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Nubatonis, Orpa J
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Penyelesaian Sengketa Kepemilikan Tanah Adat Melalui Proses Pauhi dan Pahamang di Desa Rindi Praiyawang, Kabupaten Sumba Timur Ngunjunau, Umbu Lapu; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v3i1.21541

Abstract

Land dispute resolution in indigenous communities is a complex process and is influenced by various social, cultural, and customary law factors. This study aims to analyze the Pauhi and Pahamang mechanisms as methods for resolving land disputes in indigenous communities and to identify the obstacles faced in their implementation. The research method used is a qualitative approach with in-depth interview techniques with customary leaders and communities involved in the dispute resolution process. The results of the study show that Pauhi functions as a deliberation mechanism that opens up space for dialogue for disputing parties, while Pahamang is a final decision-making stage. However, in its implementation, these two mechanisms face various challenges, such as lack of public awareness, minimal documentation, and the influence of personal interests in decision-making. In addition, external factors such as modernization and state law also influence the effectiveness of the customary system in resolving land conflicts. Therefore, efforts are needed to strengthen this customary mechanism by increasing coordination between customary stakeholders, recording decisions in writing, and integrating with the formal legal system to ensure the sustainability and effectiveness of land dispute resolution in indigenous communities.
Tinjauan Yuridis Perjanjian Sewa Menyewa Tanah Untuk Usaha Rumah Makan Antara Pemerintah Daerah Kabupaten Sikka Dan Pengusaha Rumah Makan Di Kecamatan Alok Timur Kabupaten Sikka Dua Tatu, Yohana Lidya Ayu Putri Yuliana; Nubatonis, Orpa J; 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.v3i1.22064

Abstract

This study focuses on the legal analysis of land lease agreements for restaurant businesses between the Sikka District Government and restaurant entrepreneurs in Alok Timur Subdistrict, driven by the increasing demand for strategic land in line with economic growth. The objective of this research is to understand the lease agreement procedures in place and to identify the obstacles encountered in their implementation. The methodology employed is empirical legal research with a case study approach, involving interviews and observations of the relevant parties. The findings indicate that the lease agreement procedures at Maumere Market comply with the requirements set forth in the Civil Code; however, significant obstacles exist, such as delays in rent payments by tenants and unilateral increases in rental fees by landlords without adequate notice. The conclusion of this study emphasizes the importance of transparency and communication between landlords and tenants to avoid conflicts, and it provides recommendations for market managers to conduct socialization regarding leasing kata procedures and to consider tenants' conditions in setting rental fees, in order to create a more conducive and sustainable business environment.
KAJIAN YURIDIS TENTANG KESEPAKATAN ADAT DALAM PERKAWINAN SUKU SABU DI KOTA KUPANG Sodak, Frederika Atalia; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v3i1.21226

Abstract

This research is titled "Legal Study on Customary Agreements in Marriage of the Sabu Tribe in Kupang City". The objective of this research is to understand the background of customary agreements built in the implementation of Sabu tribal marriage and the legal consequences that arise. The method used is empirical legal research with a qualitative approach, involving interviews with relevant parties. The research results show that customary agreements in Sabu tribal marriage are heavily influenced by cultural values and traditions passed down through generations. Processes such as matchmaking and parental introductions serve as symbols of commitment and mutual understanding. In addition, customary agreements also have significant legal consequences, which include social legitimacy and legal protection for the rights of couples. This research recommends that the Sabu tribal community preserve their marriage traditions and that the government strengthen the recognition of customary law within the national legal framework. In this way, customary agreements are expected to be integrated with existing legal developments, maintaining cultural identity while remaining relevant to the changing times.
A Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Jual Beli Komoditas Hasil Pertanian Tadoe, Prisca Edelweys; 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.v2i1.19435

