Petitum Law Journal

FUNGSI KEPALA DESA DALAM MENYELENGGARAKAN PEMBANGUNAN DESA DI DESA BIPOLO DAN DESA OETETA, KECAMATAN SULAMU KABUPATEN KUPANG MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

Empi Adriana Naben, Saryono Yohanes, Rafael Rape Tupen — Sun, 10 Dec 2023 00:00:00 +0000

Based on Law No. 6 of 2014 concerning Villages, Article 1 paragraph (2) states that "Village Government is the organizer of government affairs and the interests of local communities in the government system of the Unitary State of the Republic of Indonesia. The Village Government is the Village Head or what is referred to by another name, assisted by Village officials as the organizing element of the Village Government." The problems faced include, among other things, the function of the village head in carrying out village development in Bipolo Village and Oeteta Village must increase enthusiasm, and encourage the community in carrying out village development to involve more of the entire Bipolo Village community and Oeteta Village community in development activities. And provide outreach to the community that the community also has a role to be involved in the implementation of village development. This research aims to find out the function of the village head in carrying out village development in Bipolo Village and Oeteta Village and to find out the factors inhibiting the function of the Village Head in carrying out village development in Bipolo Village and Oeteta Village. The method used in this research is empirical juridical and statutory and primary data and secondary data are used as types of data sources. The research results show that the function of the Village Head is in carrying out village development in Bipolo Village and Oeteta Village. Bipolo village is running quite well because some village development has been realized, but the community is not firm enough to fully support the implementation of village development. Oeteta Village is going quite well because all village development activities are still in the planning stage which will be implemented in 2023. Then, there are two inhibiting factors in implementing the duties and functions of the Bipolo and Oeteta village heads in implementing village development, namely human resources and facilities and infrastructure, which has not been effective in supporting the implementation of village development through increasing the economic, educational and health needs of the community. So researchers need to make collaborative efforts between the community and the village government to implement development in each village. There is awareness of bipolo and oeteta village heads in their duties and functions to prioritize the needs of local communities so that village development can run according to established plans. There is awareness of the village head and village officials to continue to supervise the implementation of village development through all village consultation proposals based on meetings to submit proposals which must be prioritized so that they can be implemented every year.

UPAYA DAN HAMBATANNYA DALAM PENANGGULANGAN TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL TELEGRAM TERHADAP ANAK (STUDI KASUS WILAYAH HUKUM KEPOLISIAN DAERAH NUSA TENGGARA TIMUR)

Tasya Sisilia Palla, Rudepel Petrus Leo, Darius A Kian — Thu, 14 Dec 2023 00:00:00 +0000

Tujuan penelitian ini adalah (1) untuk mengetahui upaya penanggulangan tindak pidana pornografi melalui media sosial telegram terhadap anak diwilayah hukum kepolisian daerah Nusa Tenggara Timur, (2) untuk mengetahui hambatanya dalam penanggulangan tindak pidana pornografi melalui media sosial telegram terhadap anak diwilayah hukum kepolisian daerah Nusa Tenggara Timur.

Penelitian ini merupakan penelitian hukum empiris yang berfungsi untuk mencari data dan informasi yang berkaitan dengan

Hasil penelitian ini menunjukan (1) Upaya penanggulangan tindak pidana pornografi yang dilakukan oleh pihak kepolisian daerah Nusa Tenggara Timur dilakukan dengan 3 cara yaitu: (a) upaya preemtif, Dimana pihak kepolisian memberikan rasa aman dan nyaman kepada masyarakat yakni dengan melakukan patroli cyber, serta sosialisasi dan mengadakan workshop jumat ceria dimana agar pihak kepolisian Polda Nusa Tenggara Timur mendengarkan secara langsung keluh-kesah, komplein, pengaduan, maupun aspirasi masyarakat. (b) Melalui upaya prventif (pencegahan) upaya ini ditekankan meminimalisir kesempatan serta menghilangkan kesempatan untuk dilakukan kejahatan lainnya, seperti mengahapus (takedown) konten-konten bermuatan pornografi atau asusila, serta rehabilitasi terhadap korban ke Rumah Harapan GMIT Kuipang dimana Rumah Harapan GMIT Kupang merupakan unit pelayanan kamanusiaan di Kota Kupang, Nusa Tenggara Timur. (c) Upaya represif aparat penegak hukum yaitu kepolisian, kejaksaan, pengadilan dan lembaga permasyarakatan. Hambatannya dalam penanggulangan tindak pidana pornografi yang dilakukan oleh pihak kepolisian daerah Nusa Tenggara Timur antara lain: Penegak Hukum, Sarana atau Fasilitas, Keluarga, Korban, Pengumpulan Barang Bukti.

