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Petitum Law Journal
Published by Universitas Nusa Cendana
ISSN : -     EISSN : 30309409     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Petitum Law Journal (PELANA) is an open access and peer-reviewed journal that aims to offer an international academic platform for legal research. These may include but are not limited to various fields such as: Civil Law; Criminal Law; Constitutional and Administrative Law; Procedural Law; International Law; and Another section related to contemporary issues in legal scholarship.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 149 Documents
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ANALISIS PERLINDUNGAN HUKUM TERHADAP INVESTOR DAN BROKER FOREX (FOREIGN EXCHANGE) DALAM PRAKTIK TRADING FOREX ONLINE DI INDONESIA Kudus, Sergius Utusan; Nubatonis, Orpa J; Jacob, Yossie M. Y
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.v2i2.18327

Abstract

This study aims to examine the legal aspects and protections provided to investors and forex brokers in the practice of online forex trading in Indonesia. The primary legal framework governing forex trading in Indonesia is Law No. 10 of 2011, which amends Law No. 32 of 1997 on Commodity Futures Trading. Although this law does not explicitly mention forex, forex trading falls under the category of derivative contracts as it involves transactions based on the fluctuation of currency exchange rates. This research employs normative legal methods to analyze the relevant regulations. The findings indicate that the Indonesian legal framework offers comprehensive protection to investors and brokers engaged in forex trading. Key protections include strict supervision by the Commodity Futures Trading Regulatory Agency (Bappebti), requirements for the segregation of client funds, prohibitions against market manipulation, and stringent licensing requirements. Additionally, the law provides structured procedures for dispute resolution to ensure fairness and efficiency in resolving conflicts. Both administrative and criminal sanctions are imposed to ensure compliance and integrity in the forex trading market. The existence of Bappebti’s regulations, such as the Electronic Customer Acceptance Regulation in Commodity Futures Trading, further enhances the safety and reliability of online forex trading. Overall, Indonesia's regulatory framework establishes a secure and transparent environment for online forex trading, safeguarding the interests of all parties involved. This ensures that both investors and brokers can engage in trading activities with greater confidence, knowing that robust legal protections are in place.
ANALISIS PERLINDUNGAN HUKUM TERHADAP NASABAH PENGGUNA INTERNET BANKING PADA BANK BRI Ratuloli, Samson; Nubatonis, Orpa J; Dinata, Husni Kusuma
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.v2i2.18641

Abstract

This research aims to analyze the legal protection for customers using internet banking services at Bank BRI in Indonesia. This topic is important because, to date, there are no specific regulations that explicitly govern the rights of internet banking users. This research focuses on two main questions: how legal protection is provided to internet banking customers at Bank BRI, and what challenges are encountered in the implementation of such legal protection. The research method used is normative, with a legislative approach to relevant laws and regulations, such as Law No. 10 of 1998 on Banking, Law No. 8 of 1999 on Consumer Protection, as well as regulations from the Financial Services Authority (OJK) and Bank Indonesia, which govern customer data security and digital banking services. The research results show that Bank BRI has implemented preventive legal protection measures, such as security policies, customer education, and security technologies like Secure Socket Layer (SSL). However, significant challenges in providing legal protection to customers include the complexity of regulations related to cybercrime and the lack of law enforcement that adapts to new technological developments, such as artificial intelligence (AI) and blockchain. Cross-border jurisdiction also becomes an obstacle in handling cybercrime cases. Additionally, the lack of customer education on cybersecurity increases the risk of attacks, while cyber threats continue to evolve with increasingly sophisticated methods. This research is expected to contribute to the development of more effective legal protection regulations for internet banking customers.
KEDUDUKAN DAN FUNGSI DEWAN PERTIMBANGAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA MENURUT UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Malo, Gladys Chyntia; Yohanes, Saryono; Lamataro, Cyrilius W. T
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.v2i2.18669

