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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.

PERLINDUNGAN HUKUM TERHADAP KEBOCORAN DATA NASABAH DITINJAU DARI UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN Bhoki, Aurelya; Aloysius, Sukardan; Dju Bire, Chatryen M
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.v2i1.18047

A bank is defined as an institution that protects customer funds, not only protecting but also having the obligation to maintain the confidentiality of its customer funds and data from parties who can harm and misuse customers personal data. Leaks are a problem that often occurs in society, even though it haas been regulated in however, it occur make people worry and think about why the factors that cause customer data leaks and to analyze legal protection efforts where data is leaked. The research methode used is normative research, using a statutory, case and context approach. The results of the research are to reveal the factors that cause data leaks and forms of legal protection efforts for customers whose data is leaked.

Penyelesaian Keterlambatan Pembayaran Kredit Di Bank Rakyat Indonesia Kantor Cabang Pembantu (KCP) Borong Kabupaten Manggarai Timur Kade, Angelina Febriani; Jacob, Yossie M Y; 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.v3i1.21362

This study analyzes the obstacles and efforts to overcome late credit payments at BRI KCP Borong, East Manggarai Regency, using empirical legal research methods and a descriptive qualitative approach. The results of the study identified two groups of factors causing delays: (1) internal factors, including an ineffective monitoring system, complicated restructuring procedures, lack of customer education, and technical disruptions; (2) external factors in the form of business competition, emergencies, economic fluctuations, customer characteristics, and inappropriate use of credit. BRI KCP Borong implements a comprehensive strategy through preventive efforts (strict feasibility analysis, education, and digital services) and repressive efforts (gradual collection, restructuring, mediation, and litigation). The research findings indicate that a gradual approach in accordance with the Banking Law and the Civil Code can balance the protection of the rights of both parties, although the recording of OJK's SLIK remains a serious consequence for customers. This study recommends strengthening the synergy between improving the bank's internal system, increasing customer capacity, and improving regulations in order to create a more responsive and fair banking system.

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

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.

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

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.

ANALISIS YURIDIS TERHADAP JUAL BELI AKUN DRIVER PADA LAYANAN TRANSPORTASI ONLINE DI KOTA KUPANG Uly, Nila Wati L. J; Jacob, Yossie Maria Yulianty; 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.v3i1.22249

Technological advancements have driven the growth of the online transportation industry, which relies on virtual applications to facilitate services. However, misuse has emerged, such as the buying and selling of online driver accounts, particularly on the Maxim platform in Kupang City. This research is empirical, focusing on studying and analyzing data obtained from the research site. The aspects examined include the causes of the buying and selling of driver accounts in online transportation services in Kupang City and the legal consequences of such practices. The research findings indicate that: (1) The causes of the buying and selling of driver accounts in online transportation services in Kupang City include (a) Internal Causes: economic motivation, lack of legal awareness, and performance pressure. (b) External Causes: high market demand and intense competition among drivers. (2) The legal consequences of the buying and selling of driver accounts in online transportation services in Kupang City include permanent account blocking and blacklisting from Maxim's partner list. The researcher proposes the following recommendations: Maxim should review its bonus and incentive schemes for drivers, simplify the registration process for prospective driver partners with a faster, simpler, and more transparent procedure. Drivers should comply with application regulations and educate fellow drivers. Consumers should verify driver identities, remain cautious of fake accounts, and report suspicious accounts to the online transportation platform.

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

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

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.

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

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.

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