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Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia
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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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ANALISIS YURIDIS PUTUSAN HAKIM TENTANG TINDAK PIDANA MENGGUNAKAN, MENGUASAI, DAN MENYEDIAKAN NARKOTIKA GOLONGAN I BUKAN JENIS TANAMAN(STUDI KASUS TERHADAP PUTUSAN PENGADILAN NEGERI KUPANG NOMOR 193/Pid.Sus/2022/PN KPG) Wara, Charlos Constantinus; Pello, Jimmy; Manuain, Orpa Genefo
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.v1i2.14772

Abstract

The problem of misuse of Narcotics, Psychotropics and other Addictive Substances (NEPZA) or the popular term known by the public as Narcotics is a very big problem faced by society, government and law enforcement officials. In handling narcotics cases at the Kupang District Court, judges as law enforcers have the responsibility to examine, decide and resolve cases at the first instance. The main problem of this research is: What is the basis of the judge's legal considerations in handing down sentences against convicts in the case of District Court Decision NUMBER 193/Pid.Sus/2022/PN Kupang? And what should be the sanctions imposed on the perpetrators in District Court Decision NUMBER 193/Pid.Sus/2022/PN Kupang? This research focuses on two main issues, the basics, namely the judge's legal considerations and the sanctions that should be imposed, the method used in this research is a type of normative research, where the author obtains data indirectly or through an inventory of positive law, legal principles and doctrine, books -books and other documents. The research location is at the Law Library of Nusa Cendana University, Kupang. The legal materials used in this research are secondary legal materials. The data collection technique in this research was carried out using literature study. The data analysis used is normative analysis. The research results show that: There are two basic legal considerations for judges in deciding a case, namely legal considerations and non-juridical considerations. (a) Juridical considerations are the facts and testimony of witnesses in the trial. (b) Non-Judicial considerations include those that form the background to the action. The sanction that should be imposed on the defendant is that a criminal using narcotics violates the provisions of Article 127 of Law Number 35 of 2009 concerning Narcotics which is punishable by a maximum imprisonment of 4 (four) years. And narcotics abusers are required to undergo rehabilitation (Article 54 of Law Number 35 of 2009 concerning Narcotics). The fraudster's act of helping to sell narcotics belonging to Andri's brother fulfills the elements of Article 56 of the Criminal Code (helping to commit) which carries a criminal threat of being punished by the person involved (Andri's brother).
PROSES PENYELESAIAN SENGKETA TANAH SECARA ADAT DI DESA CUNCA LOLOS KECAMATAN MBELILING KABUPATEN MANGGARAI BARAT Sari, Lilis Anjas; Masu, Reny Rebeka; Resopijani, A
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.v1i2.14888

Abstract

Customary law was born at the same time as humans as its creators. Where there is society there is law (Ibi Ius Ibi Societas). At the implementation level, customary law can provide decisions that prioritize the goal of achieving togetherness and upholding the principle of kinship, rather than upholding provisions that have been determined by the government with positive law which tends to ignore togetherness and the principle of kinship. Cunca Lolos Village is one of the traditional villages in West Manggarai, therefore every problem in Cunca Lulus Village is resolved through adata and the same applies to the application of cultural values ​​and traditions in Cunca Lolos Village, Mbeliling District, West Manggarai Regency in resolving property disputes. This research is empirical legal research. This research is descriptive in nature and analyzes primary data to determine the process of resolving customary land disputes in the village of Cunca Lolos. Data collection uses interview, observation and documentation techniques. The results of this research show that; (1) the customary land dispute resolution process in Cunca Lulu village is divided into two parts, namely the land settlement process based on stages and the land settlement process based on land ownership (2) the inhibiting factors include changing times which have resulted in the loss of respect for tua golo and how difficult it is to collect old golo devices when completing a task in the village of Cunca escaped.
EFEKTIVITAS PENERAPAN UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN DI RUMAH SAKIT UMUM DAERAH ATAMBUA Talo, Gramelia Sannyta; Asnawi, Norani; Nuban, Detji Kory Elianor Rooselved
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.v1i2.14902

Abstract

The Social Security Administering Body (BPJS) is a legal entity formed to administer the National Health Insurance Program (JKN). This is a form of the government's commitment to the Implementation of National Social Security in article 5 paragraph (1) that "the Social Security Administering Body must be established by law -Invite”. Currently, the implementation of Law Number 24 of 2011 concerning the Social Security Administering Body at the Atambua Regional General Hospital has not been carried out effectively because its role in health services at the Atambua Regional General Hospital is not yet clear. This research is empirical juridical legal research. This research is descriptive in nature and analyzes primary data to determine the effectiveness of the implementation of Law Number 24 of 2011 concerning the Health Social Security Administering Body (BPJS) at the Atambua Regional General Hospital. Data collection uses observation, documentation and interview techniques. The results of the research show that: (1) The implementation of Law Number 24 of 2011 concerning the Health Social Security Administering Body (BPJS) at the Atambua Regional General Hospital has not been effective and (2) The influencing factors include internal factors (communication and resources human) and external factors (BPJS Health contribution collection, availability of health facilities and participant registration process).
SEBAB DAN AKIBAT SERTA PERTANGGUNGJAWABAN HUKUM TERHADAP KASUS SALAH TANGKAP (ERROR IN PERSONA) DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG KOTA Nainatun, Maryani Tefliana; Amalo, Heryanto; Kian, Darius A
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.v1i2.14919

