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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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DINAMIKA TUNTUTAN BSELIS SAAT PERKAWINAN DAN DAMPAK HUKUM NYA DALAM MASYARAKAT DI DUSUN OENOH DESA OEBAFOK KECAMATAN ROTE BARAT DAYA KABUPATEN ROTE NDAO Ndun, Yoran Viktor; Hedewata, Agustinus; Aloysius, Sukardan
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.v1i1.13510

Abstract

The dynamics of belis demands during marriage in the community in Oen oh Hamlet. Oebafok Village, Rote Ndao Sub-district, that is, that in ancient times if the belis did not comply with the agreement then the marriage or marriage was annulled. If it is completed according to the agreement of the two extended families or the two families who will carry out the marriage, the marriage will take place. But in this day and age there began to be a world of education, and slowly the community has begun to understand and no longer want to burden their children, so there are no longer demands when something is not in accordance with the agreement then there is only a discussion between the two families concerned. So there are no more fines or dynamics on belis demands that often occur. This research is an empirical legal research method with direct data collection techniques at the research site and conducting interviews with four respondents. The data were analyzed in a qualitative descriptive manner.The results of this study show that: (1) In ancient times if the belis was not in accordance with the agreement then the marriage was annulled. If it is completed according to the agreement of the two extended families, the marriage takes place. (2) If you do not meet the belis, you will be subject to a fine in the form of Mai, which means that one Mai has a nominal value of five million, but it can be one Mai valued at two million hundred or it can also go down based on the results of discussions between the two families.
PERTANGGUNGJAWABAN PIDANA ANAK TERHADAP KASUS PEMBUNUHAN YANG DILAKUAN TERHADAP IBU KANDUNG DI WILAYAH HUKUM PENGADILAN NEGERI ATAMBUA, KABUPATEN BELU (STUDI TERHADAP PUTUSAN NOMOR:3/PID.SUS/2019/PN.ATB) Asa, Rynaldo Jonathan Belka Asoli; Amalo, Heryanto; Kian, Darius A
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.v1i1.13511

Abstract

A criminal case of murder committed by a child against the biological mother which occurred in Manu Mutin Sub-district, Atambua City Sub-district, Belu district. The researcher formulated two main problems, namely, what is the criminal responsibility of chidren who commit the crime of mudering their biological monther in the jurisdiction of the Atambua District Court, Belu Regebcy? And what are the efforts to deal with cases of chid murder of biological mother in Manu Mutin sub-district, Atambua City sub-district, Belu district?. From the result of the research, a conclusion was made abaout criminal responsibility by testing the ability to be responsible where the child was aware of his actions and in the trial no justification or excuse was faound and in proving guilt it was seen from the elements of the act and the element of intent and the countermeasures applied were penal efforts where the child was sentenced. Improsonment and job training in kupang children’s prison as well as charging children court costs. The next effort is a non-penal effort through a legal education program related to juvenile crime. So the suggestions rposed regarding criminal responsibility for children must pay more attention to the provisions set out in law number 11 of 2012 and law enforcers play an active and increased role in carrying out educational outreach to te general public.
UPAYA DAN HAMBATAN PEMENUHAN HAK DAN KEWAJIBAN PESERTA BPJS KETENAGAKERJAAN DI DESA OESENA, KECAMATAN MIOMAFFO TIMUR, KABUPATEN TIMOR TENGAH UTARA Ketmoen, Hendrikus Natanael; Aloysius, Sukardan; 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.v1i1.13520