Kata Kunci: Pornografi, Anak, Upaya Penanggulangan, Hambatan

FAKTOR PENYEBAB DAN IMPLIKASI YURIDIS PENGUNDURAN DIRI PANITIA PEMILIHAN KEPALA DESA MAHAL KECAMATAN OMESURI KABUPATEN LEMBATA

Mathias Mole, Yohanes Tuan, Norani Asnawi — Thu, 14 Dec 2023 00:00:00 +0000

One important aspect in the process of realizing simultaneous Village Head elections is the role of relevant institutions in carrying out Village Head elections. The institution referred to is the village head election committee at the village level. The election for the head of Mahal Village was marked by the resignation of the village head election committee. This research aims to find out the factors causing the resignation of the village head election committee and to find out the legal implications of the resignation of the election committee. Empirical legal research is a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The research results show that the resignation of the Mahal village election committee was caused by internal and external factors. Internal factors include: differences in perception regarding proof of immoral customary acts, deemed not comprehensive in carrying out the requirements research stage, the time limit for immoral acts is under the five years limit, not showing evidence of an open statement of not committing immoral acts, weak supervision by the village head election supervisory team. , does not impose administrative sanctions on prospective candidates suspected of committing immoral acts, threats from BPD Mahal and refusal to sign minutes, and resignation of candidates suspected of committing immoral acts. External factors include the absence of factual verification by the district, a vote of no confidence from the public, no guarantee of comfort for the election committee and their families and pressure from the victim. The juridical implications of the resignation of the Mahal village election committee include: the vacancy of the Mahal village head election committee, the phenomenon of a legal vacuum, the postponement of village head election activities at a later stage, and the formation of a new (replacement) election committee. The mechanism for the resignation of the village head election committee is not expressly included in the legal basis for the technical instructions for village head election. The Mahal Village Consultative Body formed a new (replacement) election committee based on instructions from the district level election committee with letter number B.U140/2031/Dinas PMD/X/2021 to carry out duties and responsibilities at the next stage.

PENYELESAIAN SENGKETA TAPAL BATAS ANTARA DESA SINAR HADING DAN DESA RIANGKOTEK DI KECAMATAN LEWOLEMA KABUPATEN FLORES TIMUR

Philipus Pandai Kolin, Kotan Y Stefanus, David Y Meyners — Thu, 14 Dec 2023 00:00:00 +0000

Blureed village boundaries can have a wider negative impact then just the potential for conflict between village because of the strategic and economic potential of a part of the region, such us the impact on social life and government administration and can event havepolitical impact,especially in border village. As happened in Lewolema District, Regency East Flores, there are still two village experiencing conflict regarding their village boundaries each. The method used in research is a descriptive method,namely: legal research that describes or depicts in detail the events or phenomena that occur at the research site. Futhermore, by using a qualitative approach, the aim is to present systematically factual and accurate data regarding the facts in the field that occurred in Lewolema District, East Flores Regency.The result of this research show that: The process of resolving the boundary disput between Sinar Hading village and Riangkotek village in Lewolema District, East Flores Regency has not yet reached a common groud because there is no agreement to resolve this boundary dispute. This can be seen from the prolonged debate between several communities from the two village. The effort taken by the East Flores Regency government to resolve this issue is by mediation. However, this effort has not yet reached a mutual agreement because the Riangkotek Village is still adamant and does not agree to the land. used as a boundary between Sinar Hading Village and Riangkotek Village. Factors inhibiting the resolution of boundary disputes in Lewolema District, East Flores Regency are: Human resources, in this case the lack of public understanding in these two village about the importance of the existence of law in conflict. The second inhibiting factor is the legal culture in Sinar Hading Village and Riangkotek Village, in this case the habits of making their own decisions in their resoective villages.

PELAKSANAAN FUNGSI BADAN PERENCANAAN PEMBANGUNAN DAERAH KABUPETAN TIMOR TENGAH UTARA DITINJAU DARI PERATURAN DAERAH KABUPATEN TIMOR TENGAH UTARA NOMOR 9 TAHUN 2008 TENTANG ORGANISASI DAN TATA KERJA BADAN PERENCANAAN PEMBANGUNAN DAERAH, INSPEKTORAT DAN LEM

Gregorius Triyanto Feka, Rafael Rape Tupen, Hernimus Ratu Udju — Fri, 15 Dec 2023 00:00:00 +0000

This study discusses two issues, namely: (1) To what extent is the implementation of the function of the Regional Development Planning Agency of North Central Timor Regency in terms of the Regional Regulation of North Central Timor Regency Number 9 of 2008 concerning the Organization and Work Procedures of the Regional Development Planning Agency, Inspectorate and Other Regional Technical Institutions of North Central Timor Regency? (2) What are the factors that are obstacles in the implementation of the functions of the Regional Development Planning Agency of North Central Timor District? The research method used is the empirical method, which is research conducted directly to related parties to obtain primary data directly from respondents. The data collection techniques used are: observation, interviews, and documentation. The results of research and discussion: (1) The implementation of the functions of the Regional Development Planning Agency (BAPPEDA) in terms of Regional Regulation Number 09 of 2008 concerning the Organization and Work Procedures of the Regional Development Planning Agency, Inspectorate and Other Regional Technical Institutions of North Central Timor Regency in the process of regional development planning in North Central Tmor Regency is through Village/Village level Development Planning Deliberations, District Development Planning Deliberation, and finally the District Government Work Plan Development Planning Deliberation where the aspirations and proposals of the community are as a determination of the formation of the Regional Long-Term Development Plan (RPJPD), Regional Medium Term Development Plan (RPJMD) and then make a Regional Apparatus Work Plan (RKPD), as a strategy used by BAPPEDA for development programs in North Central Timor District. (2) Inhibiting factors in the implementation of the function of providing support for the implementation of local government in the field of development planning and the function of guidance and implementation of tasks in accordance with the scope of Bappeda's duties in North Central Timor Regency. There are several obstacle factors such as: Aspects of Geography and Domography related to human resources, aspects of community welfare, aspects of public services, and aspects of regional competitiveness.

