Petitum Law Journal

FUNGSI PEMERINTAH KELURAHAN DAN LEMBAGA PEMBERDAYAAN MASYARAKAT DALAM PEMBANGUNAN DI KELURAHAN LASIANA DAN KELURAHAN OESAPA KECAMATAN KELAPA LIMA KOTA KUPANG

Fiona Bellania Mooy — 2024-04-23

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

PENGUATAN WEWENANG KOMISI YUDISIAL DALAM MENJAGA KEHORMATAN DAN MARTABAT HAKIM DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2004 TENTANG KOMISI YUDISIAL

Joey Giancello Weo — 2024-04-24

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

TINJAUAN YURIDIS PERMOHONAN GANTI NAMA PADA AKTA KELAHIRAN DI PENGADILAN NEGERI KEFAMENANU DI TINJAU DARI UNDANG-UNDANG NOMOR 24 TAHUN 2013 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN

Felix Emanuel Koen — 2024-05-08

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

KAJIAN JURIDIS TALA AKIBAT PECERAIAN ADAT (CEAR KAENG KILO) DALAM PERKAWINAN ADAT MANGGARAI (Studi kasus Tala Di Desa Longko, Kecamatan Wae Ri’i Kabupaten Manggarai)

Efrasia Sedia — 2024-05-13

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

LEGALITAS OVER KREDIT (PENGALIHAN UTANG) DAN AKIBAT HUKUM BAGI DEBITUR DALAM PERJANJIAN LEASING KENDARAAN MOBIL (STUDI PADA PT. SINAR MITRA SEPADAN (SMS) FINANCE KOTA KUPANG)

Cornelis Londong — 2024-05-14

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

HUBUNGAN KEPALA DESA DENGAN BADAN PERMUSYAWARATAN DESA DALAM PELAKSANAAN PEMBANGUNAN DI DESA MANLETEN DAN DESA SARABAU KECAMATAN TASIFETO TIMUR KABUPATEN BELU

Geraldo Mayella Nahak — 2024-05-14

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

PENERAPAN ASAS PACTA SUNT SERVANDA DALAM PENYELESAIAN PERJANJIAN PINJAM MEMINJAM DI KOPERASI SWASTI SARI

Gilbert Leonard Baud — 2024-05-14

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

PERTANGGUNGJAWABAN PIDANA ANAK YANG MELAKUKAN TIDAK PIDANA YANG MENYEBABKAN MATINYA ORANG LAIN (Putusan Pengadilan Negeri Maumere No.2/Pid.Sus-Anak/2021/PN MME)

Yohanes Alfridson Raja Sareng — 2024-05-14

Children as legal subjects are not only victims but children are also not immune from being perpetrators of criminal acts. One of the cases in the decision of the Maumere District Court Number 2/PID.SUS-ANAK/2021/PN MME contains the criminal act of a child causing the loss of another person's life. In the decision. This type of research is Normative Legal Research. The type of approach used by the author in this research is the case approach, especially regarding cases that have been decided as can be seen in the jurisprudence regarding the cases that are the focus of the research. According to the author, imposing prison sentences on child perpetrators is inappropriate. This is because the author feels that the judge did not look at the best interests of the children and the condition of the children in conflict with the law at the time of the incident. According to the author, the best punishment in this case is supervision. Placing children in conflict with the law in prison at the Sikka Regency Detention Center is completely inconsistent with the law and is also for the sake of the child's future. The author's advice, increasing coordination between law enforcement officers, improving infrastructure, increasing professional law enforcement officers in the juvenile criminal justice process are important factors in the effective law enforcement process for children in conflict with the law.

ANALISIS HUKUM TENTANG SENGKETA TANAH YANG BERSERTIFIKAT DI TELUK MUTIARA KABUPATEN ALOR

Harun Hermon PO Tausbele — 2024-05-14

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

PELAKU PENAMBANGAN PASIR LAUT SEBAGAI PERBUATAN MELAWAN HUKUM PIDANA DAN KENDALA HUKUMNYA

Arwan Y Lopmeta — 2024-05-21

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

KAJIAN HUKUM PIDANA TERHADAP PEDAGANG KAKI LIMA (PKL) YANG MENGGUNAKAN FASILITAS UMUM UNTUK BERJUALAN DI TAMAN BUNDARAN TIROSA KOTA KUPANG

