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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.
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.
Sebab-Musabab Istri Tidak Mengajukan Gugatan Atas Harta Bersama (Gono-Gini) Setelah Putusan Perceraian M. Dju Bire, Chatryen
Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan dan Informatika Vol 2 No 2 : Desember (2023): Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan
Publisher : Shofanah Media Berkah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Divorced husbands and wives have equal rights to property gono-gini namely assets obtained since they lived together in a legal marriage. Ideally, treasure gono-gini divided between husband and wife who have divorced. In reality, after a divorce, property gono-gini tends to only be controlled by the husband, and on the other hand the wife does not contest her rights to the property gono-gini the. Of course, this is very detrimental to the ex-wife and the children born from the marriage. The research results show that the reason or reasons why wives do not sue their husbands in dividing assets gono-gini as follows: (1) The wife has a job or her own income, (2) The prestige of the wife and her family, (3) The wife is resigned because she does not know how to sue, and (4) The husband's income is small and the husband does not have a job. The government needs to improve the quality and quantity of legal education, including property law gono-gini, both the benefits and the impact if not become the main concern in every marriage. Interference by other parties, including the family, which is too far involved in the household affairs of husband and wife in order to avoid decisions that will actually destroy the existing household. In order for marriage legal counseling to be more effective and efficient, it is necessary to involve religious figures (pastors, ministers, imams and others) in the counseling, including regarding property matters gono-gini. The involvement of religious leaders is believed to be "more effective" in increasing public awareness to better comply with existing social norms. Apart from that, in order to better guarantee the rights and obligations of the parties, especially the rights of the wife, the parties (husband and wife) need to make a marriage agreement which contains, among other things, property issues gono-gini. The marriage agreement in question must be in written form, and not just an oral agreement.
Perlindungan Hukum Terhadap Kekerasan Perempuan dan Anak Di Kota Kupang M. Dju Bire, Chatryen; Yopi Negong, Antonius
Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan dan Informatika Vol 2 No 2 : Desember (2023): Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan
Publisher : Shofanah Media Berkah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Women and children are individuals who are most vulnerable to violent behavior in social life. Violence against women and children is not only physical violence but can also take the form of sexual, economic and psychological violence. Therefore, it is important for families to implement good and correct parenting patterns and always supervise children when playing, because perpetrators of crimes do not look at age and gender. Based on Law No. 35 of 2014 concerning Child Protection, the author has the impression that this policy is not working well. This can be seen from the discussion of problems that often occur, namely: Acts of violence against women and children are still very high in social life, especially in Kupang City.
Tinjauan Yuridis Terhadap Penolakan Pengosongan Tanah Oleh Pihak Yang Diberi Hak Pakai : Studi Kasus di Desa Numponi, Kecamatan Malaka Timur, Kabupaten Malaka Yoanita Rostika Lala; Darius Mauritsius; Chatryen M. Dju Bire
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.4479

Abstract

This research aims to analyze the factors behind the rejection of land vacancy by recipients of land use rights in Numponi Village, East Malaka District, Malacca Regency. Employing an empirical legal research method, the study integrates primary data obtained through interviews and secondary data gathered from literature studies. The data were analyzed using a qualitative descriptive approach. The findings reveal that the refusal to vacate land stems from a combination of internal and external factors. Internal factors include claims made by the right holders over the land, fulfillment of tax obligations, and the perception of ownership by the recipients of use rights. Meanwhile, external factors involve economic interests, cultural values, the influence of a matrilineal customary system that is not yet fully understood by the disputing parties, and a general lack of public awareness regarding agrarian law and the necessity of formal land documentation such as certificates. The study highlights the critical need for better dissemination of agrarian legal knowledge and formal land administration practices within local communities to prevent future disputes and ensure legal certainty over land use rights.
Analisis Pelanggaran Asas Pacta Sunt Servanda dalam Kasus Gagal Bayar PT. Asuransi Jiwasraya Maksimiliane Kolorian Hilem; Orpa Juliana Nubatonis; Chatryen M. Dju Bire
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5023

Abstract

This research is a research that aims to find out and analyze the violation of the principle of pacta sunt servanda in the case of PT Asuransi Jiwasraya's default on legal protection for policyholders. This research is a normative research supported by a legislative approach, a conceptual approach and a case approach using primary legal materials and secondary legal materials collected using literature study techniques after which they are analyzed in a qualitative descriptive manner. The results of the study show that the factors that cause the violation of the principles of Pacta Sunt Servanda in the Case of PT Asuransi Jiwasraya Default are poor corporate governance, investment in high-risk instruments, financial irregularities and weak financial management, stock price engineering, and weak application of the prudential principle in investing.
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.