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KEDUDUKAN ANAK LUAR KAWIN (BUI PA KEPUE) MENURUT HUKUM ADAT SABU DI KECAMATAN SABU TIMUR, KABUPATEN SABU-RAIJUA Soruh, Dewiner E. C; Hedewata, Agustinus; Mauritsius, Darius
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.v1i1.13373

The position of children out of wedlock is governed by various legal backgrounds one of them is customary law. In a community or tribal group, there is certainly an unwritten law or what is called customary law. One of them is the Sabu-Raijua District, East Nusa Tenggara Province. Thus the tribe has regulations or customary laws governing children out of wedlock that apply in the tribe. The main problem in this thesis are: (1) What is the position of children out of wedlock (bui pa kepue) according to Sabu customary law in East Sabu Sub-district, Sabu-Raijua District? (2) How is the implementation of the mother for children out of wedlock (bui pa kepue) according to gray customary law? This research is an empirical legal research carried out in Kudjiratu village,east Sabu Sub-district, Sabu-Raijua Distric. This research uses primary data and secondary data. Data collection techniques using interview techniques, document, observation. Data was analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen: (1) Based on the results of interviews with the customary head in kudjiratu village that the position of children out of wedlock (bui pa kepue) according to the customary law of Sabu in East Sabu Sub-district is considered special and different from children out of wedlock in general because the child (bui pa kepue) is considered the direct child in the family or the youngest child, the position is equal to that of the son of his mother’s brother. (2) The implementation of the mother’s responsibility for children out of wedlock (bui pa kepue) is that the mother’s family is appointed as the child of the mother’s parents so that the full responsibility is borne by the mother and her family.

ANALISIS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 3/G/2022/PTUN/KUPANG TENTANG PENGANGKATAN KEPALA DUSUN 1 DI DESA TANAH MERAH KABUPATEN KUPANG Liong, Hironimus; 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.v1i1.13409

The village already has an established institutional structure that is respected and preserved by the village community . Village officials carry out public services that have duties and responsibilities towards serving the community, and assisting the Village Head in carrying out their duties. Village apparatus, in this case the Head of Hamlet I filed a lawsuit against the Head of Tanah Merah Village, that the Head of Hamlet I Meryati Astriana Djami was unilaterally aborted by the Village Head in Tanah Merah Village, Kupang Tengah District, to the Kupang State Administrative Court. Then the main problem can be formulated: (1) What is the mechanism for selecting and appointing hamlet heads in Kupang Regency based on laws and regulations? (2) What is the basis for the judge's consideration of the dismissal of the Candidate for Hamlet Head I of Tanah Merah Village, Kupang Regency based on Law Number 6 of 2014 concerning Villages? This research is a normative juridical research because it was conceptualized and developed by examining the rules, norms, rules related to the problem under study. The research results show that: (1) The mechanism for selecting and appointing hamlet heads in Kupang Regency is carried out based on Kupang Regent Regulation Number 5 of 2021 concerning Procedures for Appointing and Inaugurating Village Officials . (2) panel of judges No foundit error procedure in accordance with mandate the law Law on Government Administration as amended by Law Law Number 11 of 2020 concerning Job Creation . Therefore, suggestions regarding the results of this study are: (1) The mechanism for selecting and appointing hamlet heads in Kupang Regency needsto be socialized comprehensively to the entire election team. (2) The need for a family approach in solving this problem.

TINJAUAN KRIMINOLOGIS TERHADAP KEJAHATAN PENCURIAN HANDPHONE DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG KOTA (STUDI KASUS TAHUN 2020 SAMPAI 2022) Merukh, Jems; Tallo, Daud Dima; 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.v1i1.13442

