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Chatryen M Dju Bire
Universitas Nusa Cendana
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Journal : Artemis Law Journal

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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

Abstract

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

Abstract

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 Konsumen PDAM Kabupaten Belu Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen di Kota Atambua Lay Rade, Jericho Gerald; Usman, Siti Ramlah; 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.v3i1.21115

Abstract

This study examines the legal protection of consumers of the Regional Drinking Water Company in Belu Regency, Atambua City, based on Law Number 8 of 1999 on Consumer Protection. Based on these issues, this study focuses on two main aspects: (1) how consumer protection for PDAM consumers in Atambua City is regulated under consumer protection law, and (2) the inhibiting factors that hinder the optimal implementation of legal protection for Regional Drinking Water Company consumers in Atambua City.This study employs an empirical juridical research method with a statutory and conceptual approach. Data were obtained through observation, interviews, and literature studies. The research findings indicate that although consumer protection law provides a legal foundation for consumer protection, its implementation in practice remains suboptimal. Several major obstacles include a lack of information transparency, infrastructure limitations, slow responses to consumer complaints, and weak government oversight. Therefore, improving transparency, enhancing infrastructure, and strengthening supervision and policy implementation are necessary to enhance consumer protection in Atambua City.
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

Abstract

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

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.
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.
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.
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.
Co-Authors Aloysius, Sukardan Bhoki, Aurelya Bill Nope Bone Lau, Hildegard Blinda Lestari Cyrilius W. T. Lamataro Cyrilius Wilton Taran Lamataro Damat, Petornius Darius Mauritsius Dollu, Daud Yaferson Dopo, Novita A L Ermalinda, Jenny Hendrika Yunita Bebhe Herman Elfridus Seran Husni Kusuma Dinata Jacob, Yossie M Y Jacob, Yossie M.Y. Jacob, Yossie Maria Yulianti Jacob, Yossie Maria Yulianty Jenny Ermalinda Jenny Ermalinda Kade, Angelina Febriani Kaesmetan, Rini Marselin Kim, Maria Theresia Lay Rade, Jericho Gerald Liwe, Juan Truly Page Maksimiliane Kolorian Hilem Manu, Ananda Natasya Mauritius, Darius Mauritsius, Darius Melinda Ratu Radja Ndolu, Juliana S Ngunjunau, Umbu Lapu Nubatonis, Orpa J Nubatonis, Orpa Juliana Nunuhitu, Tiara G Nunuhitu, Tiara Gracela Oedjoe, Kezya Bethlin Ratoe Orpa J. Nubatonis Orpa J. Nubatonis Orpa J. Nubatonis Orpa Juliana Nubatonis Orpa Juliana Nubatonis Radja, Melinda Ratu Renda, Ariance Sakeh, Fahry Fausi Sara Christiany Nggauk Silvester, Agustinus Siti Ramlah Usman Sodak, Frederika Atalia Tadoe, Prisca Edelweys Tallo, Daud Dima Therik, Abigail Amelia Thoe, Maria Suryati Dorman Tungga, Axel Rudolf Alexander Uly, Nila Wati L. J Un, Alicia Chalista Usman, Siti Ramlah Wungo, Anna Xaveria Ekaputri Yoanita Rostika Lala Yopi Negong, Antonius Yossie Maria Yulianti Jacob