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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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KEWENANGAN KOMISI PEMILIHAN UMUM DALAM MENUNJANG HAK MEMILIH BAGI PENYANDANG DISABILITAS TERHADAP PEMILIHAN BUPATI KABUPATEN ALOR Koda, Taufik Sulaiman; Stefanus, Kotan Y; 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.v3i1.21540

Abstract

This study examines the authority of the General Election Commission in supporting the voting rights of voters with disabilities during the 2018 Alor Regency Election. The General Election Commission effectively fulfilled its role through close coordination with ad hoc bodies and other stakeholders, focusing on improving accessibility at polling stations and conducting inclusive outreach programs. However, the Alor Regency General Election Commission faced various challenges in enhancing accessibility for voters with disabilities, including voter data changes, geographical conditions, and family attitudes toward individuals with disabilities. Additionally, internal challenges included a lack of understanding among Polling Station Working Group officers and limited resources. Despite these obstacles, the participation of voters with disabilities in the election was relatively satisfactory. These findings highlight the importance of continuous evaluation, capacity-building at the local level, and stronger support to ensure more inclusive elections in the future.
PERAN DINAS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK, PENGENDALIAN PENDUDUK DAN KELUARGA BERENCANA KABUPATEN SUMBA TIMUR TERHADAP PERLINDUNGAN HAK PEREMPUAN DAN HAK ANAK Ndelo, Heryanto H; Monteiro, Josef M; Rema, Agnes D
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.v3i1.21590

Abstract

His study aims to analyze the role and effectiveness of the Office of Women's Empowerment and Child Protection, Population Control, and Family Planning of East Sumba Regency in protecting the rights of women and children. The research is motivated by the persistent challenges faced by women and children, including gender-based violence, discrimination, and limited access to health, education, and legal protection, particularly in East Sumba, a region marked by traditional patriarchal culture and geographic isolation. Using a juridical-empirical method, data were collected through interviews and document studies involving key officials and community members. The results indicate that while the DP3AP2KB has implemented various programs and policies based on national and regional regulations, several inhibiting factors—such as limited budget, inadequate human resources, and lack of public awareness—have hampered the effectiveness of these initiatives. This study emphasizes the need for stronger institutional support, inter-agency collaboration, and community participation to enhance the protection and empowerment of women and children in the region.
ANALISIS YURIDIS PENJATUHAN PUTUSAN OLEH HAKIM TERHADAP PELAKU PEMALSUAN E-KTP PEMILIHAN UMUM Kana, Nelci Duru; Leo, Rudepel Petrus; Manafe, Deddy R Ch
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.v3i1.21608

Abstract

This study examines the verdict in Case No. 105/Pid. Sus/2023/PN Kupang, in which Yan Quarius Bunga, a legislative candidate, was found guilty of falsifying an E-KTP to meet election requirements based on Article 520 of Law No. 7/2017 Concering on Elections and Article 55(1) of the Criminal Code. The judges highlighted the defendant's intent (dolus) and his position as a medeplegen (participant) in a structured scheme involving political elites, but imposed a light of 1 month probation and a small amount of fine, taking into account mitigating factors such as the defendant's cooperation and document revision. Critically, this verdict contradicts the maximum sanction stipulated by law, which is 6 years in prison, which has the potential to reduce the deterrent effect on election crimes. This study highlights the weaknesses of the system: (1) inadequate sanctions for organized crimes involving political actors, (2) failure to hold intellectual perpetrators (party officials) accountable, and (3) procedural errors, such as the return of the laptop used for falsification. Normative and empirical methods show tensions between retributive and restorative justice, with the verdict favoring rehabilitation over democratic integrity. The case reflects the paradoxical role of the judiciary in combating electoral fraud, highlighting the importance of coherent law enforcement to maintain public trust in democracy. Systemic legislative reforms to prevent identity fraud and strengthen electoral transparency are recommended, so that the democratic process does not become a mere administrative formality vulnerable to manipulation.
PERAN KPU SUMBA BARAT DAYA DALAM MENINGKATKAN PARTISIPASI PEMILIH PEMULA PADA PEMILU TAHUN 2024 DI KECAMATAN KOTA TAMBOLAKA BERDASARKAN PKPU NOMOR 10 TAHUN 2018 Mira Dida, Isa Mesakh; Monteiro, Josef M; 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.v3i1.21625

