Petitum Law Journal

ANALISIS PERLINDUNGAN HUKUM TERHADAP INVESTOR DAN BROKER FOREX (FOREIGN EXCHANGE) DALAM PRAKTIK TRADING FOREX ONLINE DI INDONESIA

Sergius Utusan Kudus — 2024-10-01

This study aims to examine the legal aspects and protections provided to investors and forex brokers in the practice of online forex trading in Indonesia. The primary legal framework governing forex trading in Indonesia is Law No. 10 of 2011, which amends Law No. 32 of 1997 on Commodity Futures Trading. Although this law does not explicitly mention forex, forex trading falls under the category of derivative contracts as it involves transactions based on the fluctuation of currency exchange rates. This research employs normative legal methods to analyze the relevant regulations. The findings indicate that the Indonesian legal framework offers comprehensive protection to investors and brokers engaged in forex trading. Key protections include strict supervision by the Commodity Futures Trading Regulatory Agency (Bappebti), requirements for the segregation of client funds, prohibitions against market manipulation, and stringent licensing requirements. Additionally, the law provides structured procedures for dispute resolution to ensure fairness and efficiency in resolving conflicts. Both administrative and criminal sanctions are imposed to ensure compliance and integrity in the forex trading market. The existence of Bappebti’s regulations, such as the Electronic Customer Acceptance Regulation in Commodity Futures Trading, further enhances the safety and reliability of online forex trading. Overall, Indonesia's regulatory framework establishes a secure and transparent environment for online forex trading, safeguarding the interests of all parties involved. This ensures that both investors and brokers can engage in trading activities with greater confidence, knowing that robust legal protections are in place.

KEDUDUKAN DAN FUNGSI DEWAN PERTIMBANGAN PRESIDEN DALAM SISTEM KETATANEGARAAN REPUBLIK INDONESIA MENURUT UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Gladys Chyntia Malo — 2024-10-14

This research highlights the influence and benefits of the Presidential Advisory Council (Wantimpres) in the effectiveness of presidential decision-making. In the context of political communication, effectiveness is not only determined by the speed of decisions but also by the accuracy in explaining to the public. This research focuses on three main points: (1) The position of Wantimpres in the constitutional system of the Republic of Indonesia according to the 1945 Constitution, (2) The urgency of Wantimpres in the constitutional system, and (3) The function of Wantimpres in the constitutional system according to the 1945 Constitution. The research method used is normative juridical with a literature approach. The research results show: (1) Wantimpres has limited authority with advisory powers that are recommendatory and not mandatory for the President to implement, (2) The lack of executive authority of Wantimpres reduces its effectiveness in influencing public policy, and (3) The strategic function of Wantimpres often overlaps with other institutions and lacks transparency and accountability, while its advice can be ignored without clear legal or political consequences.

ANALISIS PERLINDUNGAN HUKUM TERHADAP NASABAH PENGGUNA INTERNET BANKING PADA BANK BRI

Samson Ratuloli — 2024-10-20

This research aims to analyze the legal protection for customers using internet banking services at Bank BRI in Indonesia. This topic is important because, to date, there are no specific regulations that explicitly govern the rights of internet banking users. This research focuses on two main questions: how legal protection is provided to internet banking customers at Bank BRI, and what challenges are encountered in the implementation of such legal protection. The research method used is normative, with a legislative approach to relevant laws and regulations, such as Law No. 10 of 1998 on Banking, Law No. 8 of 1999 on Consumer Protection, as well as regulations from the Financial Services Authority (OJK) and Bank Indonesia, which govern customer data security and digital banking services. The research results show that Bank BRI has implemented preventive legal protection measures, such as security policies, customer education, and security technologies like Secure Socket Layer (SSL). However, significant challenges in providing legal protection to customers include the complexity of regulations related to cybercrime and the lack of law enforcement that adapts to new technological developments, such as artificial intelligence (AI) and blockchain. Cross-border jurisdiction also becomes an obstacle in handling cybercrime cases. Additionally, the lack of customer education on cybersecurity increases the risk of attacks, while cyber threats continue to evolve with increasingly sophisticated methods. This research is expected to contribute to the development of more effective legal protection regulations for internet banking customers.

