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<![CDATA[PROSES PENYELESAIAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANGGOTA MILITER ]]>
<![CDATA[Lakbanu, Dani B]]>;
<![CDATA[Asa, Simplexius]]>;
<![CDATA[Resopijani, A]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
Publisher : <![CDATA[Petitum Law Journal ]]>
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DOI: 10.35508/pelana.v2i1.17611
<![CDATA[This study analyzes the process of resolving criminal acts of persecution committed by military members within the scope of the Kupang III-15 military court. The research method used is qualitative research with a case study approach. Data was collected through interviews with the Staff of the Military Court III-15 Kupang and the perpetrators of the crime of persecution. The analysis was carried out to identify whether there is a difference between the process of resolving crimes of persecution in civil courts and military courts and to find out whether there is special treatment in the process of resolving crimes within the scope of the Kupang Military Court. The formulation of the problem in this study is 1. What is the process of settling criminal acts of persecution committed by Military Members (Case Study of Military Justice III-15 Kupang)? 2. What are the factors that affect the effectiveness of military justice in dealing with criminal acts of persecution committed by Military Members (Case Study of Military Justice III-15 Kupang)? The results of the study show that the process of resolving criminal acts of persecution committed by military members is carried out in accordance with Law Number 31 of 1997 concerning Military Justice, which involves various stages, ranging from reports or direct findings by officers, examinations to prosecution and criminal acts in the process according to the Criminal Procedure Code. Military members who commit criminal acts of persecution will be examined by the ankum, if the persecution is light, then the ankum is of the opinion that the problem does not need to be resolved through the judicial process. This finding provides insight into efforts to improve the supervision system in each TNI unit and improve the law enforcement system in terms of transparency in the process of resolving criminal acts of persecution committed by military members within the scope of the military court III-15 Kupang.]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM MENENTUKAN HUKUMAN KEPADA PELAKU TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DALAM PUTUSAN NOMOR 80/PID.SUS/2023/PN.KPG DI PENGADILAN NEGERI KELAS 1A KUPANG ]]>
<![CDATA[Jaman, Christoffer Markus]]>;
<![CDATA[Asa, Simplexius]]>;
<![CDATA[Resopijani, A]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
Publisher : <![CDATA[Petitum Law Journal ]]>
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DOI: 10.35508/pelana.v2i1.17621
<![CDATA[The judge's consideration is very important aspect in determining the realisation of the value of a decision that contains elements of justice in the court, legal certainty and contains benefits for the parties concerned so that it must be addressed properly, carefully and carefully. The formulation of the problems in this study are: (1) How are the judges' considerations in determining the punishment for the perpetrator of the crime of sexual intercourse with a child in Decision No.80/Pid.sus/2023/PN.Kpg? (2) What are the factors that influence the sentencing decision in Decision No.80/Pid.sus/2023/PN.Kpg? This research is normative research, namely legal research that examines documents using legislation, court decisions, legal theories, and can be in the form of scholars' opinions. The results of the research conducted by analysing the decision No.80/Pid.Sus/2023/PN.Kpg of the suspect on behalf of Leo Luha Djami Kale: (1) The judge considered that the defendant was proven to have committed a criminal act in accordance with Article 81 paragraph (1) of the Child Protection Law. However, the judge imposed a sentence below the minimum. (2) Based on juridical factors, the judge stated that the defendant's actions had fulfilled the elements of the article in Article 81 paragraph (1) of the Child Protection Law that had been charged against him and based on non-juridical factors that there had been peace between the two families in accordance with Supreme Court Circular Letter No. 1 of 2017 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2017 as Guidelines for the Implementation of Duties for Courts.]]>
<![CDATA[Penerapan Hukum Adat "Ukun Banur" Terhadap Penyelesaian Kasus Kekerasan Dalam Rumah Tangga di Desa Biau Kecamatan Io Kufeu Kabupaten Malaka ]]>
<![CDATA[Tae, Ansgarius Jacintus]]>;
<![CDATA[Asa, Simplexius]]>;
<![CDATA[Resopijani, A]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
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DOI: 10.35508/pelana.v2i1.17673
<![CDATA[Customary law was born together with humans as its creators. Where there is society there is law. As is the case in Biau village which has customary law known as ukun banur. Ukun banur means teachings or prohibitions that have been established and are still maintained today in resolving various cases that occur. The specification of this research is empirical legal research. The data taken is primary data and secondary data collected by interviewing informants, literature review and qualitative descriptive analysis. The objectives of this research are (1) To determine the application of Ukun Banur customary law to the resolution of cases of domestic violence in Biau village, Io Kufeu subdistrict, Malacca district. (2) To find out what are the inhibiting factors in the application of Ukun Banur customary law in resolving cases of domestic violence in Biau village, Io Kufeu subdistrict, Malaka district. Based on the research results, the researcher found that the application of Ukun Banur customary law to resolve cases of domestic violence in Biau village, Io Kufeu subdistrict, Malaka district, uses two mechanisms, namely using a pure customary law mechanism and a mixed mechanism, namely involving the local government. The inhibiting factor in implementing Ukun Banur customary law is that public awareness is still low and they are not afraid and ashamed of the customary sanctions they receive. The customary sanctions given do not have legal force and there are no regulations from the local government so they are not binding for all communities.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KEBOCORAN DATA NASABAH DITINJAU DARI UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN ]]>
