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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 YURIDIS TERHADAP JUAL BELI AKUN DRIVER PADA LAYANAN TRANSPORTASI ONLINE DI KOTA KUPANG Uly, Nila Wati L. J; Jacob, Yossie Maria Yulianty; 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.v3i1.22249

Abstract

Technological advancements have driven the growth of the online transportation industry, which relies on virtual applications to facilitate services. However, misuse has emerged, such as the buying and selling of online driver accounts, particularly on the Maxim platform in Kupang City. This research is empirical, focusing on studying and analyzing data obtained from the research site. The aspects examined include the causes of the buying and selling of driver accounts in online transportation services in Kupang City and the legal consequences of such practices. The research findings indicate that: (1) The causes of the buying and selling of driver accounts in online transportation services in Kupang City include (a) Internal Causes: economic motivation, lack of legal awareness, and performance pressure. (b) External Causes: high market demand and intense competition among drivers. (2) The legal consequences of the buying and selling of driver accounts in online transportation services in Kupang City include permanent account blocking and blacklisting from Maxim's partner list. The researcher proposes the following recommendations: Maxim should review its bonus and incentive schemes for drivers, simplify the registration process for prospective driver partners with a faster, simpler, and more transparent procedure. Drivers should comply with application regulations and educate fellow drivers. Consumers should verify driver identities, remain cautious of fake accounts, and report suspicious accounts to the online transportation platform.
RITUAL HAI NIKI (BUANG PANAS) DITINJAU DARI ASPEK HUKUM PIDANA Nitbani, Florensi T; Pello, Jimmy; Fanggi, Rosalind Angel; 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.v3i1.22347

Abstract

This research discusses the practice of Hai Niki, a post-circumcision ritual performed by the Atoni Pah Meto indigenous community on Timor Island. In this ritual, newly circumcised men are required to have sexual intercourse with women who are not their legal partners as part of the healing and purification process according to local beliefs. Although considered sacred in the local culture, this practice raises legal, ethical and human rights issues, especially because it places women as sexual objects without full control over their bodies. Using an empirical juridical approach, this research explores data through interviews with traditional leaders, perpetrators, and women involved. The results show that this ritual has the potential to violate national criminal law, including adultery, trafficking, and the protection of women and children. This research highlights the tension between customary law and formal state law. Therefore, a responsive and transformative legal approach is needed by emphasising the importance of legal awareness, gender equality education, and human rights protection, without ignoring local cultural identity.
ANALISIS KRIMINOLOGIS TERHADAP PERJUDIAN BOLA GULING DI PASAR MINGGUAN RAJA DAN BOAWAE KABUPATEN NAGEKEO PROVINSI NUSA TENGGARA TIMUR Lepe, Salmania; Amalo, Heryanto; Fallo, Debi F. Ng
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.v3i1.22445

Abstract

This study examines the criminological factors underlying the high activity of rolling ball gambling in Pasar Mingguan Raja and Boawae, Nagekeo Regency, NTT. Qualitative empirical methods were applied through observation, interviews, and document analysis. The research findings revealed six contributing factors: (1) economic pressures such as poverty and unemployment; (2) market culture that makes gambling a common form of entertainment; (3) weak implementation of religious values; (4) lack of supervision and law enforcement due to limited human resources and geographical conditions; (5) low levels of education and legal awareness in society; and (6) the influence of a permissive environment (differential association). The countermeasures taken by the Boawae Police, such as counseling, patrols, raids, cooperation with community and religious leaders, and enforcement of Article 303 of the Criminal Code, have not achieved maximum results due to location mobility constraints, the existence of an early warning system from the perpetrators, low levels of community participation, and limited resources. In conclusion, an integrated holistic approach is needed, including consistent law enforcement, strengthening the economy, education, and revitalizing cultural and religious values.
ANALISIS YURIDIS PERJANJIAN PRANIKAH DI INDONESIA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Dae Panie, Norci P; Jacob, Yossie M Y; Pello, Helsina F
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.v3i1.22453