Abstract

The purpose of this study is to examine the General Elections Commission's function of Southwest Sumba Regency in boosting involvement of first-time voters in the 2024 General Election in Kota Tambolaka District. As first-time voters, particularly those from Generation Z aged 17–21, play a strategic role in shaping the future of democracy in Indonesia, their active participation is crucial. However, low political awareness and limited access to voter education pose challenges. Using a qualitative legal research approach with empirical data collection methods, this study identifies the programs and strategies implemented by General Elections Commission's, such as voter education, school outreach, and social media campaigns. The findings reveal that although several efforts have been made, obstacles remain, including inadequate understanding of electoral processes among young voters and limited engagement strategies tailored to their interests. The study concludes that strengthening voter education and collaboration with educational institutions are essential to foster meaningful political participation among first-time voters.
KESADARAN HUKUM MASYARAKAT DALAM PENDAFTARAN TANAH DI KECAMATAN ATAMBUA SELATAN KABUPATEN BELU Hittu, Olga Sarlien; Asnawi, Norani; Dai, Hermanwati A Y
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.v3i1.21627

Abstract

This study examines the legal understanding of residents of South Atambua District, Belu Regency (NTT), regarding land registration using empirical legal methods. Through indicators of knowledge, understanding, attitude, and legal behavior, it was revealed that most respondents (62 heads of families in the sample) have basic knowledge about the importance of land certificates and the PTSL program, but their understanding of technical procedures, requirements, and costs is still very limited, especially among residents with low education (39% high school education, 31% junior high school education) and low income (average IDR 2.1 million per month). Although there is a positive attitude towards the obligation to certify (60 respondents agree), this is hampered by the view of complicated bureaucracy, high costs, and dependence on government programs. Behavioral patterns show that people comply with official procedures, but independent initiatives are still very few due to external factors (land disputes, economic factors) and also internal factors (limited human resources, slow bureaucracy). Structural challenges such as low legal literacy, a non-digital administrative system, and lack of socialization further exacerbate the lack of public knowledge.
ANALISIS PELAKSANAAN PENETAPAN ASAL USUL ANAK SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP ANAK DARI PERKAWINAN SIRI PADA PENGADILAN AGAMA KUPANG Musdalifah, Musdalifah; Ndolu, Juliana Susantje; Dinata, Husni Kusuma
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.v3i1.22117

Abstract

Determination of the origin of children from unregistered relationships at the Kupang Religious Court is an important step to ensure the identity, inheritance, and maintenance rights of children born from unregistered marriages. This study investigated the determination process by interviewing judges, court clerks, and six applicants, and analyzing secondary data. The findings show that the determination hearing process is carried out in two stages: identity verification and proof of unregistered marriage through witnesses, ending with the determination of the child's status as legitimate and biological. All respondents (100%) thought that the process was smooth, transparent, and affordable. However, there were several obstacles, including low public understanding of the determination procedure, lack of official marriage evidence (which requires isbat nikah), and difficulty in presenting valid witnesses due to the time gap since the unregistered marriage took place. Low participation in the socialization of the mobile court also worsened the situation. This study recommends collaboration between the court and the government in providing legal education, simplifying administration, and strengthening legal aid services (posbakum) to increase access. Thus, although the determination process is in accordance with the principles of justice, the protection of children from unregistered relationships still requires a comprehensive approach that focuses on legal literacy and cooperation between institutions.
PENEGAKAN HUKUM ATAS PENIPUAN DALAM JUAL-BELI BAHAN BAKAR MINYAK DI KABUPATEN BELU Haki, Grasella Listin; Pello, Jimmy; Leo, Rudepel Petrus; Wihelmus, Bhisa Vitus
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.v3i1.22168

