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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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PERTANGGUNGJAWABAN PIDANA TERHADAP KARYAWAN PELAKU TINDAK PIDANA PENGGELAPAN UANG DI PERUSAHAAN PT. ANEKA NIAGA DI KOTA KUPANG Nenobais, Yosefina Sarlin; Wilhelmus, Bhisa V; Fanggi, Rosalind A
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.v2i2.20818

Abstract

This research discusses criminal responsibility and the application of legal sanctions against an employee of PT Aneka Niaga in Kupang City who was involved in the criminal act of embezzling company funds. This case involves AAF, an employee authorized to collect payments from customers in Rote and Sabu Districts, who misused funds amounting to IDR 135,568,090 for personal interests, including online gambling. This research uses empirical juridical methods with an empirical legal approach, analyzing legal provisions in Articles 372-376 of the Criminal Code (KUHP), Law no. 31 of 1999 concerning Eradication of Corruption Crimes, and Law no. 13 of 2013 concerning Employment. The findings show that the perpetrator fulfills the elements of embezzlement in a position of trust as regulated in Article 374 of the Criminal Code, which includes the existence of the perpetrator, the ability to be held accountable, malicious intent, and no justification. Although the perpetrator was also involved in online gambling, the judge decided to impose a sentence based on the embezzlement charge, imposing a prison sentence of 2 years and 6 months, while considering online gambling as an aggravating factor. This research concludes that law enforcement needs to be increased more firmly and proportionally to create a deterrent effect, and companies must strengthen internal supervision to prevent abuse of authority by employees.
TINJAUAN YURIDIS PERBUATAN MELAWAN HUKUM TERHADAP OBJEK SENGKETA TANAH PEKARANGAN DI DESA IKAN TUANBESI KABUPATEN MALAKA (STUDI KASUS PUTUSAN NOMOR 35/PDT.G/2023/PN ATB) Tao, Fransiska; Mauritsius, Darius; 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.v2i2.20829

Abstract

An unlawful act is any action that causes harm to another person, requiring the guilty perpetrator to compensate for the losses incurred. Acts against the law are regulated in Article 1365 of the Civil Code. In the land dispute case based on District Court Decision Number: 35/Pdt.G/2023/PN Atb, considering the lawsuit dated 31 July 2023 which was received and registered at the Registrar's Office of the Atambua District Court on 01 August 2023 where the Defendant committed an act of defiance without having valid evidence, Defendant I to Defendant III acted unlawfully and forcibly seized and controlled part of Maria Tay's land covering an area of ​​approximately 82 km. M2. This research aims to determine the arguments of the parties involved in Decision Number 35/Pdt.G/2023/PN Atb and the judge's considerations in Decision Number 35/Pdt.G/2023/PN Atb. The type of research used is normative research with the research materials used being primary and secondary legal materials. The legal material analysis method is carried out using descriptive and qualitative analysis. The results of this research are (1) The plaintiffs argued that they had rights to the land based on continuous possession, building a house, and paying taxes. On the other hand, the Defendant stated that based on the matrilineal system and customary law, the land belonged to them as a family inheritance, and they rejected the Plaintiff's claim which was deemed to have no clear legal basis. (2) Based on decision Number 35/PDT.G/2023/PN. Atb and the considerations presented by the Panel of Judges, the lawsuit submitted by the Plaintiff was declared inadmissible (Niet Ontvankelijke Verklaard) because there was ambiguity in the lawsuit, both in terms of subject, object and the arguments put forward. This lawsuit contains uncertainties that cause doubts in the evidence, especially regarding land ownership status, land area, and the boundaries of the land in dispute.
EFEKTIVITAS PENANGANAN DAN PERLINDUNGAN ORANG DENGAN GANGGUAN JIWA OLEH DINAS KESEHATAN KABUPATEN MANGGARAI BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2014 TENTANG KESEHATAN JIWA Afra, Paulinus; Yohanes, Saryono; Monteiro, Yosef Mario
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.v2i2.20900

