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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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PENERAPAN ASAS PACTA SUNT SERVANDA DALAM PENYELESAIAN PERJANJIAN PINJAM MEMINJAM DI KOPERASI SWASTI SARI Baud, Gilbert Leonard; Aloysius, Sukardan; Jacob, Yossie M Y
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.v2i1.15794

Abstract

Pacta sunt servanda principle has several implications for compliance with agreements, repayment of obligations, legal protection, invalidity of this principle, negotiation and renegotiation. Based on this case, formulated the main problems: (1) How is the application of Pacta sunt servanda principle in the settlement of lending and borrowing agreements in Kupang Kota branch of Swasti Sari Cooperative? (2) What are the efforts to resolve violations of the borrower's loan agreement made by Koperasi Swasti Sari Kupang Kota Branch? This study is empirical juridical research. The results showed that Saving adn Loan Cooperative Kopdit Swasti Sari as the creditor applies the principle of Pacta sunt servanda, in this case as a creditor, of course, does not ignore or violate the agreement, because the consequences can harm the creditor itself. The procedure for resolving defaults in credit agreements at Saving adn Loan Cooperative Kopdit Swasti Sari is divided by borrower categories if the debtor has income and there is good faith to complete the loan, Rescheduling can be carried out, if the debtor (cooperative member) has income but there is no good faith to complete the loan, seizure of collateral/collateral items can be carried out.
HUBUNGAN KEPALA DESA DENGAN BADAN PERMUSYAWARATAN DESA DALAM PELAKSANAAN PEMBANGUNAN DI DESA MANLETEN DAN DESA SARABAU KECAMATAN TASIFETO TIMUR KABUPATEN BELU Nahak, Geraldo Mayella; Tupen, Rafael Rape; 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.v2i1.15842

Abstract

The village, which is the scope of the organization or is the smallest government structure and is closer to the community, has an important role in carrying out the autonomy mandated by the constitution as a path to a prosperous people. The Village Head has an important role in his position as an arm of the state that is close to the community and as a community leader, while the Village Consultative Body is an institution that carries out government functions. Village governance is a subsystem of the government administration system, so that villages have the authority to regulate and manage the interests of the community. In carrying out a unified government, the relationship pattern between the Village Head and the Village Consultative Body must be balanced and run according to their respective positions, duties and functions, none of which is higher, where both parties have an important role in implementing Village development. This research basically uses juridical-empirical methods. The results of this research show that: (1) The relationship between the village head and the Village Consultative Body is that currently development has not been implemented well from the planning stage to the implementation stage due to poor relations between the Village Head and the Village Consultative Body and (2) Lack of communication channels which can result in miscommunication, misunderstanding and disagreement in development priorities. And the education level of BPD members is also still relatively low.
PELAKU PENAMBANGAN PASIR LAUT SEBAGAI PERBUATAN MELAWAN HUKUM PIDANA DAN KENDALA HUKUMNYA Lopmeta, Arwan Y; Pello, Jimmy; Wilhelmus, Bhisa Vitus
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.v2i1.16028

Abstract

Sand is a natural marine resource that is very important for protecting island coastal areas. Nowadays, sea sand is often taken by truck owners to sell as building materials. Coastal Law on the Sea with a prohibition on Mining Beach Sea Sand. This research is included in the type of normative juridical research with a research approach, casuistry approach. The results of research in the field show: Sea sand mining can be punished according to Law No. 27 of 2007 concerning the management of coastal areas and small islands. Article 35 i carry out sand mining in areas which technically, ecologically, socially and culturally cause environmental damage and environmental pollution and harm the surrounding community. East Nusa Tenggara Province Regional Regulation No. 2 of 2019 concerning the implementation of peace, public order and protection of the regional mining business community for class C minerals. Paragraph VI Article 38: Everyone is prohibited from taking sea sand and coral reefs which damage the environmental sustainability of marine biota in offshore waters. (2) the obstacle in overcoming sea sand mining is the lack of public awareness of the law and economic factors. Based on the results of the research achieved, several things can be concluded, namely that the actions of sea sand miners can be seen as an act against criminal law because against the law is an act that violates the law, an act carried out outside the power or authority as well as an act that violates general principles in the field of law.
PERTANGGUNGJAWABAN PIDANA ANAK YANG MELAKUKAN TIDAK PIDANA YANG MENYEBABKAN MATINYA ORANG LAIN (Putusan Pengadilan Negeri Maumere No.2/Pid.Sus-Anak/2021/PN MME) Raja Sareng, Yohanes Alfridson; Leo, Rudepel Petrus; Kadja, Thelma S M
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.v2i1.16102