Abstract

This study aims to analyze the gap between legal regulations and their practical implementation in fuel sales activities in Belu Regency, as well as to identify various obstacles that hinder the effective enforcement of criminal law against fraudulent actors in these activities. The approach used is an empirical juridical approach with qualitative descriptive methods, examining both the applicable laws and their enforcement in society, particularly concerning fraud practices in fuel distribution and sales. Data were collected through interviews with five attendants of Stasiun Pengisian Bahan Bakar Umum (SPBU), ten consumers, and informal fuel sellers, supported by literature review and relevant regulations. The findings reveal fraudulent practices such as manipulation of fuel volume, failure to reset dispensers to zero before filling, and resale of fuel by consumers. These actions constitute violations of Article 378 of the Indonesian Criminal Code (KUHP) concerning fraud, yet firm legal enforcement remains lacking. This study also identifies several barriers to effective law enforcement, including unclear legal provisions, limited resources of law enforcement officers, inadequate supporting infrastructure, low public legal awareness, and a cultural tendency to tolerate legal violations. Therefore, this study recommends strengthening law enforcement mechanisms and supervision systems to ensure fuel distribution and sales are conducted fairly, transparently, and responsibly.
PERTANGGUNGJAWABAN PIDANA BAGI PELAKU POLITIK UANG DALAM PEMILIHAN UMUM DI KABUPATEN LEMBATA PROVINSI NUSA TENGGARA TIMUR Uran, Maria Novita Nigun; Sinurat, Aksi; Wilhelmus, Bhisa Vitus
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.v3i1.22190

Abstract

This study examines the use of money politics in Lembata Regency by emphasizing the legal responsibility of the perpetrators and preventive efforts by Bawaslu, the Police, and the Prosecutor's Office. Using a descriptive-analytical approach, data were obtained through interviews with the Lembata Bawaslu Secretariat Coordinator and relevant literature reviews. The research findings indicate that the management of money politics faces various complex challenges: (1) structural obstacles such as the perpetrators' escape, weak evidence of transactions, and ineffective coordination between institutions; (2) the shift in the practice of money politics from giving cash to project-based activities or social relationships that are difficult to suspect; and (3) the powerlessness of the Gakkumdu mechanism due to its reliance on unanimous consensus and strict administrative time limits. This study shows that law enforcement is hampered by the dualism of regulations (the Criminal Code versus the Election Law) and the influence of local political interests. Some recommended solutions include increasing investigative capacity utilizing technology, devolution of prosecutorial authority, public education for participatory supervision, and adjustments to general and specific criminal laws. Without comprehensive reform, law enforcement efforts in elections risk getting caught up in procedural formalities.
EKSISTENSI DAN FUNGSI LEMBAGA ADAT DALAM PENYELESAIAN SENGKETA ADAT DI DESA KAMBATA WUNDUT KECAMATAN LEWA, KABUPATEN SUMBA TIMUR DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Lemba, Fitrisia Padu; Monteiro, Josep Mario; Tupen, Rafael Rape
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.v3i1.22191

Abstract

This study explores the function of customary institutions in resolving customary conflicts in Kambata Wundut Village, East Sumba, using empirical methods including interviews, observations, and literature reviews. The findings of this study reveal that customary institutions such as Rato and Kabihu act as mediators in disputes over land, theft, and forest protection through deliberations based on local wisdom. Ceremonies such as Hamayang Kacua Utang and the Wai Humba Festival demonstrate the integration of Marapu spiritual values ​​with ecological protection and cultural identity. Although functioning well as an alternative dispute resolution, customary institutions face challenges due to modernization, lack of regeneration of customary leaders, and inconsistency with national regulations (Law No. 6/2014). Limited community access to customary areas due to administrative expansion and low formal legal counseling make this system increasingly vulnerable. This study recommends strengthening the capacity of customary institutions, aligning government policies with local values, and revitalizing customs through intergenerational education. The sustainability of customary institutions not only protects cultural heritage but also supports socio-ecological justice amidst the changes that occur.
ANALISIS YURIDIS PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA ( Studi Kasus Putusan Nomor:227/Pid.Sus/2021/PN Kpg) Diaz, Maria Selviana; Wilhelmus, Bhisa Vitus; Manuain, Orpa Ganefo
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.v3i1.22201

Abstract

This research aims to analyze the imposition of criminal law in deciding criminal cases againts perpetrators of domestic violence in Decision No: 227/Pid.Sus/2021/PN Kpg. The type of research used is normative research with a Literature study that collects legal materials such as laws and regulations, case decitions, and non-legal materials such as books and the internet. The primary, secondary, and tertiary legal data sources are used . Based on the research results, the sentence imposed in Decision no: 227/Pid.Sus/2021/PN Kpg is considered light and does not match the impact caused by the perpetrators actions, which resulted in the victim suffering injuries.

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