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PENERAPAN ASAS NEMO JUDEX IN CAUSA SUA TERHADAP KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM MENGUJI UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PUTUSAN MAHKAMAH KONSTITUSI Udak, Petrus Antonius Lela; 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.v1i2.15323

The Constitutional Court, in exercising its authority to review laws against the constitution in several of its decisions, has set aside the principle of nemo judex in causa sua, which applies universally in the legal world, thus causing conflicts of interest, one of which is Decision Number 066/PUU-II/2004. This study falls within the scope of normative legal research or library legal research. The results of this study indicate that (1) in case of conflict between the exercise of authority by the Constitutional Court and conflicting legal principles, the Constitutional Court must refer to the highest legal norms that also grant authority to the Constitutional Court, which serves as the basis for the exercise of its authority. (2) Constitutional Court Decision Number 066/PUU-II/2004 violated the principle of nemo judex in causa sua due to the unclear hierarchical position of the principle in legal science, while the basis for the Constitutional Court's duties is clear, namely referring to Article 24C paragraph (1) of the 1945 Constitution.

PROBLEMATIKA NORMATIF PERLINDUNGAN HUKUM BAGI SAKSI PELAKU YANG BEKERJA SAMA (JUSTICE COLLABORATOR) DALAM HUKUM POSITIF DI INDONESIA Djawa, Mario Josaphat Ananda; Medan, Karolus K; Fallo, Debi F Ng
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.v1i2.15391

The application of justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless. The application of Justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. The formulation of the problems in this study: (1) Has the regulation on Justice collaborator in positive law in Indonesia been able to answer the needs of law enforcement as well as protection and reward for justice collaborator? (2) Why do justice collaborators need to be given legal protection and rewards? This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless.

PROSES PELAKSANAAN WURUMANA WAILAKI (ANTAR BELIS) DALAM PERNIKAHAN MASYARAKAT ADAT LIO DESA MAUROLE KECAMATAN MAUROLE KABUPATEN ENDE NUSA TENGGARA TIMUR (DIALEKTIKA ANTARA IDENTITAS DAN REALITAS) Labason, Emanuel Robin; Hedewata, Agustinus; Jacob, Yossie M. Y.
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.v1i2.15467

Indonesia is a rich country with various ethnicities, races, cultures, and customs. In terms of carrying out a marriage, each region in Indonesia has its own procedures. This is caused by the power of custom that has been trusted by the community for generations. This also applies to The Lio tribe, Maurole Village, Maurole Disrict, Ende Regency, East Nusa Tenggara. One of them is giving belis or what is known as wurumana Wailaki, which is a symbol of the validity of marriage, the status and morals of women according to custom. This type of research is empirical research conducted in The Lio Tribe, Maurole Village, Maurole District, Ende Regency, East Nusa Tenggara. This research aims to determine the process of determining and implementing Wurumana Wailaki in the marriage of The Lio tribe communit, Maurole Village is the main requirement in carrying out a traditional marriage with stages that are so long, even months, and require a lot of money. The inhibiting factors in determining and implementing wurumana Wailaki are economic, social factors and the lack of good communication. The impacts of the wurumana Wailaki process include legal, social and economic impacts. Therefore, it is hoped that in carrying out wurumana Wailaki, the actors must carry out good negotiations so that it does not burden either party.

TINJAUAN YURIDIS TERHADAP PENERAPAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (STUDI PUTUSAN NO 46/PID.SUS/ 2019 PENGADILAN NEGERI MAUMERE) Ndaumanu, Novaldy I; Sinurat, Aksi; Wilhelmus, Bhisa Vitus
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.v1i2.15502

The quality of the judge's decision in adjudicating is when the judge is able to hand down a decision by paying attention to three very essential things, namely legal certainty, justice, and expediency. Interpreting the element of "possessing, storing, possessing, or providing" class I narcotics as contained in Article 112 paragraph (1) of the Narcotics Law must also consider the purpose or purpose of the accused. Because the terminology "possess, store, control or provide" provided for by Article 112, cannot be applied strictly following the textual. If this is not done carefully and carefully, it will have an impact on imposing crimes with inappropriate crimes and cause injustice to drug abusers. The results of the research stated that: first, the provisions of Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics do not have clarity in substance, namely in the word "possessing" if in the application there is a mistake in interpreting " possessing" can cause legal injustice, considering the application of article 112 paragraph (1) by the panel of judges in case number 46/ Pid.Sus/ 2019/ Maumere District Court is not appropriate, The application of this article is considered inappropriate because the judges' consideration only pays attention to the fulfillment of criminal elements written in article 112 paragraph (1) of Law No. 35 of 2009 concerning Narcotics. Second, the Maumere court judges ignored the subject's status as an abuser and skewed with the second alternative charge (article 112 paragraph 1), but in a review in accordance with the expectation of the application of article 127 paragraph (1) point a by the Supreme Court.