Abstract

Children as legal subjects are not only victims but children are also not immune from being perpetrators of criminal acts. One of the cases in the decision of the Maumere District Court Number 2/PID.SUS-ANAK/2021/PN MME contains the criminal act of a child causing the loss of another person's life. In the decision. This type of research is Normative Legal Research. The type of approach used by the author in this research is the case approach, especially regarding cases that have been decided as can be seen in the jurisprudence regarding the cases that are the focus of the research. According to the author, imposing prison sentences on child perpetrators is inappropriate. This is because the author feels that the judge did not look at the best interests of the children and the condition of the children in conflict with the law at the time of the incident. According to the author, the best punishment in this case is supervision. Placing children in conflict with the law in prison at the Sikka Regency Detention Center is completely inconsistent with the law and is also for the sake of the child's future. The author's advice, increasing coordination between law enforcement officers, improving infrastructure, increasing professional law enforcement officers in the juvenile criminal justice process are important factors in the effective law enforcement process for children in conflict with the law.
KAJIAN HUKUM PIDANA TERHADAP PEDAGANG KAKI LIMA (PKL) YANG MENGGUNAKAN FASILITAS UMUM UNTUK BERJUALAN DI TAMAN BUNDARAN TIROSA KOTA KUPANG Liu, Daud Jonatan; Manafe, Deddy R. CH.; Djara Dima, Adrianus
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.v2i1.16297

Abstract

The Kupang City Environment and Hygiene Service (LHK) and UPTD Park installed a sign prohibiting selling in the Tirosa statue roundabout area. Facts show that street vendors are still selling at the end of park and on the shoulders of roads. This research is empirical legal research that examines all legal events that have occurred through a case approach. Data collection was carried out by interview and document study. Tthe data is presented in a qualitative descriptive manner. The results of this research show that criminal law regulations for traders who use public facilities to sell have been regulated in Kupang City Regional Regulation 56 of 2002 concerning Regulation of Business Places and Development of Street Vendors in Kupang City. The application of criminal law for traders who use public facilities to sell at Tirosa Roundabout Park, Kupang City can involve several relevant legal aspects, depending on the type of violation committed. Punishments can take the form of administrative sanctions, fines, or even business closure. Therefore, a comprehensive and sustainable approach is needed to managing street vendors by Involving stakeholders, education, and designing supportive policies can create a more orderly and mutually beneficial environment for all parties.
PENYIKSAAN HEWAN PELIHARAAN SEBAGAI PERBUATAN PIDANA DI KOTA KUPANG Langkola, Andy Salomo; Pello, Jimmy; Fallo, Debi F. Ng
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.v2i1.16497

Abstract

In essence, cats have the humas right to be treated civilizedly and to receive guarsntees for their walfare in life. In Law Number 41 of 2024, article 1 paragraph (42) defines animal walfare was everything related to the physical and mental condition of animals in accordance with thr animal’s natural behavior. (1) Is animal abuse of cats s criminal act? (2) What are the government’s efforts to deal with the problem of cat abuse in Kupang City? The purpose of this research is to find out whether cat abuse is a criminal act in Kupang City and to find out the government’s efforts in dealing with the problem of cat abuse in Kupang City. The research results show that:(1) Article 302 of the Criminal Code Paragraphs 1 and 2, Article 406 Paragraphs of the Criminal Code, Article 540 of the Criminal Code and the 2023 criminal law book (UU Number 1 of 2023) in the sixth part, namely article 336, article 337 and article 338 of the new Criminal Code also regulates criminal acts of harassment, recklessness and mistreatment of animals. (2) The Kupang City government’s efforts to deal with the problem of cat abuse are to provide socialization and legal education to the community to increase public awareness about animal protection, including the human rights that animals have. Based on the discussion above, the suggestions that researchers give are: the government needs to strengthen laws regarding legal enforcement against cases of animal violence and increase socialization and legal education related to animal rights.
PENGATURAN PERATURAN PRESIDEN NOMOR 72 TAHUN 2021 TENTANG PERCEPATAN PENURUNAN STUNTING DAN IMPLEMENTASINYA DI KECAMATAN MAULAFA KOTA KUPANG Mbengu, Yosep F; Meyners, David Y; Ermalinda, Jenny
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.v2i1.16741

