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PERSELINGKUHAN DAN AKIBAT HUKUM DALAM PERSPEKTIF HUKUM ADAT ROON DI YENDE TELUK WONDAMA Billy Andre Tohatta; Prisilia Waropen; Wellem Hendra Balubun
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

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The aim of the research is to determine the causes of infidelity and the legal consequences from the Perspective of Roon Customary Law in Yende, Teluk Wondama and to determine the Application of Sanctions to the Two Parties Who Have an Affair in the Perspective of Roon Customary Law in Yende, Teluk Wondama.This research was conducted empirically. Data sources obtained using primary data and secondary data. Data collection procedures were carried out by means of literature study and field research. Data analysis used in this research uses qualitative analysisThe research results show that (1) Factors that influence the occurrence of infidelity include disappointment, dissatisfaction in sexual life, insufficient financial needs, closeness to other friends, the influence of close friends, social media factors and the legal consequences of infidelity from Roon's Customary Law Perspective in Yende, Wondama Bay is given a customary sanction in the form of a customary fine which must be paid by the perpetrator of the affair (2) In the implementation of the customary sanction for the perpetrator of the affair, it is processed according to the customary law that applies in the Roon tribal community, namely by procedures that have been regulated by the Traditional Head (mananir) namely by holding a customary trial by paying customary fines in the form of babyak Rowena (goods), namely plates (Rosaser), sago trees (Ai Ran), boats (Wa). Apart from that, the party who commits the affair is also obliged to pay a customary fine to both families of the party who committed the affair, which is called paying shame money (pipi wewak mamuai) so that there is justice for both families of the perpetrator of the affair.

IMPLIKASI HUKUM PERJANJIAN ELEKTRONIK DALAM TRANSAKSI BISNIS DIGITAL DI ERA EKONOMI BERBASIS PLATFORM: ANALISIS TERHADAP VALIDITAS DAN RISIKO HUKUM Henrikus Renjaan
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

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Advances in information technology have driven a shift from conventional digital-based transactions to electronic agreements (e-contracts). This phenomenon has created new dynamics in contract law practices, particularly in the realm of platform-based e-commerce platforms such as Tokopedia and Shopee. This study aims to analyze the validity and legal risks of e-contracts based on the provisions of the Civil Code and Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), and to assess the effectiveness of legal protection for consumers and businesses. The method used is normative legal research with a regulatory, conceptual, and case-based approach. Data were qualitatively reviewed through literature and legal documents, and systematically analyzed based on classical contract theory and the principle of contractual justice. The results indicate that, from a formal legal perspective, e-contracts have binding force and guarantee compliance with the requirements for a valid agreement under Article 1320 of the Civil Code and the principles of the ITE Law. However, in practice, various legal issues are encountered, such as breach of contract, exclusion clauses, unequal positions of parties, and difficulties in providing evidence, which are detrimental to consumers. Digital platforms tend to position themselves as neutral parties, even though they play a crucial role in transaction mechanisms. Therefore, stricter regulations regarding platform responsibility, transparency of clauses, and strengthening of the settlement system through Online Dispute Resolution (ODR) mechanisms are needed. This study recommends improving digital legal literacy, reformulating electronic contract regulations, and equitable law enforcement as strategies for balanced legal protection in the digital economy era.

IMPLIKASI HUKUM INTERNASIONAL TERHADAP PEMUNGUTAN SUARA SISTEM NOKEN/IKAT DI PAPUA Yusty Foxdey Rahawarin
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v18i2.56

The Noken/Ikat voting system reflects a recognition of Papuan traditions. This is important for maintaining cultural identity, but it needs to be aligned with appropriate legal regulations. The author uses a normative juridical approach, examining the application of rules or norms in positive law. The results of this paper: Voting using the Noken system has been legitimized by the Constitutional Court (MK) in Case Number 47-81/PHPU. A-VII/2009, which was then reinforced by regulations issued by the General Elections Commission (KPU), namely, General Elections Commission Decree Number 216 of 2024 concerning Amendments to General Elections Commission Decree Number 66 of 2024 concerning Technical Guidelines for the Implementation of Voting and Vote Counting in General Elections. Based on these regulations, the Noken/Ikat system is the result of "community agreement" or "acclamation." Recognition of indigenous peoples' rights to decision-making and political participation is regulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which was later ratified in Law of the Republic of Indonesia Number 12 of 2005. This regulation emphasizes the existence of two distinct entities: national law and customary law. In this context, the use of noken can be seen as a recognition of customary law operating alongside national law. Therefore, the state guarantees the right of everyone to participate in public affairs and to vote in free and fair elections. This includes recognizing voting methods appropriate to local culture. Therefore, elections using the noken system can support traditions and culture, increase public trust in the democratic electoral system, and enhance the political participation of indigenous peoples by ensuring that individual voices are properly represented and free from coercion.