Abstract

This study analyzes the legal protection and implications of prenuptial agreements as regulated under the Indonesian Civil Code. Prenuptial agreements, which are created prior to marriage, serve as legal instruments that govern the division, management, and ownership of property between future spouses. Although their legal standing is acknowledged, the practical application of these agreements in Indonesia remains limited due to cultural stigma, insufficient public awareness, and the perception that such agreements contradict traditional values. This normative juridical research employs a statutory and analytical approach to examine relevant legal provisions, especially those found in the Civil Code, Law Number 1 of 1974 on Marriage, and the Compilation of Islamic Law. The findings indicate that while existing legal instruments provide a basis for regulating property relations through prenuptial agreements, they lack a comprehensive framework for addressing broader aspects such as economic rights, child protection, and spousal responsibilities. Moreover, there is an urgent need to reform and harmonize related regulations to enhance legal certainty and prevent future disputes. Strengthening legal literacy and promoting the social legitimacy of prenuptial agreements are also essential steps to ensure that these agreements function not only as protective legal tools but also as preventive mechanisms that contribute to household stability and justice in marriage.
FUNGSI BADAN PENDAPATAN DAN ASET DAERAH DALAM PENGAWASAN PENERIMAAN PAJAK KENDARAAN BERMOTOR DITINJAU DARI PERGUB NTT NOMOR 25 TAHUN 2022 TENTANG KEDUDUKAN, SUSUNAN ORGANISASI, TUGAS DAN FUNGSI SERTA TATA KERJA BADAN PENDAPATAN ASET DAERAH PROVINSI NTT Adu, Alberto V; Yohanes, Saryono; Tupen, Rafael R
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.v3i1.22466

Abstract

The purpose of this research is to analyse the execution of the function of the Regional Revenue and Assets Agency of East Nusa Tenggara Province in overseeing Motor Vehicle Tax) revenue, as well as identifying inhibiting factors based on East Nusa Tenggara Governor Regulation Number 25 of 2022. The results showed that (1) Regional Revenue and Asset Management Agency East Nusa Tenggara Province has carried out the supervisory function through monitoring, evaluation, recommendations, and reporting, (2) but it has not been optimal due to low taxpayer awareness, the absence of standardised standard operating procedure, and limited facilities and infrastructure. Therefore, a strategy is needed to increase the effectiveness of the supervisory function and update technical policies as well as increase socialisation to the public in order to optimise revenue in the region.
ANALISIS PENERAPAN SANKSI ADAT TALA PADA PERKAWINAN ADAT DI DESA RANGGI KECAMATAN WAE RI’I KABUPATEN MANGGARAI Jemima, Hildegardis; Mauritsius, Darius; 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.v3i1.22468

Abstract

This study explores the customary tala sanctions applied in traditional Manggarai marriages in Ranggi Village, Manggarai Regency, using an empirical approach through interviews and literature analysis. Tala is a customary fine imposed for the cancellation of a customary marriage that has not been officially registered (either by the state or religion) or for premarital sexual relations. The purpose of tala is to restore women's dignity (molas kole) and end kinship relations (woe nelu) in an honorable manner (pedeng kole roto). The stages in this process consist of: (1) a visit from the woman to the man's family, (2) customary deliberation (lonto leok) to determine the amount of the fine, and (3) submission of sanctions (leso tala) in the form of money (average Rp. 40 million) or animals. Several factors that cause this include neglect of responsibility (for example: rejection of children), communication problems, violation of customary norms, and unpreparedness to start a family. Although this is contrary to the principle of marriage permanence regulated in Law No. 1/1974, tala remains relevant as a form of restorative justice that maintains social balance, women's dignity, and shared responsibility amidst the tide of modernization.
STRATEGI KOMISI PEMILIHAN UMUM KABUPATEN MANGGARAI DALAM MENINGKATKAN PARTISIPASI PEMILIH DALAM PEMILIHAN UMUM TAHUN 2024 Bili Agus, Yosefiani Margaretha; 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.v3i1.22470

