Petitum Law Journal

TINJAUAN KRIMINOLOGIS TENTANG ABORSI YANG DILAKUKAN OLEH DUKUN BERANAK DI KOTA KUPANG (Studi Kasus di Kelurahan Kuanino Kecamatan Kota Raja Kota Kupang)

2025-11-01T02:09:15+00:00

Lack of awareness of the risks of casual sex leads to unwanted pregnancies. Issue of abortion has taken center stage in global politics and is no longer taboo. In Indonesia, abortion is illegal except in medical cases or rape as per the 2009 Health Law. The Criminal Code protects the fetus and understanding the motives for abortion is important in law. Illegal abortion practices are common, including in Kuanino Village, where abortion recidivists continue to perform abortions. The motives of the perpetrators in performing abortions in Kuanino Village are economic and experience in performing abortions. Abortions performed by village traditional healers are motivated by their expertise. The act of abortion that occurred in Kupang City is by sequencing. The modus operandi of the abortion crime is that the abortionist is given traditional medicine periodically according to the time determined by the traditional birth attendant. The second way is that the abortionist's genitals are inserted with roots and wood that function to accelerate the process of abortion. Obstacles in overcoming abortion cases in Kupang City are lack of legal awareness, lack of law enforcement efforts, and covert abortion practices. Suggestions include education, access to health services, and stricter law enforcement.

PENYELESAIAN PERKARA PERUSAKAN TEMPAT RITUAL ADAT SUKU TAIBOKO DESA LETMAFO TIMUR MELALUI MEKANISME HUKUM ADAT

2025-11-01T02:09:16+00:00

This research examines the resolution of a dispute involving the destruction of a customary ritual site belonging to the Taiboko Tribe in East Letmafo Village through mechanisms of customary law. Employing a juridical-empirical approach and qualitative research methods, the study focuses on direct observation and comprehension of customary legal practices within the Taiboko community. The findings reveal the pivotal role of customary law in resolving indigenous community disputes, facilitated by familial-style deliberations and consensus involving tribal and community leaders, as well as police involvement. The achieved settlement includes significant customary fines, encompassing monetary compensation, sacrificial animals, rice, and local beverages, alongside provisions for replacing the damaged tree. This resolution underscores the severity of the customary violation and aims to restore communal harmony. The research affirms the continued relevance of customary law in modern dispute resolution and highlights the importance of state recognition of Indonesia's diverse legal systems.

KAJIAN YURIDIS TENTANG KESEPAKATAN ADAT DALAM PERKAWINAN SUKU SABU DI KOTA KUPANG

2025-11-01T02:09:16+00:00

This research is titled "Legal Study on Customary Agreements in Marriage of the Sabu Tribe in Kupang City". The objective of this research is to understand the background of customary agreements built in the implementation of Sabu tribal marriage and the legal consequences that arise. The method used is empirical legal research with a qualitative approach, involving interviews with relevant parties. The research results show that customary agreements in Sabu tribal marriage are heavily influenced by cultural values and traditions passed down through generations. Processes such as matchmaking and parental introductions serve as symbols of commitment and mutual understanding. In addition, customary agreements also have significant legal consequences, which include social legitimacy and legal protection for the rights of couples. This research recommends that the Sabu tribal community preserve their marriage traditions and that the government strengthen the recognition of customary law within the national legal framework. In this way, customary agreements are expected to be integrated with existing legal developments, maintaining cultural identity while remaining relevant to the changing times.

FUNGSI PEMERINTAH DAERAH KABUPATEN SABU RAIJUA DALAM PEMBENTUKAN PERATURAN TENTANG PENERTIBAN PERJUDIAN DI KABUPATEN SABU RAIJUA

2025-11-01T02:09:16+00:00

In the context of the implementation of local government in accordance with the mandate of the Constitution of the Republic of Indonesia in 1945, Local governments follow the principles of autonomy and assistance duties while regulating and managing their own government issues. Furthermore, local governments are instructed to increase regional competitiveness by paying attention to the principles of democracy, equity, justice, privileges, and regional specificity within the framework of the Unitary State of the Republic of Indonesia. They are also instructed to expedite the realization of community welfare through improvement, service, empowerment, and community participation. As stated in Article 236 paragraph (1) of Law Number 32 of 2004 concerning Regional Government, Regional Regulations are established for the implementation of regional autonomy and assistance tasks. Therefore, in order to implement regional autonomy in Sabu Raijua Regency, it is necessary to have a Regional Regulation made by the local government of Sabu Raijua Regency. In addition to Regional Regulations, the Sabu Raijua community also has other regulations in the region such as regional head regulations, village regulations, customs and so on. The results of the study stated that in carrying out its function as a regulator on gambling control in Sabu Raijua Regency, the government has not carried out its duties properly. The government has not established a Regional Regulation on Gambling Control due to the low quality of human resources, the absence of participation from the community and the lack of availability of funds in Sabu Raijua Regency.

ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 65/PUU-XXI/2023 PERIHAL PENGUJIAN UNDANG-UNDANG NOMOR 7 TAHUN 2017 TERHADAP UNDANG-UNDANG DASAR 1945 TENTANG LARANGAN KAMPANYE DI TEMPAT PENDIDIKAN

2025-11-01T02:09:17+00:00

This study's objective is to investigate the ratio decidendi and legal implications of the Constitutional Court Decision Number 65/PUU-XXI/2023 concerning the constitutional review of Article 280 paragraph (1) letter h of Law Number 7 of 2017 on General Elections, particularly regarding the prohibition of campaigning in educational institutions. The Constitutional Court's ruling declared that the explanatory phrase of the article contradicts the 1945 Constitution and lacks binding legal force. This study uses a normative juridical approach and is analyzed qualitatively to reveal the Court's legal reasoning and its impact on the neutrality of educational institutions and legal certainty in election campaigns. The results show that the Court emphasizes the importance of maintaining the neutrality of educational spaces from practical political activities to protect the learning process and ensure justice and legal certainty in elections.

TUGAS DAN FUNGSI LURAH DALAM PELAYANAN PUBLIK DI KELURAHAN WERI, KECAMATAN LARANTUKA, KABUPATEN FLORES TIMUR

2025-11-01T02:09:17+00:00

This research was conducted in Weri Village, Larantuka District, East Flores Regency in July 2024 until completion. The formulation of the problem is: To what extent are the duties and functions of the Lurah in public services in Weri Village, Larantuka District, East Flores Regency and What are the factors that influence the duties and functions of the Lurah in public services in Weri Village, Larantuka District, East Flores Regency. The benefits of this research are to contribute to the development of science, especially in the field of Constitutional Law and input for the Weri Village government in carrying out public services. This research uses an empirical legal research method. The data collection techniques used are: Observation, Interviews and Literature Studies in the form of books, laws and regulations, journals and other written materials related to the research topic. The data analysis technique is that all information processed is analyzed using empirical legal methods according to the data obtained by paying attention to the theory, principles and legal rules related to the duties and functions of the Lurah in public services. Suggestions in this writing: The East Flores Regency Government needs to pay attention to the Weri Village organization and the community is expected to be more active in providing feedback regarding services in Weri Village.

PERAN KPU SUMBA BARAT DAYA DALAM MENINGKATKAN PARTISIPASI PEMILIH PEMULA PADA PEMILU TAHUN 2024 DI KECAMATAN KOTA TAMBOLAKA BERDASARKAN PKPU NOMOR 10 TAHUN 2018

2025-11-01T02:09:17+00:00

The purpose of this study is to examine the General Elections Commission's function of Southwest Sumba Regency in boosting involvement of first-time voters in the 2024 General Election in Kota Tambolaka District. As first-time voters, particularly those from Generation Z aged 17–21, play a strategic role in shaping the future of democracy in Indonesia, their active participation is crucial. However, low political awareness and limited access to voter education pose challenges. Using a qualitative legal research approach with empirical data collection methods, this study identifies the programs and strategies implemented by General Elections Commission's, such as voter education, school outreach, and social media campaigns. The findings reveal that although several efforts have been made, obstacles remain, including inadequate understanding of electoral processes among young voters and limited engagement strategies tailored to their interests. The study concludes that strengthening voter education and collaboration with educational institutions are essential to foster meaningful political participation among first-time voters.

