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TINJAUAN KRIMINOLOGIS TERHADAP KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN SUAMI TERHADAP ISTRI DI DESA TUNBAUN KECAMATAN AMARASI BARAT KABUPATEN KUPANG Fallo, Erasmus Putra Suria; Fallo, Debi F. Ng; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13356

What factors cause domestic violence by husbands against wives in Tunbaun Village, West Amarasi District, Kupang Regency? What are the efforts to deal with cases of domestic violence by husbands against wives in Tunbaun Village, West Amarasi District, Kupang Regency? To find out the factors that cause perpetrators to commit domestic violence in Tunbaun Village, West Amarasi District, Kupang Regency. To find out efforts to deal with perpetrators who commit domestic violence in Tunbaun Village, West Amarasi District, Kupang Regency. Based on the results of research and discussion. As the researcher explained in CHAPTER III previously, it can be concluded: The factors that cause domestic violence are individual factors, economic partners and environmental factors. There are two factors that cause domestic violence, namely internal factors and external factors. Internal factors are factors that concern the personality of the perpetrator of domestic violence. Meanwhile, external factors are factors outside the perpetrator of domestic violence. Such as economic difficulties, infidelity, the environment and so on. Based on the conclusions above, the suggestions that researchers can give are as follows: So that the government carries out outreach to married couples who are prone to cases of domestic violence in each sub-district, either directly or indirectly, and so that each married couple understands religious teachings correctly. , and pay attention to each of their respective obligations.

PENERAPAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS TERHADAP PEREDARAN MEREK MOKE DI KOTA KUPANG Salle Wena, Yohanes De La; Aloysius, Sukardan; Hedewata, Agustinus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13357

Brand is a sign to identify the origin of goods and services (an indication of origin) of a company with the goods and / or services of other companies. Moke is a typical drink from the island of Flores made from siwalan (palm tree) and enau plants. This drink has many names such as sopi, dewe, and moke. But the most familiar and characteristic name of Flores Island is moke. This research is an empirical juridical research, located in Kupang City, The aspects studied in this study are: a) Factors that cause low registration of traditional Moke beverage brands in Kupang City b) Procedures for registering trademark rights of traditional Moke Moke drinks in Kupang City. Data Types and Sources consist of primary and secondary data with data collection techniques, namely by means of interviews and questionnaires, then the data is obtained and analyzed in a qualitative descriptive manner. The main problems in this study are a) What are the factors that cause the low registration of traditional Moke beverage brands in Kupang City? b) What is the procedure for registering trademark rights for traditional moke Moke drinks in Kupang City? The purpose of this study is to determine the factors that cause the low registration of traditional Moke beverage brands in Kupang City and the procedure for registering Moke Moke traditional beverage trademark rights in Kupang City. The results showed that the factors causing the low registration of moke marks in Kupang city were due to the lack of public knowledge about trademark registration, the assumption factor that the mark does not need to be registered, the readiness factor of the community to register its mark, the class determination factor, the expensive factor of trademark registration fees and the assumption that the moke brand liquor is still small and the trademark registration procedure in Kupang city has been regulated in Law No. 20 years 2016 in article 4 of the Trademark Registration Facility Procedure. The trademark registration procedure is very easy and not difficult. Moke brand registration requirements are the first required applicant's personal data, namely name, address, email, cellphone number and the second is needed brand logo or commonly called brand etiquette. After the data is collected, the billing code is printed and paid to the bank, after paying at the bank, it is immediately processed in the application. The advice in this study is that it is expected for producers who own traditional liquor brands to be able to register trademarks with IPR in order to obtain legal protection, so that others cannot misuse existing brands. And it is also expected that the government, especially in this case IPR which handles trademark registration, can socialize the importance of trademark registration, both for these individuals and for others.

TINJAUAN KRIMINOLOGI TERHADAP KEJAHATAN PENCURIAN DENGAN KEKERASAN (STUDI KASUS DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG) Selan, Sari Angelina Ribka; Manafe, Deddy R. CH; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13358

This research uses empirical legal research methods using a case approach. The data sources used are primary, secondary data, and the technical data analysis carried out is descriptive qualitative. The results of this research can be seen that (1). Factors that cause violent theft are: (a). economic factors, (b). environmental factors, (c). Internal factors. (2). The public's reaction to the crime of theft with violence is fear, anxiety, ostracism from society towards the perpetrator, and ridicule. (3). The countermeasures carried out by the Kupang Police are repressive. It is recommended that the public become more familiar with the surrounding environment, especially interactions between fellow citizens and especially people they have just met. Also for the Police and the Government to work together in tackling violent crimes of theft that occur in society so as to create a sense of security and peace for people's lives.