Abstract

This study examines the efforts of the General Election Commission of Manggarai Regency to increase voter turnout for the 2024 Election through fact-based legal strategies. Data were gathered via interviews and document analysis at the KPU Manggarai office. The study identified six key steps: (1) technological voter data management (WhatsApp, Sidalih); (2) inclusive registration (e-KTP access, Voting Rights Guard Post); (3) diverse socialization channels (Goes to School/Campus, social media, billboards); (4) political education targeting new voters, women, and persons with disabilities; (5) creative programs (e.g., Colour Run) and inter-institutional collaboration; and (6) accessible polling stations (facilities for the elderly and disabled, Braille templates). Despite these efforts, four main obstacles emerged: (a) limited human resources (Pantarlih competence); (b) infrastructure issues (road access, polling station shortages, weak electricity/network); (c) unbalanced budget allocation (only 0.35% or IDR 161 million for socialization out of IDR 45.3 billion); and (d) suboptimal participation (average 75.36%, below the 80% national target). Gaps between electoral districts (lowest in District 3: 73.39%) and minimal DPK/DPTb usage highlight persistent challenges related to geography, administration, and resource limitations.
TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA KEKERASAN ANTAR WARGA EKS TIMOR-TIMUR DAN WARGA LOKAL SECARA BERULANG-ULANG DI KABUPATEN KUPANG Pakh, Wian Krista; Leo, Rudepel Petrus; Amalo, Heryanto
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.v3i1.22474

Abstract

Recurrent violent conflicts between former East Timorese refugees and local communities in Kupang Regency (2005-2018) were caused by competition over economic resources, negative views, and identity issues after the 1999 referendum. This legal research investigates the causes and ways of resolving the conflict with a focus on Tanah Merah Village, Central Kupang—an area chosen because it has a long history of conflict and structural injustices that reflect the overall dynamics of the area. The methods used include structured interviews with stakeholders (sources: local residents, former refugees, traditional leaders, and the police) and secondary data analysis. The main findings highlight the causal factors that drive the conflict: high unemployment (especially among young people), limited legal insight, extortion practices, land disputes, and alcohol consumption that can trigger anarchic actions. Successful intervention measures include: (1) early prevention through security posts and legal education (reducing violence by 25% by 2022), (2) community-based mediation (with an effectiveness rate of 40% according to ELSAM 2021), and (3) strict enforcement of the law (Articles 170-182 of the Criminal Code). Policy recommendations include: regulating the sale of alcoholic beverages within a certain radius in conflict-prone areas, integrated job training programs for unemployed youth, and accelerating the customary land certification process to break the cycle of structural violence.
FUNGSI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI NTT DALAM PEMBERDAYAAN MASYARAKAT SEBAGAI TENAGA KERJA LOKAL Baoh, Gregorius J; Monteiro, Josef M; Lamataro, Cyrilius W T
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.v3i1.22508

Abstract

This research examines the role of the Department of Manpower and Transmigration of East Nusa Tenggara Province in empowering the community as local labor. Using an empirical juridical approach, this study explores how the department formulates and implements labor and transmigration policies, including the evaluation and reporting functions, as well as additional tasks assigned by the governor. Findings show that while several initiatives such as training programs, skill development, and cooperation with vocational institutions have been implemented, significant obstacles hinder their effectiveness. These include limitations in human resources, inadequate infrastructure, and insufficient budget allocations. Moreover, the quality of training often fails to meet the actual needs of local workers, and many potential beneficiaries remain uninvolved or unaware of existing empowerment programs. The study suggests that a more targeted, participatory, and well-supported approach is needed to improve the capacity and competitiveness of local labor in East Nusa Tenggara.

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