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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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RESPON PARA PENEGAK HUKUM TERHADAP PELAKU PERAMBAHAN HUTAN KONSERVASI ALAM LOK PAHAR DI KABUPATEN MANGGARAI TIMUR Rola, Yustina; Pello, Jimmy; Medan, Karolus Kopong
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.v1i1.13634

Abstract

Constitution Number 18 of 2013 concerning Prevention And eradication destruction Affirmed forest in Article 3 and Act Number 41 of 1999 concerning Deep forestry Article 50 paragraph 3 letter (b) and Article 78 paragraph 2 which is Wrong One threatened act criminal However Constitution This has revoked and changed with Act Number 18 of 2013. Objective Research 1. Explain background factors public in the district manggarai east do action encroachment forest conservation natural lock thigh ; 2, explained about PPNS response to perpetrator encroachment forest conservation natural lock fee in the district manggarai east. Which factor background happening encroachment forest conserve natural lock understand is income from activity particular , education (knowledge about law ), weakness guard forest And lightness law (control law), many request will wood . Response from PPNS against affluent society results forest on forest conservation natural based on results study to PPNS performance yet effective Because Not yet There is response Serious from PPNS regarding area growing forest bad. Conclusion from study This is underlying factors happening action browsing forest conservation natural that is income from activity particular, education (knowledge about law), weakness guard forest And lightness law (control law), many request will wood. Response from PPNS against affluent society results forest on forest conservation natural based on results study to PPNS performance yet effective Because Not yet There is response Serious from PPNS regarding area growing forest bad. Advice given writer is should minimize existing encroachment, control from government district, BBKSDA NTT, more often supervise forest conservation natural Lok Pahar, preferably government local more often stage socialization about necessity guard existing forest.
AKIBAT HUKUM KETERLAMBATAN MENDAFTARKAN AKTA KELAHIRAN ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 23 TAHUN 2003 TENTANG PERLINDUNGAN ANAK DAN PEREMPUAN (STUDI KASUS DINAS KEPENDUDUKAN DAN CATATAN SIPIL KABUPATEN FLORES TIMUR) Hotan, Max Erwin Grandi; Aloysius, Sukardan; 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.v1i1.13675

Abstract

The state of Indonesia, which is a state of law, should have a society that is aware of the law. One form of awareness of the Indonesian people towards the law is to realize how important and necessary it is for someone to have written evidence in determining the status of that person for events or events that always exist. in the course of human life, among others; marriage events, birth events, child recognition or legalization events, divorce events and by registering the event or incident at the Civil Registry Institution in the form of a Civil Registry Deed. This is in accordance with the law in the Decree of the Minister of Home Affairs Number 54 of 1999 concerning Guidelines for the Implementation of Population Registration in articles 3 and 5 which essentially states that every resident and temporary resident is obliged to register and register every event of birth, marriage, divorce and death listed in the Deed of Population Registration. The formulation of the problem that will be examined by the author is (1) What are the legal consequences if someone is late in registering a birth certificate in terms of Law No. 23 of 2003. (2) What is the proper procedure in registering a birth certificate for those who are too late to register according to Law No. 23 of 2003. This study uses an empirical juridical method, namely research whose data is obtained directly from interviews with respondents in the research field to investigate the legal reality that exists in social life. Data processing techniques using editing, coding and tabulating techniques. The respondents were the Head of the East Flores Regency Dispenduk, Civil Registration Service Division, People who were Late in Registering a Birth Certificate. and data analysis techniques using descriptive qualitative analysis. The results of the study show: (1) Legal Consequences If Someone is Late in Registering a Birth Certificate In terms of Law No. 23 of 2003, the ADMINDUK Act if there is a delay in registering a child's birth certificate is usually subject to sanctions. (2) Appropriate Procedures in Registering Birth Certificates for those who are late in registering according to Law No. 23 of 2003. Applicants enter data, birth form data filled in from the village, original birth information from the hospital or from the village, and even then giving birth at home.
PELAKSANAAN TANGGUNGJAWAB PENGURUS KOPERASI TERHADAP PINJAMAN ANGGOTA DAN FAKTOR YANG MEMPENGARUHI DITINJAU DARI UNDANG-UNDANG NOMOR 17 TAHUN 2012 TENTANG PERKOPERASIAN PADA KSP KOPDIT PINTU AIR CABANG KUPANG Lasibey, Misye Liliyani; Usman, Siti Ramlah; Pello, Helsina F
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.v1i1.13676

