Tuba Helan, Yohanes G
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Wewenang Pengawasan Pemerintah Daerah Kabupaten Timor Tengah Utara Terhadap Pengelolaan Badan Usaha Milik Desa Feka, Gratiana Trifonia; Tuba Helan, Yohanes G; Asnawi, Norani
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.v1i2.14823

Abstract

The main problems of this research are: (1) How is the implementation of supervision of the Regional Government of North Central Timor Regency on the management of Village-Owned Enterprises? (2) Are there any obstacles in the use of supervisory authority of the Regional Government of North Central Timor Regency on the management of Village-Owned Enterprises? This research is an empirical juridical research. Data collection techniques are carried out by: interviews, literature studies, and documentation. The analysis technique used is qualitative descriptive. Results and discussion: (1) The supervisory authority of BUMDes has not been maximized, there is still abuse of authority. (a) Preventive Supervision Authority: In Lemon Village BUMDes the staffing authority has been running well according to their respective authorities, in Leo Sikun BUMDes Saenam Village supervision has not been maximized due to abuse of authority and no follow-up. In the PMD Service, supervision is routine and runs according to its authority, duties and functions. (b) Repressive Supervision Authority: in the PMD Office the follow-up action carried out is by conducting coaching, monitoring and evaluation. In BUMDes Lemon, follow up on existing obstacles by discussing with PEMDES. At BUMDes, Leo Sikun followed up by discussing with PEMDES, the community during MusDes and will be submitted to the PMD Office. However, until now there has been no change. (2) There are constraints in the supervisory authority: (a) Human Resources: in Lemon Village and Saenam Village the level of education is not very good and the need for attention from the PEMDES. (b) Facilities and Infrastructure: in Lemon Village there is no BUMDes office and also lack of supporting facilities in the form of computers. Meanwhile, in Saenam Village, facilities and infrastructure are sufficient, but there is no coordination between administrators and supervisors
PELAKSANAAN FUNGSI BADAN PERMUSYAWARATAN DESA DALAM MENAMPUNG DAN MENYALURKAN ASPIRASI MASYARAKAT DI DESA WAIJARANG KECAMATAN NUBATUKAN KABUPATEN LEMBATA DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 Karang, Mariani Ngura; Tuba Helan, Yohanes G; Lamataro, Cyrilius W. T
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.v1i1.13354

Abstract

The lack of knowledge of the Village Consultative Body regarding the function of accommodating and channeling community aspirations in Waijarang Village, Nubatukan District, Lembata Regency and the lack of awareness of the Village Consultative Body regarding the function of accommodating and channeling community aspirations so that the Village Consultative Body does not involve the community in terms of accommodating and channeling community aspirations and the community is lacking active participation channeling aspirations. The research approaches used in this research are a legislative approach, a conceptual approach, and a legal sociological approach (socio legal). The data collection techniques used were interviews and literature study techniques/documents studied and based on literature related to this research and the provisions of applicable laws and regulations. The results of the research show: (1) The implementation of the function of the Village Consultative Body in accommodating and channeling the aspirations of the community in Waijarang village, Nubatukan District, Lembata Regency is not running effectively due to a lack of understanding and awareness from the Village Consultative Body. (2) External inhibiting factors in implementing the function of the Village Consultative Body in carrying out its function of accommodating and channeling community aspirations, namely that the community does not understand the function of the Village Consultative Body and the community does not participate actively in channeling aspirations through the Village Consultative Body.
PENGATURAN KUOTA 30% PEREMPUAN DALAM PEMILIHAN LEGISLATIF DAN IMPLEMENTASINYA TAHUN 2014 DAN 2019 DI KABUPATEN NGADA Nono, Maria Melaniyano Ngadha; Stefanus, Kotan Y; Tuba Helan, Yohanes G
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.v1i1.13445

