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Jacob, Yossie M Y
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Analisis Yuridis Terhadap Faktor-Faktor Penyebab Terbitnya Sertifikat Ganda Berdasarkan Putusan Nomor 21/PDT.G/2021/PN LBJ Di Kelurahan Labuan Bajo, Kecamatan Komodo, Kabupaten Manggarai Barat Jemadut, Benedikta Renaastuti; Jacob, Yossie M Y; 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.v3i1.22260

Abstract

Land with many benefits often causes problems or disputes, this is inseparable from the existence of regulations governing land ownership and utilization and the things above it. This research is a normative research, focusing on the analysis of legislation and related legal concepts. The method used in this research is literature study, the sources of legal materials used are primary, secondary, and tertiary laws. The method used to analyze the data is descriptive analysis. The results of the study show that the factors causing the issuance of duplicate certificates based on decision number 21 Pdt.G 2021 PN Lbj are the BPN which did not make changes to changes in land data to match conditions in the field, PPAT who was not careful in digging up information related to the object of sale and purchase including not being careful in understanding the subject's ability in sale and purchase, The related parties who deliberately distorted the facts as if the land transferred to him or the sale and purchase in 1989 never happened or happened but was invalid. The judge's consideration in deciding the dispute is to declare the lawsuit inadmissible (niet ontvankekijke verklaard) because the lawsuit is vague (obscuur libel).
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.
Pelaksaan Perjanjian Jual-Beli Sepeda Motor Yang Masih Terikat Perjanjian Sewa-Beli Pada Perusahan Pembiayaan Ditinjau Dari Kitab Undang-Undang Hukum Perdata Andri, Efanrianus; Usman, Siti Ramlah; 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.v1i2.15912

Abstract

The increasing prevalence of consumerist culture stimulates public interest in consumer financing, particularly in the purchase of motorcycles through credit systems. Non-bank financing institutions have become the primary choice due to their streamlined processes. The issues examined are: (1) How is the implementation of motorcycle lease-purchase agreements at consumer financing companies viewed in light of the civil code, (2) What are the legal consequences of motorcycle sales still bound by lease-purchase agreements at consumer financing companies according to the civil code. This research is normative legal research, utilizing theoretical foundations and legal materials consisting of primary, secondary, and tertiary legal materials, analyzed descriptively qualitatively. The research findings indicate: (1) The implementation of Motorcycle Lease-Purchase Agreements at Consumer Financing Companies, as Reviewed Under the Civil Code, employs the principle of contractual freedom, particularly through standard agreements, which are unnamed contracts stemming from the principle of contractual freedom. Article 1338 of the Civil Code stipulates that all agreements made apply as law to those who make them. (2) The Legal Ramifications of Selling Motorcycles Still Bound by Lease-Purchase Agreements at Consumer Financing Companies (Creditors), as Reviewed Under the Civil Code, entail such actions being deemed unilateral legal actions by consumer financing companies, thereby regarding the first party as still bound by the consumer financing agreement. This transfer contravenes Law Number 42 of 1999 concerning Fiduciary Guarantees, granting the financing company the right to undertake fiduciary execution measures, namely repossession of the motorcycle.
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.
Pertanggungjawaban Hukum Dan Penetapan Hak Asuh Anak Yang Diterlantarkan Pasca Kematian Salah Satu Orang Tua Di Kota Atambua Berdasarkan Undang-undang Nomor 35 Tahun 2014 Tentang Perubahan atas Undang-undang Nomor 23 tahun 2002 Tentang Perlindungan Anak Mau, Stefanus; Jacob, Yossie M Y; Pello, Helsina F
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.v2i1.19437