Abstract

This research highlights the influence and benefits of the Presidential Advisory Council (Wantimpres) in the effectiveness of presidential decision-making. In the context of political communication, effectiveness is not only determined by the speed of decisions but also by the accuracy in explaining to the public. This research focuses on three main points: (1) The position of Wantimpres in the constitutional system of the Republic of Indonesia according to the 1945 Constitution, (2) The urgency of Wantimpres in the constitutional system, and (3) The function of Wantimpres in the constitutional system according to the 1945 Constitution. The research method used is normative juridical with a literature approach. The research results show: (1) Wantimpres has limited authority with advisory powers that are recommendatory and not mandatory for the President to implement, (2) The lack of executive authority of Wantimpres reduces its effectiveness in influencing public policy, and (3) The strategic function of Wantimpres often overlaps with other institutions and lacks transparency and accountability, while its advice can be ignored without clear legal or political consequences.
PROSEDUR PENYITAAN BARANG BUKTI TINDAK PIDANA PENGGELAPAN OLEH PENYIDIK KEPOLISIAN SEKTOR KELAPA LIMA SERTA KENDALA-KENDALA DALAM PROSES PENYITAAN SEBAGAI TOLAK UKUR TINGKAT KEPERCAYAAN MASYARAKAT KEPADA INSTITUSI POLRI Nalle, Nyongky D; Tallo, Daud D; Fallo, Debi F. Ng.
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.v2i2.18670

Abstract

The crime of embezzlement of motor vehicles that occurs in Kupang City is influenced by several factors in general, one of which is economic factors. For example, in a case with the number: LP/217/X/2022/Sektor Kelapa Lima. Based on the results of the investigation, the evidence was successfully identified, but there was no follow-up in the form of forcibly taking evidence from the possession of the dealer to be secured by the Kelapa Lima sector police on the grounds that they had not obtained a permit to confiscate evidence from the Court. However, after obtaining a permit from the Court, the Kelapa Lima sector police did not confiscate evidence on the grounds of lack of personnel. Article 38 of the Criminal Procedure Code has expressly stated that confiscation can only be carried out by investigators with a permit from the chairman of the local court. It should have been carried out with a permit from the chairman of the confiscation court. The application of a rule of law is one of the systems that must be carried out to realize a legal goal itself, namely achieving justice, utility, and legal certainty. Legal certainty can be applied in the confiscation of evidence in a criminal act.
TANGGUNG JAWAB DINAS PERTANIAN KOTA TERHADAP BEREDARNYA DAGING BABI YANG DIJUAL DI JALANAN DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Mata, Apdon; Pello, Helsina F; Kaesmetan, Rini M
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.v2i2.18760

Abstract

This research analyzes the responsibilities of the Kupang City Agriculture Service regarding the distribution of pork sold on the streets, by referring to Law Number 8 of 1999 concerning Consumer Protection. The focus of the research is to identify the steps taken by the Department of Agriculture to ensure the safety and quality of pork in circulation, as well as its impact on public health. The method used in this research is an empirical legal research method, involving interviews with related parties and field observations. The results of the research are to determine the form of legal protection for pork consumers in Kupang City and the efforts of the Kupang City Agriculture Service to protect consumers. Even though the Department of Agriculture has made monitoring efforts, there are still weaknesses in implementing regulations and educating traders. This research recommends the need to increase cooperation between agencies and outreach programs to increase awareness of traders and consumers regarding the importance of food safety.
ANALISIS YURIDIS TERHADAP PERJANJIAN KREDIT TANPA AGUNAN SEBAGAI SALAH SATU ALTERNATIF PENDANAAN UMKM (USAHA MIKRO, KECIL DAN MENENGAH) DI INDONESIA Ratu Dara, Romana; Nubatonis, Orpa Juliana; Jacob, Yossie M. Y.
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.v2i2.18783

Abstract

This study aims to conduct a legal analysis of unsecured loan agreements (KTA) as an alternative financing option for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia. KTA has become one of the most widely used financing instruments by MSMEs because it does not require physical collateral from borrowers. However, despite providing easier access to financing, there are several challenges in its implementation, particularly related to the risk of non-performing loans and the legal protection for both parties. This research employs a normative legal approach by examining banking regulations governing KTA agreements and the responsibilities of banks in their execution. The analysis focuses on provisions in banking laws that regulate transparency, fair interest rates, and dispute resolution mechanisms. In addition, the study highlights the role of banks in conducting thorough credit risk assessments and the importance of educating MSME borrowers on sound financial management. The findings of this study indicate that KTA can be an effective solution for supporting the growth of MSMEs in Indonesia, provided that the agreements are implemented in accordance with applicable regulations. The conclusions emphasize the importance of enhancing compliance with banking regulations and transparency in providing information to borrowers. Improved consumer protection and credit risk management are also critical steps to ensure the sustainability of KTA as a financing instrument for MSMEs.
EFEKTIVITAS PENERAPAN ASAS LANGSUNG, UMUM, BEBAS, RAHASIA, JUJUR, DAN ADIL DALAM PENYELENGGARAAN PEMILIHAN UMUM ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) KOTA KUPANG TAHUN 2024 Fallo, Markus; Ratu Udju, Hernimus; Lamataro, Cyrilius Wilton Taran
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.v2i2.18859

