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Journal : Petitum Law Journal

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

Abstract

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.
TINJAUAN YURIDIS TERHADAP TANDA BUKTI HAK SEBAGAI PETUNJUK KEPEMILIKAN HAK ATAS TANAH (STUDI PUTUSAN PENGADILAN NOMOR 41/PDT.BTH/2019/PN KUPANG) Wungo, Anna Xaveria Ekaputri; Mauritius, Darius; Bire, Chatryen M Dju
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.v2i2.18886

Abstract

Land disputes in Indonesia often give rise to complex legal problems, especially those related to certainty of ownership of land rights. This research aims to analyze the strength of evidence in the land dispute between CF as the plaintiff and LT as the defendant, based on Court Decision Number 41/PDT.BTH/2019/PN Kupang. This case involves land located in Oepura Village, Kupang City, which is claimed as inheritance by both parties. The research method used is normative juridical research with a case approach. Data was obtained through literature study and analysis of documents submitted in the trial. The evidence examined includes Certificates of Ownership Rights, Land Reform Letters, as well as various previous court decisions. The research results showed that the evidence submitted by the plaintiff, even though it included formal documents such as Certificates of Ownership and Supreme Court Decisions, was considered not clear enough in describing the boundaries of the disputed land. On the other hand, the evidence presented by the defendant, including previous court decisions and executorial letters, is considered stronger because it shows continuity of ownership and legal validity. The conclusion of this research is that in land disputes, the court not only considers formal documents such as land certificates, but also the clarity of the land object in dispute. The strength and consistency of evidence is the main factor in determining the direction of the court's decision. In this case, the court sided with the defendant because the evidence presented was stronger and supported the land ownership claim.
PERSPEKTIF DEWASA MENURUT HUKUM ADAT SUKU DAWAN Un, Alicia Chalista; Jacob, Yossie M Y; Bire, Chatryen M Dju; Ndolu, Juliana S
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.v2i2.20629

Abstract

The determination of a person's maturity as a legal subject fundamentally affects their ability to act according to the law. The criteria for adulthood serve as one of the determinants of legal capacity, which is explicitly stated in Article 1330 of the Civil Code. Therefore, positive law provides a specific age benchmark to assess a person's maturity, unlike Dawan customary law, which does not set a specific age but has its own evaluation adjusted to their social order and way of life as Dawan indigenous people. The issues addressed in this journal are: (1) What are the criteria for adulthood for an individual according to Dawan customary law? And (2) What is the process of maturation according to Dawan customary law? This research is empirical, involving observations of the various patterns of life within Dawan society. Data processing is conducted through various identification and analysis methods, leading to conclusions. The results of this study indicate that the criteria for adulthood according to Dawan customary law can be seen through three provisions: assessed based on an individual's biological growth, evaluated based on their ability to perform certain activities, and judged by changes in behavior. The determination of maturity for both males and females are differentiated according to their social order.
KAJIAN YURIDIS TENTANG ZAAKWAARNEMING DAN PENERAPAN HUKUMNYA DALAM PUTUSAN NOMOR 1574K/Pdt/2011 MENURUT KUHPERDATA Dopo, Novita A L; Damat, Petornius; Bire, Chatryen M Dju
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.v2i2.20799

Abstract

Zaakwarneming is a voluntary agreement without any order to that effect. In decision Number 1574 K/Pdt/2011 there is an oral agreement between the Bekasi city government and Pt. Hilma Genractor which causes zaakwarneming. The problem formulation of this research is: (1) Is the spirit of zaakwaarneming legal according to the Civil Code? (2) Is verbal agreement proposed the defendant/applicant for cassation in the case of decision Number 1574 K/Pdt/2011 is categorized as a zaakwaarneming legal act? (3) How is the zaakwarneming law applied in decision Number 1574 K/Pdt/2011? This research uses a normative research method, namely research that examines the literature on primary, secondary and tertiary legal materials related to zaakwarneming. The results of the researchs how (1) Legal Spirit forgets the value of being a support in making laws. Therefore, the legal spirit of zaakwarneming according to the Civil Code is the legal principle of kaptuhan and the legal principle of freedom of contract (2) The verbal agreement in decisioncase Number 1574 K/Pdt/2011 cannot be categorized as a legal act of zaakwarneming, because the land clearing work was carried out by the plaintiff is not in the work contract so it does not fulfill the requirements of an agreement in Article 1320 of the Civil Code (3) considerations for the public interest and verbal agreement made by the defendant, thus the plaintiff carried out work outside the contract in good faith.
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.
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

Abstract

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.