AKIBAT HUKUM BAGI NARAPIDANA YANG MELAKUKAN TINDAK KEJAHATAN DI DALAM LEMBAGA PEMASYARAKATAN KELAS IIA KUPANG SERTA UPAYA PENANGGULANGANNYA Hida, Dian J. A; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13359

The Criminal Code (KUHP) regulates the sanctions that will be received if a crime is committed. Persecution is regulated in Articles 351 to 356 of the Criminal Code. The provisions of these articles regulate ordinary abuse, light abuse, planned abuse, serious abuse, planned serious abuse, and abuse of people of certain qualities as well as abuse in the form of participating in attacks or fights. regarding abuse between prisoners, especially in relation to legal sanctions, the author is interested in studying this matter more by conducting research for writing a thesis entitled "Legal Consequences for Prisoners Who Commit Crimes in the Kupang Class IIA Penitentiary and Efforts to Overcome Them." This research is empirical juridical legal research with the approach method used in this research, namely: (1) Empirical legal research (empirical juridical) (2) This research uses a case approach. The results of this research show that: (1) Every violation of order committed by a prisoner will be resolved first through a mediation process. However, if the impact of the fight results in serious injuries, the prison officers will hand them over to the authorities. The punishments or sanctions given by Prison Officers to Prisoners who violate the provisions of the regulations in force in correctional institutions: Providing warnings or warnings to Prisoners if the violation is considered a minor violation, Throwing each Prisoner whose violation is considered a serious violation into solitary confinement, Does not grant remission or conditional release to any prisoner who has repeatedly committed violations. (2) Efforts to overcome criminal acts in prisons are Preventive Efforts (Socializing Human Rights values, Providing a sense of justice to all prisoners, Increasing Supervision of Correctional Institutions) and Repressive Efforts (imposing sanctions in the form of disciplinary action by placing them in seclusion cells and being quarantined according to the specified time or other sanctions determined by prison regulations.

PERLINDUNGAN HUKUM TERHADAP POTENSI INDIKASI GEOGRAFIS TENUN IKAT AMARASI DI KECAMATAN AMARASI BARAT KABUPATEN KUPANG Hailitik, Gerraldy L; Mauritsius, Darius; Jacob, Yossie M. Y
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13360

East Nusa Tenggara has many kinds of cultural riches, one of which is woven cloth crafts. There are still many areas in East Nusa Tenggara that have not registered woven fabrics to obtain a Geographical Indication certificate, one of which is Amarasi ikat weaving. Amarasi ikat weaving has a variety of different motifs which are implied by various stories, messages of ancestral cultural legends. In this way, it can be seen that there is potential for Amarasi ikat weaving that must be protected. This research aims to determine the legal protection for the potential of Geographical Indications for Amarasi ikat weaving and also to find out the role of local governments in encouraging the potential of Geographical Indications for Amarasi ikat weaving. The research method used is the Empirical Juridical Law research method, which is a type of research that examines law and reality in society. The conclusion of this research is Potential Geographical Indications must be registered as Geographical Indications in accordance with applicable laws and regulations. Because it is constitutive, so to have this certificate, potential Amarasi Ikat Weaving products must be registered through the Directorate General of Intellectual Property. Once registered, legal protection for registered Geographical Indications is preventively regulated in Article 21 paragraph (1) part d and Article 56, and repressively regulated in Article 67, Article 68, Article 69. And The government, in this case the NTT Law and Human Rights Regional Office and the Kupang Regency Disperindagkop, are working together to encourage the potential of Amarasi Ikat Weaving to obtain a Geographical Indication certificate, by establishing a Geographical Indication Protection Society (MPIG), outreach and distribution knowledge related to Geographical Indications and preparing description documents, identifying whether there are still craftsmen who still preserve Amarasi ikat weaving, and supporting these weaving groups by providing facilities and guidance.