PERJANJIAN PINJAM-MEMINJAM ANTARA BADAN DIAKONAT GEREJA DENGAN DEBITUR DI GEREJA KEMAH IBADAT AIRNONA

Dinomax Mata Ratu, Agustinus Hedewata, Helsina Fransiska Pello — Fri, 15 Dec 2023 00:00:00 +0000

In developing a business, a person needs capital assistance from other people who have capital and of course borrowing capital will give rise to a legal act which is based on the agreement of the parties in an agreement called a loan agreement which is commonly used in contract practice. The Airnona Tent of Worship Church itself is a church located on Jalan Kancil Number 33, Airnona Village, Kota Raja District, Kupang City. Where this church, prepares a revolving fund for micro businesses through the Church's diaconate body as program manager and runs this program with an agreement or agreement with certain conditions and in the process the returns are without interest. The main issues are as follows: (1) What is the loan and loan agreement system between the Diaconate Body as the creditor and the Congregation as the debtor at the Airnona Tabernacle Church? (2) What caused the breach of contract to occur between the parties at the Airnona Tent of Worship Church? (3) What countermeasures are used by the Diaconate body when there is a breach of contract (default) by a debtor at the Airnona Tent of Worship Church? The method used in this research is qualitative research, while using an empirical juridical approach. The data collection techniques used were interviews, observation and documentation. The aim of this research is to determine the loan agreement system used by the Church Diaconate Body with Debtors at the Airnona Tent of Worship Church. The research results show that the loan and borrowing agreement for revolving funds for micro businesses at the Tent of Worship Church has written procedures in the form of receipts, but the agreement is very simple and only includes basic information such as the name, address of the debtor, and the due date for refunding the funds without covering the rights aspect, obligations, or sanctions related to breach of agreement. The lack of effectiveness of the assessment team in analyzing data and selecting potential debtors, as well as the lack of regular supervision of each place of business, causes difficulties in dealing with debtors who experience difficulty in fulfilling payment obligations when their business conditions decline or experience bankruptcy. In dealing with problems, coping efforts are limited to verbal warnings, which are often not effective enough to overcome problems or encourage behavior change. The limited authority of Church institutions is also an obstacle, so that handling violations is limited to intensive collection efforts.

PERTANGGUNGJAWABAN PIDANA APARATUR SIPIL NEGARA (ASN) YANG MELAKUKAN TINDAKAN PEDOFILIA TERHADAP ANAK DI LINGKUNGAN SEKOLAH DASAR TIMOR TENGAH UTARA SERTA PERLINDUNGAN TERHADAP ANAK SEBAGAI KORBAN

Cristin Octavia Manubulu, Aksi Sinurat, Rosalind Angel Fanggi — Sat, 16 Dec 2023 00:00:00 +0000

Criminal responsibility means that every person who commits a criminal offense or against the law, as formulated in the law, then that person should be held accountable for his actions in accordance with his guilt. Criminal responsibility is determined after there is a criminal offense. To be held criminally responsible, a person must first prove that he has fulfilled all the elements of the criminal offense charged to him. This research is an empirical legal research, which examines and analyzes data obtained from the research location.This research was conducted at the Kefamenanu District Court. Data processing is carried out with data obtained both primary data and secondary data and analyzed based on the formulation of problems that have been applied. The results of this study indicate that (1) the perpetrator defendant fulfills the four conditions of criminal responsibility, namely the existence of a criminal act, the element of guilt, the existence of a responsible maker, there is no excuse so that he is punishable in Article 82 paragraph (2) of the Law of the Republic of Indonesia Number 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection Jo. Article 65 paragraph (1) of the Criminal Code, therefore the Chief Judge sentenced the defendant to 20 (twenty) years imprisonment and a fine of Rp.100.000.000,- (one hundred million rupiahs). (2) the protection of child victims is very important to ensure that their rights are fulfilled and they get proper justice by providing legal assistance or assistance from the police investigation to the court, which can be provided by the Consultation and Legal Aid Institute or institutions such as the Indonesian Child Protection Commission (KPAI) and the Witness and Victim Protection Agency (LPSK), conducting a post mortem at the hospital and laboratory examinations according to the direction of medical personnel and asking for psychologist assistance. Apart from the police, there are also institutions that cooperate in protecting victims, namely the Social Service Unit of the Indonesian Ministry of Social Affairs.