Abstract

Setting a 30% quota for women's representation in legislative elections is one of the affirmative action policies implemented in Indonesia. The aim of this policy is to increase women in the political sphere and eliminate discrimination against women. Even though there are regulations that support women's political rights, the quota for women in legislative seats is not fulfilled. Currently, the reality in Ngada Regency is that women's representation in the legislature is still very low. The problems in the thesis are; (1) Does setting a 30% quota for women in general elections support the development of Human Rights? (2) How is the 30% quota for women implemented in the 2014 and 2019 legislative general elections in Ngada Regency? This research is legal research of a juridical nature supported by empirical legal research where the data is obtained directly from the research location while still paying attention to the implementation of positive legal provisions and factual contact with each particular legal event that occurs in society and using qualitative descriptive juridical analysis. Data collection used interview guidelines conducted with 9 sources. The results of this research show that: (1) Setting a 30% quota for women in general elections really supports the development of human rights more specifically for women's political rights. (2) Implementation of the 30% quota arrangement for women's representation in the political realm in Ngada Regency is still limited to nominations, not extending to legislative members in Ngada Regency. This is caused by several things, starting from women themselves, regulations issued by the government, to the views and culture of the people of Ngada district.
DASAR LEGALITAS PEREDARAN MINUMAN BERALKOHOL TRADISIONAL JENIS SOPIA DI WILAYAH NUSA TENGGARA TIMUR Dari, Damianus Ngere; Tuba Helan, Yohanes G; Yohanes, Saryono
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.v1i1.13752

Abstract

Local alcoholic drinks or commonly known as sopi have never been separated from the culture of the people of East Nusa Tenggara. Sopi, apart from being used for consumption, also always colors religious celebrations in East Nusa Tenggara, such as proposals, weddings and traditional ceremonies. However, the distribution of alcoholic drinks that are not based on applicable regulations will have a negative impact on social problems, such as an increase in crime. The East Nusa Tenggara Provincial Government has a program to legalize local alcohol drinks in NUSA TENGGARA TIMUR. In this legalization, the Governor of NUSA TENGGARA TIMUR issued Governor's Regulation Number 44 of 2019 concerning Purification and Management of Traditional Alcoholic Drinks. It is hoped that this governor's regulation can create a reasonable balance between maintaining public health and preserving traditions, as well as supporting the livelihoods of the people in NUSA TENGGARA TIMUR province.
PEMBERIAN GANTI KERUGIAN HAK ATAS TANAH RAKYAT YANG BERKEADILAN (STUDI KASUS PEMBANGUNAN BENDUNGAN TEMEF DI KABUPATEN TIMOR TENGAH SELATAN) Barawasi, Azis; Pekuwali, Umbu Lily; Tuba Helan, Yohanes G
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.v1i1.13753

Abstract

Legal research is a systematic and methodological effort to uncover the truth by analyzing and constructing collected data. The focus of this research is on land acquisition for public purposes, with a foundation in legal concepts as the research method. Soerjono Soekanto and Abdulkadir Muhammad view legal research as a scientific activity that uses specific methods, systematic approaches, and thinking to analyze legal phenomena with the goal of problem-solving. Peter Mahmud Marzuki states that legal research is a scientific process to discover legal rules, principles, and doctrines.The aim of this research process is to find correct legal rules by discovering new values beneficial to society. The research type used is normative juridical, referring to legal norms in relevant regulations concerning land acquisition for public purposes. In order to gather information, this research utilizes four approaches: statutory approach, case approach, comparative approach, and conceptual approach. Through these approaches, the researcher seeks to gain a profound understanding of the construction of land acquisition for public purposes. The expected outcome of the research is to contribute to the understanding of agrarian law, especially regarding Land Acquisition Law, by detailing aspects regulated in Law No. 5 of 1960 and Law No. 2 of 2012. Thus, this research provides a conceptual foundation and in-depth understanding of the legal construction in the context of land acquisition for public purposes
URGENSI PERUBAHAN PROVINSI NTT MENJADI DAERAH KHUSUS PROVINSI KEPULAUAN DAN PERBATASAN NEGARA SERTA IMPLIKASI YURIDIS DALAM TATA PEMERINTAHAN DAERAHNYA Septiandhito, Teodorus; Tuba Helan, Yohanes G; Stefanus, Kotan 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.v1i1.13757