FUNGSI PEMERINTAH KELURAHAN DAN LEMBAGA PEMBERDAYAAN MASYARAKAT DALAM PEMBANGUNAN DI KELURAHAN LASIANA DAN KELURAHAN OESAPA KECAMATAN KELAPA LIMA KOTA KUPANG Mooy, Fiona Bellania; Monteiro, Yosef Mario; Ratu Udju, Hernimus
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15385

The role of the Subdistrict Government and Community Empowerment Institutions in the context of community economic development is very important in efforts to improve community welfare. The provisions of Article 5 of the Kupang City Regional Regulation Number 9 of 2016 concerning Village Community Institutions state that; LPM is a partner of the Government in developing the community's economy, but the implementation level is still considered not optimal. This research is empirical legal research. The results of the research found that: (a) Development programs in the Oesapa subdistrict that have been running, namely: Development of Oesapa Market Stall Infrastructure, direct cash assistance, small and medium enterprises and revolving activities that have been implemented amounting to Rp. 835. 750,000 while the Development Program in Lasiana sub-district is the Stunting Program, Environmental Cleanliness, Independent Credit Work Program and revolving funds to support community economic growth amounting to Rp. 658,000,000; (b) Things that hinder development at the Oesapa subdistrict office and the Lasiana subdistrict office are: available budget cannot reach all community development needs, coordination in the implementation of activities in Lasiana and Oesapa subdistricts and coordination in the implementation of development work programs requires coordination between all related parties in order to minimize program errors and failures; (c.) Socialization requires regular and ongoing socialization so that it can be utilized by the community; and (d.) the available infrastructure is inadequate and needs to be improved.

ANALISIS HUKUM TENTANG SENGKETA TANAH YANG BERSERTIFIKAT DI TELUK MUTIARA KABUPATEN ALOR PO Tausbele, Harun Hermon; Hedewata, Agustinus; Nubatonis, Orpa J
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15413

Now in practice there are often fake certificates or double certificates in the community, so that land rights holders need to find information about the truth of physical data and juridical data on the land in question at the Local Land Office. Based on this case, the researcher formulated the main problems, namely: (1) How is the legal force of land that already has a certificate of ownership? (2) How is the settlement of land disputes certified? This study uses empirical legal research methods that examine how the law works in society. Aspects of the study examined the legal strength of the land that already has a certificate of property rights and Land Dispute Resolution certified. The results found that: (1) the legal certainty of the certificate containing the written provisions stated in the law or other regulations is absolute meaning it can not be contested. (2) Dispute Settlement can be done through three ways, namely: settlement through the judiciary, which is submitted to the General Court body in a civil manner, advocacy, through arbitration.

PENGUATAN WEWENANG KOMISI YUDISIAL DALAM MENJAGA KEHORMATAN DAN MARTABAT HAKIM DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2004 TENTANG KOMISI YUDISIAL Weo, Joey Giancello; Tuba Helan, Yohanes G; Lamataro, Cyrilius W T
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15620

The main point in this issue is how to strengthen the authority of the judicial commission to ensure the honor and dignity of judges? What is an obstacle to strengthening the authority of the judicial commission is maintaining the honor and dignity of judges. This research is a normative juridical research, which is research on applicable legal norms, including research on the level of vertical and horizontal synchronization. The synchronization in question is the laws and regulations relating to the Judicial Commission This conclusion emphasizes the important role of the Judicial Commission as a judge monitoring institution in maintaining the honor and dignity of judges. With a deep understanding of Law Number 22 of 2004, the Judicial Commission can carry out its supervisory function optimally, provide a sense of justice to the public, and strengthen the foundation of the integrity of the judiciary in Indonesia. This understanding also provides direction for improving and updating regulations if necessary in order to respond to the dynamics of legal developments and community needs in the future.