Abstract

This study examines the implementation of the principles of direct, general, free, secret, honest, and fair elections (LUBER JURDIL) in the 2024 elections for the Regional People's Representative Council (DPRD) of Kupang City. This research uses an empirical legal method with interviews as the primary data source conducted at the Election Commission (KPU), Election Supervisory Body (BAWASLU), and Kupang City Police Department. The findings indicate that the implementation of LUBER JURDIL in Kupang City has generally been effective, although several challenges such as lack of voter education, logistical delays, vote-buying, and voter data manipulation were encountered. Additionally, low voter participation hinders efforts to achieve fair and democratic elections. This study proposes increasing voter education and outreach, strengthening the integrity of election organizers, and fostering collaboration among relevant institutions to ensure a more transparent, accountable, and credible election process.
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.
PERLINDUNGAN PRA PENEMPATAN CALON PEKERJA MIGRAN INDONESIA OLEH DINAS TENAGA KERJA DAN TRANSMIGRASI KOTA KUPANG MENURUT UNDANG-UNDANG NOMOR 18 TAHUN 2017 TENTANG PERLINDUNGAN PEKERJA MIGRAN INDONESIA Dethan, Oskar Nomphi Michael; Pello, Helsina Fransiska; Nubatonis, Orpa Juliana
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.v2i2.18936

Abstract

This research focuses on the legal protection of Indonesian Migrant Workers (PMI) in the pre-deployment phase, as implemented by the Department of Manpower and Transmigration of Kupang City in accordance with Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers. The study aims to comprehensively understand the legal protection applied during the pre-deployment phase and identify the obstacles faced in its implementation. Using an empirical legal approach and direct interviews with Department staff and prospective PMI registered in the SIAPKERJA application, the research explores the administrative and technical processes conducted by the Department. The findings reveal that the Department strives to provide comprehensive protection through document validation, training, and interagency coordination. However, challenges such as limited training facilities, insufficient socialization at the village level, and the negative role of brokers still persist. Cooperation between local government and related institutions, such as BP3MI, is crucial to achieving optimal protection for prospective migrant workers. These findings offer recommendations for improving the protection mechanisms for migrant workers in the future.
PENEGAKAN HUKUM LINGKUNGAN DALAM PENGELOLAAN SAMPAH DI PASAR WOLOWONA KELURAHAN REWARANGGA SELATAN KECAMATAN ENDE TIMUR KABUPATEN ENDE Bambut, Maria M S; Nuban, Detji K E R; Tuan, Yohanes
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.v2i2.20135

Abstract

The issue of waste management in Indonesia, particularly in Ende Regency, remains a significant challenge that threatens environmental quality and public health. Population growth and economic activities that are not balanced with adequate waste management lead to various negative impacts, such as environmental pollution, soil degradation, and health problems. This study aims to analyze law enforcement in waste management at Wolowona Market, Ende Regency, by focusing on the implementation of Ende Regency Regional Regulation No. 8 of 2014 on Waste Management. The method used is empirical research, with primary data obtained through interviews and observations. The results show that law enforcement in waste management at Wolowona Market is still suboptimal, marked by insufficient supporting facilities, low public awareness, and weak legal actions against violations. Efforts such as socialization, community service, and inter-agency collaboration have been carried out, but limitations in human resources, budget, and coordination remain major obstacles. This study recommends enhancing law enforcement, including strict administrative sanctions, provision of adequate facilities, and intensive public awareness campaigns. Collaboration between the government, community, and business actors is also key to creating more effective and sustainable waste management that supports environmentally sound development.

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