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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 174 Documents
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PRODUKTIVITAS KINERJA DEWAN PERWAKILAN RAKYAT DAERAH KOTA KUPANG DALAM MELAKSANAKAN FUNGSI PENGAWASAN DI KOTA KUPANG Tonubessi, Salsa Dianprima; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22150

Abstract

Since 2020 until now, the world, including the City of Kupang, has been hit by the spread of corona virus disease 2019 which does not yet appear to be over and requires enormous attention and budget to carry out efforts to overcome it. The research in this thesis discusses the productivity of the supervisory performance of the Kupang City Regional People's Representative Assembly in dealing with corona virus disease 2019 in Kupang City.The method used by the author is a normative juridical research method using a case methodology. The findings of this research suggest that the Kupang City Regional Representative Council in carrying out its supervisory function, including in handling corona virus disease 2019 in Kupang City, continues to use its authority and function normatively, by tightening oversight so that all corona virus disease 2019 countermeasures policies in Kupang City can run as they should and can more effective in controlling the spread of corona virus disease 2019 in Kupang City.
ANALISIS TEORI KEADILAN RESTORATIF TERHADAP DASAR PERTIMBANGAN PUTUSAN HAKIM: KEJAHATAN PENGANCAMAN DI PENGADILAN NEGERI KUPANG (Studi Kasus Putusan Nomor 252/PID.B/2019/PN Kupang) Tefa, Petrus De Jenerio; Masu, Reny Rebeka; Resopijani, A
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22327

Abstract

This study aims to analyze the application of the theory of restorative justice in the basis for considering judges' sentences for criminal acts of threats based on a case study of Decision Number 252/PID.B/2019/PN Kupang. legally, the regulation of this offense is stipulated in Article 335 Paragraph (1) Points 1 And 2 of the Indonesian Penal Code. This study examines the district court decision of kupang number 252/pid.b/2019/pn kupang, which reveals the presence of a personal vendetta harbored by the victim against the perpetrator prior to the legal incident. This illustrates the potential misuse of legal mechanisms as a means of retaliation in complex interpersonal relationships. Accordingly, this research is guided by the following problem formulations: what are the judicial considerations regarding the crime of threat in decision number 252/pid.b/2019/pn kupang? and how can restorative justice theory be applied in analyzing the judge’s considerations in the aforementioned decision?. This study employs a normative juridical method using statutory, conceptual, and historical approaches. The research findings indicate that in Decision Number 252/Pid.B/2019/PN Kupang, the judge considered both juridical and sociological aspects, namely the fulfillment of the elements of the crime of threat as stipulated in Article 335 paragraph (1) of the Indonesian Penal Code, as well as the social impact of the defendant's actions.
PEMBERIAN PIDANA DENDA SEBAGAI PIDANA YANG DAPAT DISUBSIDERKAN DALAM PERKARA TINDAK PIDANA KORUPSI DITINJAU DARI ASPEK TUJUAN PEMIDANAAN (STUDI PUTUSAN NOMOR 57/PID.SUS-TPK/2023/PN KPG) Gole Duan, Yanuarius Maria; Manuain, Orpa G; Amalo, Heryanto
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22519

Abstract

This study examines the inconsistencies in the application of fines that can be changed to imprisonment in corruption cases, by utilizing the theory of combined punishment that includes retaliation, prevention, and rehabilitation. This study focuses on Decision Number 57/Pid. Sus-TPK/2023/PN Kpg, in which the defendant Bernadus S. Atawolo was sentenced to a fine of fifty million rupiah (Rp 50,000,000), which was changed to a prison sentence of six months. This decision is problematic because it does not reflect the seriousness of the crime of corruption and the losses caused to state finances. Many perpetrators of crimes prefer to serve prison sentences rather than pay fines, which in turn reduces the deterrent effect and damages public trust. Legally, this replacement shows an inconsistency between the general provisions in the Criminal Code and the lack of stricter rules in Law Number 31 of 1999 in conjunction with. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. This study suggests the need for reform of the Tipikor Law by eliminating substitute sentences that are too light and replacing them with prison sentences that are commensurate with state losses. Referring to Article 79 of Law Number 1 of 2023 concerning the New Criminal Code, the regulation must ensure that fines cannot be easily avoided and make a significant contribution to asset recovery. This normative legal research applies legal case analysis and statutory interpretation.
TINJAUAN YURIDIS PELAKSANAAN PERJANJIAN JUAL BELI TENAGA LISTRIK ANTARA KONSUMEN DENGAN PT. PLN (PERSERO) DI WILAYAH KOTA KUPANG Kuma Namang, Maria Gabriella; Nubatonis, Orpa Juliana; Dinata, Husni Kusuma
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22542