TINJAUAN YURIDIS PERMOHONAN GANTI NAMA PADA AKTA KELAHIRAN DI PENGADILAN NEGERI KEFAMENANU DI TINJAU DARI UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN Koen, Felix Emanuel; Mauritsius, Darius; Pello, Helsina Fransiska
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15711

The change of one's name in practice cannot be separated from the culture and customs that exist and grow in society. In Eastern culture, especially East Nusa Tenggara, it is still believed by some people. Giving the child an inappropriate name will make the child sickly and fragile. The solution is to rename it. After the name change process is complete, what they have to complete is the administrative process, which is to change the name on the birth certificate with a new name. For the recording of name changes themselves carried out based on court determinations, this can be seen from the provisions of Article 52 of Law Number 23 of 2006 concerning Population Administration juncto Article 93 paragraph (2) of Presidential Regulation Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration. This research is an empirical legal research, where empirical research is that researchers observe various realities that occur in the Kefamenanu District Court located in the North Central Timor Regency and review them based on the Law, derivative regulations related to the main problem that has been formulated previously by interviewing related parties and then the data that has been obtained is presented using the stages in it, namely coding, editing and tabulation as well as presented with qualitative descriptive.

KAJIAN JURIDIS TALA AKIBAT PECERAIAN ADAT (CEAR KAENG KILO) DALAM PERKAWINAN ADAT MANGGARAI (Studi kasus Tala Di Desa Longko, Kecamatan Wae Ri’i Kabupaten Manggarai) Sedia, Efrasia; Aloysius, Sukardan; Damat, Petornius
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15745

The aim of this research is to explain and analyze the Tala resulting from traditional divorce (Cear Kaeng Kilo) in Manggarai traditional marriages. The research method used in this research is an empirical legal research type. The data source for this research was obtained from primary data, namely obtained from the people of Longko Village, Wae Ri'i District, Manggarai Regency, East Nusa Tenggara Province, while secondary data was obtained from various books, journals, articles and internet sites that were related to the problem. what is being observed is then processed through three stages, namely editing, coding, and data systematization and analyzed through three stages, namely data reduction, data display, and verification. The results of this research show that 1. The meaning of tala in Manggarai marriage customary law, tala is a form of customary fine that must be paid by a woman and her family to a man for violating customary law, namely committing cear kaeng kilo (divorce). 2. The consequences of tala law in Manggarai traditional marriage law. When cear kaeng kilo occurs, it causes many legal consequences, including: (a). Legal consequences for heirs, (b). Consequences of customary law on the couple's inheritance, (c). Customary obligations arising from c ear kaeng kilo in Manggarai customary marriage law, (d). The impact of Tala customary law on Wina and Rona children. 3. Implementation of tala in Longko Village, Wae Ri'I District, includes: (a). The man visits the woman's house to see the woman's condition, (b). The male family does lonto leok, (c). Leso tuning.

LEGALITAS OVER KREDIT (PENGALIHAN UTANG) DAN AKIBAT HUKUM BAGI DEBITUR DALAM PERJANJIAN LEASING KENDARAAN MOBIL (STUDI PADA PT. SINAR MITRA SEPADAN (SMS) FINANCE KOTA KUPANG) Londong, Cornelis; Nubatonis, Orpa J; Dinata, Husni Kusuma
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.15753

Current economic development is a manifestation of national economic progress so that it is hoped that it can create a just and prosperous society. To achieve national economic development in finance, it is carried out through several economic activities, both for people and leasing companies.This research study discusses the incident of transferring debt under the hands without the knowledge of the leasing agent and being judged as not complying with the contents of the leasing agreement. With this incident, it is necessary for the public to understand the legality of legal over-credit and the legal consequences for the debtor when carrying out a transfer of debt under the hand. This research uses empirical research with qualitative methods. The results of the research show that the legal consequences of transferring debt under the hands of a car from a philosophical perspective are contrary to the theory of contractual agreements, it can have a negative impact by compensating the leasing company for losses in accordance with the Civil Code Article 1243, Article 1266 and Article 1267 for doing so. default (broken promise). Officially, the validity of overcredit (transfer of debt) from a civil law perspective has been regulated in the Civil Code in Article 1233, Article 1234, Article 1313, Article 1320, Article 1338 Paragraph (1), Article 1338 Paragraph (3), and Article 1413. If viewed from a public law angle.

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Chatryen M. Dju Bire

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+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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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