KEWENANGAN KOMISI PEMILIHAN UMUM DALAM MENUNJANG HAK MEMILIH BAGI PENYANDANG DISABILITAS TERHADAP PEMILIHAN BUPATI KABUPATEN ALOR

2025-11-01T02:09:18+00:00

This study examines the authority of the General Election Commission in supporting the voting rights of voters with disabilities during the 2018 Alor Regency Election. The General Election Commission effectively fulfilled its role through close coordination with ad hoc bodies and other stakeholders, focusing on improving accessibility at polling stations and conducting inclusive outreach programs. However, the Alor Regency General Election Commission faced various challenges in enhancing accessibility for voters with disabilities, including voter data changes, geographical conditions, and family attitudes toward individuals with disabilities. Additionally, internal challenges included a lack of understanding among Polling Station Working Group officers and limited resources. Despite these obstacles, the participation of voters with disabilities in the election was relatively satisfactory. These findings highlight the importance of continuous evaluation, capacity-building at the local level, and stronger support to ensure more inclusive elections in the future.

PERAN DINAS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK, PENGENDALIAN PENDUDUK DAN KELUARGA BERENCANA KABUPATEN SUMBA TIMUR TERHADAP PERLINDUNGAN HAK PEREMPUAN DAN HAK ANAK

2025-11-01T02:09:18+00:00

His study aims to analyze the role and effectiveness of the Office of Women's Empowerment and Child Protection, Population Control, and Family Planning of East Sumba Regency in protecting the rights of women and children. The research is motivated by the persistent challenges faced by women and children, including gender-based violence, discrimination, and limited access to health, education, and legal protection, particularly in East Sumba, a region marked by traditional patriarchal culture and geographic isolation. Using a juridical-empirical method, data were collected through interviews and document studies involving key officials and community members. The results indicate that while the DP3AP2KB has implemented various programs and policies based on national and regional regulations, several inhibiting factors—such as limited budget, inadequate human resources, and lack of public awareness—have hampered the effectiveness of these initiatives. This study emphasizes the need for stronger institutional support, inter-agency collaboration, and community participation to enhance the protection and empowerment of women and children in the region.

ANALISIS YURIDIS PENJATUHAN PUTUSAN OLEH HAKIM TERHADAP PELAKU PEMALSUAN E-KTP PEMILIHAN UMUM

2025-11-01T02:09:18+00:00

This study examines the verdict in Case No. 105/Pid. Sus/2023/PN Kupang, in which Yan Quarius Bunga, a legislative candidate, was found guilty of falsifying an E-KTP to meet election requirements based on Article 520 of Law No. 7/2017 Concering on Elections and Article 55(1) of the Criminal Code. The judges highlighted the defendant's intent (dolus) and his position as a medeplegen (participant) in a structured scheme involving political elites, but imposed a light of 1 month probation and a small amount of fine, taking into account mitigating factors such as the defendant's cooperation and document revision. Critically, this verdict contradicts the maximum sanction stipulated by law, which is 6 years in prison, which has the potential to reduce the deterrent effect on election crimes. This study highlights the weaknesses of the system: (1) inadequate sanctions for organized crimes involving political actors, (2) failure to hold intellectual perpetrators (party officials) accountable, and (3) procedural errors, such as the return of the laptop used for falsification. Normative and empirical methods show tensions between retributive and restorative justice, with the verdict favoring rehabilitation over democratic integrity. The case reflects the paradoxical role of the judiciary in combating electoral fraud, highlighting the importance of coherent law enforcement to maintain public trust in democracy. Systemic legislative reforms to prevent identity fraud and strengthen electoral transparency are recommended, so that the democratic process does not become a mere administrative formality vulnerable to manipulation.

KESADARAN HUKUM MASYARAKAT DALAM PENDAFTARAN TANAH DI KECAMATAN ATAMBUA SELATAN KABUPATEN BELU

2025-11-01T02:09:19+00:00

This study examines the legal understanding of residents of South Atambua District, Belu Regency (NTT), regarding land registration using empirical legal methods. Through indicators of knowledge, understanding, attitude, and legal behavior, it was revealed that most respondents (62 heads of families in the sample) have basic knowledge about the importance of land certificates and the PTSL program, but their understanding of technical procedures, requirements, and costs is still very limited, especially among residents with low education (39% high school education, 31% junior high school education) and low income (average IDR 2.1 million per month). Although there is a positive attitude towards the obligation to certify (60 respondents agree), this is hampered by the view of complicated bureaucracy, high costs, and dependence on government programs. Behavioral patterns show that people comply with official procedures, but independent initiatives are still very few due to external factors (land disputes, economic factors) and also internal factors (limited human resources, slow bureaucracy). Structural challenges such as low legal literacy, a non-digital administrative system, and lack of socialization further exacerbate the lack of public knowledge.

