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Jacob, Yossie M Y
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Journal : Petitum Law Journal

 1 
UPAYA DAN HAMBATAN PEMENUHAN HAK DAN KEWAJIBAN PESERTA BPJS KETENAGAKERJAAN DI DESA OESENA, KECAMATAN MIOMAFFO TIMUR, KABUPATEN TIMOR TENGAH UTARA Ketmoen, Hendrikus Natanael; Aloysius, Sukardan; Jacob, Yossie M Y
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.v1i1.13520

Abstract

BPJS Ketenagakerjaan participants who are workers are entitled to legal protection, because it is included in the National Social Security System and is a state program with the aim of providing certainty of protection and social welfare for all Indonesian people. Legal protection has the purpose of providing protection to human rights that are harmed by other individuals. Legal protection is a variety of legal efforts that must be given by law enforcement officers in order to form a sense of security, either physically or mentally from various threats from any party and given to the community so that they can enjoy all the rights granted by law. This study is included in Empirical Legal Research is a method of legal research that seeks to see the law in a real sense or can be said to see, examine how the law works in society, which then uses a research approach, a type of qualitative approach. Efforts to overcome the fulfillment of the rights and obligations of BPJS Ketenagakerjaan participants and obstacles in the fulfillment of the rights and obligations of BPJS ketenagakerjaan participants. The results showed that: (1) in Oesena Village, efforts to fulfill the rights and obligations of BPJS Ketenagakerjaan participants have been implemented but not maximally in accordance with the vision and mission of BPJS Ketenagakerjaan, this can be seen from the difficulty of the BPJS Ketenagerjaan claim process for work accident insurance. Then, the disbursement of Old-Age Security for participants who die or experience permanent disability should be able to take place more quickly because it is urgent, and many participants do not understand their rights as BPJS Ketenagakerjaan participants due to lack of socialization. (2) There are several factors that become obstacles in fulfilling the rights and obligations of BPJS Ketenagakerjaan participants, namely internal factors and external factors.
PENERAPAN ASAS PACTA SUNT SERVANDA DALAM PENYELESAIAN PERJANJIAN PINJAM MEMINJAM DI KOPERASI SWASTI SARI Baud, Gilbert Leonard; Aloysius, Sukardan; Jacob, Yossie M Y
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.v2i1.15794

Abstract

Pacta sunt servanda principle has several implications for compliance with agreements, repayment of obligations, legal protection, invalidity of this principle, negotiation and renegotiation. Based on this case, formulated the main problems: (1) How is the application of Pacta sunt servanda principle in the settlement of lending and borrowing agreements in Kupang Kota branch of Swasti Sari Cooperative? (2) What are the efforts to resolve violations of the borrower's loan agreement made by Koperasi Swasti Sari Kupang Kota Branch? This study is empirical juridical research. The results showed that Saving adn Loan Cooperative Kopdit Swasti Sari as the creditor applies the principle of Pacta sunt servanda, in this case as a creditor, of course, does not ignore or violate the agreement, because the consequences can harm the creditor itself. The procedure for resolving defaults in credit agreements at Saving adn Loan Cooperative Kopdit Swasti Sari is divided by borrower categories if the debtor has income and there is good faith to complete the loan, Rescheduling can be carried out, if the debtor (cooperative member) has income but there is no good faith to complete the loan, seizure of collateral/collateral items can be carried out.
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.
ANALISIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN DAN TANGGUNG JAWAB PT. PLN (PERSERO) DALAM PENCATATAN KWH METER LISTRIK DI KOTA KUPANG DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Seseli, Yunita Berlian; Jacob, Yossie M Y; Kaesmetan, Rini Marselin; 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.v2i2.20793