MEWUJUDKAN MASYARAKAT DAMAI DAN INKLUSIF: ANALISIS IMPLEMENTASI TUJUAN PEMBANGUNAN BERKELANJUTAN (SDGS 16) DALAM KONTEKS HUKUM ADAT DI INDONESIA Roberth Kurniawan Ruslak Hammar; Agustinus Luturmas
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v18i2.57

This article examines the relevance of Sustainable Development Goal (SDG) 16, which emphasizes peace, justice, and strong institutions, in relation to the practice of customary law (hukum adat) in Indonesia. Employing a normative–juridical approach and the framework of legal pluralism, the study analyzes the role of customary law as a social instrument that safeguards harmony, provides access to justice, and strengthens local institutions. Case studies from indigenous communities in Papua, Maluku, and Kalimantan demonstrate that customary dispute resolution mechanisms—such as Pela Gandong, Bakar Batu, and Dayak ulayat rights—are effective in creating social reconciliation and maintaining community stability. The findings confirm that customary law is not merely a cultural heritage but also a crucial pillar of sustainable development. Consequently, formal state recognition of customary institutions is essential to support the achievement of the 2030 SDGs, particularly in realizing a peaceful, inclusive, and just society.

DIGITALISASI SERTIFIKAT TANAH MELALUI PROGRAM ELEKTRONIK BADAN PERTANAHAN NASIONAL: TANTANGAN DAN KEPASTIAN HUKUM DALAM SISTEM AGRARIA INDONESIA Agustinus Luturmas; Odilo Dwi Suharto Fautngilyanan
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.98

Advancements in information technology have prompted the Indonesian government to undertake a digital transformation across various public service sectors—including land administration—through the implementation of electronic land certificates. This policy is part of an effort to modernize land administration to enhance service efficiency, strengthen legal certainty, and minimize issues prevalent in conventional land systems, such as document forgery, duplicate certificates, and "land mafia" activities. However, the implementation of electronic land certificates also raises concerns regarding data security, the evidentiary weight of electronic documents, and public readiness for this digital transformation. This study aims to analyze the legal framework governing the digitization of land certificates within Indonesia's agrarian system, examine implementation challenges regarding legal certainty and land data security, and formulate an ideal model for the legal protection of electronic land certificates in Indonesia's digital agrarian system. The study employs a normative legal research method utilizing statutory, conceptual, and cyber law approaches. Legal materials consist of primary sources (legislation) and secondary sources (books, academic journals, research findings, and relevant literature). A descriptive-qualitative analysis was conducted. The findings indicate that the digitization of land certificates rests on a robust legal foundation, supported by Law No. 5 of 1960 (Basic Agrarian Law), the Law on Electronic Information and Transactions, the Personal Data Protection Law, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) No. 1 of 2021 concerning Electronic Certificates. Nevertheless, implementation faces various challenges, including cybersecurity threats, public skepticism regarding the evidentiary value of electronic certificates, disparities in technology access, land data protection issues, and the adequacy of both legal and technological infrastructure. Therefore, a legal protection model is required that integrates regulatory strengthening, robust cybersecurity systems, land data protection aligned with the Personal Data Protection Law, a people-centric digitalization approach, and enhanced legal and digital literacy. This model is expected to create a secure and trustworthy digital land system that provides legal certainty for the public.

ASPEK HUKUM PENGGUNAAN SENJATA OLEH BRIMOB DALAM MENANGANI GANGGUAN KEAMANAN DI PAPUA BARAT Yakobus Frendi Weriditi
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.99

The use of firearms by Mobile Brigade (Brimob) personnel falls within the scope of state authority to maintain public security and order. However, the use of lethal force frequently sparks debates regarding law and human rights, particularly when addressing security disturbances in West Papua, a region characterized by complex conflict dynamics and threat levels. Various reports alleging the use of excessive force highlight the need to examine the legal basis, the application of the proportionality principle, and the accountability mechanisms governing the use of firearms by police personnel. This study aims to analyze the legal basis for the use of weapons by Brimob in handling security disturbances in West Papua, examine the application of the proportionality principle regarding firearm use, and investigate the forms of accountability and legal implications arising from violations involving the use of firearms by police personnel. The study employs a normative-juridical legal research method, utilizing statutory, conceptual, and case-based approaches. Legal materials were gathered through a literature review comprising legislation, legal doctrine, court rulings, scholarly literature, and international legal instruments concerning the use of force by law enforcement officials. Analysis was conducted qualitatively through legal interpretation and deductive reasoning. The findings indicate that the use of firearms by Brimob rests on a solid legal foundation within both national and international legal systems. Nevertheless, the use of firearms must consistently adhere to the principles of legality, necessity, proportionality, and accountability. Violations of these principles can lead to criminal, administrative, and civil consequences, as well as social repercussions that undermine public trust in the police institution. Consequently, strengthening oversight mechanisms, enhancing personnel professionalism, and upholding human rights are essential prerequisites for the use of force by Brimob.