Abstract

The application of freedom of contract in agricultural commodities purchase agreements is essential to creating a fair relantionship between farmes and buyers. This principle allows each parties the freedom to choose the terms and conditions of the agreement according to needs and interests, and it allow legal subjects to draft new agreemwnts that aren’t currently covered by the Civil Code. The ijon system is a method of purchasing and selling agricultural products that has never been seen. It’s to determine how freedom of contract is applied in relation to the effectiveness of agricultural commodity purchase agreements and what legal action can be taken in the event that the freedom of contract is violated in such agreements. Normative legal research is the research methodology employed. According to the result, inefficiency may have an impact on how the freedom of contract is applied in purchase agreements. This principle allow to determine the terms and conditions of the agreement without violating the law and public order, but the existence of legal ambiguity can cause ambiguity in the contents of the agreement, making it difficult and can cause disputes. There are two approaches to legal protection: repressive legal protection and preventive legal protection.
The Tanggung Jawab Perbankan Dalam Menjaga Kerahasiaan Data Nasabah Ditinjau Dari Undang-Undang No. 10 Tahun 1998 Mengenai Perbankan Pada PT. BANK MANDIRI (Persero), Tbk Di Kota Kupang Liwe, Juan Truly Page; 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.v2i1.19486

Abstract

The banking sector plays a vital role in mobilizing public funds. The professionalism of banks is essential for fostering trust among customers in their operational responsibilities. Violations of customer data confidentiality are deemed criminal and necessitate appropriate legal responses. A significant case involved a bank employee leaking the account balance information of a PT. Bank Mandiri (Persero), Tbk customer to unauthorized third parties, resulting in customer protests and legal action that culminated in the employee's dismissal. This incident highlighted the bank's inadequate measures in protecting customer data. This study aims to assess the implications of a bank's failure to maintain customer confidentiality and the strategies employed by banks to safeguard such data for customer protection. The research adopts a normative approach, examining written law through various perspectives, including statutory and conceptual frameworks. Primary legal sources include questionnaires, interviews, and observations, while secondary sources comprise relevant literature. Data collection techniques involve reviewing pertinent regulations. The legal analysis focuses on theoretical inquiries into legal principles. The findings indicate that enhancing public trust in banks hinges on the strict adherence to confidentiality obligations. Criminal, civil, and administrative sanctions should be enforced when violations persist despite regulatory non-compliance.
Penguasaan Dan Penggunaan Tanah Oleh Warga Negara Asing Berdasarkan Perjanjian Sewa Menyewa Di Pulau Kepa Desa Alor Kecil Kecamatan Alor Barat Laut Kabupaten Alor Tanhi, Semi Yusup; Nubatonis, Orpa J
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.v2i2.21209

Abstract

This study is an empirical research that aims to find out and analyze foreign countries based on lease agreements on Kepa Island, Alor Kecil Village, Alor Barat District, Alor Regency. This research was conducted on Kepa Island. The types of data used are primary data and secondary data. The data collection techniques used are through interviews and literature studies. The population in this study is the head of the land office, village head, foreign citizens, and local communities who make lease agreements with foreign citizens. The sample used in this study is a saturated sample technique with a total of 7 respondents. This study shows that the ownership and use of land by foreign nationals through lease agreements requires special attention in terms of regulations and their implementation to ensure that existing regulations can be optimized to support responsible and sustainable investment in the area so that national interests and community welfare are maintained.
Analisi Yuridis Penerapan Asas Pemisahan Horisontal dan Pelekatan Vertikal Terhadap Peralihan Hak Atas Tanah Ditinjau dari Hukum Perdata Djerahu, Evodius Eron; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v3i2.22538

Abstract

The transfer of land rights in Indonesia is regulated by various legal principles which sometimes conflict, especially between the principle of horizontal separation and the principle of vertical attachment. This research aims to analyze the application of these two principles in the context of Indonesian civil and land law. The method used is a normative legal approach by analyzing statutory regulatory documents, court decisions and expert views. The research results show that the principle of horizontal separation, which divides rights to land and objects attached to it, is regulated in the Civil Code and the Basic Agrarian Law (UUPA). Meanwhile, the principle of vertical attachment, which views land and attached objects as one unit, is reflected in the Civil Code and several related laws and regulations. The application of these principles in the transfer of rights affects how buildings, plants and other objects attached to land are legally regulated. The principle of horizontal separation allows the transfer of land rights without having to transfer rights to the objects attached, while the principle of vertical attachment causes these objects to automatically transfer rights. This research concludes that Indonesian land law tends to adhere to the principle of horizontal separation, as reflected in the UUPA, which provides clear regulations regarding the legal relationship between land and the objects on it.
Keabsahan “Tungku” (Perkawinan Sedarah) di Kota Borong Kabupaten Manggarai Timur Nusa Tenggara Timur didalam Perspektif Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Hukum Adat Manggarai Latu, Maria Layticya Lasmi; Nubatonis, Orpa J; Kaesmetan, Rini Marselina
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.v3i2.22712