Abstract

Basically, problems with the application of the presumption of innocence in criminal cases still often occur in the resolution of criminal cases. This also makes it possible for victims to be wrongly arrested due to a lack of evidence but when they are arrested. This research is empirical juridical research, where this research was carried out at the Kupang City Police Department. The data obtained in this research is qualitative data, using interview guidelines with informants and respondents, then the data is processed into qualitative descriptive. The results of this research show that: (1) the causes of cases of victims of wrongful arrest (error in person) in the jurisdiction of the Kupang City Police, which are more directly related to the internal factors of each member, namely regarding their knowledge, skills, and attitudes and behavior as a member police. (2) The consequences for the victim of wrongful arrest and violence and abuse by individuals include losses experienced by the victim, these losses are material losses and immaterial losses. (3) Responsibility for victims of wrongful arrest and abuse by police officers can be dealt with criminally or code of ethics, victims can also demand legal protection such as rehabilitation or restoration of their good name as well as compensation in the form of compensation.
TINJAUAN YURIDIS ALIH FUNGSI MOBIL PRIBADI MENJADI ANGKUTAN UMUM DI KABUPATEN TIMOR TENGAH SELATAN Balelay, Kirsten R F N; Yohanes, Saryono; Tuba Helan, Yohanes G
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.v1i2.15097

Abstract

Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, transportation operators must have a permit as explained in Article 173, Problem formulation, namely: What are the procedures for using private cars as public transportation in South Central Timor Regency related to the conversion of private car use be public transport. Empirical juridical approach method, the data source is this research is empirical juridical research, namely research based on applicable laws and regulations and data obtained in the field. Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, transportation operators must have a permit as explained in Article 173, the problem statement is: Are there regulations regarding the use of private cars as public transportation in South Central Timor Regency related to conversion of use? Private vehicles are now used for public transit. Empirical juridical approach method, which uses data collected in the field and applicable laws and regulations as its data source, is an empirical approach to research on the law.
PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI PEMINJAM DALAM LAYANAN APLIKASI PINJAMAN ONLINE (STUDI KASUS DI KOTA KUPANG) Sinlaeloe, Lucky Isakti; Medan, Karolus Kopong; Manafe, Deddy R. Ch
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.v1i2.15140

Abstract

This research aims to find out how legal protection is for personal data in online loan services after the enactment of "Law Number 27 of 2022 concerning Personal Data Protection" and also find out what legal steps are taken by victims if there is misuse of personal data. by the lender. This research uses nomative-empirical research methods. This method combines normative legal elements which are then supported by data or empirical elements. The results of this research contain that in protecting personal data, the government has passed several new regulations that specifically protect a person's personal data. The law in question is "Law Number 27 of 2022 concerning Protection of Personal Data" or abbreviated as "PDP Law". The Financial Services Authority also regulates online loan services with "Financial Services Authority Regulation Number 10 /POJK.05/2022 concerning Information Technology-Based Joint Funding Services". These two laws guarantee the protection of borrowers' personal data. If there is misuse of personal data by the lender, legal steps can be taken, such as the borrower can report criminally to the police or can also report to the Financial Services Authority. Advice, be careful when using personal data and do not carelessly give this data to anyone so that it will not be misused.
PELAKSANAAN PEMEKARAN DESA OENITAS, KECAMATAN ROTE BARAT, KABUPATEN ROTE NDAO DI TINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Lifu, Fikto Chrisfalsa; Udju, Hernimus Ratu; Lamataro, Cyrilius W T
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.v1i2.15196

Abstract

Based on the author's observations, the background to the main problem can be formulated as to what extent the conditions for implementing Village expansion and what are the influencing factors, the implementation of Village expansion is related to the expansion of Oenitas village, West Rote District, Rote Ndao Regency. The purpose of this research is to find out and analyze the implementation of village expansion and identify factors inhibiting the implementation of village expansion in Oenitas Village, West Rote Ndao Regency, Rote District. This research is based on primary, secondary, and tertiary data using an empirical juridical approach, and it was carried out using the Qualitative Descriptive Analysis Method in accordance with the data obtained while still paying attention to theories, principles, and legal rules in order to address this problem. The study's findings demonstrate that when implementing Village expansion, the Village requirements are in accordance with the stages, namely the requirements consist of population size, territorial boundaries, and infrastructure. the existence of tug-of-war interests between communities and the lack of natural resources, human resources (HR).
IMPLEMENTASI PERAN KEPOLISIAN DAN HAMBATAN-HAMBATANNYA DALAM MENGUNGKAPKAN KASUS PEMBUNUHAN BERENCANA DI WILAYAH KEPOLISIAN RESOR SABU-RAIJUA Banga, Ar; Leo, Rudepel Petrus; Amalo, Heryanto
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.v1i2.15244