KRIMINALISASI JUDI ONLINE DALAM PERSPEKTIF KEBIJAKAN HUKUM PIDANA DAN EFEKTIVITAS PENEGAKAN HUKUM DIGITAL DI INDONESIA Imanuel Inriyanto Ruslak Hammar; Siria Silubun; Mahmud Renuat
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.100

Advancements in information and communication technology have brought about significant changes in various aspects of societal life, including the emergence of digital-based gambling practices, or online gambling. Gambling activities that were previously conducted through conventional means can now be accessed via the internet using digital applications, websites, social media, and various electronic transaction instruments. This phenomenon presents new challenges for Indonesia's criminal justice system due to the characteristics of online gambling—namely its transnational nature, anonymity, and reliance on rapidly evolving technology. Beyond causing economic losses, online gambling also has the potential to trigger other criminal offenses such as money laundering and digital fraud, as well as social disruptions affecting families and the community. This research aims to analyze the policy of criminalizing online gambling from the perspective of Indonesian criminal law, examine obstacles to the effective digital law enforcement against online gambling offenses, and formulate an ideal model for addressing online gambling within the framework of modern criminal law policy. The study employs a normative legal research method utilizing statutory, conceptual, and comparative approaches. Legal materials consist of primary sources—specifically legislation and regulations—and secondary sources, including books, scholarly journals, research findings, and various publications related to criminal law and cybercrime. The analysis is conducted using a descriptive-qualitative method. The research findings indicate that the policy of criminalizing online gambling in Indonesia is legally grounded in the Criminal Code (KUHP), the Law on Electronic Information and Transactions (UU ITE), and the Law on the Prevention and Eradication of the Crime of Money Laundering. However, the effectiveness of law enforcement continues to face various obstacles, including the transnational nature of online gambling, the use of offshore servers, anonymous digital transactions, weak technological oversight, and low public legal awareness. Therefore, a more comprehensive mitigation model is required, involving the reformulation of cyber-gambling regulations, the strengthening of digital technology-based law enforcement, the adoption of a "follow-the-money" approach, the enhancement of public digital literacy, and the harmonization of regulations concerning cybercrime and digital financial transactions. This model is expected to improve the effectiveness of criminal law policies in addressing the evolution of online gambling in the digital era.

PENYALAHGUNAAN WEWENANG OLEH PEJABAT PEMERINTAHAN DALAM PERSPEKTIF UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN Wellem Hendra Balubun; Billy Andre Tohatta
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.101

The abuse of authority by government officials is an issue that potentially hinders the realization of good governance and the principles of the rule of law. In the conduct of government affairs, officials are granted authority to perform functions related to public service, development, and the regulation of societal life. However, the exercise of authority in a manner inconsistent with the purpose for which it was granted can lead to irregularities that harm both the public and the state. This research aims to analyze the concepts and forms of abuse of authority under Law Number 30 of 2014 concerning Government Administration; to examine the role of discretion and the General Principles of Good Governance in preventing such abuse; and to analyze state administrative oversight mechanisms for controlling and addressing the abuse of authority by government officials. The study employs a normative legal research method utilizing statutory, conceptual, and case-based approaches. Legal materials were gathered from legislation, books, scholarly journals, court rulings, and relevant administrative law doctrines. A qualitative analysis was conducted using a descriptive-analytical method. The findings indicate that, under the Government Administration Law, the abuse of authority encompasses acts of exceeding authority, mixing authorities, and acting arbitrarily. Discretion plays a crucial role as an instrument to ensure effective governance; however, its exercise must be constrained by the AUPB to prevent it from devolving into an abuse of authority. Furthermore, state administrative oversight—comprising internal supervision, external supervision, and judicial review by the State Administrative Court—plays a strategic role in preventing and addressing the abuse of authority. Consequently, strengthening oversight systems and implementing the principles of good governance are vital factors in realizing a government that is accountable, transparent, and oriented toward the public interest.