Daud Jonatan Liu — 2024-06-10

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

PENYIKSAAN HEWAN PELIHARAAN SEBAGAI PERBUATAN PIDANA DI KOTA KUPANG

Andy Salomo Langkola — 2024-06-10

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

PROSES PENYELESAIAN PELANGGARAN TERHADAP HAK ULAYAT MASYARAKAT ADAT BOTI KECAMATAN KI’E KABUPATEN TIMOR TENGAH SELATAN

Charles Boti Benu — 2024-06-13

This research aims to find out how the process of resolving fiolates of the costumay rights of the Boti indigenous community, Ki’e district south central Timor regency and also the inhibiting facktot in the resolution process, this research is also expected to be able to contribute idea’s in efforts to understand insights in the field of civil law an in general, for the student community, this research writing is also considered as information for the general public regarding the problem under study, namely costomary rights. the Research method used in this research is empirical research or field studies,which is carried out directly at the actual research location using primary, secondary and tertiary data collection techniques through direct interviews at the research location with compotent respondents according to the problem being taken writer. The results of this research indiccate that the process of resolving violations of the customary rights of the Boti indigenous people is generally resolved by mediation of traditional consensus deliberation based on the principle because all Boti indigenous people have the same genes or blood ties so that traditional mediation is more appropriate to use in the process of resolving violations towards the customary rights of the Boti indigenous community.

HAMBATAN HUKUM DALAM PELAKSANAAN PENDAFTARAN TANAH SECARA SPORADIK HAK ATAS TANAH ULAYAT (STUDI KASUS DI KELURAHAN KOTA NDORA)

Meyke Putri Basilia Songku — 2024-06-19

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

PENGATURAN PERATURAN PRESIDEN NOMOR 72 TAHUN 2021 TENTANG PERCEPATAN PENURUNAN STUNTING DAN IMPLEMENTASINYA DI KECAMATAN MAULAFA KOTA KUPANG

Yosep F Mbengu — 2024-07-08

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

IMPLEMENTASI PERATURAN DESA KOMBA NOMOR 1 TAHUN 2017 TENTANG PENERTIBAN PEMELIHARAAN DAN KEPEMILIKAN TERNAK DI DESA KOMBA KECAMATAN KOTA KOMBA KABUPATEN MANGGARAI TIMUR

Marianus Dewalking — 2024-07-23

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

PERTIMBANGAN HAKIM DALAM MENENTUKAN HUKUMAN KEPADA PELAKU TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DALAM PUTUSAN NOMOR 80/PID.SUS/2023/PN.KPG DI PENGADILAN NEGERI KELAS 1A KUPANG

Christoffer Markus Jaman — 2024-08-07

The judge's consideration is very important aspect in determining the realisation of the value of a decision that contains elements of justice in the court, legal certainty and contains benefits for the parties concerned so that it must be addressed properly, carefully and carefully. The formulation of the problems in this study are: (1) How are the judges' considerations in determining the punishment for the perpetrator of the crime of sexual intercourse with a child in Decision No.80/Pid.sus/2023/PN.Kpg? (2) What are the factors that influence the sentencing decision in Decision No.80/Pid.sus/2023/PN.Kpg? This research is normative research, namely legal research that examines documents using legislation, court decisions, legal theories, and can be in the form of scholars' opinions. The results of the research conducted by analysing the decision No.80/Pid.Sus/2023/PN.Kpg of the suspect on behalf of Leo Luha Djami Kale: (1) The judge considered that the defendant was proven to have committed a criminal act in accordance with Article 81 paragraph (1) of the Child Protection Law. However, the judge imposed a sentence below the minimum. (2) Based on juridical factors, the judge stated that the defendant's actions had fulfilled the elements of the article in Article 81 paragraph (1) of the Child Protection Law that had been charged against him and based on non-juridical factors that there had been peace between the two families in accordance with Supreme Court Circular Letter No. 1 of 2017 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2017 as Guidelines for the Implementation of Duties for Courts.

Penerapan Hukum Adat "Ukun Banur" Terhadap Penyelesaian Kasus Kekerasan Dalam Rumah Tangga di Desa Biau Kecamatan Io Kufeu Kabupaten Malaka

Ansgarius Jacintus Tae — 2024-08-07

Customary law was born together with humans as its creators. Where there is society there is law. As is the case in Biau village which has customary law known as ukun banur. Ukun banur means teachings or prohibitions that have been established and are still maintained today in resolving various cases that occur. The specification of this research is empirical legal research. The data taken is primary data and secondary data collected by interviewing informants, literature review and qualitative descriptive analysis. The objectives of this research are (1) To determine the application of Ukun Banur customary law to the resolution of cases of domestic violence in Biau village, Io Kufeu subdistrict, Malacca district. (2) To find out what are the inhibiting factors in the application of Ukun Banur customary law in resolving cases of domestic violence in Biau village, Io Kufeu subdistrict, Malaka district. Based on the research results, the researcher found that the application of Ukun Banur customary law to resolve cases of domestic violence in Biau village, Io Kufeu subdistrict, Malaka district, uses two mechanisms, namely using a pure customary law mechanism and a mixed mechanism, namely involving the local government. The inhibiting factor in implementing Ukun Banur customary law is that public awareness is still low and they are not afraid and ashamed of the customary sanctions they receive. The customary sanctions given do not have legal force and there are no regulations from the local government so they are not binding for all communities.