PERTIMBANGAN PENETAPAN HUKUMAN BAGI PENGGUNA NARKOTIKA DAN EFEKTIVITAS SERTA HAMBATAN-HAMBATAN YANG DIHADAPI DALAM PROSES PEMBINAAN PENGGUNA NARKOTIKA

Essa Felistya Naldy Pelle, Deddy R. CH Manafe, Adrianus Djara Dima — Thu, 30 May 2024 00:00:00 +0000

Narcotics is an abbreviation of narcotics and drugs/dangerous substances which were originally intended for medical purposes or health services. Every year, around 15 thousand people die because of drug use. Based on data from the Directorate General of Corrections, as of September 2016, there were 24,914 narcotics users in prisons. This proves that the number of drug users increases quite rapidly every year. This research is empirical juridical legal research. The types and sources of data for this research are primary data and secondary data. Respondents in this research were court judges, heads of correctional institutions, officers and staff of correctional institutions. The data collection techniques used were field observations and interviews. The technique used in analyzing data is descriptive qualitative.The results of this research show that: (1) In determining punishment for narcotics users, the Kupang District Court has several considerations in imposing sentences, these considerations are: (a) Identification of convicts who use narcotics, (b) Type of narcotics, (c) History narcotics violations, (d) Involvement with drug dealers. (2) There are two Guidance Patterns implemented at the Kupang Correctional Institution in carrying out guidance for prisoners at the Kupang Correctional Institution, namely personality guidance and independence guidance. (3) Obstacles in the process of developing narcotics convicts faced by the Kupang Class II A Penitentiary, namely: (a) Lack of socialization from BNN and social rehabilitation (b) No rehabilitation from BNN (c) No guarantor of parole from prison.

PENGATURAN PERUSAHAAN DAERAH AIR MINUM DALAM PENGELOLAAN AIR MINUM DI KOTA KUPANG

Jeniefer Gita Marchlina Foenay, Saryono Yohanes, Hernimus Ratu Udju — Thu, 30 May 2024 00:00:00 +0000

The current policy taken by the Government is an effort to expand the water network to reach Kupang City residents who are not yet connected to the Kupang City PDAM water network. The aim of conducting research: To find out and analyze the Drinking Water Supply System Management Arrangements at Regional Drinking Water Companies in Kupang City and to find out and analyze the Drinking Water Supply System Management Arrangement Factors at Regional Drinking Water Companies in Kupang City. To answer this problem, Normative Research was carried out which was supported by Empirical Juridical Research, namely, examining the real behavior of Regional Drinking Water Companies based on facts or realities obtained in the field for further research. The results of this research show that this research states that the Drinking Water Supply System (SPAM) was implemented to provide drinking water services to the people of Kupang City to meet drinking water needs, namely, the availability of drinking water services to fulfill people's rights to drinking water and the realization of water management and services. quality drinks at affordable prices. Based on research in the field, water leaks can reach more than 30.7% of the existing water supply (production). Determination of water needs is carried out by water leak analysis. The water leak reduction program needs to be improved so that the balance of service flow is not disturbed. The conclusion is that the arrangements for managing the Drinking Water Supply System at the Regional Drinking Water Company in Kupang City do not meet the proper standards, from management to distribution of Drinking Water, there are traffic jams in distribution and problems with several damaged pipes and inadequate service. Inhibiting factors for the Drinking Water Supply Management System, namely: Late payments, information that customers ignore.

PELAKSANAAN TUGAS DAN FUNGSI SATUAN BAKTI PEKERJA SOSIAL DALAM PENANGANAN PERMASALAHAN ANAK TERLANTAR DI KOTA KUPANG

Yuvani Fafo, Yohanes Tuan, Detji K. E. R. Nuban — Thu, 30 May 2024 00:00:00 +0000

Abandoned children are children whose needs are not met in a reasonable manner, whether physical, mental, spiritual or social in accordance with what is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in Article 1 number 6 The aim of this research is to understand the implementation, functions and obstacles of the Social Worker Service Unit in handling the problem of abandoned children in Kupang City. The research method used is empirical research, namely through interviews, then the data is analyzed descriptively qualitatively. The research results show: (1) The duties of social workers can be carried out well by professional officers in accordance with Law Number 14 of 2019 concerning Social Workers. (2) Internal barriers, namely parental education and parents not understanding about children. Meanwhile, external obstacles include the scope of children's problems, coordination between SKPD, combining children's cases with other cases, lack of social worker service personnel and facilities for outreach to children. The researchers' conclusions are: (1) The implementation of duties and functions by the social worker service unit as liaison, educator, facilitator, mediator, counselor, through mentoring, counseling and family support has been carried out well by the social worker service unit. (2) The obstacles faced in carrying out the duties and functions of the social work service unit are internal obstacles and external obstacles. It is hoped that the government, especially social services, can carry out monthly monitoring of parents so that the funds distributed are used properly for children's needs and provide outreach to parents.