ANALISIS PELAKSANAAN PENETAPAN ASAL USUL ANAK SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP ANAK DARI PERKAWINAN SIRI PADA PENGADILAN AGAMA KUPANG

2025-11-01T02:09:19+00:00

Determination of the origin of children from unregistered relationships at the Kupang Religious Court is an important step to ensure the identity, inheritance, and maintenance rights of children born from unregistered marriages. This study investigated the determination process by interviewing judges, court clerks, and six applicants, and analyzing secondary data. The findings show that the determination hearing process is carried out in two stages: identity verification and proof of unregistered marriage through witnesses, ending with the determination of the child's status as legitimate and biological. All respondents (100%) thought that the process was smooth, transparent, and affordable. However, there were several obstacles, including low public understanding of the determination procedure, lack of official marriage evidence (which requires isbat nikah), and difficulty in presenting valid witnesses due to the time gap since the unregistered marriage took place. Low participation in the socialization of the mobile court also worsened the situation. This study recommends collaboration between the court and the government in providing legal education, simplifying administration, and strengthening legal aid services (posbakum) to increase access. Thus, although the determination process is in accordance with the principles of justice, the protection of children from unregistered relationships still requires a comprehensive approach that focuses on legal literacy and cooperation between institutions.

PENEGAKAN HUKUM ATAS PENIPUAN DALAM JUAL-BELI BAHAN BAKAR MINYAK DI KABUPATEN BELU

2025-11-01T02:09:20+00:00

This study aims to analyze the gap between legal regulations and their practical implementation in fuel sales activities in Belu Regency, as well as to identify various obstacles that hinder the effective enforcement of criminal law against fraudulent actors in these activities. The approach used is an empirical juridical approach with qualitative descriptive methods, examining both the applicable laws and their enforcement in society, particularly concerning fraud practices in fuel distribution and sales. Data were collected through interviews with five attendants of Stasiun Pengisian Bahan Bakar Umum (SPBU), ten consumers, and informal fuel sellers, supported by literature review and relevant regulations. The findings reveal fraudulent practices such as manipulation of fuel volume, failure to reset dispensers to zero before filling, and resale of fuel by consumers. These actions constitute violations of Article 378 of the Indonesian Criminal Code (KUHP) concerning fraud, yet firm legal enforcement remains lacking. This study also identifies several barriers to effective law enforcement, including unclear legal provisions, limited resources of law enforcement officers, inadequate supporting infrastructure, low public legal awareness, and a cultural tendency to tolerate legal violations. Therefore, this study recommends strengthening law enforcement mechanisms and supervision systems to ensure fuel distribution and sales are conducted fairly, transparently, and responsibly.

PERTANGGUNGJAWABAN PIDANA BAGI PELAKU POLITIK UANG DALAM PEMILIHAN UMUM DI KABUPATEN LEMBATA PROVINSI NUSA TENGGARA TIMUR

2025-11-01T02:09:20+00:00

This study examines the use of money politics in Lembata Regency by emphasizing the legal responsibility of the perpetrators and preventive efforts by Bawaslu, the Police, and the Prosecutor's Office. Using a descriptive-analytical approach, data were obtained through interviews with the Lembata Bawaslu Secretariat Coordinator and relevant literature reviews. The research findings indicate that the management of money politics faces various complex challenges: (1) structural obstacles such as the perpetrators' escape, weak evidence of transactions, and ineffective coordination between institutions; (2) the shift in the practice of money politics from giving cash to project-based activities or social relationships that are difficult to suspect; and (3) the powerlessness of the Gakkumdu mechanism due to its reliance on unanimous consensus and strict administrative time limits. This study shows that law enforcement is hampered by the dualism of regulations (the Criminal Code versus the Election Law) and the influence of local political interests. Some recommended solutions include increasing investigative capacity utilizing technology, devolution of prosecutorial authority, public education for participatory supervision, and adjustments to general and specific criminal laws. Without comprehensive reform, law enforcement efforts in elections risk getting caught up in procedural formalities.