TINJAUAN YURIDIS TERHADAP TANDA BUKTI HAK SEBAGAI PETUNJUK KEPEMILIKAN HAK ATAS TANAH (STUDI PUTUSAN PENGADILAN NOMOR 41/PDT.BTH/2019/PN KUPANG)

Anna Xaveria Ekaputri Wungo — 2024-10-20

Land disputes in Indonesia often give rise to complex legal problems, especially those related to certainty of ownership of land rights. This research aims to analyze the strength of evidence in the land dispute between CF as the plaintiff and LT as the defendant, based on Court Decision Number 41/PDT.BTH/2019/PN Kupang. This case involves land located in Oepura Village, Kupang City, which is claimed as inheritance by both parties. The research method used is normative juridical research with a case approach. Data was obtained through literature study and analysis of documents submitted in the trial. The evidence examined includes Certificates of Ownership Rights, Land Reform Letters, as well as various previous court decisions. The research results showed that the evidence submitted by the plaintiff, even though it included formal documents such as Certificates of Ownership and Supreme Court Decisions, was considered not clear enough in describing the boundaries of the disputed land. On the other hand, the evidence presented by the defendant, including previous court decisions and executorial letters, is considered stronger because it shows continuity of ownership and legal validity. The conclusion of this research is that in land disputes, the court not only considers formal documents such as land certificates, but also the clarity of the land object in dispute. The strength and consistency of evidence is the main factor in determining the direction of the court's decision. In this case, the court sided with the defendant because the evidence presented was stronger and supported the land ownership claim.

EFEKTIVITAS PENERAPAN ASAS LANGSUNG, UMUM, BEBAS, RAHASIA, JUJUR, DAN ADIL DALAM PENYELENGGARAAN PEMILIHAN UMUM ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) KOTA KUPANG TAHUN 2024

Markus Fallo — 2024-10-20

This study examines the implementation of the principles of direct, general, free, secret, honest, and fair elections (LUBER JURDIL) in the 2024 elections for the Regional People's Representative Council (DPRD) of Kupang City. This research uses an empirical legal method with interviews as the primary data source conducted at the Election Commission (KPU), Election Supervisory Body (BAWASLU), and Kupang City Police Department. The findings indicate that the implementation of LUBER JURDIL in Kupang City has generally been effective, although several challenges such as lack of voter education, logistical delays, vote-buying, and voter data manipulation were encountered. Additionally, low voter participation hinders efforts to achieve fair and democratic elections. This study proposes increasing voter education and outreach, strengthening the integrity of election organizers, and fostering collaboration among relevant institutions to ensure a more transparent, accountable, and credible election process.

TANGGUNG JAWAB DINAS PERTANIAN KOTA TERHADAP BEREDARNYA DAGING BABI YANG DIJUAL DI JALANAN DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Apdon Mata — 2024-10-20

This research analyzes the responsibilities of the Kupang City Agriculture Service regarding the distribution of pork sold on the streets, by referring to Law Number 8 of 1999 concerning Consumer Protection. The focus of the research is to identify the steps taken by the Department of Agriculture to ensure the safety and quality of pork in circulation, as well as its impact on public health. The method used in this research is an empirical legal research method, involving interviews with related parties and field observations. The results of the research are to determine the form of legal protection for pork consumers in Kupang City and the efforts of the Kupang City Agriculture Service to protect consumers. Even though the Department of Agriculture has made monitoring efforts, there are still weaknesses in implementing regulations and educating traders. This research recommends the need to increase cooperation between agencies and outreach programs to increase awareness of traders and consumers regarding the importance of food safety.

PROSEDUR PENYITAAN BARANG BUKTI TINDAK PIDANA PENGGELAPAN OLEH PENYIDIK KEPOLISIAN SEKTOR KELAPA LIMA SERTA KENDALA-KENDALA DALAM PROSES PENYITAAN SEBAGAI TOLAK UKUR TINGKAT KEPERCAYAAN MASYARAKAT KEPADA INSTITUSI POLRI