Abstract

BPJS Ketenagakerjaan participants who are workers are entitled to legal protection, because it is included in the National Social Security System and is a state program with the aim of providing certainty of protection and social welfare for all Indonesian people. Legal protection has the purpose of providing protection to human rights that are harmed by other individuals. Legal protection is a variety of legal efforts that must be given by law enforcement officers in order to form a sense of security, either physically or mentally from various threats from any party and given to the community so that they can enjoy all the rights granted by law. This study is included in Empirical Legal Research is a method of legal research that seeks to see the law in a real sense or can be said to see, examine how the law works in society, which then uses a research approach, a type of qualitative approach. Efforts to overcome the fulfillment of the rights and obligations of BPJS Ketenagakerjaan participants and obstacles in the fulfillment of the rights and obligations of BPJS ketenagakerjaan participants. The results showed that: (1) in Oesena Village, efforts to fulfill the rights and obligations of BPJS Ketenagakerjaan participants have been implemented but not maximally in accordance with the vision and mission of BPJS Ketenagakerjaan, this can be seen from the difficulty of the BPJS Ketenagerjaan claim process for work accident insurance. Then, the disbursement of Old-Age Security for participants who die or experience permanent disability should be able to take place more quickly because it is urgent, and many participants do not understand their rights as BPJS Ketenagakerjaan participants due to lack of socialization. (2) There are several factors that become obstacles in fulfilling the rights and obligations of BPJS Ketenagakerjaan participants, namely internal factors and external factors.
PEMILIHAN KEPALA DESA SECARA SERENTAK DAN HUBUNGANNYA DENGAN DEMOKRASI (STUDI TERHADAP PEMILIHAN KEPALA DESA PRAIBAKUL DAN MBATAPUHU, KECAMATAN HAHARU, KABUPATEN SUMBA TIMUR TAHUN 2021) Kaka, Imanuel; Yohanes, Saryono; Tupen, Rafael R
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.v1i1.13524

Abstract

Regional autonomy is an example of a government system chosen by the central government in order to get closer to the community in development in order to achieve the state's goals. Talking about regional autonomy, or the division of work tasks by the central government to regional governments, one of the many concrete examples can be seen from the existence of Law Number 6 of 2014 concerning Villages, as Villages are defined as legal community units that have territorial boundaries and authority. to regulate, manage the government, the interests of local communities based on community initiatives, original rights, and/or traditional rights that are recognized and respected in the government system of the unitary state of the Republic of Indonesia. This research is normative legal research, namely legal research carried out by examining library materials or secondary data. Apart from that, empirical juridical legal research methods are also carried out, namely research methods that review the function of a law or rule in terms of its application in the scope of society. The results of this research show: (1) In the context of simultaneous general elections for village heads, there are several ways in which the relationship with democracy can be explained, namely: (a) People's Empowerment: Simultaneous general elections for village heads enable the active participation of village residents in village head elections them, (b) Free and Secret Choice: In simultaneous village head elections, village residents have the freedom to choose village head candidates according to their wishes, (c) Accountability and Transparency: Simultaneous village head elections also contribute to accountability and transparency in village government, and (d) Leadership Legitimacy: Simultaneous village head elections provide legitimacy to the elected leaders. (2) The mechanism and process for selecting Village Heads and their relationship with Democracy in Praibakul and Mbatapuhu Villages with the mechanism for simultaneous village head elections which are still relatively new, simultaneous village head elections are carried out in a small number of areas, which with the existence of the Village Law can regulate matters related to the election of village heads in more detail. For example, related to the issue of village election funds, which currently in accordance with the provisions of the law come from district and city APBD funds, which is different from previously where village election funds came from the villages holding the village elections.
PELAKSANAAN KEWENANGAN UPT PENGAWAS DAN SERTIFIKASI BENIH PROVINSI NUSA TENGGARA TIMUR TERHADAP BENIH BINA DAN HORTIKULTURA DITINJAU DARI PERATURAN MENTERI NOMOR 12 TAHUN 2018 TENTANG PRODUKSI, SERTIFIKASI DAN PEREDARAN BENIH BINA TANAMAN Saleh, Saptian Haryanto Muhammad; Tupen, Rafael R; 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.v1i1.13537