Abstract

Child custody is the right that parents or guardians have to care for, educate and make important decisions relating to the welfare and development of their child. Child neglect is the act of illegally releasing a person's responsibilities and rights towards their offspring. In this case, the Court and the Women's Empowerment and Child Protection Service (DP3A) play a very important role in the process of accountability for child custody and guaranteeing the child's interests. The type of research used is empirical research. This research was conducted in Atambua City. The types of data used are primary data and secondary data. The data collection technique used was through interviews and observation. The population in this study were judges at the Atambua District Court, employees of the Child Protection Department (DP3A), and parents and guardians of children who were abandoned after the death of their mother in Atambua City. The sample used in this research was saturated sampling, and there were 4 respondents.
Tanggung Jawab Orang Tua Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Anak Di Bawah Umur Menurut Hukum Perdata Nunuhitu, Tiara Gracela; Jacob, Yossie M Y; 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.v2i2.21059

Abstract

Based on Article 1367 of the Civil Code, parents are responsible for the actions of minors, unless they can prove that they have provided sufficient supervision to prevent such actions. This principle is based on the concept of vicarious liability, which shifts legal responsibility from children to parents or those responsible for the care and development of children. The problems discussed in this journal are: (1) How is the responsibility of parents for unlawful acts committed by minors according to civil law? and (2) How are the settlement efforts applied when minors commit unlawful acts? The research used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that in cases of unlawful acts committed by minors, parents can be held civilly liable in the form of compensation to the victim. However, in practice, dispute resolution mechanisms are more often carried out through non-litigation approaches such as deliberation and mediation in order to avoid negative impacts on the child's psychological development. The study also found that although Indonesian civil law regulates parental responsibility, there are still challenges in proving adequate supervision and in ensuring a balance between protecting the rights of victims and the best interests of the child.
Tanggung Jawab PT Nusa Timor Perkasa Sebagai Developer Dalam Penjualan Rumah Melalui Kredit Pemilikan Rumah (KPR) Perumahan Nusa Persada Di Naioni Kota Kupang Buraen, Stefanus Asa Emuel; Jacob, Yossie M Y; 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.v2i2.21060

Abstract

Developers or what are known as housing development companies are companies engaged in housing development from various environmental infrastructure and social facilities needed by their residents. Housing is defined as a residential area equipped with public facilities and supporting infrastructure. Banking plays a role in providing financing facilities through Home Ownership Credit (KPR). KPR is a credit facility provided by banks for customers to buy or renovate a house. In its implementation, developers work with banks to facilitate public access to home ownership. This study discusses (1) the legal relationship of the parties in the sale of a house through Home Ownership Credit and (2) the developer's responsibility for the quality of the house building after the Home Ownership Credit agreement.This study is an empirical legal study with a qualitative descriptive method. The results of the study indicate that the legal relationship between the parties occurs since the signing of the agreement, namely the cooperation agreement between the developer and the bank, the sales and purchase agreement between the developer and the consumer, and the credit agreement between the bank and the consumer in accordance with Article 1320 of the Civil Code. The developer's responsibility is basically to complete the construction of the building, provide infrastructure, provide facilities, provide public utilities, take care of the distribution of certificates, and be responsible for the subsidized housing building after the credit agreement. The principle of responsibility applied by the developer to consumers is the principle of responsibility with limitations (limitation of liability).
Perlindungan Data Pribadi Pada Platform Digital Pinjaman Online Ditinjau Dari Undang-Undang Nomor 27 Tahun 2022 Tentang Perlindungan Data Pribadi (Studi Kasus Di Kota Kupang, NTT) Kim, Maria Theresia; Jacob, Yossie M Y; 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.v2i2.21070