Recently in the city of Kupang there are often cases of theft of handphone which greatly disturb the security and public order in the city of Kupang. Therefore, according to the author, it is necessary to take countermeasures. This countermeasure effort is the responsibility of the Kupang City Police because their duties are law enforcement and maintaining order. The purpose of writing this thesis is to find out the factors that cause someone to steal a handphone in the Kupang City Police District Law area and to find out the efforts of the Police in tackling handphone theft in the Kupang City Police District Law area. The research method used is empirical juridical research, namely examining events in the field related to handphone theft, the factors that cause someone to steal a handphone in the Kupang City Police Legal area and the Police's efforts in tackling handphone theft in the Kupang City Police Law area with techniques interviews with members of the police and then the results of the interviews were analyzed qualitatively. The results of the study concluded: The factors of the occurrence of the crime of handphone theft in Kupang City are economic factors, environmental factors and victim negligence factors. As well as the efforts made by the Kupang City Police, namely pre-emptive, preventive and repressive efforts, and it is hoped that the Kupang City government will pay more attention to the welfare of the community by providing employment opportunities, it is hoped that there will be cooperation from the Kupang City Police and the community, increasing the effectiveness of Bhabinkamtibmas, and it is hoped that the Kupang City Police will increase the effectiveness of the disclosure of handphone theft cases.

TINJAUAN KRIMINOLOGIS TERHADAP PEMBUNUHAN ANAK OLEH PELAKU ORANG DENGAN GANGGUAN JIWA SECARA PERIODIK DI DESA NIRANGKLIUNG KABUPATEN SIKKA Anan, Maria Kasia; 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.v1i1.13443

The murder case was carried out by the accused Alosius Lada committing the murder of his nephew Veronika Viance. The main issue in this study is: (1) Are the factors causing the occurrence of murder of children by perpetrators of persons with mental disorders periodically in the village of Nirangkliung, Sikka district? (2) Can a person with a mental disorder committing murder be charged with criminal responsibility? (3) How did the police attempt to persecute the perpetrator of the murder of a child by a person with a mental disorder periodically in the village of Nirangkliung, Sikka district?. This research is empirical law research, which studies and analyzes data obtained from the research site. This research was conducted at the Resor Sikka police. Data processing was done with data obtained from both primary and secondary data and analyzed descriptively-qualitatively. The results of this study show that: (1) The causes of murder of children by perpetrators of people with mental disorders periodically include internal and external factors. Internal factors include revenge, mental/psychological disorder, emotional, and misunderstanding. External factors include environmental influences, and economic factors. (2) Criminal responsibility for the perpetrator of murder by a person with a mental disorder periodically covers Article 44 Paragraph (1) of the Covenant which reads: "Anyone who commits an act that is unacceptable to him because his soul is deficient in growth or disturbed by disease shall not be punished. (3) The attempt by the police to denounce the perpetrator of the murder of a child by a person with a mental disorder periodically constitutes a repressive attempt. In this case, the author suggests that such facilities and facilities as a psychiatric hospital in particular in Kabuparen Sikka are urgently needed. For the health service it is advised to give more socialization to the public about the dangers of a person with a mental disorder wandering in a community settlement.

KEDUDUKAN ISTRI DALAM RUMAH TANGGA DI TINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (STUDI KASUS DI DESA WEWIT KECAMATAN ADONARA TENGAH) Amir, Ariyansa; Hedewata, Agustinus; Pello, Helsina Fransiska
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.v1i1.13444

This research aims to find out how the wife's position in the household in Wewit Village, Central Adonara District, in terms of Law Number 1 of 1974 concerning Marriage and what are the legal consequences of the position of the wife's rights and obligations in the household in Wewit Village, Adonara District Currently being reviewed is Law Number 1 of 1974 concerning marriage. The research method used by researchers is a type of empirical research, namely research carried out directly in the field, namely by engaging directly with participants, which is related to the formulation of the research problem being studied. The data sources used are the legal sources and materials used are primary legal materials and secondary legal materials. The results of the research show that 1) the position of the wife in the tanges household is equal or balanced with the husband, the rights and obligations of the wife in the household are to earn a living physically and mentally, take care of the household as well as possible, get a dowry, have the right to good treatment from her husband, obey husband's orders and serves the husband's biological needs. 2) the legal consequences of the position of the wife's rights and obligations in the household, namely that the husband may file for divorce (one) if the wife's rights and obligations are not carried out in the household and vice versa, the wife can also file a divorce suit against the husband if the husband does not carry out his rights and obligations properly. Good. The husband must give a warning (tauji) to the wife to immediately change her attitude in carrying out her duties as a wife in the household.