Abstract

The Province of East Nusa Tenggara (NTT) as a part of the Unitary State of the Republic of Indonesia has different characteristics from other provinces in Indonesia, geographically NTT is an archipelagic province consisting of a combination of large and small islands separated by sea. Meanwhile, from a national strategic perspective, NTT is a border area with other countries, sea borders with Australia and land borders with the Democratic State of Timor Leste (RDTL), and specifically within the NTT Province area there is the Oecusee Enclave which is part of RDTL. The conditions in NTT, which are very unique and not found in other provinces in Indonesia, have been a factor in the regional government in NTT not being optimal in carrying out government tasks. The effectiveness and efficiency of government, the high costs of government and development are the main obstacles and challenges faced and have made NTT Province one of the disadvantaged and poorest regions in Indonesia. To overcome the various challenges of regional governance in NTT Province, the implementation of asymmetric decentralization in the form of granting special status to NTT Province based on its geographical characteristics as an islands region and its strategic position as a state border is seen as the right solution to develop and direct NTT Province to be more competitive and able to keep pace with other provinces in Indonesia while strengthening Indonesia's outermost regions which are gateways to other countries. This legal research shows that basically the Indonesian constitution and the development of regional governance and national politics make it possible to provide asymmetric decentralization for the NTT Province to become a Special Province of Islands and National Borders. The implementation of asymmetric decentralization will have juridical implications in several areas of regional government in NTT, but ultimately aims to improve the welfare of the people of NTT which is the outermost fence on the southern side of Indonesia.
TINJAUAN YURIDIS ALIH FUNGSI MOBIL PRIBADI MENJADI ANGKUTAN UMUM DI KABUPATEN TIMOR TENGAH SELATAN Balelay, Kirsten R F N; Yohanes, Saryono; Tuba Helan, Yohanes G
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.v1i2.15097

Abstract

Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, transportation operators must have a permit as explained in Article 173, Problem formulation, namely: What are the procedures for using private cars as public transportation in South Central Timor Regency related to the conversion of private car use be public transport. Empirical juridical approach method, the data source is this research is empirical juridical research, namely research based on applicable laws and regulations and data obtained in the field. Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, transportation operators must have a permit as explained in Article 173, the problem statement is: Are there regulations regarding the use of private cars as public transportation in South Central Timor Regency related to conversion of use? Private vehicles are now used for public transit. Empirical juridical approach method, which uses data collected in the field and applicable laws and regulations as its data source, is an empirical approach to research on the law.
PENGUATAN WEWENANG KOMISI YUDISIAL DALAM MENJAGA KEHORMATAN DAN MARTABAT HAKIM DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2004 TENTANG KOMISI YUDISIAL Weo, Joey Giancello; Tuba Helan, Yohanes G; Lamataro, Cyrilius W T
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.v2i1.15620

Abstract

The main point in this issue is how to strengthen the authority of the judicial commission to ensure the honor and dignity of judges? What is an obstacle to strengthening the authority of the judicial commission is maintaining the honor and dignity of judges. This research is a normative juridical research, which is research on applicable legal norms, including research on the level of vertical and horizontal synchronization. The synchronization in question is the laws and regulations relating to the Judicial Commission This conclusion emphasizes the important role of the Judicial Commission as a judge monitoring institution in maintaining the honor and dignity of judges. With a deep understanding of Law Number 22 of 2004, the Judicial Commission can carry out its supervisory function optimally, provide a sense of justice to the public, and strengthen the foundation of the integrity of the judiciary in Indonesia. This understanding also provides direction for improving and updating regulations if necessary in order to respond to the dynamics of legal developments and community needs in the future.