Abstract

This study explores the implementation of electricity sales contracts between PT. PLN (Persero) and customers in Kupang City from a legal perspective, with an emphasis on the types of default and how to resolve conflicts. Using empirical methods including interviews with PLN employees and customers and document analysis (SPJBTL, Electricity Law, Civil Code), the results obtained indicate that the contracts used are standard and unilateral, resulting in an imbalance between rights and obligations. Customers often commit defaults such as late payments, bill deletions, and energy theft (there were 25 cases), which were caused by economic factors and disputes over assets. PT. PLN addresses this problem through a tiered Electricity Usage Control mechanism: giving warnings, imposing fines, disconnecting connections, and meetings to discuss sanction relief. Although the contract is considered valid according to Article 1320 of the Civil Code, the dominance of clauses by PLN can cause injustice to consumers, so strengthening the negotiation aspect in the contract is very necessary.
PELAKSANAAN FUNGSI PEMERINTAH DESA DALAM PEMBERDAYAAN MASYARAKAT MELALUI PROGRAM TENUN IKAT (STUDI DESA GAYAK, DESA HARUBALA DAN DESA NOBO KECAMATAN ILEBOLENG KABUPATEN FLORES TIMUR) Boro, Selviana Barek; Tupen, Rafael Rape; Ratu Udju, Hernimus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22546

Abstract

This study examines the role of village government in empowering communities through the ikat weaving program in Harubala, Gayak, and Nobo Villages (East Flores). Findings indicate a mismatch in policy implementation: Gayak and Nobo Villages provide budget support and form groups, despite not having specific Village Regulations, while Harubala does not make this program a priority in the RPJMDes/RKPDes. Several major inhibiting factors include: (1) The quality of human resources in village officials (most of whom have a high school education) who are inadequate in formulating policies, understanding regulations (e.g. HAKI), and providing support; (2) Marketing constraints (depending on the local market, lack of use of digital technology, and competition between villages); and (3) Inadequate infrastructure (no weaving houses and limited production tools). The impact of empowerment was only felt significantly in Gayak with an increase in women's income, while the program in Harubala and Nobo stagnated or stopped. To optimize the role of the village government, there needs to be strengthening of subsidiarity-based policies, increasing human resource capacity, providing strategic facilities, and integrating modern marketing so that cultural potential can be transformed into a sustainable economic basis.
HAMBATAN PENERAPAN SANKSI PIDANA TERHADAP PELAKU PEMBUANGAN SAMPAH TIDAK PADA TEMPATNYA DI KABUPATEN TIMOR TENGAH SELATAN Napa, Maria E. Y. W.; Pello, Jimmy; Wilhelmus, Bhisa Vitus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22581

Abstract

This study explores the challenges in implementing criminal sanctions against individuals who litter in Soe City, South Central Timor Regency, which is based on Regional Regulation Number 4 of 2018 concerning Waste Management. The method applied in this study is empirical law with the use of a qualitative approach, involving structured interviews with government officials, police, and the community, as well as field observations and document analysis. The results of this study found six factors that hinder implementation: (1) weak law enforcement by the Department of Environment, Civil Service Police Unit, and South Central Timor Police who prefer persuasive methods; (2) inadequate infrastructure, where only 12 of the 44 landfills are operational; (3) low levels of legal awareness among the community; (4) cultural habits such as the practice of burning waste; (5) lack of coordination between institutions; and (6) instability in the application of administrative sanctions as an initial step before criminal sanctions. This study also discusses the types of administrative sanctions (such as warnings, fines, and permit revocation) and criminal sanctions (six months imprisonment or a fine of IDR 50 million) contained in the regulation, as well as the differences between existing provisions and practices in the field. The findings of this study demonstrate the importance of combining strong law enforcement, capacity building of officers, infrastructure improvements, and local culture-based educational approaches to address the waste problem comprehensively.
ANALISIS KASUS PERBUDAKKAN DI ATAS KAPAL PENANGKAP IKAN ASAL CHINA KEPADA SEKELOMPOK PEKERJA INDONESIA DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL Maramba, Umbu Frenly Y; Kase, Dhesy A
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22655

