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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.
Penerapan Hukum Adat Terkait Sengketa Tanah Wida Antara Masyarakat Kampung Lawir Dan Masyarakat Kampung Kakor Kecamatan Langke Rembong Kabupaten Manggarai Nusa Tenggara Timur Thoe, Maria Suryati Dorman; Mauritsius, Darius; 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.v2i2.21360

Abstract

This empirical legal research investigates a land dispute in Indonesia between the Lawir village community (descendants of Rona) and the Kakor village community (descendants of Wina), originating from a land grant to Wina upon her marriage. The study identifies the factors causing this potential conflict and examines the provisions of customary law in its resolution. Data was collected through interviews and literature review, and analyzed descriptively-qualitatively. The findings reveal that the dispute is triggered by the Kakor community's desire to sell the land, the absence of formal ownership documents, and the Lawir community's intent to reclaim the land for public facilities. The customary law resolution involves the Traditional Elder mediating through a process called "Leko wase." This process includes an offering ("kapu manuk lele tuak") followed by a ritualistic invocation ("kepok") and culminates in both parties jointly demarcating the land boundaries with symbolic markers. This study highlights the role of customary law in resolving land disputes in the absence of formal legal frameworks.
Perlindungan Hukum Pekerja Outsourcing Chatryen M. Dju Bire
BULLET : Jurnal Multidisiplin Ilmu Vol. 2 No. 1 (2023): BULLET : Jurnal Multidisiplin Ilmu
Publisher : CV. Multi Kreasi Media

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

Abstract

The position of workers is very weak when compared to the position of the owner of the work in practice. A number of workers' rights have been regulated in Law Number 13 of 2003 concerning Manpower. However, these rights are not fulfilled by employers and labor supply companies (companies outsourcing). Business ventures like this are actually businesses that are mutually beneficial to the parties, both the company providing the job contracting and the company receiving the job contracting and the workers in it. Because it's all about outsourcing good company outsourcing and workers outsourcing already regulated in Law Number 13 of 2003 concerning Manpower. However, it is very unfortunate because of the lack of legal knowledge of workers and the lack of supervision from the government, so often the rights of workers are taken away by rogue companies. Legal protection from the government is needed in the form of strict supervision and action against companies that take away workers' rights. Things like this are intended to provide a sense of security and comfort for workers in carrying out their duties and responsibilities, both at work and in the workers' families.
PENYULUHAN HUKUM PENINGKATAN KAPASITAS APARAT DESA DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Bire, Chatryen M Dju; Nubatonis, Orpa Juliana; Tallo, Daud Dima; Jacob, Yossie M Y; Ermalinda, Jenny; Dollu, Daud Yaferson
Jurnal Abdi Insani Vol 11 No 1 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i1.1447

Abstract

Villages are a part of the Indonesian government that has a strategic role and function to assist the country's development. Despite this, many villages still face many problems related to public services, village financial management, low community participation in development, and a lack of legal understanding of good village management and governance according to applicable regulations, one of which is O'A Mate Village. To enable villages to develop and provide much better services to the community, efforts are needed to improve the capacity of village officials. This capacity building training for village officials was conducted in O'A Mate Village, Northwest Alor Sub-District, Alor Regency, and aimed to improve the knowledge and skills of village officials in the management of village governance and development, especially related to Law No. 6/2014 on Villages and the value of having good behavior. This community service activity was carried out in O'A Mate Village, Northwest Alor District, Alor Regency. The method used in this socialization is by means of face-to-face / lecture, discussion or in-depth dialogue about the material that has been presented with the participants. During the socialization, participants were quite active in asking questions about the material presented by the resource person. This was shown by active discussions and questions and answers between participants and resource persons. According to some participants, this activity showed that they had gained knowledge and understanding of the importance of increasing the capacity of village officials in carrying out their duties and responsibilities as village officials in accordance with Law No. 6/2014 on Villages. The participants acknowledged that the material presented by the service to society team was new and had never been heard or known by the community about the value of BeRAKHLAK in performing services as village officials. Finally, the service to society team can conduct socialization to improve the insights, knowledge and skills of village officials on how to manage village governance and development in a better way.
SOSIALISASI TENTANG PEMBAGIAN WARISAN MENURUT HUKUM ADAT DAN HUKUM PERDATA DI DESA KUAKLALO KECAMATAN TAEBENU Nubatonis, Orpa Juliana; Bire, Chatryen M. Dju; Jacob, Yossie M. Y.; Dinata, Husni Kusuma; Renda, Ariance
Jurnal Abdi Insani Vol 11 No 3 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i3.1722