Abstract

This research was carried out in Maulafa District, Kupang City in November 2023 until completion. The formulation of the problem in this research is: How are Presidential Regulation Number 72 of 2021 concerning the Acceleration of Stunting Reduction and its Implementation in Maulafa District, Kupang City, and What are the efforts of the Maulafa District Government in handling Stunting.This research uses normative juridical and empirical juridical research methods. The data collection techniques used are: Interviews, Study of documents/literature in the form of books, legislation, journals and other written materials related to the research topic. The data analysis technique is, all information that has been processed is analyzed using normative juridical and empirical juridical methods in accordance with the data obtained while still paying attention to theories, principles and legal rules relating to Presidential Regulation Number 72 of 2021 concerning the Acceleration of Stunting Reduction and its Implementation in Maulafa District, Kupang City. Suggestions in this writing: The government needs to make additional regulations or efforts in handling cases of stunting. Based on the data obtained, it is stated that the low level of community participation in preventing stunting is one of the causes of the high stunting rate in Maulafa sub-district.
PROSES PENYELESAIAN PELANGGARAN TERHADAP HAK ULAYAT MASYARAKAT ADAT BOTI KECAMATAN KI’E KABUPATEN TIMOR TENGAH SELATAN Benu, Charles Boti; Hedewata, Agustinus; Usman, Siti Ramlah
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.v2i1.16782

Abstract

This research aims to find out how the process of resolving fiolates of the costumay rights of the Boti indigenous community, Ki’e district south central Timor regency and also the inhibiting facktot in the resolution process, this research is also expected to be able to contribute idea’s in efforts to understand insights in the field of civil law an in general, for the student community, this research writing is also considered as information for the general public regarding the problem under study, namely costomary rights. the Research method used in this research is empirical research or field studies,which is carried out directly at the actual research location using primary, secondary and tertiary data collection techniques through direct interviews at the research location with compotent respondents according to the problem being taken writer. The results of this research indiccate that the process of resolving violations of the customary rights of the Boti indigenous people is generally resolved by mediation of traditional consensus deliberation based on the principle because all Boti indigenous people have the same genes or blood ties so that traditional mediation is more appropriate to use in the process of resolving violations towards the customary rights of the Boti indigenous community.
HAMBATAN HUKUM DALAM PELAKSANAAN PENDAFTARAN TANAH SECARA SPORADIK HAK ATAS TANAH ULAYAT (STUDI KASUS DI KELURAHAN KOTA NDORA) Songku, Meyke Putri Basilia; Aloysius, Sukardan; Pello, Helsina F
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.v2i1.16925

Abstract

Customary land is one form of land ownership that is carried out jointly, customary rights as a legal technical term is a right that is inherent as a competence of rights in customary law communities in the form of authority / power to manage and regulate the land as well as its inward and outward practices. The ulayat rights of customary law communities are regulated in Article 3 of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, hereinafter referred to as UUPA. The research method uses the type of empirical legal research, namely data obtained directly from the results of interviews and observations. The results of the research and discussion show that: (1) General description of Kota Ndora village, Borong sub-district, East Manggarai Regency. (2) History of the division of Liang Bala customary land. (3) There are inhibiting factors in the implementation of sporadic land registration on customary land liang bala in Kota Ndora Village. (4) How efforts are made to overcome these obstacles in the implementation of customary land registration. The land registration process is carried out in the first time land registration activities sporadically, but in the process it cannot be said to be perfectly successful.
IMPLEMENTASI PERATURAN DESA KOMBA NOMOR 1 TAHUN 2017 TENTANG PENERTIBAN PEMELIHARAAN DAN KEPEMILIKAN TERNAK DI DESA KOMBA KECAMATAN KOTA KOMBA KABUPATEN MANGGARAI TIMUR Dewalking, Marianus; Meyners, David; Tupen, Rafael R
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.v2i1.17413

Abstract

This study aims to evaluate the effectiveness of the implementation of Komba Village Regulation No. 1/2017 which regulates the control of livestock maintenance and ownership in Komba Village, Kota Komba Sub-district, East Manggarai Regency. The method used in this research is empirical juridical with data collection through observation and interviews. The results showed that the implementation of this regulation has not been fully effective. Many violations still occur in the field, such as livestock roaming in public places and damaging residents' crops. The main inhibiting factors include lack of socialization, low public awareness, and suboptimal supervision. The lack of socialization means that many residents do not understand the importance of this regulation, while old habits in livestock rearing are difficult to change. Limited supervision infrastructure also hampers the enforcement of the regulation. To improve effectiveness, a revision of the regulation with more appropriate sanctions, awareness raising, annual evaluation, and capacity building of village officials are required. The implementation of these suggestions is expected to improve community compliance and the effectiveness of regulation implementation, so that order and prosperity in Komba Village can be realized.

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