PELAKSANAAN TUGAS PEMERINTAH DAERAH KABUPATEN ROTE NDAO DALAM PENANGANAN FAKIR MISKIN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2011 TENTANG PENANGANAN FAKIR MISKIN

Venansia H Yunatan, David Y Meyners, Yosef M Monteiro — Thu, 30 May 2024 00:00:00 +0000

Problem of the Poor is one of the most developing problem in Indonesia and always increase every years. Therefore The Law Number 13 of 2011 has been made as one of the regulation as the respond of the government in order to wellfare the poor plannedly, directly and sustainably. However, currently the Handling of the Poor has not been implemented properly according to the law. Based on this case, the following problem formulations can be formulated : (1) How far the the local government implementation in overcoming the problem of the Poor in Rote Ndao according to Law Number 13 of 2011 about the handling of the poor? (2) What is the factor that obstruct the government implementation to handling the poor in Rote Ndao? This research uses empirical legal research method with research based on direct observation and interviews in the field regarding the implementation of government duties in handling the poor. The data sources used are primary, secondary and tertiary data. The result of this research and discussion shows that : (1) The community gets assistance from the government but the distribution is not evenly distributed so that there are still people who have not received assistance, due to the lack of human resources so that data collection is still done manually. (2) The inhibiting factor is due to the community spending more time in the garden and the indication of kinship that occurs so that some families get continuous assistance and some do not. In order to handling the poor, the government have to be more conscientious in collecting data so the assistance to be provided is right on target and evenly distributed. The government must provide regular socialization about business opportunities and provide training according to the field so that the products produced will be better and increase employment opportunities that can help existing UMKM.

EFEKTIVITAS PENERAPAN UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) KESEHATAN DI RUMAH SAKIT UMUM DAERAH ATAMBUA

Gramelia Sannyta Talo, Norani Asnawi, Detji Kory Elianor Rooselved Nuban — Fri, 02 Feb 2024 00:00:00 +0000

The Social Security Administering Body (BPJS) is a legal entity formed to administer the National Health Insurance Program (JKN). This is a form of the government's commitment to the Implementation of National Social Security in article 5 paragraph (1) that "the Social Security Administering Body must be established by law -Invite”. Currently, the implementation of Law Number 24 of 2011 concerning the Social Security Administering Body at the Atambua Regional General Hospital has not been carried out effectively because its role in health services at the Atambua Regional General Hospital is not yet clear. This research is empirical juridical legal research. This research is descriptive in nature and analyzes primary data to determine the effectiveness of the implementation of Law Number 24 of 2011 concerning the Health Social Security Administering Body (BPJS) at the Atambua Regional General Hospital. Data collection uses observation, documentation and interview techniques. The results of the research show that: (1) The implementation of Law Number 24 of 2011 concerning the Health Social Security Administering Body (BPJS) at the Atambua Regional General Hospital has not been effective and (2) The influencing factors include internal factors (communication and resources human) and external factors (BPJS Health contribution collection, availability of health facilities and participant registration process).

ANALISIS YURIDIS PUTUSAN HAKIM TENTANG TINDAK PIDANA MENGGUNAKAN, MENGUASAI, DAN MENYEDIAKAN NARKOTIKA GOLONGAN I BUKAN JENIS TANAMAN(STUDI KASUS TERHADAP PUTUSAN PENGADILAN NEGERI KUPANG NOMOR 193/Pid.Sus/2022/PN KPG)

Charlos Constantinus Wara, Jimmy Pello, Orpa Genefo Manuain — Wed, 07 Feb 2024 14:03:16 +0000

The problem of misuse of Narcotics, Psychotropics and other Addictive Substances (NEPZA) or the popular term known by the public as Narcotics is a very big problem faced by society, government and law enforcement officials. In handling narcotics cases at the Kupang District Court, judges as law enforcers have the responsibility to examine, decide and resolve cases at the first instance. The main problem of this research is: What is the basis of the judge's legal considerations in handing down sentences against convicts in the case of District Court Decision NUMBER 193/Pid.Sus/2022/PN Kupang? And what should be the sanctions imposed on the perpetrators in District Court Decision NUMBER 193/Pid.Sus/2022/PN Kupang? This research focuses on two main issues, the basics, namely the judge's legal considerations and the sanctions that should be imposed, the method used in this research is a type of normative research, where the author obtains data indirectly or through an inventory of positive law, legal principles and doctrine, books -books and other documents. The research location is at the Law Library of Nusa Cendana University, Kupang. The legal materials used in this research are secondary legal materials. The data collection technique in this research was carried out using literature study. The data analysis used is normative analysis. The research results show that: There are two basic legal considerations for judges in deciding a case, namely legal considerations and non-juridical considerations. (a) Juridical considerations are the facts and testimony of witnesses in the trial. (b) Non-Judicial considerations include those that form the background to the action. The sanction that should be imposed on the defendant is that a criminal using narcotics violates the provisions of Article 127 of Law Number 35 of 2009 concerning Narcotics which is punishable by a maximum imprisonment of 4 (four) years. And narcotics abusers are required to undergo rehabilitation (Article 54 of Law Number 35 of 2009 concerning Narcotics). The fraudster's act of helping to sell narcotics belonging to Andri's brother fulfills the elements of Article 56 of the Criminal Code (helping to commit) which carries a criminal threat of being punished by the person involved (Andri's brother).