Nyongky D Nalle — 2024-10-23

The crime of embezzlement of motor vehicles that occurs in Kupang City is influenced by several factors in general, one of which is economic factors. For example, in a case with the number: LP/217/X/2022/Sektor Kelapa Lima. Based on the results of the investigation, the evidence was successfully identified, but there was no follow-up in the form of forcibly taking evidence from the possession of the dealer to be secured by the Kelapa Lima sector police on the grounds that they had not obtained a permit to confiscate evidence from the Court. However, after obtaining a permit from the Court, the Kelapa Lima sector police did not confiscate evidence on the grounds of lack of personnel. Article 38 of the Criminal Procedure Code has expressly stated that confiscation can only be carried out by investigators with a permit from the chairman of the local court. It should have been carried out with a permit from the chairman of the confiscation court. The application of a rule of law is one of the systems that must be carried out to realize a legal goal itself, namely achieving justice, utility, and legal certainty. Legal certainty can be applied in the confiscation of evidence in a criminal act.

PERLINDUNGAN PRA PENEMPATAN CALON PEKERJA MIGRAN INDONESIA OLEH DINAS TENAGA KERJA DAN TRANSMIGRASI KOTA KUPANG MENURUT UNDANG-UNDANG NOMOR 18 TAHUN 2017 TENTANG PERLINDUNGAN PEKERJA MIGRAN INDONESIA

Oskar Nomphi Michael Dethan — 2024-10-28

This research focuses on the legal protection of Indonesian Migrant Workers (PMI) in the pre-deployment phase, as implemented by the Department of Manpower and Transmigration of Kupang City in accordance with Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers. The study aims to comprehensively understand the legal protection applied during the pre-deployment phase and identify the obstacles faced in its implementation. Using an empirical legal approach and direct interviews with Department staff and prospective PMI registered in the SIAPKERJA application, the research explores the administrative and technical processes conducted by the Department. The findings reveal that the Department strives to provide comprehensive protection through document validation, training, and interagency coordination. However, challenges such as limited training facilities, insufficient socialization at the village level, and the negative role of brokers still persist. Cooperation between local government and related institutions, such as BP3MI, is crucial to achieving optimal protection for prospective migrant workers. These findings offer recommendations for improving the protection mechanisms for migrant workers in the future.

ANALISIS YURIDIS TERHADAP PERJANJIAN KREDIT TANPA AGUNAN SEBAGAI SALAH SATU ALTERNATIF PENDANAAN UMKM (USAHA MIKRO, KECIL DAN MENENGAH) DI INDONESIA

Romana Ratu Dara — 2024-10-31

This study aims to conduct a legal analysis of unsecured loan agreements (KTA) as an alternative financing option for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia. KTA has become one of the most widely used financing instruments by MSMEs because it does not require physical collateral from borrowers. However, despite providing easier access to financing, there are several challenges in its implementation, particularly related to the risk of non-performing loans and the legal protection for both parties. This research employs a normative legal approach by examining banking regulations governing KTA agreements and the responsibilities of banks in their execution. The analysis focuses on provisions in banking laws that regulate transparency, fair interest rates, and dispute resolution mechanisms. In addition, the study highlights the role of banks in conducting thorough credit risk assessments and the importance of educating MSME borrowers on sound financial management. The findings of this study indicate that KTA can be an effective solution for supporting the growth of MSMEs in Indonesia, provided that the agreements are implemented in accordance with applicable regulations. The conclusions emphasize the importance of enhancing compliance with banking regulations and transparency in providing information to borrowers. Improved consumer protection and credit risk management are also critical steps to ensure the sustainability of KTA as a financing instrument for MSMEs.

PENEGAKAN HUKUM LINGKUNGAN DALAM PENGELOLAAN SAMPAH DI PASAR WOLOWONA KELURAHAN REWARANGGA SELATAN KECAMATAN ENDE TIMUR KABUPATEN ENDE

Maria M S Bambut — 2025-01-21

The issue of waste management in Indonesia, particularly in Ende Regency, remains a significant challenge that threatens environmental quality and public health. Population growth and economic activities that are not balanced with adequate waste management lead to various negative impacts, such as environmental pollution, soil degradation, and health problems. This study aims to analyze law enforcement in waste management at Wolowona Market, Ende Regency, by focusing on the implementation of Ende Regency Regional Regulation No. 8 of 2014 on Waste Management. The method used is empirical research, with primary data obtained through interviews and observations. The results show that law enforcement in waste management at Wolowona Market is still suboptimal, marked by insufficient supporting facilities, low public awareness, and weak legal actions against violations. Efforts such as socialization, community service, and inter-agency collaboration have been carried out, but limitations in human resources, budget, and coordination remain major obstacles. This study recommends enhancing law enforcement, including strict administrative sanctions, provision of adequate facilities, and intensive public awareness campaigns. Collaboration between the government, community, and business actors is also key to creating more effective and sustainable waste management that supports environmentally sound development.