Abstract

The escalating global prevalence of mental health disorders underscores the critical need for effective governmental interventions. This study delves into the efficacy of mental disorder management within Manggarai Regency, Indonesia, guided by the framework of Law No. 18 of 2014 concerning Mental Health. Utilizing an empirical juridical research approach, data was meticulously gathered through a combination of interviews, direct observations, and thorough document analysis. The findings reveal a concerning reality: the Manggarai Regency Health Office's current strategies for addressing mental disorders have proven to be largely ineffective, as evidenced by a substantial surge in reported cases. Key impediments to successful management include deficiencies in essential facilities and infrastructure, compounded by the challenge of inconsistent and insufficient funding. To rectify these shortcomings, the study strongly advocates for the Health Office to intensify its efforts across the spectrum of mental health services, encompassing promotive, preventive, curative, and rehabilitative initiatives. Furthermore, the regional government is urgently called upon to bolster its support for the Health Office, ensuring that it is adequately equipped to tackle the complex challenges posed by mental health disorders.
PENGATURAN PENGELOLAAN PASAR DAN FAKTOR PENGHAMBATNYA (STUDI TERHADAP PENGELOLAAN PASAR WUE KECAMATAN WOLOMEZE KABUPATEN NGADA PROVINSI NUSA TENGGARA TIMUR) Kampas, Paskalina Fridolin; Stefanus, Kotan Y; 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.v2i2.20974

Abstract

Market management regulations are a series of activities carried out to regulate, manage, and maximize market functions so that they run in an orderly, efficient, and profitable manner for all parties involved, such as traders, buyers, and the government. Market management regulations cover various aspects, including regulations, policies, and operational governance. The main problems of this study are (1) How is the management of Wue Market, Wolomeze District, Ngada Regency? (2) What are the inhibiting factors in the management of Wue Market, Wolomeze District, Ngada Regency? The type of research used is normative-empirical (applied) research. This research was conducted in Wue Village. The types of data used are secondary data and primary data. The data collection techniques used are literature studies and interviews. The results of this study indicate that (1) The management of the Wue Village market is the responsibility of the Village-Owned Enterprise (BUMDes). Although there are no specific regulations governing the management of the market, an agreement has been reached between the Regional Government (Pemda) and the Village regarding the use of land using the borrow-use method. (2) The inhibiting factors in market management in Wue Village are human resource factors, lack of facilities and infrastructure, limited budget for market management, lack of government support and public legal awareness.
TINJAUAN KRIMINOLOGIS TENTANG ABORSI YANG DILAKUKAN OLEH DUKUN BERANAK DI KOTA KUPANG (Studi Kasus di Kelurahan Kuanino Kecamatan Kota Raja Kota Kupang) Hamma, Grace Ivolia Putri; Manuain, Orpa Ganefo; Sonbait, Sigit Prabowo
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.v3i1.21008

Abstract

Lack of awareness of the risks of casual sex leads to unwanted pregnancies. Issue of abortion has taken center stage in global politics and is no longer taboo. In Indonesia, abortion is illegal except in medical cases or rape as per the 2009 Health Law. The Criminal Code protects the fetus and understanding the motives for abortion is important in law. Illegal abortion practices are common, including in Kuanino Village, where abortion recidivists continue to perform abortions. The motives of the perpetrators in performing abortions in Kuanino Village are economic and experience in performing abortions. Abortions performed by village traditional healers are motivated by their expertise. The act of abortion that occurred in Kupang City is by sequencing. The modus operandi of the abortion crime is that the abortionist is given traditional medicine periodically according to the time determined by the traditional birth attendant. The second way is that the abortionist's genitals are inserted with roots and wood that function to accelerate the process of abortion. Obstacles in overcoming abortion cases in Kupang City are lack of legal awareness, lack of law enforcement efforts, and covert abortion practices. Suggestions include education, access to health services, and stricter law enforcement.
PENYELESAIAN PERKARA PERUSAKAN TEMPAT RITUAL ADAT SUKU TAIBOKO DESA LETMAFO TIMUR MELALUI MEKANISME HUKUM ADAT Usfinit, Theresia Remeiliana; Wilhelmus, Bhisa V; Manuain, Orpa G
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.v3i1.21170