SEBAB DAN AKIBAT SERTA PERTANGGUNGJAWABAN HUKUM TERHADAP KASUS SALAH TANGKAP (ERROR IN PERSONA) DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG KOTA

Maryani Tefliana Nainatun, Heryanto Amalo, Darius A Kian — Wed, 07 Feb 2024 15:35:21 +0000

Basically, problems with the application of the presumption of innocence in criminal cases still often occur in the resolution of criminal cases. This also makes it possible for victims to be wrongly arrested due to a lack of evidence but when they are arrested. This research is empirical juridical research, where this research was carried out at the Kupang City Police Department. The data obtained in this research is qualitative data, using interview guidelines with informants and respondents, then the data is processed into qualitative descriptive. The results of this research show that: (1) the causes of cases of victims of wrongful arrest (error in person) in the jurisdiction of the Kupang City Police, which are more directly related to the internal factors of each member, namely regarding their knowledge, skills, and attitudes and behavior as a member police. (2) The consequences for the victim of wrongful arrest and violence and abuse by individuals include losses experienced by the victim, these losses are material losses and immaterial losses. (3) Responsibility for victims of wrongful arrest and abuse by police officers can be dealt with criminally or code of ethics, victims can also demand legal protection such as rehabilitation or restoration of their good name as well as compensation in the form of compensation.

PROSES PENYELESAIAN SENGKETA TANAH SECARA ADAT DI DESA CUNCA LOLOS KECAMATAN MBELILING KABUPATEN MANGGARAI BARAT

Lilis Anjas Sari, Reny Rebeka Masu, A Resopijani — Sun, 18 Feb 2024 01:27:53 +0000

Customary law was born at the same time as humans as its creators. Where there is society there is law (Ibi Ius Ibi Societas). At the implementation level, customary law can provide decisions that prioritize the goal of achieving togetherness and upholding the principle of kinship, rather than upholding provisions that have been determined by the government with positive law which tends to ignore togetherness and the principle of kinship. Cunca Lolos Village is one of the traditional villages in West Manggarai, therefore every problem in Cunca Lulus Village is resolved through adata and the same applies to the application of cultural values and traditions in Cunca Lolos Village, Mbeliling District, West Manggarai Regency in resolving property disputes. This research is empirical legal research. This research is descriptive in nature and analyzes primary data to determine the process of resolving customary land disputes in the village of Cunca Lolos. Data collection uses interview, observation and documentation techniques. The results of this research show that; (1) the customary land dispute resolution process in Cunca Lulu village is divided into two parts, namely the land settlement process based on stages and the land settlement process based on land ownership (2) the inhibiting factors include changing times which have resulted in the loss of respect for tua golo and how difficult it is to collect old golo devices when completing a task in the village of Cunca escaped.

TINJAUAN YURIDIS ALIH FUNGSI MOBIL PRIBADI MENJADI ANGKUTAN UMUM DI KABUPATEN TIMOR TENGAH SELATAN

Kirsten R F N Balelay, Saryono Yohanes, Yohanes G Tuba Helan — Fri, 23 Feb 2024 07:14:45 +0000

Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, transportation operators must have a permit as explained in Article 173, Problem formulation, namely: What are the procedures for using private cars as public transportation in South Central Timor Regency related to the conversion of private car use be public transport. Empirical juridical approach method, the data source is this research is empirical juridical research, namely research based on applicable laws and regulations and data obtained in the field. Based on Law Number 22 of 2009 concerning Road Traffic and Transportation, transportation operators must have a permit as explained in Article 173, the problem statement is: Are there regulations regarding the use of private cars as public transportation in South Central Timor Regency related to conversion of use? Private vehicles are now used for public transit. Empirical juridical approach method, which uses data collected in the field and applicable laws and regulations as its data source, is an empirical approach to research on the law.

PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI PEMINJAM DALAM LAYANAN APLIKASI PINJAMAN ONLINE (STUDI KASUS DI KOTA KUPANG)

Lucky Isakti Sinlaeloe, Karolus Kopong Medan, Deddy R. Ch Manafe — Wed, 13 Mar 2024 23:51:47 +0000

This research aims to find out how legal protection is for personal data in online loan services after the enactment of "Law Number 27 of 2022 concerning Personal Data Protection" and also find out what legal steps are taken by victims if there is misuse of personal data. by the lender. This research uses nomative-empirical research methods. This method combines normative legal elements which are then supported by data or empirical elements. The results of this research contain that in protecting personal data, the government has passed several new regulations that specifically protect a person's personal data. The law in question is "Law Number 27 of 2022 concerning Protection of Personal Data" or abbreviated as "PDP Law". The Financial Services Authority also regulates online loan services with "Financial Services Authority Regulation Number 10 /POJK.05/2022 concerning Information Technology-Based Joint Funding Services". These two laws guarantee the protection of borrowers' personal data. If there is misuse of personal data by the lender, legal steps can be taken, such as the borrower can report criminally to the police or can also report to the Financial Services Authority. Advice, be careful when using personal data and do not carelessly give this data to anyone so that it will not be misused.