<![CDATA[Bhoki, Aurelya]]>;
<![CDATA[Aloysius, Sukardan]]>;
<![CDATA[Dju Bire, Chatryen M]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
Publisher : <![CDATA[Petitum Law Journal ]]>
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DOI: 10.35508/pelana.v2i1.18047
<![CDATA[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.]]>
<![CDATA[ASPEK KEPERDATAAN PERKAWINAN BEDA AGAMA YANG TIDAK TERCATAT DI PENCATATAN SIPIL PASCA TERBITNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN ]]>
<![CDATA[Faot, Retna Yelmidiany]]>;
<![CDATA[Hedewata, Agustinus]]>;
<![CDATA[Nubatonis, Orpa J]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
Publisher : <![CDATA[Petitum Law Journal ]]>
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DOI: 10.35508/pelana.v2i1.18246
<![CDATA[Interfaith marriages are a serious legal problem because apart from involving different regulations which can conflict with each other, they can also result in civil rights not being fulfilled for interfaith couples whose marriages are not registered by the state. Due to the large number of cases of interfaith marriages, the Supreme Court issued Supreme Court Circular Letter Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs. The arrangements listed in number 2 (two) of SEMA Number 2 of 2023 can prevent couples of different religions from obtaining a marriage certificate approved by the state. Interfaith couples whose marriages are not registered by the state may lose their civil rights if SEMA Number 2 is implemented in 2023.]]>
<![CDATA[PELANGGARAN KODE ETIK POLISI REPUBLIK INDONESIA DALAM PENYIDIKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DI KEPOLISIAN RESOR SUMBA TIMUR ]]>
<![CDATA[Radja Manu, Nikolas Bryan]]>;
<![CDATA[Fallo, Debi F. Ng.]]>;
<![CDATA[Kian, Darius Antonius]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
Publisher : <![CDATA[Petitum Law Journal ]]>
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DOI: 10.35508/pelana.v2i1.18406
<![CDATA[This study aims to identify factors that cause violations of the code of ethics by members of the Indonesian National Police and to understand the application of the law to these violations at the East Sumba Police Resort. This study uses an empirical legal approach with a qualitative descriptive method. Data were collected through interviews with respondents who were directly related to the cases studied, as well as through document studies. The results of the study indicate that violations of the code of ethics in the investigation of violent theft crimes are caused by internal factors such as the subjective attitude of investigators who ignore the rights of suspects, as well as external factors such as lack of evidence and pressure from institutions to expedite the resolution of cases. In addition, violations also often occur because the perpetrators are recidivists, which makes police officers feel the need to provide a deterrent effect through violence. The application of the law to violations of this code of ethics has been regulated in the Regulation of the Head of the Indonesian National Police Number 7 of 2022 concerning the Police Professional Code of Ethics. However, even though the rules and sanctions have been established, violent practices by police officers still occur, reflecting the challenges in implementing the code of ethics. This study suggests the need for increased professional ethics training, stricter supervision, strict enforcement of sanctions, and strengthening transparency in the investigation process. These efforts are important to maintain the integrity and professionalism of the Police.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYEBARLUASAN PORNOGRAFI MELALUI MEDIA SOSIAL DI KOTA KUPANG ]]>
<![CDATA[Lawa, Kezia Charlita]]>;
<![CDATA[Wilhelmus, Bhisa Vitus]]>;
<![CDATA[Manuain, Orpa G]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
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DOI: 10.35508/pelana.v2i1.18418
<![CDATA[The development of information and communication technology has had various impacts on human life, both positive and negative. One of the negative impacts that is felt is that cyber crimes that often occur in Kupang City are related to the distribution of pornography where the perpetrator disseminates content containing content that violates decency on social media without the knowledge and permission of the party involved in the content. The rise of cybercrime that occurs proves that there is a need for law enforcement as a form of legal protection for victims who are harmed based on statutory regulations which contain the implication of legal protection for the legal interests of society. This research aims to examine law enforcement and the factors that hinder law enforcement against the criminal act of disseminating pornography via social media in Kupang City. This legal writing uses empirical research which is a type of research carried out by examining problems that occur in the field, by examining how law enforcement is carried out by law enforcers regarding problems that occur and researching the obstacles in law enforcement to a legal event that influences its success. law. The techniques used in this research include: Interviews with respondents for primary data collection. Literature study and document study for secondary data collection. Data analysis in this research was carried out by analyzing secondary legal materials normatively based on a statutory approach and an interdisciplinary approach, then carried out descriptively qualitatively which utilized qualitative data and explained it descriptively, then interpreted in building a legal argument and drawing conclusions regarding the results. study. Based on the results of research conducted by the author, law enforcement against the criminal act of disseminating pornography via social media consists of preventive and repressive legal efforts. And there are several inhibiting factors in efforts to enforce criminal acts, namely the presence of law enforcement factors, facilities/facilities, society and culture.]]>
