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Settlement of Bad Credit with Mortgage Guarantee at the Pintu Air Credit Cooperative Savings and Loans Cooperative, Kupang Branch Adoe, Chicy La Viescha; Hedewata, Agustinus; Mauritsius, Darius
Indonesian Journal of Economic & Management Sciences Vol. 1 No. 5 (2023): October 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijems.v1i5.6137

Abstract

There are many bad credit problems that occur in every cooperative. Here the author is interested in researching the Settlement of Bad Credit with Guarantee of Mortgage Rights where the Credit Savings and Loans Cooperative is located at the Water Gate Kupang Branch, and here the author takes 2 (two) problem formulations, namely the first, how to resolve bad credit with guarantee of mortgage rights in the Cooperative The Pintu Air Credit Cooperative Savings and Loans, Kupang Branch, and secondly, what are the obstacles experienced in resolving bad credit with mortgage rights at the Kupang Branch of the Pintu Air Credit Cooperative Savings and Loans. The research method uses qualitative research, using empirical research. The location of the research carried out was at the Pintu Air Credit Cooperative Savings and Loans Cooperative, Kupang Branch on Jalan Perintis Independen 3, Kelapa Lima Village, Kelapa Lima District, Kupang City. Primary data and secondary data are two types of data collected
Tinjauan Yuridis Terhadap Ketidakstabilan Harga Beras Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Angkak, Andreas Anandri Bagus; Mauritsius, Darius; Jacob, Yossie M Y
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15994

Abstract

This research aims to find out legal protection for consumers as well as the inhibiting factors in efforts to stabilize rice prices in terms of Law Number 8 of 1999 concerning Consumer Protection. The research method used in this research is Normative Juridical, meaning research conducted to analyze data in literature using currently applicable legal regulations. The legal sources and materials used are primary, secondary and tertiary legal materials. The research results show that the price of rice has experienced significant price fluctuations in recent years, this is due to factors such as decreasing rice production but increasing demand for rice. So the government is making every effort to overcome this problem in order to protect the public, especially consumers who have difficulty getting or buying rice at quite high prices. There are two ways of protection carried out by the government, namely preventive and repressive protection.
Perspektif Kitab Undang – undang Hukum Perdata Terhadap Kontrak Antara Yayasan Sahabat Keluarga Daycare Bintang Al-Qur’an Dengan User Tentang Penitipan Anak Djawas, Nur Nakiyah Fatliyah; Mauritsius, Darius; Damat, Petornius
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.19457

Abstract

This study aims to analyze the perspective of the Indonesian Civil Code (KUHPerdata) on binding contracts between the Sahabat Keluarga Daycare Bintang Al-Qur’an Foundation and service users (parents) in childcare. This research employs a normative empirical legal approach, combining theoretical studies with field data collected through interviews and observations at the daycare. The findings indicate that the contract plays a crucial role in defining the rights and obligations between both parties, while providing legal protection for those involved. In practice, the contract at Bintang Al-Qur’an daycare has not fully complied with the formal and substantive requirements stipulated in KUHPerdata, which poses potential legal risks, especially if there is any violation of children's rights or unlawful acts. This research is expected to serve as a guide for daycare management to formulate more comprehensive contracts in accordance with civil law principles.
Analisis Yuridis Pembatalan Akta Hibah Tanah Oleh Pengadilan Negeri Kupang (Studi Kasus Putusan Nomor 298/PDT.G/2021/PN/KUPANG) Neonufa, Ananda Pricely Rindang; Mauritsius, Darius; Dinata, Husni Kusuma
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.21068

Abstract

Cancellation of a deed of gift has legal consequences that the assets that have been donated must be returned to the grantor, as regulated in Articles 1673 and 1674 of the Civil Code. The problem in this study is how are the considerations of the parties in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? And how are the considerations of the judge in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? The type of research used is normative legal research by collecting, reading, tracing a number of library materials and analyzing Decision Number 298/pdt.g/2021/PN/Kupang. The results of this study show: (1) The considerations of the parties in this case the Plaintiff, Defendant and Co-Defendant I and Co-Defendant II each have strong reasons regarding their involvement in the land grant process until the issuance of the certificate, but from all the reasons put forward there are several irregularities that weaken the Defendant and Co-Defendant and (2) the basis for the judge's considerations in this decision is in accordance with the objectives of the law, namely Justice, Certainty and Benefit. Legal certainty has occurred after the deed of grant was issued in the name of the defendant, but the judge set aside the objective of legal certainty, but in this case the judge also took another objective, namely justice.
Penerapan Hukum Adat Terkait Sengketa Tanah Wida Antara Masyarakat Kampung Lawir Dan Masyarakat Kampung Kakor Kecamatan Langke Rembong Kabupaten Manggarai Nusa Tenggara Timur Thoe, Maria Suryati Dorman; Mauritsius, Darius; Dju Bire, Chatryen M
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.21360

Abstract

This empirical legal research investigates a land dispute in Indonesia between the Lawir village community (descendants of Rona) and the Kakor village community (descendants of Wina), originating from a land grant to Wina upon her marriage. The study identifies the factors causing this potential conflict and examines the provisions of customary law in its resolution. Data was collected through interviews and literature review, and analyzed descriptively-qualitatively. The findings reveal that the dispute is triggered by the Kakor community's desire to sell the land, the absence of formal ownership documents, and the Lawir community's intent to reclaim the land for public facilities. The customary law resolution involves the Traditional Elder mediating through a process called "Leko wase." This process includes an offering ("kapu manuk lele tuak") followed by a ritualistic invocation ("kepok") and culminates in both parties jointly demarcating the land boundaries with symbolic markers. This study highlights the role of customary law in resolving land disputes in the absence of formal legal frameworks.
Tanggungjawab Pemilik Hewan Peliharaan Bagi Korban Gigitan Anjing Rabies Di Tinjau Dari Kuhperdata Di Kabupaten Belu Asa, Febrini Welhelmina; Mauritsius, Darius; Pello, Helsina F
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22336