PERTANGGUNGJAWABAN TERHADAP PERBUATAN MELAWAN HUKUM INGKAR JANJI MENGAWINI (KUHPerdata DAN YURISPRUDENSI MA No. 3191 K/Pdt/1984)

Anisa Yuliana — 2025-01-22

Legal responsibility for breaking a promise to marry is by filing a civil lawsuit for an unlawful act to the district court where the defendant is domiciled, then waiting for the results of the trial in the district court. And from the results of the trial a court decision will emerge which can be in the form of the lawsuit being granted, the lawsuit being rejected or the lawsuit not being accepted. And the limits of liability in the unlawful act of breaking a promise to marry are limited to what is stated in the Decree and the Defendant's movable and immovable assets. In this regard, the aim of this research is to find out the legal responsibility for breaking a promise to marry and the limits of liability. The research method used in this research is Normative Law. Normative research uses library materials as a source of research data, or also called library research, a method used to collect data from various literature. The results of this research are to find out the intended purpose, namely that there is still a lack of accountability for the act of refusing to marry and there is no clear accountability for the perpetrator of the default.

PERLINDUNGAN HUKUM TENAGA KERJA DI KOPERASI BONGKAR MUAT PELABUHAN TENAU KUPANG BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

Stefania M Dena — 2025-02-10

The objective of this research is to examine the legal protection afforded to the welfare and safety of loading and unloading workers (TKBM) in the TKBM Cooperative of Tenau Port Kupang, and the obstacles experienced in its implementation. Empirical legal research methodology is employed, whereby applicable legal provisions are analysed alongside real-time observations of the field. The findings of this research indicate that the legal protection of TKBM at Tenau Kupang Port is in accordance with Law Number 13 of 2003 concerning Labour. The protection encompasses working time, rest time, work safety, and the provision of Personal Protective Equipment (PPE) to minimise the risk of accidents. However, the implementation of these measures is hindered by several factors. These include wage uncertainty, which is dependent on the frequency of ship arrivals, the wage gap between containers and bulk containers, and a lack of awareness regarding the importance of PPE use. Furthermore, inclement weather, damage to transport equipment, and instances of thuggery pose additional challenges to the protection of TKBM's welfare and safety. Not with standing these challenges, the cooperative has introduced BPJS Employment, which provides work accident insurance and old age insurance for workers.as the ‘milk fallacy’ or if it will change the face of the case law as it currently stands.

IMPLEMENTASI E-GOVERNMENT BAGI KETERBUKAAN INFORMASI PUBLIK MELALUI WEBSITE PEMERINTAH KABUPATEN MANGGARAI

Walburga Nofri Guntur — 2025-02-27

This article analyzes the implementation of public information disclosure through the website of the Manggarai Regency Government, in terms of the principle of openness in state administration law. This research also identifies the obstacles and impacts of public information disclosure implementation on local government accountability. The research method used is empirical law with a juridical and qualitative approach. Primary data was collected through interviews and questionnaires from officials of the Communication and Information Office and the public who access the website. Secondary data was obtained from literature review, laws and regulations, website documentation, and related research reports. The results show that the implementation of public information disclosure has not been optimal. The quality of information and website updates need to be improved, not fully fulfilling the principles of openness. The internal obstacles are limited human resources and lack of coordination between OPDs. External barriers are inadequate technological infrastructure and low public awareness of public information disclosure. As a result, government accountability is affected, public trust decreases, and there is potential for disinformation and cyber security threats.