Abstract

This article analyzes the practice of modern slavery experienced by Indonesian crew members aboard the Chinese-flagged fishing vessel Long Xing 629, which involved forced labor, violence, document confiscation, and burial at sea without family consent. This study employs a normative legal method using statutory, conceptual, and case approaches. It focuses on how international legal instruments such as ILO Convention No. 29, ILO Convention No. 188, the 2000 Palermo Protocol, and UNCLOS 1982 regulate the protection of migrant workers in the maritime sector and establish the responsibilities of both flag states and countries of origin. The findings reveal that weak enforcement of the genuine link principle and abuse of the flag of convenience system have exacerbated slavery practices at sea. Furthermore, enhanced inter-state cooperation, domestic legal reform, and international collaboration are crucial to strengthening legal protection and preventing future exploitation.
ANALISIS YURIDIS STATUS KEPEMILIKAN TANAH YANG DISENGKETAKAN OLEH PARA PIHAK DITINJAU DARI HUKUM ADAT DI DESA WONDA, KECAMATAN NDORI, KABUPATEN ENDE Sopi, Maria Rosalia; Jacob, Yossie M Y; Kaesmetan, Rini Marselin
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22714

Abstract

This study aims to analyze the legal status of customary land ownership disputed by conflicting parties in Wonda Village, Ndori Subdistrict, Ende Regency, from the perspective of customary law. The background of the issue is a land dispute involving church representatives and members of a traditional clan over land located behind a church building. The research uses an empirical legal research method with data obtained through interviews, documentation, and literature review. The findings reveal that the primary cause of the dispute is a lack of communication and legal certainty regarding the status of the land, which is rooted in customary inheritance patterns and oral agreements. Furthermore, the absence of written proof of ownership has exacerbated the conflict between the parties. From a positive legal perspective, land ownership must be registered to obtain legal certainty. However, customary law recognizes land based on ancestral inheritance, even without official documentation. The resolution process involved mediation, but challenges arose due to conflicting historical claims and the absence of oath-taking customary procedures. The study concludes that there is an urgent need to harmonize customary and positive legal systems to prevent future land disputes and ensure protection for both communal and individual rights.
KEABSAHAN PERJANJIAN JUAL BELI TANAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI PUTUSAN NOMOR: 15/PDT.G/2020/PN KFM) Konay, Intan Thesalin; Mauritsius, Darius; Dinata, Husni Kusuma
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22726

Abstract

This study examines the validity of an oral land sale and purchase agreement in the Kefamenanu District Court Decision Number 15/Pdt. G/2020/PN Kfm. Normatively, the relationship between the Plaintiff and the late Yacob Maniagala has met the requirements for a valid agreement in accordance with Article 1320 of the Civil Code, which includes the consent of all parties, legal capacity, clear objects, and legitimate purposes. However, the panel of judges rejected the application on the grounds that: the purchase receipt was considered unilateral because it was only signed by the seller without involving authorized officials such as PPAT or Lurah; the transaction violated the provisions of Article 37 of Government Regulation Number 24 of 1997 which requires a Land Deed Official, deed for the transfer of land rights; and factual ownership for nine years is not considered valid evidence without a land title certificate. This decision shows a striking difference between civil law recognition of oral agreements and agrarian lawsuits related to administrative formalities. Even though the procedures have been met, there is still substantive injustice to buyers in good faith. Thus, this study encourages the need for reform in the land registration system to accommodate informal sales practices that often occur in society.
TUGAS BADAN PENGAWAS PEMILIHAN UMUM KOTA KUPANG DALAM PENGAWASAN DESAIN BALIHO CALON LEGISLATIF PADA PEMILU 2024-2029 Listanto, Imanuel V; Monteiro, Josef M; Lawung, Mario A
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22728

Abstract

This research explores the implementation of supervisory duties carried out by Bawaslu Kupang City in monitoring the design of campaign billboards used by legislative candidates during the 2024–2029 general election period. The study adopts an empirical legal approach with socio-legal and statutory methods, involving interviews and document analysis. The findings indicate that Bawaslu plays a crucial role in ensuring the design, placement, and content of billboards comply with electoral regulations. However, the supervision process faces challenges such as limited human resources and inadequate use of technology. In addition, violations often occur due to deliberate actions by candidates or teams, seeking political visibility. This study concludes that strengthening institutional capacity, public awareness, and stricter law enforcement are essential to improve the quality of democratic elections.

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