KONSTITUSIONALITAS PROSES PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA DAN HUBUNGANNYA DENGAN MEKANISME CHECK AND BALANCES

Perseverando Elkelvin Wuran, Kotan Y Stefanus, Rafael R Tupen — Mon, 25 Mar 2024 14:06:40 +0000

Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) regulates the existence of Government Regulations in Lieu of Law. This provision gives the President the authority to enact a of Government Regulations in Lieu of Law in a compelling emergency situation. This research is a normative legal research. Normative legal research is based on the study of legal issues that encompass research on legal principles, legal systematics, levels of vertical and horizontal synchronizations, legal comparisons, and legal history. The results of this research show that: (1) The process of establishing the Job Creation of Government Regulations in Lieu of Law is not in accordance with the regulations contained in Article 22 paragraph (2) of the NRI Constitution, because the discussion of the approval of the Job Creation of Government Regulations in Lieu of Law which was postponed and could not be carried out during the first session after the issuance of the of Government Regulations in Lieu of Law is evidence of a denial of the meaning of the matter of urgency. which gives rise to urgency (2) The presence of the Job Creation of Government Regulations in Lieu of Law as a legal institution which so far has only created dynamics in power relations between the DPR and the President also demands the role and function of the Constitutional Court as part of checks and balances in controlling and maintaining the balance between powers, so that the measure of the President's subjectivity in determining the terms of "urgency" which is coercive" before enacting the of Government Regulations in Lieu of Law, apart from being politically supervised by the DPR, it can also be legally controlled by the MK.

IMPLEMENTASI PERAN KEPOLISIAN DAN HAMBATAN-HAMBATANNYA DALAM MENGUNGKAPKAN KASUS PEMBUNUHAN BERENCANA DI WILAYAH KEPOLISIAN RESOR SABU-RAIJUA

Ar Banga, Rudepel Petrus Leo, Heryanto Amalo — Tue, 02 Apr 2024 08:53:39 +0000

Premeditated murder in the Criminal Code (KUHP) is regulated in article 340 of the Criminal Code, which states: "Anyone who deliberately and with premeditation takes the life of another person, is threatened with premeditation, with the death penalty or imprisonment for life or for a certain period of time a maximum of 20 years. This research aims to find out the role of the police in disclosing cases of premeditated murder in the Sabu-Raijua resort area, and what obstacles they experience in disclosing these cases, as well as the factors that cause the crime of premeditated murder and arriving at solutions faced by investigators in the process. investigation. This research uses empirical juridical methods, namely methods that are studied through field research approaching existing facts and then using relevant laws and regulations as a basis for reviewing analyzing legal research as a reference for problem solving. Looking for the factors causing the occurrence and handling, obtained from primary and secondary data from interviews with the police (criminal investigators), village heads, community leaders and victims' families. As well as with literature studies and qualitative descriptive data analysis. The results of this research show that the role of the police in uncovering criminal cases of premeditated murder is very important, because the role of the police in criminal justice is at the forefront. Namely by carrying out the duties of an investigator related to arrest, detention, searches, confiscation of evidence, examination of documents and witnesses, suspects and assistance from experts. In doing this, the police are tasked with finding out the real truth. Apart from that, this research aims to find out what obstacles are faced and what solutions there are to get the truth about the causes of premeditated murder crimes in the Sabu-Raijua Resort area.

EVEKTIVITAS FORUM MUSRENBANG DESA SEBAGAI REPRESENTASI WARGA DALAM PENYUSUNAN APBDES DI DESA HINGALAMAMENGI KABUPATEN LEMBATA

Saire Rama Sarabiti, Yohanes Tuba Helan, Norani Asnawi — Tue, 02 Apr 2024 09:43:51 +0000

Village Musrenbang is an aspiration space intended to accommodate community aspirations which are included in the Village Revenue and Expenditure Budget. In its implementation, it is only used as a formality in preparing the Village Revenue and Expenditure Budget. Many aspirations are only accommodated without being realized, such as in Hingalammengi Village, Omesuri District, Lembata Regency. The aim of this research is to determine the effectiveness of the implementation of Musrenbangdes and the factors that influence the implementation of the Musrenbangdes forum. This research uses descriptive empirical legal research methods, This research aims to provide input and add to the body of literature in the field of education, especially in the field of law. This research can also be used as a reference for readers and those who wish to continue further research. In the midst of the Village government's efforts to advance and prosper the Village, the Village government must provide space for the community to express their aspirations so that there is equality between the rights and obligations of both. In this case, the Musrenbangdes must be used as a transparent space to accommodate aspirations and can be included in the village revenue and expenditure budget.

PELAKSANAAN PEMEKARAN DESA OENITAS, KECAMATAN ROTE BARAT, KABUPATEN ROTE NDAO DI TINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

Fikto Chrisfalsa Lifu, Hernimus Ratu Udju, Cyrilius W T Lamataro — Wed, 03 Apr 2024 12:27:22 +0000

Based on the author's observations, the background to the main problem can be formulated as to what extent the conditions for implementing Village expansion and what are the influencing factors, the implementation of Village expansion is related to the expansion of Oenitas village, West Rote District, Rote Ndao Regency. The purpose of this research is to find out and analyze the implementation of village expansion and identify factors inhibiting the implementation of village expansion in Oenitas Village, West Rote Ndao Regency, Rote District. This research is based on primary, secondary, and tertiary data using an empirical juridical approach, and it was carried out using the Qualitative Descriptive Analysis Method in accordance with the data obtained while still paying attention to theories, principles, and legal rules in order to address this problem. The study's findings demonstrate that when implementing Village expansion, the Village requirements are in accordance with the stages, namely the requirements consist of population size, territorial boundaries, and infrastructure. the existence of tug-of-war interests between communities and the lack of natural resources, human resources (HR).

