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Pelaksanaan Perjanjian Dan Akibat Hukum Dari Sewa Menyewa Rumah Dinas Milik Pemerintah Kabupaten Timor Tengah Selatan Ditinjau Dari Kitab Undang-Undang Hukum Perdata Sakeh, Fahry Fausi; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v2i1.18715

The purpose of this study is to determine the implementation and legal consequences of the official residence rental agreement owned by the South Central Timor Regency Government. The type of research used is Empirical Law research, the type of data used in this study is qualitative. The data used in the study is based on the relevance of the source data, namely primary and secondary data. The results of this study suggest that in the implementation of the official residence rental agreement there is no contract agreement between the occupant of the official residence as the tenant and the Regional Government as the owner of the official residence. The tenant of the official residence only gets a Regent's Decree without any other documents. In terms of the contract agreement between the 2 parties, the legal force is not strong because the basis for the lease is only the Regent's Decree. The Regent's Decree is not an agreement document, but the Regent's Decree is a state administrative document. The impact of the absence of a contract is that many residents of the official residence have many arrears

Kekuatan Sertifikat Hak Milik Sebagai Jaminan Kredit di BRI Unit Halilulik Desa Naitumu Kecamatan Tasifeto Barat Kabupaten Belu Bone Lau, Hildegard Blinda Lestari; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v2i1.18819

This study aims to find out and analyze the strength of title certificates as bank credit guarantees carried out in the BRI Halilulik unit, Naitimu Village, West Tasifeto District, Belu Regency. The research method used in this writing is empirical research. The data collection of this research uses literature studies, document studies, observations and interviews. The results of this study show that (1) the strength of the title certificate used as collateral in credit granting transactions in the halilulik bri unit has the highest category that has a strong potential to get credit from the Bank as a creditor because in terms of security for the lender or the Bank, title is certainly the main choice and is a fairly strong type of right. (2) factors that cause a customer to lose a certificate of ownership as collateral in the provision of credit at the bri halilulik unit which include internal factors and external factors as the cause of the customer losing the certificate of ownership.

Analisis Yuridis Pelanggaran Asas Itikad Baik Dalam Penggunaan Merek Berdasarkan Undang-Undang Merek Dan Indikasi Geografis & Studi Kasus Putusan MA NO.8/PK/PDT.SUS-HKI/2020 Manlea, Carmela Modesti Sonya; Nubatonis, Orpa J; Jacob, Yossie M Y
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.v2i1.18924

This study analyzes the violation of the principle of good faith in trademark usage based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications, focusing on the Supreme Court's decision No. 8/Pk/Pdt.Sus-HKI/2020. The principle of good faith is a fundamental concept in trademark law aimed at preventing the misuse of trademark rights, particularly in the unauthorized registration and usage of trademarks. In this case, the Supreme Court examined the actions of a party deemed to have used a trademark in bad faith by copying or duplicating a well-known mark for personal gain. This research employs a normative juridical method, using a statutory and case-based approach. The analysis reveals that violations of good faith in trademark usage can harm legitimate trademark owners and breach existing legal provisions in Indonesia. The Supreme Court's ruling provides significant guidance on the application of the good faith principle in trademark protection and underscores the importance of honesty and transparency in trademark registration.

Tinjauan Hukum Terhadap Kontrak Kerja Guru Honorer Ditinjau Dari Undang-Undang Nomor 14 Tahun 2005 Tentang Guru Dan Dosen Di SMAN 2 Kota Kupang Dally, Azarya Syalom; Nubatonis, Orpa J; Jacob, Yossie M Y
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.v2i1.18942

This thesis examines the legal review of contracts for honorary teachers based on Law Number 14 of 2005 concerning Teachers and Lecturers. The study aims to identify and analyze the existence and legal implications of contracts entered into by honorary teachers, as well as their compliance with applicable regulations. The research employs a qualitative approach, utilizing document analysis and interviews with relevant parties, such as honorary teachers, school principals, and education law experts. The findings indicate that contracts for honorary teachers often do not meet the legal requirements established by the law, including basic rights, job protection, and employment status certainty. This study recommends the need for regulatory revisions and improved oversight of honorary teacher contracts to ensure fairness and the protection of their rights within the education system.

Tanggung Jawab Pelaku Usaha Rokok Yang Tidak Mencantumkan Informasi Dan Peringatan Kesehatan Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Salukh, Andre; Nubatonis, Orpa J; 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.v2i1.19124

This study analyzes the responsibilities of tobacco businesses that fail to include health information and warnings in accordance with Law No. 8 of 1999 on Consumer Protection. The objective of this research is to identify the legal implications and consequences for businesses that neglect these obligations. The methodology employed is quantitative analysis through data collection. The results indicate that non-compliance with the requirement to provide health information and warnings can lead to administrative sanctions and legal claims. Additionally, the lack of information poses health risks to consumers and infringes upon their rights. This research concludes that stricter law enforcement is essential to protect consumers and encourage businesses to fulfill their responsibilities.

ANALISIS HUKUM TENTANG SENGKETA TANAH YANG BERSERTIFIKAT DI TELUK MUTIARA KABUPATEN ALOR PO Tausbele, Harun Hermon; Hedewata, Agustinus; Nubatonis, Orpa J
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.v2i1.15413

Now in practice there are often fake certificates or double certificates in the community, so that land rights holders need to find information about the truth of physical data and juridical data on the land in question at the Local Land Office. Based on this case, the researcher formulated the main problems, namely: (1) How is the legal force of land that already has a certificate of ownership? (2) How is the settlement of land disputes certified? This study uses empirical legal research methods that examine how the law works in society. Aspects of the study examined the legal strength of the land that already has a certificate of property rights and Land Dispute Resolution certified. The results found that: (1) the legal certainty of the certificate containing the written provisions stated in the law or other regulations is absolute meaning it can not be contested. (2) Dispute Settlement can be done through three ways, namely: settlement through the judiciary, which is submitted to the General Court body in a civil manner, advocacy, through arbitration.