Abstract

Inherited property is defined as that which is left by the testator to be distributed to his heirs. In Indonesia, the law of inheritance distribution is governed by three legal systems: customary inheritance law, Islamic inheritance law, and inheritance law based on the Civil Code. The community service team identified a lack of understanding about the division of inheritance according to customary law and civil law in Kuaklalo Village. The proposed solution is to provide an explanation of the division of inheritance according to customary law and civil law. The objective of this activity is to offer an explanation to the local community regarding the division of inheritance according to customary law and civil law. The method employed is through the socialization of material delivery and direct question-and-answer discussions with the local community. The stages of activities that will be carried out are as follows: (a) The preparation stage includes: (1) survey, (2) deliberation, (3) preparation of socialization materials. (b) The implementation stage. The local community members who participated in this activity displayed a high level of enthusiasm, as evidenced by the questions and discussions they engaged in with the speakers on topics related to the challenges they face in their daily lives. In addressing the queries raised by the community regarding the distribution of inheritance, the resource person not only provided responses but also facilitated further dialogue with the lecturers who attended the activity. The findings of the dissemination activities conducted by the Community Service Team demonstrate that the knowledge and comprehension of the distribution of inheritance according to both customary law and civil law were enhanced. The Community Service Program offered an opportunity for participants to gain insights and understanding of the distribution of inheritance according to civil law and customary law.
Obstacles to the enforcement of sovereignty in the land border area of the Unitary State of Republic Indonesia (NKRI) with the Republic Democratic Timor Leste (RDTL) Bire, Chatryen M. Dju; Radja, Melinda Ratu; Silvester, Agustinus; Tungga, Axel Rudolf Alexander
Journal of Multidisciplinary Academic Business Studies Vol. 1 No. 3 (2024): May
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomabs.v1i3.2148

Abstract

Purpose: This study examines the enforcement of Indonesia’s territorial sovereignty in North Insana District, North Central Timor Regency, and Oecusse District, Democratic Republic of Timor Leste (RDTL). After Timor Leste’s secession in 1999 through a UN-supervised referendum, the new state faced the challenge of delineating borders with neighboring countries, especially Indonesia, to consolidate sovereignty and avoid disputes. Method: A dual-method approach was employed: library research—covering books, treaties, seminar proceedings, correspondence, and online resources—and empirical fieldwork in the border region. Results: The findings reveal two key issues in the RI–RDTL border area, particularly in North Insana. First, unresolved boundaries foster illegal cross-border activities by communities who feel excluded from development and rely on neighboring states for daily needs. Second, development gaps in the border region, illustrated by micro-level traffic in Haumusu Wini Village, underscore the need for a more inclusive strategy. Sovereignty challenges stem from limited resources, poor infrastructure, restricted accessibility, and insufficient funding. Conclusions: The study concludes that Indonesia’s sovereignty along the RDTL border remains constrained by resource scarcity and unresolved territorial demarcation, necessitating stronger bilateral cooperation. Limitations: The main limitations are time constraints and the distance of the research site, which restrict broader observation. Contributions: The research emphasizes the importance of effective border management to safeguard territorial sovereignty and strengthen comprehensive state protection.