Abstract

Cooperatives are one form of economic organization that is getting government attention. A cooperative is an incorporated organization. Cooperative development in Indonesia is part of the overall national development effort. The benefits of this research are: 1) Theoretically, this research can bring new vehicles in building insights in the academic scope as well as a stage of enrichment on theories and for further research can be used as a reference for similar research as information material for cooperative administrators in carrying out their responsibilities. 2) As information material for cooperative members to find out obstacles in the implementation of management responsibilities. The results of this study show that the implementation of the responsibilities of the cooperative management against the loan of cooperative members has been going well, but it has not been maximized where the cooperative teachers in charge of providing convoluted explanations to cooperative members have not all been able to understand the existing explanations. Factors that affect the implementation of the responsibilities of the cooperative management are economic factors that become obstacles in terms of loan installment repayment. In addition, misusing loans for things that deviate from their use.
KEWENANGAN PEMERINTAH DAERAH KOTA KUPANG MENGGUNAKAN HAK PAKAI DAN HAK PENGELOLAAN ATAS TANAH YANG BERASAL DARI HAK MENGUASAI NEGARA Sodak, Eksam; Pekuwali, Umbu Lily; Yohanes, Saryono
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.v1i1.13684

Abstract

The research findings indicate that the City of Kupang Regional Government has not optimally exercised its authority as the holder of the Right of Use and Management Rights over land acquired from state control. The Right of Use, covering an area of 14,041,022 square meters, controlled by the city government, is only utilized on 634,442 square meters (4.52%) for various purposes related to the City of Kupang government's tasks. Similarly, the Management Rights, covering an area of 4,809,012 square meters, are only utilized on 326,522 square meters (6.79%), either for the government's own use in facilitating governance tasks, development, and community services or in collaboration with third parties. Based on the research findings, it is recommended that the City of Kupang Regional Government, in collaboration with the National Land Agency (BPN) of Kupang, promptly plans the allocation and utilization of the Right of Use over an area of 13,406,580 square meters (95.48%) and the Management Rights over an area of 4,482,490 square meters (93.21%) to benefit the City of Kupang government, the community, and the business sector.
DASAR LEGALITAS PEREDARAN MINUMAN BERALKOHOL TRADISIONAL JENIS SOPIA DI WILAYAH NUSA TENGGARA TIMUR Dari, Damianus Ngere; Tuba Helan, Yohanes G; Yohanes, Saryono
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.v1i1.13752

Abstract

Local alcoholic drinks or commonly known as sopi have never been separated from the culture of the people of East Nusa Tenggara. Sopi, apart from being used for consumption, also always colors religious celebrations in East Nusa Tenggara, such as proposals, weddings and traditional ceremonies. However, the distribution of alcoholic drinks that are not based on applicable regulations will have a negative impact on social problems, such as an increase in crime. The East Nusa Tenggara Provincial Government has a program to legalize local alcohol drinks in NUSA TENGGARA TIMUR. In this legalization, the Governor of NUSA TENGGARA TIMUR issued Governor's Regulation Number 44 of 2019 concerning Purification and Management of Traditional Alcoholic Drinks. It is hoped that this governor's regulation can create a reasonable balance between maintaining public health and preserving traditions, as well as supporting the livelihoods of the people in NUSA TENGGARA TIMUR province.
PEMBERIAN GANTI KERUGIAN HAK ATAS TANAH RAKYAT YANG BERKEADILAN (STUDI KASUS PEMBANGUNAN BENDUNGAN TEMEF DI KABUPATEN TIMOR TENGAH SELATAN) Barawasi, Azis; Pekuwali, Umbu Lily; 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.v1i1.13753