PERSPEKTIF DEWASA MENURUT HUKUM ADAT SUKU DAWAN

Alicia Chalista Un — 2025-02-27

The determination of a person's maturity as a legal subject fundamentally affects their ability to act according to the law. The criteria for adulthood serve as one of the determinants of legal capacity, which is explicitly stated in Article 1330 of the Civil Code. Therefore, positive law provides a specific age benchmark to assess a person's maturity, unlike Dawan customary law, which does not set a specific age but has its own evaluation adjusted to their social order and way of life as Dawan indigenous people. The issues addressed in this journal are: (1) What are the criteria for adulthood for an individual according to Dawan customary law? And (2) What is the process of maturation according to Dawan customary law? This research is empirical, involving observations of the various patterns of life within Dawan society. Data processing is conducted through various identification and analysis methods, leading to conclusions. The results of this study indicate that the criteria for adulthood according to Dawan customary law can be seen through three provisions: assessed based on an individual's biological growth, evaluated based on their ability to perform certain activities, and judged by changes in behavior. The determination of maturity for both males and females are differentiated according to their social order.

TINJAUAN YURIDIS PERUBAHAN NAMA SESEORANG PADA AKTA KELAHIRAN BERDASARKAN PERATURAN PRESIDEN NO/ 96 TAHUN 2018 TENTANG PERSYARATAN DAN TATA CARA PENDAFTARAN PENDUDUK DAN PENCATATAN SIPIL DI PENGADILAN NEGERI ATAMBUA

Veni Mariadi Benu — 2025-03-08

This article analyzes the change of a person's name on a birth certificate based on presidential regulation no. 96 of 2018 in the Atambua district court. A person's name is an important factor in his identity as a subject, while a birth certificate is the first population document obtained by the community since his birth which contains his name and other identities. The change of a person's name on a birth certificate becomes an important matter that should be seen in terms of implementation procedures, obstacles to implementation and legal consequences, which are formulated into problems in the research as follows: (1) What are the implementation procedures for changing one's name on a birth certificate at the Atambua District Court based on Presidential Regulation Number 96 of 2018 concerning Requirements and Procedures for Population Registration and Civil Registration (2) What are the inhibiting factors in changing one's name on a birth certificate quote (3) What are the legal consequences of changing one's name on a birth certificate at the Atambua District Court. This research is empirical juridical in nature which requires primary data sources or field research which requires interview methods and document studies. The results of the study said that the implementation of a person's name change on a birth certificate at the Atambua District Court was slightly different from Presidential Regulation No. 96 of 2018 but still followed the existing requirements, the most obstacles in its implementation were low education, procedures that were considered difficult and the non-acceptance of applications at the Court. The legal consequences are legal certainty and multiple identities.

KAJIAN KRIMINOLOGIS TERHADAP PEKERJA MIGRAN INDONESIA (PMI) DI KABUPATEN KUPANG YANG MEMILIH JALUR ILEGAL UNTUK BEKERJA DI LUAR NEGERI

Zafira Amalia Putry — 2025-03-08

This research aims to analyze the factors that cause Indonesian Migrant Workers (PMI) in Kupang Regency to choose illegal routes to work abroad, the impacts experienced by illegal PMI if they become victims abroad, as well as countermeasures taken by the government to prevent PMI from choosing illegal routes. The research method used is empirical juridical with a case and conceptual approach. Data was collected through interviews, observation and document study. The research results show that the main factors for PMI choosing the illegal route are the faster and easier departure process, as well as their low level of education which makes them vulnerable to the persuasion of brokers. Illegal PMI do not receive the legal, economic, social and health protection that should be their right. The impacts experienced include violence, exploitation and lack of guarantees of safety. Mitigation efforts carried out by the government include promoting safe migration, collaborating with religious and community institutions, as well as increasing supervision and legal protection. The conclusion of this research is the importance of increasing public awareness about the risks of working through illegal channels and the need to improve the government's system of protecting and placing PMI. The advice given is for PMI candidates to ensure registration through legal channels to get proper protection.

