility for breaking a promise to marry is by filing a civil lawsuit for an unlawful act to the district court where the defendant is domiciled, then waiting for the results of the trial in the district court. And from the results of the trial a court decision will emerge which can be in the form of the lawsuit being granted, the lawsuit being rejected or the lawsuit not being accepted. And the limits of liability in the unlawful act of breaking a promise to marry are limited to what is stated in the Decree and the Defendant's movable and immovable assets. In this regard, the aim of this research is to find out the legal responsibility for breaking a promise to marry and the limits of liability. The research method used in this research is Normative Law. Normative research uses library materials as a source of research data, or also called library research, a method used to collect data from various literature. The results of this research are to find out the intended purpose, namely that there is still a lack of accountability for the act of refusing to marry and there is no clear accountability for the perpetrator of the default.
PERLINDUNGAN HUKUM TENAGA KERJA DI KOPERASI BONGKAR MUAT PELABUHAN TENAU KUPANG BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Dena, Stefania M; Mauritsius, Darius; Pello, Helsina Fransiska
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.v2i2.20336

Abstract

The objective of this research is to examine the legal protection afforded to the welfare and safety of loading and unloading workers (TKBM) in the TKBM Cooperative of Tenau Port Kupang, and the obstacles experienced in its implementation. Empirical legal research methodology is employed, whereby applicable legal provisions are analysed alongside real-time observations of the field. The findings of this research indicate that the legal protection of TKBM at Tenau Kupang Port is in accordance with Law Number 13 of 2003 concerning Labour. The protection encompasses working time, rest time, work safety, and the provision of Personal Protective Equipment (PPE) to minimise the risk of accidents. However, the implementation of these measures is hindered by several factors. These include wage uncertainty, which is dependent on the frequency of ship arrivals, the wage gap between containers and bulk containers, and a lack of awareness regarding the importance of PPE use. Furthermore, inclement weather, damage to transport equipment, and instances of thuggery pose additional challenges to the protection of TKBM's welfare and safety. Not with standing these challenges, the cooperative has introduced BPJS Employment, which provides work accident insurance and old age insurance for workers.as the ‘milk fallacy’ or if it will change the face of the case law as it currently stands.
TINJAUAN YURIDIS PERUBAHAN NAMA SESEORANG PADA AKTA KELAHIRAN BERDASARKAN PERATURAN PRESIDEN NO/ 96 TAHUN 2018 TENTANG PERSYARATAN DAN TATA CARA PENDAFTARAN PENDUDUK DAN PENCATATAN SIPIL DI PENGADILAN NEGERI ATAMBUA Benu, Veni Mariadi; Mauritsius, Darius; Pello, Helsina Fransiska
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.v2i2.20712

Abstract

This article analyzes the change of a person's name on a birth certificate based on presidential regulation no. 96 of 2018 in the Atambua district court. A person's name is an important factor in his identity as a subject, while a birth certificate is the first population document obtained by the community since his birth which contains his name and other identities. The change of a person's name on a birth certificate becomes an important matter that should be seen in terms of implementation procedures, obstacles to implementation and legal consequences, which are formulated into problems in the research as follows: (1) What are the implementation procedures for changing one's name on a birth certificate at the Atambua District Court based on Presidential Regulation Number 96 of 2018 concerning Requirements and Procedures for Population Registration and Civil Registration (2) What are the inhibiting factors in changing one's name on a birth certificate quote (3) What are the legal consequences of changing one's name on a birth certificate at the Atambua District Court. This research is empirical juridical in nature which requires primary data sources or field research which requires interview methods and document studies. The results of the study said that the implementation of a person's name change on a birth certificate at the Atambua District Court was slightly different from Presidential Regulation No. 96 of 2018 but still followed the existing requirements, the most obstacles in its implementation were low education, procedures that were considered difficult and the non-acceptance of applications at the Court. The legal consequences are legal certainty and multiple identities.
TINJAUAN YURIDIS PERBUATAN MELAWAN HUKUM TERHADAP OBJEK SENGKETA TANAH PEKARANGAN DI DESA IKAN TUANBESI KABUPATEN MALAKA (STUDI KASUS PUTUSAN NOMOR 35/PDT.G/2023/PN ATB) Tao, Fransiska; Mauritsius, Darius; Dinata, Husni Kusuma
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.v2i2.20829