ANALISIS FAKTOR PENYEBAB TERHADAP SALAH SATU PIHAK YANG MELAKUKAN KASUS INGKAR JANJI MENIKAH (STUDI KASUS PADA RUMAH PEREMPUAN KUPANG) Simon, Mario Stanic; Usman, Siti Ramlah; Dinata, Husni Kusuma
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13361

Marriage is the behavior of creatures created by God Almighty so that life in the natural world can reproduce. Regarding marriage, it is regulated in Articles 26 to 102 of the Civil Code, where the general provisions in the Civil Code are contained in Article 26 of the Civil Code which reads: "The law views marriage only in terms of civil relations." Starting from these provisions, the Civil Code does not consider the importance of religious elements. The research results show: The factors that cause broken promises to marry are because the family does not support or disapprove of their relationship, the perpetrator is just having fun (not seriously dating), and the perpetrator is afraid of starting a family so they choose to run away or are irresponsible , so that the NGO provides this solution. So far, cases of broken promises to marry have been difficult to bring to legal proceedings because there is no legal payment, so the resolution of cases of broken promises to marry is mostly resolved within the family, in this case the victim asks for compensation in the form of a customary fine. The author's conclusions are: The factors that cause one party to break their promise to marry are that the perpetrator is not ready to get married and the relationship between the perpetrator and the victim is not approved by both parents because the perpetrator and victim are still students. The legal consequences for the party who breaks their promise to marry is that the victim's family asks for responsibility in the form of fines, some in the form of money and animals, because so far cases of broken promises to marry handled by the NGO Kupang Women's House are difficult to bring to legal proceedings because there is no legal payout.

PENGATURAN PENGELOLAAN BARANG MILIK DAERAH DAN HUBUNGANNYA DENGAN PENGURUSAN KENDARAAN DINAS DI KOTA KUPANG Lahal, Josvia Ekomardih; Stefanus, Kotan Y; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13365

The issue of permits for the use of official vehicles is an administrative legal device used by the government to control Civil Servant officials who use official vehicles. The use of official vehicles outside the implementation of official duties can be found clearly during holidays, especially major holidays, even Sundays are often found. in shopping centers, as is often found in Kupang City, but is considered normal without any supervision from the Regional Government. Based on the author's observations, the background of the main problem can be formulated: How are the management of regional property in Kupang City and how are official vehicles managed in Kupang City.To answer this problem, this research was carried out using empirical legal research and the Qualitative Descriptive Analysis Method in accordance with the data obtained while still paying attention to theory, principles and legal rules, so this research is research that originates from primary, secondary and tertiary data using a juridical approach. Empirical Normative. The results of this research show that operational service vehicles are only used for official purposes that support basic tasks and functions, operational service vehicles are limited to use on office work days and operational service vehicles are only used within the city, and use outside the city is excluded with written permission from the head of a government agency or official. assigned according to competency and the provision of official vehicles to officials who receive these official vehicles, namely ASN who have positions from echelon 4, echelon 3 and echelon 2, are given according to their needs and usage when carrying out their work within the scope of Kupang City and there must also be supervision from BPKAD means that the planning expected by management can be fulfilled and run well, because ASNs who like to use official vehicles outside of office hours can be seen from fuel coupons that expire before the specified date and vehicle parts that are damaged before the time, which means there is use. excess of the ASN. The conclusion is the management of regional property in Kupang City, namely: The rules set by the Regional Government of Kupang City regarding the use of official vehicles are clear and there are administrative sanctions, but there are still ASN who still use official vehicles outside office hours.The suggestion is: In its supervision, BPKAD must look regardless of position in following up on violations committed by ASN when using official vehicles outside working hours.

PENGANGKATAN TENAGA HONORER DI KABUPATEN BELU DITINJAU DARI PERATURAN PEMERINTAH NOMOR 43 TAHUN 2007 TENTANG PERUBAHAN PERATURAN PEMERINTAH NOMOR 48 TAHUN 2005 TENTANG PENGANGKATAN TENAGA HONORER MENJADI CALON PEGAWAI NEGERI SIPIL Sulun, Esebius; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13367

The appointment of Honorary Staff is the government's effort to improve the quality of education and welfare, but in its implementation there needs to be evaluation for further program improvements. This article aims to find out how the appointment of honorary staff as civil servant candidates at the Belu Regency Regional Civil Service Agency is viewed from Government Regulation Number 43 of 2007 concerning Amendments to Government Regulation Number 48 of 2005 concerning the Appointment of Honorary Personnel to become Civil Servant Candidates, and aims to find out an overview of the application of good governance principles in the appointment of honorary staff in the Belu Regency Government area. This research uses empirical legal methods, namely methods that function to see law in real terms and examine how law works in the community environment. Based on the research results, the author obtained an answer to the existing problem, that the implementation of Government Regulation Number 43 of 2007 concerning Amendments to Government Regulation Number 48 of 2005 concerning the Appointment of Honorary Personnel as civil servant candidates by the Regional Civil Service Agency of the Belu Regency Government is not optimal, there are still employees honorary employees who have served for a long time but have not yet been appointed as civil servants. Another factor is the lack of good communication between the government and the community regarding information, financing needs, recruitment procedures, selection procedures, determination of graduation and announcement of graduation. Based on these factors, it is hoped that the Belu Regency Government, through the Regional Civil Service Agency, will carry out outreach regarding procedures and information.