FUNGSI PARTAI POLITIK DALAM PENDIDIKAN POLITIK BAGI KAUM MUDA DI KABUPATEN SUMBA BARAT DAYA DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2011 TENTANG PARTAI POLITIK

Adrianus A Kota — 2025-03-17

This study aims to analyze the function of political parties in providing political education to young people in Southwest Sumba Regency based on Law Number 2 of 2011 concerning Political Parties. Political parties have a strategic role in creating political awareness and increasing the political participation of the younger generation through education, socialization, and political training. In addition, this study also aims to find out and analyze the factors that inhibit the implementation of political party functions in political education for young people. This research is expected to contribute ideas to political parties in Southwest Sumba Regency in carrying out their functions and responsibilities in political education for young people. This research uses a normative juridical method with a legal approach and is supported by empirical studies through interviews with local political party administrators and youth. The research data is sourced from primary, secondary, and tertiary data collected through interview, observation, and literature study techniques. The results of the study show that (1) political parties need to improve political education, socialization, supervision, and cooperation with the community, especially young people, in order to be more effective in providing an understanding of politics. (2) Factors that hinder the implementation of political party functions in political education include ineffective communication, low awareness of young people to participate in politics, political socialization is still minimal, and lack of involvement between political parties and institutions related to political education. Therefore, efforts are needed to strengthen the role of political parties in political education through more structured and sustainable programs in accordance with the mandate of Law Number 2 of 2011 concerning Political Parties.

A ANALISIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN DAN TANGGUNG JAWAB PT. PLN (PERSERO) DALAM PENCATATAN KWH METER LISTRIK DI KOTA KUPANG DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Yunita Berlian Seseli — 2025-03-17

Indonesia is a state governed by law, prioritizing legal principles in all aspects of national life. One effort to uphold this principle is the development of legal frameworks to ensure justice, legal certainty, order, and a law-conscious society. Upholding the rule of law and justice is rooted in Pancasila and the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as UUD 1945), which emphasizes human rights and guarantees equality for all citizens before the law and government without exception. Legal protection for consumers is a fundamental issue in public services, including electricity provision. This study focuses on the recording of kilowatt-hours meters by PT. PLN (Persero) in Kupang City, which often experiences inaccuracies that may disadvantage consumers. This study employs an empirical juridical approach, with primary data obtained through interviews and observations, and secondary data gathered from literature reviews. The findings reveal that (1) inaccuracies in kilowatt-hours meter recording frequently occur due to human errors, device malfunctions, and system weaknesses, causing financial losses to consumers. (2) PT. PLN is responsible for correcting errors, providing compensation, and improving the recording system. Recommendations include enhancing recording accuracy, replacing defective devices, and educating consumers about their rights. Implementing more effective legal protection is expected to increase consumer trust in electricity services.

PROSES GANTI RUGI LAHAN BENDUNGAN TEMEF KABUPATEN TIMOR TENGAH SELATAN DITINJAU DARI UNDANG-UNDANG NOMOR 2 TAHUN 2012 TENTANG PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM

Andry Samuel Manafe — 2025-03-17

The practice of land acquisition for the public interest, especially the construction of the Temef Dam, has caused problems between the government and the community, especially in terms of land acquisition. Starting from compensation for the land that has been acquired and the time of land acquisition or relocation of the community. The implementation of land acquisition for public interest often experiences obstacles and challenges. The application of a fair compensation mechanism in the construction of Temef Dam in South Central Timor Regency is important considering the potential for conflict that can arise between the landowner community and the government. These conflicts can arise due to various factors, such as disagreements over compensation values, late payments, or lack of information provided to the community. Therefore, the principles stated in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, such as transparency, justice, and consensus, must be implemented properly so that the land acquisition process can take place peacefully and meet the interests of all parties. These inhibiting factors illustrate some of the fundamental challenges that often arise in land acquisition projects, especially in the context of the Temef Dam construction. The discrepancy in compensation values is one of the biggest factors that triggers community objections. Local communities often feel that the compensation offered does not reflect the market value or potential economic benefits of their land, especially for land used for agriculture or other productive economic activities.