Abstract

This research examines the resolution of a dispute involving the destruction of a customary ritual site belonging to the Taiboko Tribe in East Letmafo Village through mechanisms of customary law. Employing a juridical-empirical approach and qualitative research methods, the study focuses on direct observation and comprehension of customary legal practices within the Taiboko community. The findings reveal the pivotal role of customary law in resolving indigenous community disputes, facilitated by familial-style deliberations and consensus involving tribal and community leaders, as well as police involvement. The achieved settlement includes significant customary fines, encompassing monetary compensation, sacrificial animals, rice, and local beverages, alongside provisions for replacing the damaged tree. This resolution underscores the severity of the customary violation and aims to restore communal harmony. The research affirms the continued relevance of customary law in modern dispute resolution and highlights the importance of state recognition of Indonesia's diverse legal systems.
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.
FUNGSI PEMERINTAH DAERAH KABUPATEN SABU RAIJUA DALAM PEMBENTUKAN PERATURAN TENTANG PENERTIBAN PERJUDIAN DI KABUPATEN SABU RAIJUA Mangngi, Fivin F; Yohanes, Saryono; Ratu Udju, Hernimus
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.v3i1.21254

Abstract

In the context of the implementation of local government in accordance with the mandate of the Constitution of the Republic of Indonesia in 1945, Local governments follow the principles of autonomy and assistance duties while regulating and managing their own government issues. Furthermore, local governments are instructed to increase regional competitiveness by paying attention to the principles of democracy, equity, justice, privileges, and regional specificity within the framework of the Unitary State of the Republic of Indonesia. They are also instructed to expedite the realization of community welfare through improvement, service, empowerment, and community participation. As stated in Article 236 paragraph (1) of Law Number 32 of 2004 concerning Regional Government, Regional Regulations are established for the implementation of regional autonomy and assistance tasks. Therefore, in order to implement regional autonomy in Sabu Raijua Regency, it is necessary to have a Regional Regulation made by the local government of Sabu Raijua Regency. In addition to Regional Regulations, the Sabu Raijua community also has other regulations in the region such as regional head regulations, village regulations, customs and so on. The results of the study stated that in carrying out its function as a regulator on gambling control in Sabu Raijua Regency, the government has not carried out its duties properly. The government has not established a Regional Regulation on Gambling Control due to the low quality of human resources, the absence of participation from the community and the lack of availability of funds in Sabu Raijua Regency.
ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 PERIHAL PENGUJIAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 TERHADAP UNDANG-UNDANG DASAR 1945 TENTANG LARANGAN KAMPANYE DI TEMPAT PENDIDIKAN Yosenda, Firminus R; Ratu Udju, Hernimus; Lawung, Mario A
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.v3i1.21255

Abstract

This study's objective is to investigate the ratio decidendi and legal implications of the Constitutional Court Decision Number 65/PUU-XXI/2023 concerning the constitutional review of Article 280 paragraph (1) letter h of Law Number 7 of 2017 on General Elections, particularly regarding the prohibition of campaigning in educational institutions. The Constitutional Court's ruling declared that the explanatory phrase of the article contradicts the 1945 Constitution and lacks binding legal force. This study uses a normative juridical approach and is analyzed qualitatively to reveal the Court's legal reasoning and its impact on the neutrality of educational institutions and legal certainty in election campaigns. The results show that the Court emphasizes the importance of maintaining the neutrality of educational spaces from practical political activities to protect the learning process and ensure justice and legal certainty in elections.
TUGAS DAN FUNGSI LURAH DALAM PELAYANAN PUBLIK DI KELURAHAN WERI, KECAMATAN LARANTUKA, KABUPATEN FLORES TIMUR Belaga, Nurul Alfiah; Ratu Udju, Hernimus; Ermalinda, Jenny
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.v3i1.21301

Abstract

This research was conducted in Weri Village, Larantuka District, East Flores Regency in July 2024 until completion. The formulation of the problem is: To what extent are the duties and functions of the Lurah in public services in Weri Village, Larantuka District, East Flores Regency and What are the factors that influence the duties and functions of the Lurah in public services in Weri Village, Larantuka District, East Flores Regency. The benefits of this research are to contribute to the development of science, especially in the field of Constitutional Law and input for the Weri Village government in carrying out public services. This research uses an empirical legal research method. The data collection techniques used are: Observation, Interviews and Literature Studies in the form of books, laws and regulations, journals and other written materials related to the research topic. The data analysis technique is that all information processed is analyzed using empirical legal methods according to the data obtained by paying attention to the theory, principles and legal rules related to the duties and functions of the Lurah in public services. Suggestions in this writing: The East Flores Regency Government needs to pay attention to the Weri Village organization and the community is expected to be more active in providing feedback regarding services in Weri Village.

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