Abstract

Premeditated murder in the Criminal Code (KUHP) is regulated in article 340 of the Criminal Code, which states: "Anyone who deliberately and with premeditation takes the life of another person, is threatened with premeditation, with the death penalty or imprisonment for life or for a certain period of time a maximum of 20 years. This research aims to find out the role of the police in disclosing cases of premeditated murder in the Sabu-Raijua resort area, and what obstacles they experience in disclosing these cases, as well as the factors that cause the crime of premeditated murder and arriving at solutions faced by investigators in the process. investigation. This research uses empirical juridical methods, namely methods that are studied through field research approaching existing facts and then using relevant laws and regulations as a basis for reviewing analyzing legal research as a reference for problem solving. Looking for the factors causing the occurrence and handling, obtained from primary and secondary data from interviews with the police (criminal investigators), village heads, community leaders and victims' families. As well as with literature studies and qualitative descriptive data analysis. The results of this research show that the role of the police in uncovering criminal cases of premeditated murder is very important, because the role of the police in criminal justice is at the forefront. Namely by carrying out the duties of an investigator related to arrest, detention, searches, confiscation of evidence, examination of documents and witnesses, suspects and assistance from experts. In doing this, the police are tasked with finding out the real truth. Apart from that, this research aims to find out what obstacles are faced and what solutions there are to get the truth about the causes of premeditated murder crimes in the Sabu-Raijua Resort area.
KONSTITUSIONALITAS PROSES PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA DAN HUBUNGANNYA DENGAN MEKANISME CHECK AND BALANCES Wuran, Perseverando Elkelvin; Stefanus, Kotan Y; Tupen, Rafael R
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.v1i2.15263

Abstract

Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) regulates the existence of Government Regulations in Lieu of Law. This provision gives the President the authority to enact a of Government Regulations in Lieu of Law in a compelling emergency situation. This research is a normative legal research. Normative legal research is based on the study of legal issues that encompass research on legal principles, legal systematics, levels of vertical and horizontal synchronizations, legal comparisons, and legal history. The results of this research show that: (1) The process of establishing the Job Creation of Government Regulations in Lieu of Law is not in accordance with the regulations contained in Article 22 paragraph (2) of the NRI Constitution, because the discussion of the approval of the Job Creation of Government Regulations in Lieu of Law which was postponed and could not be carried out during the first session after the issuance of the of Government Regulations in Lieu of Law is evidence of a denial of the meaning of the matter of urgency. which gives rise to urgency (2) The presence of the Job Creation of Government Regulations in Lieu of Law as a legal institution which so far has only created dynamics in power relations between the DPR and the President also demands the role and function of the Constitutional Court as part of checks and balances in controlling and maintaining the balance between powers, so that the measure of the President's subjectivity in determining the terms of "urgency" which is coercive" before enacting the of Government Regulations in Lieu of Law, apart from being politically supervised by the DPR, it can also be legally controlled by the MK.
EVEKTIVITAS FORUM MUSRENBANG DESA SEBAGAI REPRESENTASI WARGA DALAM PENYUSUNAN APBDES DI DESA HINGALAMAMENGI KABUPATEN LEMBATA Sarabiti, Saire Rama; Helan, Yohanes Tuba; Asnawi, Norani
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.v1i2.15285

Abstract

Village Musrenbang is an aspiration space intended to accommodate community aspirations which are included in the Village Revenue and Expenditure Budget. In its implementation, it is only used as a formality in preparing the Village Revenue and Expenditure Budget. Many aspirations are only accommodated without being realized, such as in Hingalammengi Village, Omesuri District, Lembata Regency. The aim of this research is to determine the effectiveness of the implementation of Musrenbangdes and the factors that influence the implementation of the Musrenbangdes forum. This research uses descriptive empirical legal research methods, This research aims to provide input and add to the body of literature in the field of education, especially in the field of law. This research can also be used as a reference for readers and those who wish to continue further research. In the midst of the Village government's efforts to advance and prosper the Village, the Village government must provide space for the community to express their aspirations so that there is equality between the rights and obligations of both. In this case, the Musrenbangdes must be used as a transparent space to accommodate aspirations and can be included in the village revenue and expenditure budget.

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