Abstract

An unlawful act is any action that causes harm to another person, requiring the guilty perpetrator to compensate for the losses incurred. Acts against the law are regulated in Article 1365 of the Civil Code. In the land dispute case based on District Court Decision Number: 35/Pdt.G/2023/PN Atb, considering the lawsuit dated 31 July 2023 which was received and registered at the Registrar's Office of the Atambua District Court on 01 August 2023 where the Defendant committed an act of defiance without having valid evidence, Defendant I to Defendant III acted unlawfully and forcibly seized and controlled part of Maria Tay's land covering an area of ​​approximately 82 km. M2. This research aims to determine the arguments of the parties involved in Decision Number 35/Pdt.G/2023/PN Atb and the judge's considerations in Decision Number 35/Pdt.G/2023/PN Atb. The type of research used is normative research with the research materials used being primary and secondary legal materials. The legal material analysis method is carried out using descriptive and qualitative analysis. The results of this research are (1) The plaintiffs argued that they had rights to the land based on continuous possession, building a house, and paying taxes. On the other hand, the Defendant stated that based on the matrilineal system and customary law, the land belonged to them as a family inheritance, and they rejected the Plaintiff's claim which was deemed to have no clear legal basis. (2) Based on decision Number 35/PDT.G/2023/PN. Atb and the considerations presented by the Panel of Judges, the lawsuit submitted by the Plaintiff was declared inadmissible (Niet Ontvankelijke Verklaard) because there was ambiguity in the lawsuit, both in terms of subject, object and the arguments put forward. This lawsuit contains uncertainties that cause doubts in the evidence, especially regarding land ownership status, land area, and the boundaries of the land in dispute.
Perjanjian Kerja Dalam Tradisi Leles di Desa Ngkiong Dora Kabupaten Manggarai Timur Provinsi Nusa Tenggara Timur Dari Perspektif Hukum Adat Harmin, Tarsisius Sandriaka; Mauritsius, Darius; Pello, Helsina F
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.21472

Abstract

Abstract: Employment agreements between people are one of the important aspects of human life. In Indonesia, employment agreements are regulated in positive law such as the Civil Code and a series of other laws and regulations. Labor agreements also develop in customary law. In Ngkiong Dora Village, East Manggarai, East Nusa Tenggara (NTT), there is a tradition of leles, which is a traditional work system based on agreements between its creators. However, in its implementation, leles has caused problems, namely violations of the agreement which are motivated by various reasons. The objectives of this research are to 1) find out the customary law regulation on work agreements in the Leles Tradition in Ngkiong Dora Village, East Manggarai Regency, NTT Province? 2) to know how to resolve disputes arising in the Leles Tradition in Ngkiong Dora Village, East Manggarai Regency, NTT Province from the perspective of customary law? 3) to know the protection of customary law against the rights of the parties in the Leles Tradition in Ngkiong Dora Village, East Manggarai Regency, NTT Province from the perspective of customary law? This research is an empirical legal research. This research was conducted in Ngkiong Dora Village, East Manggarai Regency. The types and sources of data in this research are primary data, secondary data and tertiary data. Respondents in this research are; tua teno, customary elders and farmers involved in the leles tradition in the past year. The data were analyzed descriptively qualitatively. Keywords: Customary Law; Employment Agreement, Leles Tradition.
ANALISIS PENERAPAN SANKSI ADAT TALA PADA PERKAWINAN ADAT DI DESA RANGGI KECAMATAN WAE RI’I KABUPATEN MANGGARAI Jemima, Hildegardis; Mauritsius, Darius; Dinata, Husni Kusuma
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.v3i1.22468

Abstract

This study explores the customary tala sanctions applied in traditional Manggarai marriages in Ranggi Village, Manggarai Regency, using an empirical approach through interviews and literature analysis. Tala is a customary fine imposed for the cancellation of a customary marriage that has not been officially registered (either by the state or religion) or for premarital sexual relations. The purpose of tala is to restore women's dignity (molas kole) and end kinship relations (woe nelu) in an honorable manner (pedeng kole roto). The stages in this process consist of: (1) a visit from the woman to the man's family, (2) customary deliberation (lonto leok) to determine the amount of the fine, and (3) submission of sanctions (leso tala) in the form of money (average Rp. 40 million) or animals. Several factors that cause this include neglect of responsibility (for example: rejection of children), communication problems, violation of customary norms, and unpreparedness to start a family. Although this is contrary to the principle of marriage permanence regulated in Law No. 1/1974, tala remains relevant as a form of restorative justice that maintains social balance, women's dignity, and shared responsibility amidst the tide of modernization.
Co-Authors Adoe, Chicy La Viescha Aloysius, Sukardan Angkak, Andreas Anandri Bagus Benu, Veni Mariadi Damat, Petornius Dasal, Servas I P Dena, Stefania M Djawas, Nur Nakiyah Fatliyah Dju Bire, Chatryen M Hailitik, Gerraldy L Harmin, Tarsisius Sandriaka Hedewata, Agustinus Hotan, Max Erwin Grandi Hotty, Toni Welem Husni Kusuma Dinata Jacob, Yossie M Y Jacob, Yossie M. Y Jemima, Hildegardis Koen, Felix Emanuel Koteng, Nur Azizah Nilamsari Jakaria Laos, Gerald Yustenlye Khamtry Manafe, Jefry O Naisanu, Nehemia O Ndari, Eusabius Neonufa, Ananda Pricely Rindang Pello, Helsina F Pello, Helsina Fransiska Petu, Modestus Angrianus Rahman, Arthur Geraldo Solukh, Biyan Marco Christian Soruh, Dewiner E. C Sukardan, Aloysius Tao, Fransiska Thoe, Maria Suryati Dorman Yuliana, Anisa