PROBLEMATIKA TUMPANG TINDIH SERTIFIKAT HAK ATAS TANAH DALAM SISTEM PENDAFTARAN TANAH DI INDONESIA Filex Melanton Labobar; Emilianus Jimmy Ell; Agustinus Luturmas; Imanuel Inriyanto Ruslak Hammar
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.103

Overlapping land title certificates remain a recurring issue within Indonesia's land registration system, undermining legal certainty for land rights holders. The existence of two or more certificates for the same plot of land not only triggers protracted disputes but also causes economic losses, hinders investment, and erodes public trust in the land administration system. This situation indicates that the objectives of land registration—as mandated by the Basic Agrarian Law and Government Regulation Number 24 of 1997—have not yet been fully realized. This study aims to analyze the factors causing overlapping land title certificates, examine the responsibilities and performance of the National Land Agency in preventing and resolving disputes involving multiple certificates, and formulate measures to ensure legal certainty for land rights holders. The study employs a normative legal research method utilizing statutory, conceptual, and case approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Government Regulation Number 24 of 1997 concerning Land Registration, and other relevant land regulations. Secondary legal materials were obtained from books, scholarly journals, court rulings, and relevant research findings. A qualitative analysis was conducted by examining legal norms, legal theories, and research data related to disputes over multiple certificates. The findings indicate that overlapping land title certificates stem from various factors, including land administration errors, a lack of integration in land data, document forgery, weak internal oversight, and the characteristics of the "negative publication system with positive tendencies," which still leaves room for disputes regarding issued certificates. In its efforts to prevent and resolve disputes, the National Land Agency has strengthened surveying and mapping, verified land data, implemented the Complete Systematic Land Registration program, digitized land services, conducted dispute mediation, revoked certificates with administrative flaws, and executed court rulings. Meanwhile, efforts to ensure legal certainty for land rights holders must be pursued by strengthening the electronic land system, integrating the national land database, enhancing oversight and accountability in land administration, refining land registration regulations, and optimizing dispute resolution mechanisms that guarantee fairness and legal protection for the public.

KONSTITUSIONALISME DIGITAL DALAM SISTEM DEMOKRASI INDONESIA: ANALISIS YURIDIS TERHADAP PENERAPAN E-VOTING PADA PEMILIHAN UMUM Wellem Hendra Balubun; Roberth Kurniawan Ruslak Hammar
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.104

Digital transformation in governance has sparked discourse on implementing electronic voting (e-voting) as an alternative voting mechanism for elections in Indonesia. However, e-voting implementation involves not only technological aspects but also raises constitutional issues regarding the protection of citizens' rights, electoral integrity, and democratic legitimacy. This study aims to analyze the status of e-voting within the perspectives of digital constitutionalism and Indonesia's democratic system, examine the implications of its implementation for the protection of citizens' constitutional rights and electoral legitimacy, and formulate an ideal regulatory model for e-voting within Indonesia's constitutional framework. The study employs a normative legal research method utilizing statutory, conceptual, and comparative approaches. The findings indicate that e-voting is not inherently at odds with the 1945 Constitution of the Republic of Indonesia, provided it upholds the electoral principles of being direct, general, free, secret, honest, and fair, while also adhering to principles of digital constitutionalism—such as transparency, accountability, cybersecurity, personal data protection, and equal accessibility. While e-voting implementation offers the potential to enhance efficiency, accuracy, and voter participation, it also carries risks regarding constitutional rights violations, the digital divide, system security vulnerabilities, and diminished public trust if not adequately regulated. Therefore, an ideal e-voting regulatory model must be established through a comprehensive legal framework, independent oversight, transparent technology audits, robust personal data protection, and a phased implementation based on infrastructure readiness and public digital literacy. In this way, e-voting can serve as an instrument to strengthen digital democracy while remaining consistent with the principles of the rule of law and popular sovereignty in Indonesia.

Home Page

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Reviewer

Google Scholar

Contact Name
Wellem Hendra Balubun

Contact Email
balubunivan@gmail.com

Phone
+6281288882691

Journal Mail Official
balubunivan@gmail.com

Editorial Address
Jl. Lembah Hijau (blk. Diklat), Wosi Dalam, Manokwari, Papua Barat

Location
Kab. manokwari,

Papua barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Wellem Hendra Balubun

Contact Email balubunivan@gmail.com

Phone +6281288882691

Journal Mail Official balubunivan@gmail.com

Editorial Address Jl. Lembah Hijau (blk. Diklat), Wosi Dalam, Manokwari, Papua Barat

Location Kab. manokwari, Papua barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Wellem Hendra Balubun

Contact Email
balubunivan@gmail.com

Phone
+6281288882691

Journal Mail Official
balubunivan@gmail.com

Editorial Address
Jl. Lembah Hijau (blk. Diklat), Wosi Dalam, Manokwari, Papua Barat

Location
Kab. manokwari,

Papua barat

INDONESIA