Abstract

Legal research is a systematic and methodological effort to uncover the truth by analyzing and constructing collected data. The focus of this research is on land acquisition for public purposes, with a foundation in legal concepts as the research method. Soerjono Soekanto and Abdulkadir Muhammad view legal research as a scientific activity that uses specific methods, systematic approaches, and thinking to analyze legal phenomena with the goal of problem-solving. Peter Mahmud Marzuki states that legal research is a scientific process to discover legal rules, principles, and doctrines.The aim of this research process is to find correct legal rules by discovering new values beneficial to society. The research type used is normative juridical, referring to legal norms in relevant regulations concerning land acquisition for public purposes. In order to gather information, this research utilizes four approaches: statutory approach, case approach, comparative approach, and conceptual approach. Through these approaches, the researcher seeks to gain a profound understanding of the construction of land acquisition for public purposes. The expected outcome of the research is to contribute to the understanding of agrarian law, especially regarding Land Acquisition Law, by detailing aspects regulated in Law No. 5 of 1960 and Law No. 2 of 2012. Thus, this research provides a conceptual foundation and in-depth understanding of the legal construction in the context of land acquisition for public purposes
IMPLIKASI PENERAPAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA DALAM PENGATURAN KAWASAN HUTAN UNTUK PEMBANGUNAN PROYEK STRATEGIS NASIONAL (STUDI KASUS BENDUNGAN TEFMO-MANIKIN DI KABUPATEN KUPANG–PROVINSI NTT) Agustina, Agustina; Pello, Jimmy; Manuain, Orpa 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.v1i1.13756

Abstract

The issuance of Law Number 6 of 2023 concerning Job Creation has had an impact on changes to a number of laws in Indonesia, including Law Number 19 of 2004 concerning Forestry and Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. In addition, derivative regulations from the Job Creation Law, especially those relating to support for facilitating the development of National Strategic Projects, have been issued after the ratification of Law Number 11 of 2020 concerning Job Creation. The derivative regulations in question are Government Regulation Number 23 of 2021 concerning Forestry Implementation and Government Regulation Number 42 of 2021 concerning Facilitation of National Strategic Projects. The presence of the Job Creation Law is considered to be able to encourage economic growth, one of which is by accelerating the development of strategic infrastructure in the regions. The research method used is normative juridical. The results of this research show that the presence of the Job Creation Law has had an impact on simplifying and trimming a number of regulations to facilitate and support the accelerated development of National Strategic Projects including the Tefmo – Manikin Dam in Kupang Regency. On the one hand, the passing of Law Number 6 of 2023 concerning Job Creation has provided a guarantee of legal certainty, because so far the process has experienced pros and cons. However, in terms of legal benefits and environmental justice, it can result in disruption of environmental sustainability, especially forest areas because they are vulnerable to conversion of forest areas for the development of National Strategic Projects.
URGENSI PERUBAHAN PROVINSI NTT MENJADI DAERAH KHUSUS PROVINSI KEPULAUAN DAN PERBATASAN NEGARA SERTA IMPLIKASI YURIDIS DALAM TATA PEMERINTAHAN DAERAHNYA Septiandhito, Teodorus; Tuba Helan, Yohanes G; Stefanus, Kotan 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.v1i1.13757

Abstract

The Province of East Nusa Tenggara (NTT) as a part of the Unitary State of the Republic of Indonesia has different characteristics from other provinces in Indonesia, geographically NTT is an archipelagic province consisting of a combination of large and small islands separated by sea. Meanwhile, from a national strategic perspective, NTT is a border area with other countries, sea borders with Australia and land borders with the Democratic State of Timor Leste (RDTL), and specifically within the NTT Province area there is the Oecusee Enclave which is part of RDTL. The conditions in NTT, which are very unique and not found in other provinces in Indonesia, have been a factor in the regional government in NTT not being optimal in carrying out government tasks. The effectiveness and efficiency of government, the high costs of government and development are the main obstacles and challenges faced and have made NTT Province one of the disadvantaged and poorest regions in Indonesia. To overcome the various challenges of regional governance in NTT Province, the implementation of asymmetric decentralization in the form of granting special status to NTT Province based on its geographical characteristics as an islands region and its strategic position as a state border is seen as the right solution to develop and direct NTT Province to be more competitive and able to keep pace with other provinces in Indonesia while strengthening Indonesia's outermost regions which are gateways to other countries. This legal research shows that basically the Indonesian constitution and the development of regional governance and national politics make it possible to provide asymmetric decentralization for the NTT Province to become a Special Province of Islands and National Borders. The implementation of asymmetric decentralization will have juridical implications in several areas of regional government in NTT, but ultimately aims to improve the welfare of the people of NTT which is the outermost fence on the southern side of Indonesia.
PENEGAKAN HUKUM TERHADAP APARAT KEPOLISIAN YANG LALAI MENYIMPAN SENJATA API SEHINGGA MENGAKIBATKAN DISALAHGUNAKAN OLEH ORANG LAIN (Studi Kasus Laporan Polisi: LP-A/87/XII/HUK.12.10/2018 TGL 17 Desember 2018) Klaran, Adriano Y; Medan, Karolus Kopong; Manuain, Orpa 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.v1i1.13758