Abstract

The protection of personal data on online lending digital platforms has become an increasingly important issue in line with the rapid development of information and communication technology. This study aims to analyze the legal protection of personal data in the context of online lending in Kupang City, East Nusa Tenggara, with reference to Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). The research method used is empirical law, with data collection through interviews and literature studies. The results show that although the PDP Law provides a clear legal framework, there are still weaknesses in its implementation, especially related to public awareness of their rights to personal data. Factors causing personal data leakage include internal weaknesses in data management by online loan providers, as well as external factors such as economic conditions and lack of education. This research recommends the need for a comprehensive approach that combines preventive and repressive efforts to improve personal data protection, as well as raising public awareness of the importance of data security. Thus, it is hoped that the protection of personal data can be guaranteed, support public trust, and encourage sustainable growth of the digital economy.
Kekuatan Hukum Pembuktian Sertifikat Hak Milik Atas Tanah (Studi Kasus Putusan Pengadilan Negeri Rote Ndao Kelas II Nomor: 10/PDT.G/2022/PN RNO) Therik, Abigail Amelia; Jacob, Yossie M Y; 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.v2i2.21174

Abstract

Land has an important role in human survival. To ensure legal certainty and protection for each person holding the relevant rights, it is necessary to prove ownership of land rights, namely Certificate of Ownership. But in fact, even land that has been certified can still be sued. This shows that the existence of land certificates has not fully guaranteed legal certainty and legal protection to the relevant right holders as in Decision Number: 10/Pdt.G/2022/PN Rno. This research is normative juridical research with a statutory approach, case approach and conceptual approach. The results of this research show: (1) That the Plaintiff in all the evidence that has been submitted cannot dispute the validity of the Certificate of Title Number: 537 of 2009 in the name of the Defendant, dated July 27, 2009, so that the Defendant's ownership of the disputed land is valid according to the law and the Certificate of Title has strong evidentiary power that is legally binding which has been reviewed according to the theory of evidence. (2) That the panel of judges examining and adjudicating this case has given a decision based on legal considerations that have the value of justice (ex aequo et bono) and contain legal certainty. In this case, the panel of judges decided that the Plaintiff's claim was rejected in its entirety and that the Defendant was entitled to the disputed land based on Certificate of Title Number: 537 of 2009 in the name of the Defendant, dated July 27, 2009.
PENYULUHAN HUKUM PENINGKATAN KAPASITAS APARAT DESA DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Bire, Chatryen M Dju; Nubatonis, Orpa Juliana; Tallo, Daud Dima; Jacob, Yossie M Y; Ermalinda, Jenny; Dollu, Daud Yaferson
Jurnal Abdi Insani Vol 11 No 1 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i1.1447

Abstract

Villages are a part of the Indonesian government that has a strategic role and function to assist the country's development. Despite this, many villages still face many problems related to public services, village financial management, low community participation in development, and a lack of legal understanding of good village management and governance according to applicable regulations, one of which is O'A Mate Village. To enable villages to develop and provide much better services to the community, efforts are needed to improve the capacity of village officials. This capacity building training for village officials was conducted in O'A Mate Village, Northwest Alor Sub-District, Alor Regency, and aimed to improve the knowledge and skills of village officials in the management of village governance and development, especially related to Law No. 6/2014 on Villages and the value of having good behavior. This community service activity was carried out in O'A Mate Village, Northwest Alor District, Alor Regency. The method used in this socialization is by means of face-to-face / lecture, discussion or in-depth dialogue about the material that has been presented with the participants. During the socialization, participants were quite active in asking questions about the material presented by the resource person. This was shown by active discussions and questions and answers between participants and resource persons. According to some participants, this activity showed that they had gained knowledge and understanding of the importance of increasing the capacity of village officials in carrying out their duties and responsibilities as village officials in accordance with Law No. 6/2014 on Villages. The participants acknowledged that the material presented by the service to society team was new and had never been heard or known by the community about the value of BeRAKHLAK in performing services as village officials. Finally, the service to society team can conduct socialization to improve the insights, knowledge and skills of village officials on how to manage village governance and development in a better way.
Co-Authors Aloysius, Sukardan Andri, Efanrianus Angkak, Andreas Anandri Bagus Baud, Gilbert Leonard Bire, Chatryen M Dju Buraen, Stefanus Asa Emuel Dae Panie, Norci P Dally, Azarya Syalom Dju Bire, Chatryen M 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