Abstract

Thus, the seed problem in East Nusa Tenggara Province is not only related to the ability to provide quality seeds in sufficient quantities, but also related to the problem of falsification of seeds in circulation to meet the needs of seeds for farmers. This research uses juridical-empirical research methods, namely research whose data is directly obtained from the research location of the respondent (resource person). The results of this study indicate that: (1) The implementation of the authority of the technical implementation unit of supervision and Certification of Bina Seeds in East Nusa Tenggara Province is not so good because there are still in certain districts / cities in East Nusa Tenggara there is circulation and marketing of Bina Seeds and Certified Horticulture carried out by the Technical Implementation Unit based on legal legality. (2) Factors that inhibit the Implementation of the Authority of the Technical Implementation Unit of Supervision and Certification of Seeds of East Nusa Tenggara Province on Bina and Horticultural Seeds are internal factors in the form of rules, human resources, technology / infrastructure and lack of supervision and external factors in the form of socio-cultural conditions, (3) Efforts to Protect and Empower Farmers in East Nusa Tenggara so far have not been supported by comprehensive, systemic, and holistic legislation, so as to provide less assurance of legal certainty and justice for Farmers and Business Actors in the field of Agriculture. The existing laws are still partial and do not regulate protection and empowerment efforts in a clear, firm, and complete manner. Seed Distribution in East Nusa Tenggara Province has not been in accordance with the applicable rules, namely Law Number 13 Year 2010 on Horticulture in Chapter XII Article 117 on Supervision, Supervision is carried out in order to ensure the quality of facilities and / or horticultural products in accordance with established quality standards and to overcome various negative impacts that are detrimental to the wider community.Supervision as referred to in paragraph (1) is carried out in stages by the Government, provincial government, and district / city government in accordance with their authority by involving community participation.
FAKTOR PENYEBAB, FAKTOR PENGHAMBAT, DAN UPAYA PENANGGULANGAN TERHADAP TINDAK PIDANA PERJUDIAN SABUNG AYAM DI WILAYAH HUKUM KEPOLISIAN RESORT KUPANG KOTA Saekoko, Imri S; Leo, Rudepel Petrus; 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.v1i1.13553

Abstract

The crime of gambling is a form of crime known as a victimless crime because usually the relationship between the perpetrator and the victim does not show any consequences. And as a result of that, the perpetrator feels comfortable with the crime he has committed. At this time, the existence of cockfighting gambling is rife and even the impact is very detrimental to society both from an economic and spiritual perspective. Then the main problems can be formulated (1) What factors are the causes of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. (2) What factors hinder the Police in eradicating the crime of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. (3) What are the efforts of the Police in overcoming the criminal act of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. Based on the results of research conducted by the author, it is known: (1) The factors that cause cockfighting gambling are environmental factors, local customs or cultural factors, weak factors in implementing religion, economic factors, weak law enforcement factors. (2)The factors that hinder the police in eradicating gambling crimes are internal factors and external factors. (3) Efforts to deal with the crime of cockfighting gambling in Kupang City are preventive and repressive efforts (investigation and arrest of perpetrators).
HAK ASUH ANAK DIBAWAH UMUR MENURUT ADAT LEWA DiKABUPATEN SUMBA TIMUR (STUDI KASUS DI DESA KONDAMARA KECAMATAN LEWA KABUPATEN SUMBA TIMUR) Laos, Gerald Yustenlye Khamtry; 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.v1i1.13563

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. In marriage, a man and woman form a bond that leads to the formation of an ideal family with the goal of living together forever. This research uses empirical juridical legal research methods, carried out by collecting data consisting of interviews, direct data collection from the research location, and document study. The data collected was processed and analyzed using qualitative research methods. Based on the research results, it can be concluded that, (1) Factors inhibiting the distribution of child custody. Marriage factors in society are very influential in terms of the distribution of child custody rights, and cultural factors. (2) The process of dividing child custody is not solely based on who has the most rights, but what must be seen and prioritized is the best interests of the child.
FUNGSI PEMERINTAH KOTA KUPANG DALAM PENATAAN PEDAGANG KAKI LIMA Matau, Charol Primus; 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.v1i1.13600