TINJAUAN KRIMINOLOGIS TERHADAP TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) YANG TERJADI KELURAHAN ALAK, KECAMATAN ALAK, KOTA KUPANG Bakker, Lex Stevkri; Leo, Rudepel Petrus; Dima Tallo, Daud
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13369

The state of Indonesia is a state of law, constitutionally the statement that Indonesia is a state of law is contained in Article 1 Paragraph (3) of the Constitution of the Republic of Indonesia year 1945 which reads: “the state of Indonesia is a state of law”. With the development of Indonesian society today, the law in Indonesia is also required to be more advanced. It aims to maintain a balance between humans and the rules that govern their behavior. One form of Norm deviation (community disease) that is considered a social problem is trafficking in persons (traiffiking). The issues raised are: (1) What are the factors behind the occurrence of trafficking in persons in Alak Village, District Alak Kupang City? (2) How is the Modus Operandi carried out in Alak Village, Alak District, Kupang City? (3) How are efforts made to prevent the occurrence of trafficking in persons in Alak Village, Alak District, Kupang City? This research is an empirical legal research conducted in the East Nusa Tenggara police. The results of data processing were analyzed descriptively qualitative using inductive method. As well as the provisions contained in the applicable laws and regulations, both contained in the law of the Republic of Indonesia number 21 of 2007 concerning the eradication of trafficking in Persons (PTPPO). The results of this study indicate: (1) The occurrence of trafficking in Persons in the Village of Alak, Alak District, Kupang, ranging from family problems (environment), education and economic needs. (2) the usual Modus operandi of the perpetrator of the crime of trafficking in persons, such as the lure of a large salary, getting a decent job, being placed without a competency test and promised an invalid employment contract but with an offer of a favorable employment contract for the victim. (3) the police have made efforts to prevent the occurrence of trafficking in Persons in Alak Village, Alak District, Kupang city which are preemptive, preventive and repressive.

ANALISIS TANGGUNGJAWAB PENYIDIK POLRI DALAM KASUS SALAH TANGKAP (ERROR IN PERSONA) TERHADAP TERSANGKA PELAKU TINDAK PIDANA Wibowo, Teguh Reksoarto; Pello, Jimmy; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13372

The arrest process carried out by National Police investigators against suspects who are strongly suspected of having committed a criminal act may experience errors or mistakes that originate from human error, namely errors made by investigators in practice in the field. Mistakes in the arrest process have quite big consequences because if these mistakes are not immediately corrected they will continue in the following stages. The aim of this research is to find out what the responsibilities of a National Police investigator are and the legal measures that can be taken by victims of wrongful arrest.The research method used is a Normative law research method where the researcher obtains data via the internet and processes the data in the IMAM CHAMBALI Supreme Court Decision No. 89 PK/PID/2008. The data collection technique uses a case approach and literature study in the form of books, statutory regulations and other materials related to the problem being studied. Data analysis uses qualitative data analysis. The results of this research show that: First, The responsibility of POLRI investigators in the event of an error in person based on the Indonesian Criminal Procedure Law system is contained in Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and the Code of Professional Ethics for the Police of the Republic of Indonesia in the National Police Chief Regulation no. Pol. : 7 of 2006. Second, the legal remedies that can be taken in the event of an error in person by POLRI investigators based on the Indonesian Criminal Procedure Law system are in the form of compensation, rehabilitation and extraordinary legal remedies, namely judicial review. A convict who is serving a sentence from a decision that has legal force still has the opportunity to take extraordinary legal action, namely a judicial review.

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Chatryen M. Dju Bire

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+6285338421918

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petitumlawjournal@undana.ac.id

Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location
Kota kupang,

Nusa tenggara timur

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Chatryen M. Dju Bire

Contact Email petitumlawjournal@undana.ac.id

Phone +6285338421918

Journal Mail Official petitumlawjournal@undana.ac.id

Editorial Address Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location Kota kupang, Nusa tenggara timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Chatryen M. Dju Bire

Contact Email
petitumlawjournal@undana.ac.id

Phone
+6285338421918

Journal Mail Official
petitumlawjournal@undana.ac.id

Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location
Kota kupang,

Nusa tenggara timur

INDONESIA