EKSISTENSI DAN FUNGSI LEMBAGA ADAT DALAM PENYELESAIAN SENGKETA ADAT DI DESA KAMBATA WUNDUT KECAMATAN LEWA, KABUPATEN SUMBA TIMUR DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

2025-11-01T02:09:20+00:00

This study explores the function of customary institutions in resolving customary conflicts in Kambata Wundut Village, East Sumba, using empirical methods including interviews, observations, and literature reviews. The findings of this study reveal that customary institutions such as Rato and Kabihu act as mediators in disputes over land, theft, and forest protection through deliberations based on local wisdom. Ceremonies such as Hamayang Kacua Utang and the Wai Humba Festival demonstrate the integration of Marapu spiritual values with ecological protection and cultural identity. Although functioning well as an alternative dispute resolution, customary institutions face challenges due to modernization, lack of regeneration of customary leaders, and inconsistency with national regulations (Law No. 6/2014). Limited community access to customary areas due to administrative expansion and low formal legal counseling make this system increasingly vulnerable. This study recommends strengthening the capacity of customary institutions, aligning government policies with local values, and revitalizing customs through intergenerational education. The sustainability of customary institutions not only protects cultural heritage but also supports socio-ecological justice amidst the changes that occur.

ANALISIS YURIDIS PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA ( Studi Kasus Putusan Nomor:227/Pid.Sus/2021/PN Kpg)

2025-11-01T02:09:21+00:00

This research aims to analyze the imposition of criminal law in deciding criminal cases againts perpetrators of domestic violence in Decision No: 227/Pid.Sus/2021/PN Kpg. The type of research used is normative research with a Literature study that collects legal materials such as laws and regulations, case decitions, and non-legal materials such as books and the internet. The primary, secondary, and tertiary legal data sources are used . Based on the research results, the sentence imposed in Decision no: 227/Pid.Sus/2021/PN Kpg is considered light and does not match the impact caused by the perpetrators actions, which resulted in the victim suffering injuries.

ANALISIS YURIDIS TERHADAP JUAL BELI AKUN DRIVER PADA LAYANAN TRANSPORTASI ONLINE DI KOTA KUPANG

2025-11-01T02:09:21+00:00

Technological advancements have driven the growth of the online transportation industry, which relies on virtual applications to facilitate services. However, misuse has emerged, such as the buying and selling of online driver accounts, particularly on the Maxim platform in Kupang City. This research is empirical, focusing on studying and analyzing data obtained from the research site. The aspects examined include the causes of the buying and selling of driver accounts in online transportation services in Kupang City and the legal consequences of such practices. The research findings indicate that: (1) The causes of the buying and selling of driver accounts in online transportation services in Kupang City include (a) Internal Causes: economic motivation, lack of legal awareness, and performance pressure. (b) External Causes: high market demand and intense competition among drivers. (2) The legal consequences of the buying and selling of driver accounts in online transportation services in Kupang City include permanent account blocking and blacklisting from Maxim's partner list. The researcher proposes the following recommendations: Maxim should review its bonus and incentive schemes for drivers, simplify the registration process for prospective driver partners with a faster, simpler, and more transparent procedure. Drivers should comply with application regulations and educate fellow drivers. Consumers should verify driver identities, remain cautious of fake accounts, and report suspicious accounts to the online transportation platform.

ANALISIS YURIDIS PERJANJIAN PRANIKAH DI INDONESIA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA

2025-11-01T02:09:21+00:00

This study analyzes the legal protection and implications of prenuptial agreements as regulated under the Indonesian Civil Code. Prenuptial agreements, which are created prior to marriage, serve as legal instruments that govern the division, management, and ownership of property between future spouses. Although their legal standing is acknowledged, the practical application of these agreements in Indonesia remains limited due to cultural stigma, insufficient public awareness, and the perception that such agreements contradict traditional values. This normative juridical research employs a statutory and analytical approach to examine relevant legal provisions, especially those found in the Civil Code, Law Number 1 of 1974 on Marriage, and the Compilation of Islamic Law. The findings indicate that while existing legal instruments provide a basis for regulating property relations through prenuptial agreements, they lack a comprehensive framework for addressing broader aspects such as economic rights, child protection, and spousal responsibilities. Moreover, there is an urgent need to reform and harmonize related regulations to enhance legal certainty and prevent future disputes. Strengthening legal literacy and promoting the social legitimacy of prenuptial agreements are also essential steps to ensure that these agreements function not only as protective legal tools but also as preventive mechanisms that contribute to household stability and justice in marriage.