KAJIAN YURIDIS TENTANG ZAAKWAARNEMING DAN PENERAPAN HUKUMNYA DALAM PUTUSAN NOMOR 1574K/Pdt/2011 MENURUT KUHPERDATA

Novita A L Dopo — 2025-03-17

Zaakwarneming is a voluntary agreement without any order to that effect. In decision Number 1574 K/Pdt/2011 there is an oral agreement between the Bekasi city government and Pt. Hilma Genractor which causes zaakwarneming. The problem formulation of this research is: (1) Is the spirit of zaakwaarneming legal according to the Civil Code? (2) Is verbal agreement proposed the defendant/applicant for cassation in the case of decision Number 1574 K/Pdt/2011 is categorized as a zaakwaarneming legal act? (3) How is the zaakwarneming law applied in decision Number 1574 K/Pdt/2011? This research uses a normative research method, namely research that examines the literature on primary, secondary and tertiary legal materials related to zaakwarneming. The results of the researchs how (1) Legal Spirit forgets the value of being a support in making laws. Therefore, the legal spirit of zaakwarneming according to the Civil Code is the legal principle of kaptuhan and the legal principle of freedom of contract (2) The verbal agreement in decisioncase Number 1574 K/Pdt/2011 cannot be categorized as a legal act of zaakwarneming, because the land clearing work was carried out by the plaintiff is not in the work contract so it does not fulfill the requirements of an agreement in Article 1320 of the Civil Code (3) considerations for the public interest and verbal agreement made by the defendant, thus the plaintiff carried out work outside the contract in good faith.

EFEKTIVITAS PELAKSANAAN PERATURAN DAERAH KOTA KUPANG NOMOR 4 TAHUN 2019 TENTANG RENCANAN INDUK KEPARIWISATAAN KOTA TAHUN 2019-2025 DI PANTAI NUNSUI OESAPA DALAM UPAYA MENINGKATKAN PENDAPATAN ASLI DAERAH KOTA KUPANG

Paulinus Armando Awa — 2025-03-17

In Kupang City, the implementation of regional regulations on tourism development on Nunsui Oesapa beach has not been carried out properly. Community empowerment and the development of public infrastructure, public facilities, and tourism facilities have not been carried out optimally in accordance with applicable regulations. In order to optimize income from tourism on Nunsui Oesapa beach, by building adequate public infrastructure, public facilities, and public facilities as well as good community empowerment. The results of this study show that: (1) The effectiveness of Kupang City Regional Regulation Number 4 of 2019 concerning the City Tourism Development Master Plan for 2019-2025 at Nunsui Oesapa Beach in an effort to increase the original income of Kupang City has not been effective, (2) The contribution of income from Nunsui Oesapa beach tourism has not contributed well and (3) Factors that hinder the effectiveness of the implementation of Kupang City Regional Regulation Number 4 of 2019 concerning the City Tourism Development Master Plan for 2019-2025 at Nunsui Oesapa Beach in an effort to increase the original income of the Kupang City area, namely legal implementation factors, facilities and infrastructure factors, land ownership factors, and lack of promotional factors.

PERTANGGUNGJAWABAN PIDANA TERHADAP KARYAWAN PELAKU TINDAK PIDANA PENGGELAPAN UANG DI PERUSAHAAN PT. ANEKA NIAGA DI KOTA KUPANG

Yosefina Sarlin Nenobais — 2025-03-17

This research discusses criminal responsibility and the application of legal sanctions against an employee of PT Aneka Niaga in Kupang City who was involved in the criminal act of embezzling company funds. This case involves AAF, an employee authorized to collect payments from customers in Rote and Sabu Districts, who misused funds amounting to IDR 135,568,090 for personal interests, including online gambling. This research uses empirical juridical methods with an empirical legal approach, analyzing legal provisions in Articles 372-376 of the Criminal Code (KUHP), Law no. 31 of 1999 concerning Eradication of Corruption Crimes, and Law no. 13 of 2013 concerning Employment. The findings show that the perpetrator fulfills the elements of embezzlement in a position of trust as regulated in Article 374 of the Criminal Code, which includes the existence of the perpetrator, the ability to be held accountable, malicious intent, and no justification. Although the perpetrator was also involved in online gambling, the judge decided to impose a sentence based on the embezzlement charge, imposing a prison sentence of 2 years and 6 months, while considering online gambling as an aggravating factor. This research concludes that law enforcement needs to be increased more firmly and proportionally to create a deterrent effect, and companies must strengthen internal supervision to prevent abuse of authority by employees.

