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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

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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.
PELINDUNGAN MEREK KOLEKTIF ALEKOT TERHADAP PENINGKATAN PRODUK LOKAL DESA SILLU KABUPATEN KUPANG DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Oedjoe, Kezya Bethlin Ratoe; Jacob, Yossie M.Y.; Bire, Chatryen M. Dju
RIO LAW JURNAL Vol 7, No 1 (2026): Rio Law Jurnal
Publisher : Universitas Muara Bungo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36355/rlj.v7i1.1958

Abstract

ABSTRAKPenelitian ini bertujuan untuk menganalisis bentuk perlindungan hukum terhadap Merek Kolektif Alekot serta dampaknya terhadap peningkatan produk lokal di Desa Sillu, Kabupaten Kupang, ditinjau dari Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis. Merek Kolektif Alekot merupakan merek yang dimiliki dan digunakan secara bersama oleh Kelompok Tani Hutan Paloil Tob dalam memproduksi kacang mete sebagai produk unggulan daerah. Penelitian ini menggunakan metode penelitian hukum empiris dengan pendekatan sosiologis hukum. Data diperoleh melalui wawancara langsung dengan responden terkait, yaitu pihak Kementerian Hukum Nusa Tenggara Timur, pemerintah desa, serta anggota kelompok tani, dan didukung dengan studi kepustakaan. Hasil penelitian menunjukkan bahwa perlindungan hukum terhadap Merek Kolektif Alekot diwujudkan melalui pendaftaran merek pada Direktorat Jenderal Kekayaan Intelektual, yang memberikan kepastian hukum serta hak eksklusif kepada kelompok untuk menggunakan merek tersebut. Perlindungan hukum ini berdampak positif terhadap peningkatan produk lokal, antara lain meningkatkan kualitas produk, memperluas pemasaran, memperkuat identitas produk daerah, serta meningkatkan nilai ekonomi dan kesejahteraan anggota kelompok tani. Dengan demikian, Merek Kolektif Alekot berperan penting sebagai instrumen perlindungan hukum sekaligus sarana pemberdayaan ekonomi masyarakat lokal.Kata Kunci: Perlindungan Hukum, Merek Kolektif, Produk Lokal, Kacang Mete Alekot, Undang-Undang Nomor 20 Tahun 2016.
Kesadaran Hukum Orang Tua tentang Hak-Hak Anak: Faktor Penyebab Anak Bekerja pada Sektor Informal Orpa J. Nubatonis; Yossie M.Y. Jacob; Chatryen M. Dju Bire
Jurnal Konstruksi Hukum Vol. 4 No. 2 (2023): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jkh.4.2.6629.131-137

Abstract

Children have a number of rights such as getting an education, playing and socializing, having their primary needs fulfilled. His childhood must be filled with positive and useful activities for the child's life in the future. For example, playing and hanging out, following formal education and non-formal education. Thus, the child will become a human being with the ideal personality as expected. Children also have certain values ​​in the family, society, nation and state. For example, (1) children are descendants; (2) children help their parents in their old age; (3) children help complete development work programs in villages or sub-districts; (4) children as leaders in the future. In reality, not all children experience or live life as expected. The fact that is seen in society, there are quite a number of children working in the informal sector. The place where these children do their work is often very dangerous and has a very bad impact on the child's future. The child will be an uneducated person. For example, it is very difficult for them to get a decent job, or it is difficult for them to adjust to the norms that apply in society. Furthermore, this will cause many other social problems in society. If they associate with a bad environment, these children can become criminals or the dregs of society.
Legalitas Pemungutan Parkir Tepi Jalan Umum di Kota Kupang: Telaah Konstitusional terhadap Praktik Pemerintahan Daerah Jenny Ermalinda; Chatryen M Dju Bire; Adhe Ismail Ananda; Daud Yaferson Dollu; Cyrilius Wilton Taran Lamataro
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 4 No. 1 (2026): Maret: Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v4i1.2385

Abstract

This study examines the legality of on-street parking levy practices in Kupang City from a constitutional law perspective, with a primary focus on the application of the legality principle. The background of this research stems from a significant discrepancy between the legal norms established in statutory regulations and the empirical administrative practices occurring in the field. Identified issues include the collection of levies without official tickets, the lack of clarity regarding the identity and legal status of collection officers, and the inconsistent and non-transparent application of parking tariffs. This research employs a normative-empirical legal method by applying statutory, conceptual, and empirical approaches through limited field observations. The findings indicate that although the Kupang City Government formally possesses the attribution of authority to collect parking levies, the implementation frequently deviates from the established legal procedures. Such deviant practices potentially constitute ultra vires actions and violate the principle of due process of law in government administration. This study concludes that the substantive legality of parking levies in Kupang City has not been fully realized, thereby undermining legal certainty and public trust in the legitimacy of local governance. The implications of this research emphasize the imperative for comprehensive reform of the supervision system and stricter enforcement of administrative procedures to ensure the rule of law at the local level.
Co-Authors Adhe Ismail Ananda Aloysius, Sukardan Bhoki, Aurelya Bill Nope Bone Lau, Hildegard Blinda Lestari Cyrilius W. T. Lamataro Cyrilius Wilton Taran Lamataro Cyrilius Wilton Taran Lamataro Damat, Petornius Darius Mauritsius Daud Yaferson Dollu Dollu, Daud Yaferson Dopo, Novita A L Ermalinda, Jenny Evodius Eron Djerahu Fasri Ferroh Faustin Ye Wale Firdausi, Kamalia 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 Jenny Ermalinda Juliana Susantje Ndolu Kade, Angelina Febriani Kaesmetan, Rini Marselin Kim, Maria Theresia Lay Rade, Jericho Gerald Liwe, Juan Truly Page Maksimiliane Kolorian Hilem Manu, Ananda Natasya Maria Valentina 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 J. Nubatonis Orpa J. Nubatonis Orpa Juliana Nubatonis Orpa Juliana Nubatonis Raditya Maharani Radja, Melinda Ratu Renaldi Takoy 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