FUNGSI BADAN PENDAPATAN DAN ASET DAERAH DALAM PENGAWASAN PENERIMAAN PAJAK KENDARAAN BERMOTOR DITINJAU DARI PERGUB NTT NOMOR 25 TAHUN 2022 TENTANG KEDUDUKAN, SUSUNAN ORGANISASI, TUGAS DAN FUNGSI SERTA TATA KERJA BADAN PENDAPATAN ASET DAERAH PROVINSI NTT

2025-11-01T02:09:22+00:00

The purpose of this research is to analyse the execution of the function of the Regional Revenue and Assets Agency of East Nusa Tenggara Province in overseeing Motor Vehicle Tax) revenue, as well as identifying inhibiting factors based on East Nusa Tenggara Governor Regulation Number 25 of 2022. The results showed that (1) Regional Revenue and Asset Management Agency East Nusa Tenggara Province has carried out the supervisory function through monitoring, evaluation, recommendations, and reporting, (2) but it has not been optimal due to low taxpayer awareness, the absence of standardised standard operating procedure, and limited facilities and infrastructure. Therefore, a strategy is needed to increase the effectiveness of the supervisory function and update technical policies as well as increase socialisation to the public in order to optimise revenue in the region.

TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA KEKERASAN ANTAR WARGA EKS TIMOR-TIMUR DAN WARGA LOKAL SECARA BERULANG-ULANG DI KABUPATEN KUPANG

2025-11-01T02:09:22+00:00

Recurrent violent conflicts between former East Timorese refugees and local communities in Kupang Regency (2005-2018) were caused by competition over economic resources, negative views, and identity issues after the 1999 referendum. This legal research investigates the causes and ways of resolving the conflict with a focus on Tanah Merah Village, Central Kupang—an area chosen because it has a long history of conflict and structural injustices that reflect the overall dynamics of the area. The methods used include structured interviews with stakeholders (sources: local residents, former refugees, traditional leaders, and the police) and secondary data analysis. The main findings highlight the causal factors that drive the conflict: high unemployment (especially among young people), limited legal insight, extortion practices, land disputes, and alcohol consumption that can trigger anarchic actions. Successful intervention measures include: (1) early prevention through security posts and legal education (reducing violence by 25% by 2022), (2) community-based mediation (with an effectiveness rate of 40% according to ELSAM 2021), and (3) strict enforcement of the law (Articles 170-182 of the Criminal Code). Policy recommendations include: regulating the sale of alcoholic beverages within a certain radius in conflict-prone areas, integrated job training programs for unemployed youth, and accelerating the customary land certification process to break the cycle of structural violence.

ANALISIS KRIMINOLOGIS TERHADAP PERJUDIAN BOLA GULING DI PASAR MINGGUAN RAJA DAN BOAWAE KABUPATEN NAGEKEO PROVINSI NUSA TENGGARA TIMUR

2025-11-01T02:09:22+00:00

This study examines the criminological factors underlying the high activity of rolling ball gambling in Pasar Mingguan Raja and Boawae, Nagekeo Regency, NTT. Qualitative empirical methods were applied through observation, interviews, and document analysis. The research findings revealed six contributing factors: (1) economic pressures such as poverty and unemployment; (2) market culture that makes gambling a common form of entertainment; (3) weak implementation of religious values; (4) lack of supervision and law enforcement due to limited human resources and geographical conditions; (5) low levels of education and legal awareness in society; and (6) the influence of a permissive environment (differential association). The countermeasures taken by the Boawae Police, such as counseling, patrols, raids, cooperation with community and religious leaders, and enforcement of Article 303 of the Criminal Code, have not achieved maximum results due to location mobility constraints, the existence of an early warning system from the perpetrators, low levels of community participation, and limited resources. In conclusion, an integrated holistic approach is needed, including consistent law enforcement, strengthening the economy, education, and revitalizing cultural and religious values.