TINJAUAN YURIDIS PERBUATAN MELAWAN HUKUM TERHADAP OBJEK SENGKETA TANAH PEKARANGAN DI DESA IKAN TUANBESI KABUPATEN MALAKA (STUDI KASUS PUTUSAN NOMOR 35/PDT.G/2023/PN ATB)

Fransiska Tao — 2025-03-17

An unlawful act is any action that causes harm to another person, requiring the guilty perpetrator to compensate for the losses incurred. Acts against the law are regulated in Article 1365 of the Civil Code. In the land dispute case based on District Court Decision Number: 35/Pdt.G/2023/PN Atb, considering the lawsuit dated 31 July 2023 which was received and registered at the Registrar's Office of the Atambua District Court on 01 August 2023 where the Defendant committed an act of defiance without having valid evidence, Defendant I to Defendant III acted unlawfully and forcibly seized and controlled part of Maria Tay's land covering an area of approximately 82 km. M2. This research aims to determine the arguments of the parties involved in Decision Number 35/Pdt.G/2023/PN Atb and the judge's considerations in Decision Number 35/Pdt.G/2023/PN Atb. The type of research used is normative research with the research materials used being primary and secondary legal materials. The legal material analysis method is carried out using descriptive and qualitative analysis. The results of this research are (1) The plaintiffs argued that they had rights to the land based on continuous possession, building a house, and paying taxes. On the other hand, the Defendant stated that based on the matrilineal system and customary law, the land belonged to them as a family inheritance, and they rejected the Plaintiff's claim which was deemed to have no clear legal basis. (2) Based on decision Number 35/PDT.G/2023/PN. Atb and the considerations presented by the Panel of Judges, the lawsuit submitted by the Plaintiff was declared inadmissible (Niet Ontvankelijke Verklaard) because there was ambiguity in the lawsuit, both in terms of subject, object and the arguments put forward. This lawsuit contains uncertainties that cause doubts in the evidence, especially regarding land ownership status, land area, and the boundaries of the land in dispute.

EFEKTIVITAS PENANGANAN DAN PERLINDUNGAN ORANG DENGAN GANGGUAN JIWA OLEH DINAS KESEHATAN KABUPATEN MANGGARAI BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2014 TENTANG KESEHATAN JIWA

Paulinus Afra — 2025-04-09

The escalating global prevalence of mental health disorders underscores the critical need for effective governmental interventions. This study delves into the efficacy of mental disorder management within Manggarai Regency, Indonesia, guided by the framework of Law No. 18 of 2014 concerning Mental Health. Utilizing an empirical juridical research approach, data was meticulously gathered through a combination of interviews, direct observations, and thorough document analysis. The findings reveal a concerning reality: the Manggarai Regency Health Office's current strategies for addressing mental disorders have proven to be largely ineffective, as evidenced by a substantial surge in reported cases. Key impediments to successful management include deficiencies in essential facilities and infrastructure, compounded by the challenge of inconsistent and insufficient funding. To rectify these shortcomings, the study strongly advocates for the Health Office to intensify its efforts across the spectrum of mental health services, encompassing promotive, preventive, curative, and rehabilitative initiatives. Furthermore, the regional government is urgently called upon to bolster its support for the Health Office, ensuring that it is adequately equipped to tackle the complex challenges posed by mental health disorders.

PENGATURAN PENGELOLAAN PASAR DAN FAKTOR PENGHAMBATNYA (STUDI TERHADAP PENGELOLAAN PASAR WUE KECAMATAN WOLOMEZE KABUPATEN NGADA PROVINSI NUSA TENGGARA TIMUR)

Paskalina Fridolin Kampas — 2025-04-09

Market management regulations are a series of activities carried out to regulate, manage, and maximize market functions so that they run in an orderly, efficient, and profitable manner for all parties involved, such as traders, buyers, and the government. Market management regulations cover various aspects, including regulations, policies, and operational governance. The main problems of this study are (1) How is the management of Wue Market, Wolomeze District, Ngada Regency? (2) What are the inhibiting factors in the management of Wue Market, Wolomeze District, Ngada Regency? The type of research used is normative-empirical (applied) research. This research was conducted in Wue Village. The types of data used are secondary data and primary data. The data collection techniques used are literature studies and interviews. The results of this study indicate that (1) The management of the Wue Village market is the responsibility of the Village-Owned Enterprise (BUMDes). Although there are no specific regulations governing the management of the market, an agreement has been reached between the Regional Government (Pemda) and the Village regarding the use of land using the borrow-use method. (2) The inhibiting factors in market management in Wue Village are human resource factors, lack of facilities and infrastructure, limited budget for market management, lack of government support and public legal awareness.