<![CDATA[PENGATURAN FUNGSI DINAS KEPENDUDUKAN DAN PENCATATAN SIPIL DALAM PELAYANAN ADMINISTRASI KEPENDUDUKAN MENGENAI KEPENGURUSAN KARTU TANDA PENDUDUK DI KABUPATEN BELU ]]>
<![CDATA[Adoe, Jovanka Piterzon]]>;
<![CDATA[Stefanus, Kotan Y]]>;
<![CDATA[Lamataro, Cyrilius W. T]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
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DOI: 10.35508/pelana.v2i1.18449
<![CDATA[Population administration is a series of activities carried out by the government in organizing and regulating population documents and data through population registration, civil registration, management of Population Administration information and utilization of the results for public services and other sectors. The main points in this problem are (1) How is the regulation of the function of the Population and Civil Registration Service in population administration services in Belu Regency? and (2) What are the inhibiting factors in the implementation of the function of the Population and Civil Registration Service in population administration services in Belu Regency? This study uses a normative legal and empirical legal approach. Primary data were collected through interviews, while secondary data were obtained from laws and regulations, legal literature, and related documents. The results of the study found that: (1) The arrangement of the functions of the Disdukcapil of Belu Regency has been carried out in accordance with applicable regulations, but there are several inhibiting factors that affect the effectiveness of its services. (2) These factors include the lack of public awareness of the importance of population documents, limited facilities and infrastructure, and the lack of trained human resources.]]>
<![CDATA[KAJIAN VIKTIMOLOGI TERHADAP KORBAN PENIPUAN PENDAFTARAN CALON PEGAWAI NEGERI SIPIL (CPNS) DI WILAYAH KEPOLISIAN DAERAH NUSA TENGGARA TIMUR ]]>
<![CDATA[Ndolu, Indiani Cristina]]>;
<![CDATA[Fallo, Debi F. Ng]]>;
<![CDATA[Manuain, Orpa Ganefo]]>
<![CDATA[ Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024 ]]>
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DOI: 10.35508/pelana.v2i1.18498
<![CDATA[: This study examines the phenomenon of fraud that occurs in the registration of Civil Servant Candidates (CPNS) in the East Nusa Tenggara Regional Police (Polda NTT) from a victimology perspective.The main points in this problem are (1) What is the role of victims in the occurrence of fraudulent crimes in the recruitment of prospective civil servants in the East Nusa Tenggara Region? (2) What are the legal protection efforts for victims of fraud in the recruitment of civil servant candidates? The purpose of this study is to understand the role of victims in the occurrence of CPNS fraud and the legal protection efforts that can be provided to victims. This study uses an empirical legal approach, with data collection through interviews and literature studies. The analysis was carried out descriptively qualitatively to describe the impact experienced by victims and the factors that make them vulnerable to fraud. The results of the study show that (1) victims have an active role in the occurrence of this crime, including due to excessive trust in the perpetrators, ignorance of official procedures, and social and economic pressures that encourage them to take risks. (2) From the aspect of legal protection, victims have the right to restitution, legal assistance, and protection from the police.]]>
<![CDATA[PERTANGGUNGJAWABAN TERHADAP PERBUATAN MELAWAN HUKUM INGKAR JANJI MENGAWINI (KUHPerdata DAN YURISPRUDENSI MA No. 3191 K/Pdt/1984) ]]>
<![CDATA[Yuliana, Anisa]]>;
<![CDATA[Aloysius, Sukardan]]>;
<![CDATA[Mauritsius, Darius]]>
<![CDATA[ Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025 ]]>
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DOI: 10.35508/pelana.v2i2.18064
<![CDATA[Legal responsibility for breaking a promise to marry is by filing a civil lawsuit for an unlawful act to the district court where the defendant is domiciled, then waiting for the results of the trial in the district court. And from the results of the trial a court decision will emerge which can be in the form of the lawsuit being granted, the lawsuit being rejected or the lawsuit not being accepted. And the limits of liability in the unlawful act of breaking a promise to marry are limited to what is stated in the Decree and the Defendant's movable and immovable assets. In this regard, the aim of this research is to find out the legal responsibility for breaking a promise to marry and the limits of liability. The research method used in this research is Normative Law. Normative research uses library materials as a source of research data, or also called library research, a method used to collect data from various literature. The results of this research are to find out the intended purpose, namely that there is still a lack of accountability for the act of refusing to marry and there is no clear accountability for the perpetrator of the default.]]>