PENGATURAN KUOTA 30% PEREMPUAN DALAM PEMILIHAN LEGISLATIF DAN IMPLEMENTASINYA TAHUN 2014 DAN 2019 DI KABUPATEN NGADA Nono, Maria Melaniyano Ngadha; Stefanus, Kotan Y; Tuba Helan, Yohanes G
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.v1i1.13445

Setting a 30% quota for women's representation in legislative elections is one of the affirmative action policies implemented in Indonesia. The aim of this policy is to increase women in the political sphere and eliminate discrimination against women. Even though there are regulations that support women's political rights, the quota for women in legislative seats is not fulfilled. Currently, the reality in Ngada Regency is that women's representation in the legislature is still very low. The problems in the thesis are; (1) Does setting a 30% quota for women in general elections support the development of Human Rights? (2) How is the 30% quota for women implemented in the 2014 and 2019 legislative general elections in Ngada Regency? This research is legal research of a juridical nature supported by empirical legal research where the data is obtained directly from the research location while still paying attention to the implementation of positive legal provisions and factual contact with each particular legal event that occurs in society and using qualitative descriptive juridical analysis. Data collection used interview guidelines conducted with 9 sources. The results of this research show that: (1) Setting a 30% quota for women in general elections really supports the development of human rights more specifically for women's political rights. (2) Implementation of the 30% quota arrangement for women's representation in the political realm in Ngada Regency is still limited to nominations, not extending to legislative members in Ngada Regency. This is caused by several things, starting from women themselves, regulations issued by the government, to the views and culture of the people of Ngada district.

PARTISIPASI MASYARAKAT DALAM PROSES PEMBENTUKAN PERATURAN DESA DI KECAMATAN NAGAWUTUNG KABUPATEN LEMBATA Kalang, Thomas Boli; 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.v1i1.13498

Paticipation is a person’s involvement or participation mentally, thoughts, emotions or feelings that encourage him to contribute to achieving a common goal. However, in Nagawutung Districh there are still several villages where the people do not realize the importance pf their participation, and choose not to participatein in all activities in the village, especially participation in the process of forming of village regulations. Normative juridical method research is supported by empirical juridical reseach, namely: normative legal researchers whose legal rules are closely related to objects in a society which are then supported by the addition of empirical legal data. The results of the research show that community participation in five villages in Nagawutung district is very high,where at (1) the planning stage, only two villages had a large community, the while the other three villages did not participate, (2) at the discussion stage, it was found that only two villages had sufficient community participation. While the other three villages have quite low participation. In the formation of village regulations, three are several factors that hider the community. The inhibiting factors in these five villages are then divided into: internal factors and external factors. Internal factors include: level per type of work, and external factors are leadership.Based on the research results, it can be concluded that: The level of community participation in the five (5) very different villages in Nagawutung district will then determine different impacts on the resulting village regulation (perdes) products. So there are villages in Nagawutung district whose village regulation are comprehensive and well planned, and there are still vilages which are not yet comprehensive and not well planned, because there are still villages which are aware of the importance of participation even though some other villages are still not aware of participation ini developing their villagea. Through the establishment of village regulations.

PELAKSANAAN FUNGSI PENGAWASAN BADAN PERMUSYAWARATAN DESA TERHADAP PENGELOLAAN DANA DESA TAHUN ANGGARAN 2020 DI DESA WEULUN KECAMATAN WEWIKU KABUPATEN MALAKA Bria, Frederikus Dion; Monteiro, Yosef M; 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.v1i1.13465

The problem that occurred in Weulun Village was that the Weulun Village Head was not transparent regarding the management of village funds so that the Weulun Village Head was reported by the residents to the Malaka Regency DPRD office. This can be proven by one of the residents of D Weulun who stated that the Village Head was considered not transparent and everything was done internally without involving community members so that Weulun Village resident reported it to the Malaka Regency DPRD office. As for BPD supervision of the village heads performance in managing Yanuarius Tae Seran village in the 2020 Fiscal Year. This research is empirical research, namely research carried out in connection with direct data collection in the field. This research was conducted in weulun Village and the Malaka Regency DPRD Oficce. Data processing was carried out using data obtained from both primary data and secondary data and analyzed descriptively-qualit atively.The results of this research show that (1) the performance of the village head in managing village funds is not in accordance with the applicable law, namely it is not transparent, open and accountable, the BPD in monitoring the performance of the village head regarding village funds is optimal, the supervision carried out is in accordance wit the law. Applicable law. In this research, the author suggests that the selection of village heads must be in accordance with the criteria, knowledge, education (2) factors that hinder the BPD in supervising the management of village funds related to the performance of village heads including human resources, infranstructure and communication. In this research the author suggests that the selection of village heads must be in accordance with criteria, knowledge and education.