ANALISIS PENERAPAN SANKSI ADAT TALA PADA PERKAWINAN ADAT DI DESA RANGGI KECAMATAN WAE RI’I KABUPATEN MANGGARAI

2025-11-01T02:09:23+00:00

This study explores the customary tala sanctions applied in traditional Manggarai marriages in Ranggi Village, Manggarai Regency, using an empirical approach through interviews and literature analysis. Tala is a customary fine imposed for the cancellation of a customary marriage that has not been officially registered (either by the state or religion) or for premarital sexual relations. The purpose of tala is to restore women's dignity (molas kole) and end kinship relations (woe nelu) in an honorable manner (pedeng kole roto). The stages in this process consist of: (1) a visit from the woman to the man's family, (2) customary deliberation (lonto leok) to determine the amount of the fine, and (3) submission of sanctions (leso tala) in the form of money (average Rp. 40 million) or animals. Several factors that cause this include neglect of responsibility (for example: rejection of children), communication problems, violation of customary norms, and unpreparedness to start a family. Although this is contrary to the principle of marriage permanence regulated in Law No. 1/1974, tala remains relevant as a form of restorative justice that maintains social balance, women's dignity, and shared responsibility amidst the tide of modernization.

STRATEGI KOMISI PEMILIHAN UMUM KABUPATEN MANGGARAI DALAM MENINGKATKAN PARTISIPASI PEMILIH DALAM PEMILIHAN UMUM TAHUN 2024

2025-11-01T02:09:23+00:00

This study examines the efforts of the General Election Commission of Manggarai Regency to increase voter turnout for the 2024 Election through fact-based legal strategies. Data were gathered via interviews and document analysis at the KPU Manggarai office. The study identified six key steps: (1) technological voter data management (WhatsApp, Sidalih); (2) inclusive registration (e-KTP access, Voting Rights Guard Post); (3) diverse socialization channels (Goes to School/Campus, social media, billboards); (4) political education targeting new voters, women, and persons with disabilities; (5) creative programs (e.g., Colour Run) and inter-institutional collaboration; and (6) accessible polling stations (facilities for the elderly and disabled, Braille templates). Despite these efforts, four main obstacles emerged: (a) limited human resources (Pantarlih competence); (b) infrastructure issues (road access, polling station shortages, weak electricity/network); (c) unbalanced budget allocation (only 0.35% or IDR 161 million for socialization out of IDR 45.3 billion); and (d) suboptimal participation (average 75.36%, below the 80% national target). Gaps between electoral districts (lowest in District 3: 73.39%) and minimal DPK/DPTb usage highlight persistent challenges related to geography, administration, and resource limitations.

FUNGSI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI NTT DALAM PEMBERDAYAAN MASYARAKAT SEBAGAI TENAGA KERJA LOKAL

2025-11-01T02:09:23+00:00

This research examines the role of the Department of Manpower and Transmigration of East Nusa Tenggara Province in empowering the community as local labor. Using an empirical juridical approach, this study explores how the department formulates and implements labor and transmigration policies, including the evaluation and reporting functions, as well as additional tasks assigned by the governor. Findings show that while several initiatives such as training programs, skill development, and cooperation with vocational institutions have been implemented, significant obstacles hinder their effectiveness. These include limitations in human resources, inadequate infrastructure, and insufficient budget allocations. Moreover, the quality of training often fails to meet the actual needs of local workers, and many potential beneficiaries remain uninvolved or unaware of existing empowerment programs. The study suggests that a more targeted, participatory, and well-supported approach is needed to improve the capacity and competitiveness of local labor in East Nusa Tenggara.

RITUAL HAI NIKI (BUANG PANAS) DITINJAU DARI ASPEK HUKUM PIDANA

2025-11-01T02:09:23+00:00

This research discusses the practice of Hai Niki, a post-circumcision ritual performed by the Atoni Pah Meto indigenous community on Timor Island. In this ritual, newly circumcised men are required to have sexual intercourse with women who are not their legal partners as part of the healing and purification process according to local beliefs. Although considered sacred in the local culture, this practice raises legal, ethical and human rights issues, especially because it places women as sexual objects without full control over their bodies. Using an empirical juridical approach, this research explores data through interviews with traditional leaders, perpetrators, and women involved. The results show that this ritual has the potential to violate national criminal law, including adultery, trafficking, and the protection of women and children. This research highlights the tension between customary law and formal state law. Therefore, a responsive and transformative legal approach is needed by emphasising the importance of legal awareness, gender equality education, and human rights protection, without ignoring local cultural identity.