Abstract

This research was motivated by the non-realization of Government Regulation Number 34 of 2006 concerning Roads. The existence of these street vendors causes various problems. Thus, the government started to regulate street vendors based on Government Regulation Number 34 of 2006. The formulation of the problem in this research is the function of the Kupang City Government in managing street vendors in terms of Government Regulation Number 34 of 2006 concerning roads on El Tari Road, Kupang. This research was conducted in Kupang City. The data sources in this research are both primary and secondary, which are then analyzed using qualitative descriptive analysis. This research shows that the arrangement of street vendors based on Government Regulation Number 34 of 2006 concerning Roads has yet to be fully implemented by the government. In terms of regulation, the government has implemented regional regulations. However, many traders still need to comply with the regulations due to the need for government action to regulate street vendors.
FAKTOR PENYEBAB APARAT KEPOLISIAN TIDAK MENINDAK TEGAS SERTA UPAYA PENANGGULANGAN EKSPLOITASI ANAK OLEH ORANG TUA MENJADI PENJUAL MAKANAN DAN KORAN DI LAMPU MERAH ELTARI KOTA KUPANG Pono, Yohanis Soni; 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.v1i1.13611

Abstract

A child is a gift given by God Almighty from birth which has inherent dignity and worth as a human being which cannot be separated, increased or reduced. Children are also the next generation of the nation and have a role in ensuring the future progress of the nation and state. This research is empirical legal research carried out in Kupang City. Data collection techniques use interview and observation techniques. The data used are primary and secondary data. This research was conducted at the Kupang City and Eltari Police. The results of data processing were analyzed descriptively qualitatively. The results of this research show: (1) The police do not take firm action against parents who exploit children due to four factors, namely, legal factors, law enforcement factors, facility factors, and community factors. (2) Police efforts to exploit children by parents consist of pre-emptive efforts, preventive efforts and repressive efforts.
PENGATURAN HUKUM PENENTUAN UANG AIR SUSU IBU DALAM PERKAWINAN ADAT TERANG KAMPUNG DI DESA OEMASI KECAMATAN NEKAMESE KABUPATEN KUPANG Boy Mau, Deny; Pekuwali, Umbu Lily; Tubahelan, 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.v1i1.13631

Abstract

The existence of variations in determining the dowry in Terang Kampung traditional marriages in Oemasi Village is one of the socio-cultural issues in Oemasi Village, Nekamese District, Kupang Regency. This research aims were to describe the reasons for providing dowry as part of the traditional marriage system, to explore the basic reasons for determining level of dowry, and to explain the implementation of dowry payments in this community. This research applied empirical legal research methods (Empirical Legal Research) with the population were 226 of all the heads of families in Oemasi Village, and 23 of them were selected purposively as sample. The informants in this research were 5 people consisting of the village head, the head of hamlet, village representative body and local traditional elders. Data were analyzed using quantitative and qualitative descriptive methods. The research results indicated that the reason the practice of giving dowry is still implemented in Oemasi Village is because it is part of cultural preservation and respect for parents. The basic principles for determining the price of the dowry are first, the marriage history of the prospective bride's biological mother, the cost of conducting the party as well as the education and employment level of the prospective bride. Furthermore, the traditional marriage system in Oemasi Village consists of 3 stages, namely the first stage is called Lipa Oko or Oko Lipa (Introduction or recognition stages) the second stage is called Puah Manus (Hallf of dowry) and the third stage is called Noni Bijael (Full of dowry). However, not all respondents have completed the three stages of traditional marriage with the main reason is related to economic factors. Therefore, this research recommends that there is a need for deliberation at the village level to find a proper solution regarding the problem of variations in the amount of dowry in Terang Kampung Village Traditional Marriages in Oemasi Village.

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