LEGALITAS OVER KREDIT (PENGALIHAN UTANG) DAN AKIBAT HUKUM BAGI DEBITUR DALAM PERJANJIAN LEASING KENDARAAN MOBIL (STUDI PADA PT. SINAR MITRA SEPADAN (SMS) FINANCE KOTA KUPANG) Londong, Cornelis; Nubatonis, Orpa J; Dinata, Husni Kusuma
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.v2i1.15753

Current economic development is a manifestation of national economic progress so that it is hoped that it can create a just and prosperous society. To achieve national economic development in finance, it is carried out through several economic activities, both for people and leasing companies.This research study discusses the incident of transferring debt under the hands without the knowledge of the leasing agent and being judged as not complying with the contents of the leasing agreement. With this incident, it is necessary for the public to understand the legality of legal over-credit and the legal consequences for the debtor when carrying out a transfer of debt under the hand. This research uses empirical research with qualitative methods. The results of the research show that the legal consequences of transferring debt under the hands of a car from a philosophical perspective are contrary to the theory of contractual agreements, it can have a negative impact by compensating the leasing company for losses in accordance with the Civil Code Article 1243, Article 1266 and Article 1267 for doing so. default (broken promise). Officially, the validity of overcredit (transfer of debt) from a civil law perspective has been regulated in the Civil Code in Article 1233, Article 1234, Article 1313, Article 1320, Article 1338 Paragraph (1), Article 1338 Paragraph (3), and Article 1413. If viewed from a public law angle.

ASPEK KEPERDATAAN PERKAWINAN BEDA AGAMA YANG TIDAK TERCATAT DI PENCATATAN SIPIL PASCA TERBITNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN Faot, Retna Yelmidiany; Hedewata, Agustinus; Nubatonis, Orpa J
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.v2i1.18246

Interfaith marriages are a serious legal problem because apart from involving different regulations which can conflict with each other, they can also result in civil rights not being fulfilled for interfaith couples whose marriages are not registered by the state. Due to the large number of cases of interfaith marriages, the Supreme Court issued Supreme Court Circular Letter Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs. The arrangements listed in number 2 (two) of SEMA Number 2 of 2023 can prevent couples of different religions from obtaining a marriage certificate approved by the state. Interfaith couples whose marriages are not registered by the state may lose their civil rights if SEMA Number 2 is implemented in 2023.

ANALISIS PERLINDUNGAN HUKUM TERHADAP INVESTOR DAN BROKER FOREX (FOREIGN EXCHANGE) DALAM PRAKTIK TRADING FOREX ONLINE DI INDONESIA Kudus, Sergius Utusan; Nubatonis, Orpa J; Jacob, Yossie M. Y
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.v2i2.18327

This study aims to examine the legal aspects and protections provided to investors and forex brokers in the practice of online forex trading in Indonesia. The primary legal framework governing forex trading in Indonesia is Law No. 10 of 2011, which amends Law No. 32 of 1997 on Commodity Futures Trading. Although this law does not explicitly mention forex, forex trading falls under the category of derivative contracts as it involves transactions based on the fluctuation of currency exchange rates. This research employs normative legal methods to analyze the relevant regulations. The findings indicate that the Indonesian legal framework offers comprehensive protection to investors and brokers engaged in forex trading. Key protections include strict supervision by the Commodity Futures Trading Regulatory Agency (Bappebti), requirements for the segregation of client funds, prohibitions against market manipulation, and stringent licensing requirements. Additionally, the law provides structured procedures for dispute resolution to ensure fairness and efficiency in resolving conflicts. Both administrative and criminal sanctions are imposed to ensure compliance and integrity in the forex trading market. The existence of Bappebti’s regulations, such as the Electronic Customer Acceptance Regulation in Commodity Futures Trading, further enhances the safety and reliability of online forex trading. Overall, Indonesia's regulatory framework establishes a secure and transparent environment for online forex trading, safeguarding the interests of all parties involved. This ensures that both investors and brokers can engage in trading activities with greater confidence, knowing that robust legal protections are in place.

ANALISIS PERLINDUNGAN HUKUM TERHADAP NASABAH PENGGUNA INTERNET BANKING PADA BANK BRI Ratuloli, Samson; Nubatonis, Orpa J; 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.v2i2.18641

This research aims to analyze the legal protection for customers using internet banking services at Bank BRI in Indonesia. This topic is important because, to date, there are no specific regulations that explicitly govern the rights of internet banking users. This research focuses on two main questions: how legal protection is provided to internet banking customers at Bank BRI, and what challenges are encountered in the implementation of such legal protection. The research method used is normative, with a legislative approach to relevant laws and regulations, such as Law No. 10 of 1998 on Banking, Law No. 8 of 1999 on Consumer Protection, as well as regulations from the Financial Services Authority (OJK) and Bank Indonesia, which govern customer data security and digital banking services. The research results show that Bank BRI has implemented preventive legal protection measures, such as security policies, customer education, and security technologies like Secure Socket Layer (SSL). However, significant challenges in providing legal protection to customers include the complexity of regulations related to cybercrime and the lack of law enforcement that adapts to new technological developments, such as artificial intelligence (AI) and blockchain. Cross-border jurisdiction also becomes an obstacle in handling cybercrime cases. Additionally, the lack of customer education on cybersecurity increases the risk of attacks, while cyber threats continue to evolve with increasingly sophisticated methods. This research is expected to contribute to the development of more effective legal protection regulations for internet banking customers.

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