PROSES PENYELESAIAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANGGOTA MILITER

Dani B Lakbanu — 2024-08-29

This study analyzes the process of resolving criminal acts of persecution committed by military members within the scope of the Kupang III-15 military court. The research method used is qualitative research with a case study approach. Data was collected through interviews with the Staff of the Military Court III-15 Kupang and the perpetrators of the crime of persecution. The analysis was carried out to identify whether there is a difference between the process of resolving crimes of persecution in civil courts and military courts and to find out whether there is special treatment in the process of resolving crimes within the scope of the Kupang Military Court. The formulation of the problem in this study is 1. What is the process of settling criminal acts of persecution committed by Military Members (Case Study of Military Justice III-15 Kupang)? 2. What are the factors that affect the effectiveness of military justice in dealing with criminal acts of persecution committed by Military Members (Case Study of Military Justice III-15 Kupang)? The results of the study show that the process of resolving criminal acts of persecution committed by military members is carried out in accordance with Law Number 31 of 1997 concerning Military Justice, which involves various stages, ranging from reports or direct findings by officers, examinations to prosecution and criminal acts in the process according to the Criminal Procedure Code. Military members who commit criminal acts of persecution will be examined by the ankum, if the persecution is light, then the ankum is of the opinion that the problem does not need to be resolved through the judicial process. This finding provides insight into efforts to improve the supervision system in each TNI unit and improve the law enforcement system in terms of transparency in the process of resolving criminal acts of persecution committed by military members within the scope of the military court III-15 Kupang.

PERLINDUNGAN HUKUM TERHADAP KEBOCORAN DATA NASABAH DITINJAU DARI UNDANG-UNDANG NOMOR 10 TAHUN 1998 TENTANG PERBANKAN

Aurelya Bhoki — 2024-08-29

A bank is defined as an institution that protects customer funds, not only protecting but also having the obligation to maintain the confidentiality of its customer funds and data from parties who can harm and misuse customers personal data. Leaks are a problem that often occurs in society, even though it haas been regulated in however, it occur make people worry and think about why the factors that cause customer data leaks and to analyze legal protection efforts where data is leaked. The research methode used is normative research, using a statutory, case and context approach. The results of the research are to reveal the factors that cause data leaks and forms of legal protection efforts for customers whose data is leaked.

ASPEK KEPERDATAAN PERKAWINAN BEDA AGAMA YANG TIDAK TERCATAT DI PENCATATAN SIPIL PASCA TERBITNYA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN

Retna Yelmidiany Faot — 2024-08-29

Interfaith marriages are a serious legal problem because apart from involving different regulations which can conflict with each other, they can also result in civil rights not being fulfilled for interfaith couples whose marriages are not registered by the state. Due to the large number of cases of interfaith marriages, the Supreme Court issued Supreme Court Circular Letter Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs. The arrangements listed in number 2 (two) of SEMA Number 2 of 2023 can prevent couples of different religions from obtaining a marriage certificate approved by the state. Interfaith couples whose marriages are not registered by the state may lose their civil rights if SEMA Number 2 is implemented in 2023.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYEBARLUASAN PORNOGRAFI MELALUI MEDIA SOSIAL DI KOTA KUPANG

Kezia Charlita Lawa — 2024-09-23

The development of information and communication technology has had various impacts on human life, both positive and negative. One of the negative impacts that is felt is that cyber crimes that often occur in Kupang City are related to the distribution of pornography where the perpetrator disseminates content containing content that violates decency on social media without the knowledge and permission of the party involved in the content. The rise of cybercrime that occurs proves that there is a need for law enforcement as a form of legal protection for victims who are harmed based on statutory regulations which contain the implication of legal protection for the legal interests of society. This research aims to examine law enforcement and the factors that hinder law enforcement against the criminal act of disseminating pornography via social media in Kupang City. This legal writing uses empirical research which is a type of research carried out by examining problems that occur in the field, by examining how law enforcement is carried out by law enforcers regarding problems that occur and researching the obstacles in law enforcement to a legal event that influences its success. law. The techniques used in this research include: Interviews with respondents for primary data collection. Literature study and document study for secondary data collection. Data analysis in this research was carried out by analyzing secondary legal materials normatively based on a statutory approach and an interdisciplinary approach, then carried out descriptively qualitatively which utilized qualitative data and explained it descriptively, then interpreted in building a legal argument and drawing conclusions regarding the results. study. Based on the results of research conducted by the author, law enforcement against the criminal act of disseminating pornography via social media consists of preventive and repressive legal efforts. And there are several inhibiting factors in efforts to enforce criminal acts, namely the presence of law enforcement factors, facilities/facilities, society and culture.