Abstract

In accordance with LP-A/87/XII/HUK.12.10/2018 DATE 17 December 2018, the sanctions given are in the form of a written warning, postponement of attending education for a maximum of 1 (one) year, transfer in the nature of demotion, release from position and placement in the case no later than 21 (twenty one) days, the sanctions are given in accordance with Government Regulation Law Number 2 of 2003 article 9 letters (a, b, e, f and g) of the Indonesian National Police concerning Disciplinary Regulations for Members of the Indonesian National Police . Factors that cause police officers to commit negligence regarding firearms are environmental factors which have an impact on the psychological and emotional condition of the police themselves, lack of knowledge and lack of professionalism of the police in carrying out their duties, lack of discipline and lack of adequate training which results in this occurrence. this negligence. The efforts made are preventive efforts, namely preventive efforts by paying attention to and tightening the requirements before providing firearms by members of the Police. Carry out the requirements for the use of firearms by police officers, including; granting permits through an examination mechanism for apparatus, taking into account mentality, professionalism, proportionality, as well as more intensive training.
FUNGSI KEPALA DESA DALAM MENYELENGGARAKAN PEMBANGUNAN DESA DI DESA BIPOLO DAN DESA OETETA, KECAMATAN SULAMU KABUPATEN KUPANG MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Naben, Empi Adriana; Yohanes, Saryono; Tupen, Rafael Rape
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.13801

Abstract

Based on Law No. 6 of 2014 concerning Villages, Article 1 paragraph (2) states that "Village Government is the organizer of government affairs and the interests of local communities in the government system of the Unitary State of the Republic of Indonesia. The Village Government is the Village Head or what is referred to by another name, assisted by Village officials as the organizing element of the Village Government." The problems faced include, among other things, the function of the village head in carrying out village development in Bipolo Village and Oeteta Village must increase enthusiasm, and encourage the community in carrying out village development to involve more of the entire Bipolo Village community and Oeteta Village community in development activities. And provide outreach to the community that the community also has a role to be involved in the implementation of village development. This research aims to find out the function of the village head in carrying out village development in Bipolo Village and Oeteta Village and to find out the factors inhibiting the function of the Village Head in carrying out village development in Bipolo Village and Oeteta Village. The method used in this research is empirical juridical and statutory and primary data and secondary data are used as types of data sources. The research results show that the function of the Village Head is in carrying out village development in Bipolo Village and Oeteta Village. Bipolo village is running quite well because some village development has been realized, but the community is not firm enough to fully support the implementation of village development. Oeteta Village is going quite well because all village development activities are still in the planning stage which will be implemented in 2023. Then, there are two inhibiting factors in implementing the duties and functions of the Bipolo and Oeteta village heads in implementing village development, namely human resources and facilities and infrastructure, which has not been effective in supporting the implementation of village development through increasing the economic, educational and health needs of the community. So researchers need to make collaborative efforts between the community and the village government to implement development in each village. There is awareness of bipolo and oeteta village heads in their duties and functions to prioritize the needs of local communities so that village development can run according to established plans. There is awareness of the village head and village officials to continue to supervise the implementation of village development through all village consultation proposals based on meetings to submit proposals which must be prioritized so that they can be implemented every year.

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