Abstract

The implementation of the legal responsibility of animal owners towards victims of rabies dog bites in Belu Regency is de jure regulated by Articles 1365 and 1368 of the Civil Code. However, de facto, this system experiences systemic dysfunction due to various structural and socio-cultural obstacles: (1) Internal factors of animal owners—as seen from the low level of education among owners (50% only have elementary/junior high school education) related to a lack of knowledge about the law (66.7% do not understand legal obligations), an indifferent attitude (“bites are not considered a serious problem”), and negligence in supervision (dogs are allowed to roam without vaccination); (2) External factors—consisting of difficulties in proving animal ownership (lack of dog identification), minimal access for victims to reach legal mechanisms (66.7% of victims do not know the reporting procedure), and weak supervision from the government (incomplete socialization, lack of firm sanctions); (3) Systemic impact—only 33.3% of victims received accountability (customary treatment/mediation costs), but 50% of animal owners refused to accept responsibility, leaving victims trapped in a justice vacuum that worsens the potential for a rabies outbreak. Sustainable solutions are needed through multidimensional interventions: application of administrative sanctions, legal education based on culture, and cooperation between agencies (Livestock Service, Health Service, and Police). Without this synergy, victims will remain the most disadvantaged party in a legal system that is not yet functioning optimally.
Analisis Perlindungan Hukum Terhadap Debitur Dalam Transaksi Pinjaman Online Di Aplikasi Adakami Katoda, Rudyanto Benyamin Hendika; Mauritsius, Darius; Dinata, Husni Kusuma
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22577

Abstract

One of the innovations that emerged from this progress is the presence of online loan services. Effective and efficient online loan services provide convenience for people to access loan funds. The problem that often occurs is because high interest rates make it difficult for borrowers to pay off the debt, then get terror from debt collectors so that there are customers who prefer to end their lives. So the author conducted this study with the aim of: 1) To find out and analyze the legal protection provided to debtors in online loan transactions through the AdaKami application based on the laws and regulations in force in Indonesia. 2) To find out and analyze legal protection for debtors related to debt collection practices that carry out interest terror actions that are not in accordance with the contents of the agreement on the AdaKami application. This study uses a normative legal research type. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed descriptively analytically. The results of the study show the existence of regulations governing the legal protection provided to debtors in online loan transactions and the lack of legal protection for debtors related to debt collection practices that carry out interest terror actions that are not in accordance with the contents of the agreement on the service.
Kajian Perbandingan Hukum Terhadap Larangan Perkawinan Hukum Adat Ana Wale Dan Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Di Kecamatan So’a Kabupaten Ngada) Wale, Faustin Ye; Mauritsius, Darius; Bire, Chatryen M. Dju
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22777

Abstract

A comparison of the prohibition of marriage found in the Ana Wale Customary Law with the provisions of Law No. 1/1974 on Marriage, especially in the context of the community in So'a Subdistrict, Ngada Regency. Ana Wale customary law recognizes the prohibition of marriage with the Sengi tribe based on a hereditary customary agreement known as Tura Zazi or bloody oath, which arose from historical conflicts and aims to maintain social harmony. Meanwhile, the Marriage Law stipulates prohibitions based on blood relations, consanguinity, consanguinity, and religious rules. This research uses an empirical legal method with a qualitative approach through interviews and document studies. The results show that although there are similarities in the purpose of the prohibition, namely maintaining social and moral order, there are fundamental differences in the legal basis, the form of sanctions, and in the prohibition in the Ana Wale Customary Law there is an agreement stating that the two prohibited tribes are blood relatives not based on lineage but based on a customary agreement or oath. This research contributes to the understanding of harmonization between national law and customary law and becomes a reference in the preparation of policies that are culturally just.
KEABSAHAN PERJANJIAN JUAL BELI TANAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI PUTUSAN NOMOR: 15/PDT.G/2020/PN KFM) Konay, Intan Thesalin; Mauritsius, Darius; Dinata, Husni Kusuma
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22726

Abstract

This study examines the validity of an oral land sale and purchase agreement in the Kefamenanu District Court Decision Number 15/Pdt. G/2020/PN Kfm. Normatively, the relationship between the Plaintiff and the late Yacob Maniagala has met the requirements for a valid agreement in accordance with Article 1320 of the Civil Code, which includes the consent of all parties, legal capacity, clear objects, and legitimate purposes. However, the panel of judges rejected the application on the grounds that: the purchase receipt was considered unilateral because it was only signed by the seller without involving authorized officials such as PPAT or Lurah; the transaction violated the provisions of Article 37 of Government Regulation Number 24 of 1997 which requires a Land Deed Official, deed for the transfer of land rights; and factual ownership for nine years is not considered valid evidence without a land title certificate. This decision shows a striking difference between civil law recognition of oral agreements and agrarian lawsuits related to administrative formalities. Even though the procedures have been met, there is still substantive injustice to buyers in good faith. Thus, this study encourages the need for reform in the land registration system to accommodate informal sales practices that often occur in society.