PENERAPAN ASAS NEMO JUDEX IN CAUSA SUA TERHADAP KEWENANGAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM MENGUJI UNDANG-UNDANG TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 DALAM PUTUSAN MAHKAMAH KONSTITUSI

Petrus Antonius Lela Udak, Kotan Y Stefanus, Rafael R Tupen — Wed, 03 Apr 2024 14:19:17 +0000

The Constitutional Court, in exercising its authority to review laws against the constitution in several of its decisions, has set aside the principle of nemo judex in causa sua, which applies universally in the legal world, thus causing conflicts of interest, one of which is Decision Number 066/PUU-II/2004. This study falls within the scope of normative legal research or library legal research. The results of this study indicate that (1) in case of conflict between the exercise of authority by the Constitutional Court and conflicting legal principles, the Constitutional Court must refer to the highest legal norms that also grant authority to the Constitutional Court, which serves as the basis for the exercise of its authority. (2) Constitutional Court Decision Number 066/PUU-II/2004 violated the principle of nemo judex in causa sua due to the unclear hierarchical position of the principle in legal science, while the basis for the Constitutional Court's duties is clear, namely referring to Article 24C paragraph (1) of the 1945 Constitution.

PROBLEMATIKA NORMATIF PERLINDUNGAN HUKUM BAGI SAKSI PELAKU YANG BEKERJA SAMA (JUSTICE COLLABORATOR) DALAM HUKUM POSITIF DI INDONESIA

Mario Josaphat Ananda Djawa, Karolus K Medan, Debi F Ng Fallo — Sun, 21 Apr 2024 05:16:02 +0000

The application of justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless.

The application of Justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. The formulation of the problems in this study: (1) Has the regulation on Justice collaborator in positive law in Indonesia been able to answer the needs of law enforcement as well as protection and reward for justice collaborator? (2) Why do justice collaborators need to be given legal protection and rewards? This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless.

PROSES PELAKSANAAN WURUMANA WAILAKI (ANTAR BELIS) DALAM PERNIKAHAN MASYARAKAT ADAT LIO DESA MAUROLE KECAMATAN MAUROLE KABUPATEN ENDE NUSA TENGGARA TIMUR (DIALEKTIKA ANTARA IDENTITAS DAN REALITAS)

Emanuel Robin Labason, Agustinus Hedewata, Yossie M. Y. Jacob — Tue, 23 Apr 2024 00:55:20 +0000

Indonesia is a rich country with various ethnicities, races, cultures, and customs. In terms of carrying out a marriage, each region in Indonesia has its own procedures. This is caused by the power of custom that has been trusted by the community for generations. This also applies to The Lio tribe, Maurole Village, Maurole Disrict, Ende Regency, East Nusa Tenggara. One of them is giving belis or what is known as wurumana Wailaki, which is a symbol of the validity of marriage, the status and morals of women according to custom. This type of research is empirical research conducted in The Lio Tribe, Maurole Village, Maurole District, Ende Regency, East Nusa Tenggara. This research aims to determine the process of determining and implementing Wurumana Wailaki in the marriage of The Lio tribe communit, Maurole Village is the main requirement in carrying out a traditional marriage with stages that are so long, even months, and require a lot of money. The inhibiting factors in determining and implementing wurumana Wailaki are economic, social factors and the lack of good communication. The impacts of the wurumana Wailaki process include legal, social and economic impacts. Therefore, it is hoped that in carrying out wurumana Wailaki, the actors must carry out good negotiations so that it does not burden either party.

TINJAUAN YURIDIS TERHADAP PENERAPAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA (STUDI PUTUSAN NO 46/PID.SUS/ 2019 PENGADILAN NEGERI MAUMERE)

Novaldy I Ndaumanu, Aksi Sinurat, Bhisa Vitus Wilhelmus — Tue, 23 Apr 2024 03:35:08 +0000

The quality of the judge's decision in adjudicating is when the judge is able to hand down a decision by paying attention to three very essential things, namely legal certainty, justice, and expediency. Interpreting the element of "possessing, storing, possessing, or providing" class I narcotics as contained in Article 112 paragraph (1) of the Narcotics Law must also consider the purpose or purpose of the accused. Because the terminology "possess, store, control or provide" provided for by Article 112, cannot be applied strictly following the textual. If this is not done carefully and carefully, it will have an impact on imposing crimes with inappropriate crimes and cause injustice to drug abusers. The results of the research stated that: first, the provisions of Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics do not have clarity in substance, namely in the word "possessing" if in the application there is a mistake in interpreting " possessing" can cause legal injustice, considering the application of article 112 paragraph (1) by the panel of judges in case number 46/ Pid.Sus/ 2019/ Maumere District Court is not appropriate, The application of this article is considered inappropriate because the judges' consideration only pays attention to the fulfillment of criminal elements written in article 112 paragraph (1) of Law No. 35 of 2009 concerning Narcotics. Second, the Maumere court judges ignored the subject's status as an abuser and skewed with the second alternative charge (article 112 paragraph 1), but in a review in accordance with the expectation of the application of article 127 paragraph (1) point a by the Supreme Court.