Abstract

Basically, marriage has a long term goalas desired by humans themselves in order to foster a harmonious, paeceful and happy life in an atmosphere of love from two types of creatures created by Allah. This paper uses a qualitative research that produces descriptive data in the form of written or spokenn words of people and observable behavior. The results of this study shows that one of the clashes was found in the encounter between Cathoilc marriage law and the marriage model in the Manggarai culture. Church law is in the context of Manggarai culture which has customary law about customary marriage. In the catholic chruch marriage law, one of the obstacles is if the couple has a blood relationship. The concept of Catholic religious marraige is very contrary to understanding of Tungku marriage in Mangarai culture. The model according to the religious law and belief of each party that carries of Tungku marriage is a form of marriage tradition. It can be concluded that consanguineous marriage (Tungku) have violated the provisions of Article 8 of Law Number 1 of 1974 which regalutes the prohibition of consanguineous marriage becaus there is still a blood relationship between siblings. And consanguineous marriage (Tungku) that have been carried out in the traditions of the Manggarai coumminity are considered valid according to the customary law of the Manggarai community.
Analisis Yuridis Pembelisan Dalam Perkawinan Adat Suku Kodi Kabupaten Sumba Barat Daya Kaha, Zeanette Tiana; Nubatonis, Orpa J; 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.v3i2.22782

Abstract

Sumba Island in East Nusa Tenggara consists of four districts, one of which is Southwest Sumba which is inhabited by the Kodi, Wewewa, and Laura tribes. The Sumba community still strongly adheres to customs, especially in traditional marriages known as belis, namely the giving of dowry from the man's family to the woman's family. In the Kodi tribe, belis consists of horses, buffaloes, machetes, spears, and mamoli, with horses and buffaloes being the most valuable, while pigs are only complementary. This tradition is a symbol of respect and unification of two families. However, now, there has been a shift in values, where the amount of belis is more influenced by the level of education of women, reflecting a change from traditional values ​​to respect for education. The problems discussed in this journal are: (1) How are the Procedures for Buying in Traditional Marriages of the Kodi Tribe, Southwest Sumba Regency, NTT? and (2) What are the Obstacles or Constraints in the Implementation of Buying in Traditional Marriages of the Kodi Tribe, Southwest Sumba Regency, NTT? The research used is empirical legal research with data collection through interviews and literature studies. The results of the study show that Belis is a symbol of dignity and a form of respect for the woman's family, as well as the man's ability to fulfill the applicable customary responsibilities.
Co-Authors Bone Lau, Hildegard Blinda Lestari Chatryen M Dju Bire Dally, Azarya Syalom Djerahu, Evodius Eron Dua Tatu, Yohana Lidya Ayu Putri Yuliana Faot, Retna Yelmidiany Hedewata, Agustinus Husni Kusuma Dinata Jacob, Yossie M Y Jacob, Yossie M. Y Kaesmetan, Rini Marselina Kaha, Zeanette Tiana Kudus, Sergius Utusan Latu, Maria Layticya Lasmi Liwe, Juan Truly Page Londong, Cornelis Manlea, Carmela Modesti Sonya Ngunjunau, Umbu Lapu Pello, Helsina F PO Tausbele, Harun Hermon Ratuloli, Samson Sakeh, Fahry Fausi Salukh, Andre Sodak, Frederika Atalia Tadoe, Prisca Edelweys Tanhi, Semi Yusup