PENGATURAN FUNGSI DINAS KEPENDUDUKAN DAN PENCATATAN SIPIL DALAM PELAYANAN ADMINISTRASI KEPENDUDUKAN MENGENAI KEPENGURUSAN KARTU TANDA PENDUDUK DI KABUPATEN BELU

Jovanka Piterzon Adoe — 2024-09-23

Population administration is a series of activities carried out by the government in organizing and regulating population documents and data through population registration, civil registration, management of Population Administration information and utilization of the results for public services and other sectors. The main points in this problem are (1) How is the regulation of the function of the Population and Civil Registration Service in population administration services in Belu Regency? and (2) What are the inhibiting factors in the implementation of the function of the Population and Civil Registration Service in population administration services in Belu Regency? This study uses a normative legal and empirical legal approach. Primary data were collected through interviews, while secondary data were obtained from laws and regulations, legal literature, and related documents. The results of the study found that: (1) The arrangement of the functions of the Disdukcapil of Belu Regency has been carried out in accordance with applicable regulations, but there are several inhibiting factors that affect the effectiveness of its services. (2) These factors include the lack of public awareness of the importance of population documents, limited facilities and infrastructure, and the lack of trained human resources.

PELANGGARAN KODE ETIK POLISI REPUBLIK INDONESIA DALAM PENYIDIKAN TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DI KEPOLISIAN RESOR SUMBA TIMUR

Nikolas Bryan Radja Manu — 2024-09-25

This study aims to identify factors that cause violations of the code of ethics by members of the Indonesian National Police and to understand the application of the law to these violations at the East Sumba Police Resort. This study uses an empirical legal approach with a qualitative descriptive method. Data were collected through interviews with respondents who were directly related to the cases studied, as well as through document studies. The results of the study indicate that violations of the code of ethics in the investigation of violent theft crimes are caused by internal factors such as the subjective attitude of investigators who ignore the rights of suspects, as well as external factors such as lack of evidence and pressure from institutions to expedite the resolution of cases. In addition, violations also often occur because the perpetrators are recidivists, which makes police officers feel the need to provide a deterrent effect through violence. The application of the law to violations of this code of ethics has been regulated in the Regulation of the Head of the Indonesian National Police Number 7 of 2022 concerning the Police Professional Code of Ethics. However, even though the rules and sanctions have been established, violent practices by police officers still occur, reflecting the challenges in implementing the code of ethics. This study suggests the need for increased professional ethics training, stricter supervision, strict enforcement of sanctions, and strengthening transparency in the investigation process. These efforts are important to maintain the integrity and professionalism of the Police.

KAJIAN VIKTIMOLOGI TERHADAP KORBAN PENIPUAN PENDAFTARAN CALON PEGAWAI NEGERI SIPIL (CPNS) DI WILAYAH KEPOLISIAN DAERAH NUSA TENGGARA TIMUR

Indiani Cristina Ndolu — 2024-09-30

: This study examines the phenomenon of fraud that occurs in the registration of Civil Servant Candidates (CPNS) in the East Nusa Tenggara Regional Police (Polda NTT) from a victimology perspective.The main points in this problem are (1) What is the role of victims in the occurrence of fraudulent crimes in the recruitment of prospective civil servants in the East Nusa Tenggara Region? (2) What are the legal protection efforts for victims of fraud in the recruitment of civil servant candidates? The purpose of this study is to understand the role of victims in the occurrence of CPNS fraud and the legal protection efforts that can be provided to victims. This study uses an empirical legal approach, with data collection through interviews and literature studies. The analysis was carried out descriptively qualitatively to describe the impact experienced by victims and the factors that make them vulnerable to fraud.

The results of the study show that (1) victims have an active role in the occurrence of this crime, including due to excessive trust in the perpetrators, ignorance of official procedures, and social and economic pressures that encourage them to take risks. (2) From the aspect of legal protection, victims have the right to restitution, legal assistance, and protection from the police.