IMPLENTASI FUNGSI PENGAWASAN DPRD KABUPATEN TIMOR TENGAH UTARA PERIODE 2019-2024 TERHADAP PELAKSANAAN PERATURAN DAERAH KABUPATEN TIMOR TENGAH UTARA MENURUT UNDANG-UNDANG NO 23 TAHUN 2014 TENTANG PEMERINTAH DAERAH T'ek, Aloysius Gonzaga; Yohanes, Saryono; Udju, Hernimus Ratu
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.v1i1.13488

The problems in this research are (1) To what extent is the implementation of the North Central Timor Regency DPRD's supervisory function for the 2019-2024 period regarding the implementation of North Central Timor Regency Regional Regulations according to Law Number 23 of 2014 concerning Regional Government (2) What are the factors inhibiting the supervisory function? North Central Timor Regency DPRD for the 2019-2024 Period Regarding the Implementation of North Central Timor Regency Regional Regulations According to Law Number 23 of 2014 concerning Regional Government.The research method uses empirical legal research. Aspects of the research include the rights of the DPRD in carrying out supervisory functions and the factors that inhibit the DPRD of North Central Timor Regency in implementing the Regional Regulations of North Central Timor Regency according to Law No. 23 of 2014 concerning Regional Government. The approach method uses a conceptual approach and a sociological approach. The types and sources of data for this research are primary data and secondary data. Respondents in this research were the Chair of the DPRD of North Central Timor Regency, members of the DPRD and the Secretary of the Council. Data collection techniques include interviews and observations. Data processing takes the form of data checking, data systematics and data tabulation. Data analysis was carried out in a qualitative descriptive juridical manner.he results of the research and discussion show that the implementation of the DPRD's supervisory function regarding the implementation of Regional Regulations in North Central Timor Regency has not been implemented optimally. Factors that influence the DPRD's supervisory function regarding the implementation of Regional Regulations consist of internal factors including the level of formal education of DPRD members generally in the secondary or high school education category so that it does not support the effective implementation of supervision because the average level of education of regional government officials is higher, namely Master's level. Meanwhile, development activities for council members through strengthening informal education and work experience of DPRD members are not sufficient to support the human resources of DPRD members in carrying out supervisory functions.

IMPLEMENTASI PERATURAN MENTERI AGRARIA DAN TATA RUANG/KEPALA BPN NOMOR 6 TAHUN 2018 TENTANG PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DALAM UPAYA DALAM UPAYA MENCEGAH SENGKETA PERTANAHAN DI KABUPATEN ENDE Sepal, Yohan Yoan; Aloysius, Sukardan; Hedewata, Agus
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.v1i1.13489

Abstract: Abstracts The main problem with PTSL that occurs in Ende Regency is the difficulty of finding village/sub-district areas that are willing to have their land plots legalized. This happens because the majority of Mosalaki refuse to make their area a PTSL object, even though the local village/sub-district government agrees. This research is a type of empirical legal research in which the data is obtained directly from the field or research location. This research uses interview guidelines from several data sources and is analyzed descriptively. The results of this research show that indigenous communities have the existence of legal unity, unity of authority and territorial unity which is recognized by the regional government. The existence of the authority of traditional leaders makes it a challenge for most villages in Ende Regency to still have Mosalaki. Mosalaki, as a symbol of the existence of traditional communities, is responsible for carrying out traditional authority over rituals and control of traditional lands. Therefore, in implementing PTSL, the Ende Regency Land Office is obliged to consult with Mosalaki to obtain support and approval for the area to be designated as a PTSL location. The difficulty in obtaining Mosalaki's approval is a major inhibiting factor in PTSL activities from village to village. Concerns about the release of land ownership from members of the traditional community to other people as well as the disorderly methods of members of the traditional community regarding customary provisions after land certification became Mosalaki's basis for rejecting the location of PTSL in his territory.

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Chatryen M. Dju Bire

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petitumlawjournal@undana.ac.id

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

Location
Kota kupang,

Nusa tenggara timur

INDONESIA

Abstract

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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

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Abstract

Abstract

Abstract

Abstract

Abstract

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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