Abstract

Indonesia is a state governed by law, prioritizing legal principles in all aspects of national life. One effort to uphold this principle is the development of legal frameworks to ensure justice, legal certainty, order, and a law-conscious society. Upholding the rule of law and justice is rooted in Pancasila and the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as UUD 1945), which emphasizes human rights and guarantees equality for all citizens before the law and government without exception. Legal protection for consumers is a fundamental issue in public services, including electricity provision. This study focuses on the recording of kilowatt-hours meters by PT. PLN (Persero) in Kupang City, which often experiences inaccuracies that may disadvantage consumers. This study employs an empirical juridical approach, with primary data obtained through interviews and observations, and secondary data gathered from literature reviews. The findings reveal that (1) inaccuracies in kilowatt-hours meter recording frequently occur due to human errors, device malfunctions, and system weaknesses, causing financial losses to consumers. (2) PT. PLN is responsible for correcting errors, providing compensation, and improving the recording system. Recommendations include enhancing recording accuracy, replacing defective devices, and educating consumers about their rights. Implementing more effective legal protection is expected to increase consumer trust in electricity services.
PROSES GANTI RUGI LAHAN BENDUNGAN TEMEF KABUPATEN TIMOR TENGAH SELATAN DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Manafe, Andry Samuel; Jacob, Yossie M Y; 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.v2i2.20798

Abstract

The practice of land acquisition for the public interest, especially the construction of the Temef Dam, has caused problems between the government and the community, especially in terms of land acquisition. Starting from compensation for the land that has been acquired and the time of land acquisition or relocation of the community. The implementation of land acquisition for public interest often experiences obstacles and challenges. The application of a fair compensation mechanism in the construction of Temef Dam in South Central Timor Regency is important considering the potential for conflict that can arise between the landowner community and the government. These conflicts can arise due to various factors, such as disagreements over compensation values, late payments, or lack of information provided to the community. Therefore, the principles stated in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, such as transparency, justice, and consensus, must be implemented properly so that the land acquisition process can take place peacefully and meet the interests of all parties. These inhibiting factors illustrate some of the fundamental challenges that often arise in land acquisition projects, especially in the context of the Temef Dam construction. The discrepancy in compensation values ​​is one of the biggest factors that triggers community objections. Local communities often feel that the compensation offered does not reflect the market value or potential economic benefits of their land, especially for land used for agriculture or other productive economic activities.
ANALISIS YURIDIS PERJANJIAN PRANIKAH DI INDONESIA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Dae Panie, Norci P; Jacob, Yossie M Y; Pello, Helsina F
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.v3i1.22453

Abstract

This study analyzes the legal protection and implications of prenuptial agreements as regulated under the Indonesian Civil Code. Prenuptial agreements, which are created prior to marriage, serve as legal instruments that govern the division, management, and ownership of property between future spouses. Although their legal standing is acknowledged, the practical application of these agreements in Indonesia remains limited due to cultural stigma, insufficient public awareness, and the perception that such agreements contradict traditional values. This normative juridical research employs a statutory and analytical approach to examine relevant legal provisions, especially those found in the Civil Code, Law Number 1 of 1974 on Marriage, and the Compilation of Islamic Law. The findings indicate that while existing legal instruments provide a basis for regulating property relations through prenuptial agreements, they lack a comprehensive framework for addressing broader aspects such as economic rights, child protection, and spousal responsibilities. Moreover, there is an urgent need to reform and harmonize related regulations to enhance legal certainty and prevent future disputes. Strengthening legal literacy and promoting the social legitimacy of prenuptial agreements are also essential steps to ensure that these agreements function not only as protective legal tools but also as preventive mechanisms that contribute to household stability and justice in marriage.
Co-Authors Aloysius, Sukardan Andri, Efanrianus Angkak, Andreas Anandri Bagus Baud, Gilbert Leonard Buraen, Stefanus Asa Emuel Chatryen M Dju Bire Dae Panie, Norci P Dally, Azarya Syalom Dollu, Daud Yaferson Ermalinda, Jenny Hedewata, Agustinus Husni Kusuma Dinata Jemadut, Benedikta Renaastuti Kade, Angelina Febriani Kaesmetan, Rini Marselin Ketmoen, Hendrikus Natanael Kim, Maria Theresia Lay Hire Wake, Raynaldi Manafe, Andry Samuel Manlea, Carmela Modesti Sonya Mau, Stefanus Mauritsius, Darius Ndolu, Juliana S Nubatonis, Orpa J Nubatonis, Orpa Juliana Nunuhitu, Tiara Gracela Pello, Helsina F Seseli, Yunita Berlian Solukh, Biyan Marco Christian Tallo, Daud Dima Therik, Abigail Amelia Un, Alicia Chalista Usman, Siti Ramlah