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Kedudukan Anak Perempuan Dalam Pembagian Harta Warisan Menurut Hukum Adat Timor Dalam Prespektif Gender Di Desa Baumata Kecamatan Taebenu, Kabupaten Kupang Aprilia Yosinta Trinata Tabelak; Sukardan Aloysius; Yossie M.Jacob
Hakim Vol 1 No 4 (2023): November : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i4.1424

Abstract

Gender's existence today is strongly influenced in every aspect of human life. One of them is the application of gender in customary inheritance law in Baumata Village, Taebenu District, Kupang Regency. This type of research is empirical research conducted in Baumata Village, Taebenu District, Kupang Regency and the data source used is primary data. Primary data is data obtained directly from the research location through direct interviews with respondents. Based on the results of this study is that the Baumata village community still maintains the position of inheritance rights, namely boys are still more dominant in getting inheritance rights but not to get the inheritance rights. The timor community in baumata village still maintains the inheritance rights distribution system because it still adheres to patrilineal culture.
SOSIALISASI EKSISTENSI TANAH ULAYAT DI DESA KUIMASI, KECAMATAN FATULEU, KABUPATEN KUPANG Orpa J. Nubatonis; Yossie M. Y. Jacob; Siti Ramlah Usman; Darius Mauritsius; Chatryen M. Dju Bire
Jurnal Abdi Insani Vol 10 No 3 (2023): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v10i3.1045

Abstract

Land is one of the most needed investments from time to time. The demand for land is starting to show with the increasingly rapid human growth, while the land for land is not increasing. In de facto, there are still tribal lands in NTT, but the power of indigenous peoples over tribal lands is no longer fully because what was previously considered as shared land, as a result of the individualization process has changed to individual ownership, this is partly because there are no regulations governing the existence of indigenous peoples and customary land or customary land. The lack of protection for indigenous peoples in Kupang Regency not only means that it has not been recognized by the state but also causes the existence and wealth of indigenous peoples, including customary lands, to be vulnerable to various interests both from within the indigenous peoples themselves and pressure from outsiders. This Community Service activity aims to explain in detail the existence of customary land in Kupang Regency, how important and urgent it is to provide protection for customary law communities and what kind of protection mechanism from the state is considered appropriate to the current characteristics of the Kupang Regency customary law community. The method used in this activity is lecture and question and answer. The results of the activity showed that the community was very enthusiastic about hearing and listening carefully to the explanations presented by the resource persons so that interesting discussions ensued. Through this activity, the community also gains new knowledge related to the existence of customary land. From the results of this activity it can also be concluded that the implementation of the activity in general went well because of the collaboration with various parties in the target location, namely the Kuimasi Village Office, Fatuleu District, Kupang Regency and also the target community (participants namely village officials, community leaders and the community ) in Kuimasi Village, Fatuleu Sub-district, Kupang Regency really hopes for further socialization in the field of law.
PELAKSANAAN BALIK NAMA SERTIFIKAT HAK MILIK DALAM JUAL BELI TANAH PADA KANTOR PERTANAHAN KOTA KUPANG Biyan Marco Christian Solukh; Darius Mauritsius; Yossie M Y Jacob
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13342

Abstract

Perbuatan hukum peralihan hak miilik atas tanah dapat dilakukan dengan cara jual beli tanah. Dalam praktek jual beli tanah pada saat ini diharapkkan adannya kepastian hukum yang dapat menjamin berlangsungnya kegiatan balik nama sertifikat hak atas tanah. Akta jual beli hak atas tanah yang dilakukan dihadapan Pejabat Pembuat Akta Tanah (PPAT) merupakan salah satu persyaratan untuk melakukan pendaftaran peralihan hak atas tanah di Kantor Pertanahan, hal ini akan berimplikasi pada kepastian hukum tentang status tanah tersebut. Metode penelitian yang digunakan adalah metode penelitian Hukum Yuridis Empris, yaitu jenis penelitian yang mengkaji hukum dan realitas atau kenyataan dalam masyarakat. Kesimpulan dari penelitian ini yaitu bahwa proses transaksi jual beli tanah melalui 3 (tiga) tahapan yang harus dilakukan, yaitu Pertama, tahap persiapan sebelum melakukan proses jual beli tanah. Kedua, tahap pembuatan akta jual beli (AJB). Ketiga, tahap balik nama sertifikat atas tanah yang diperjual-belikan. Selain itu dalam upaya pelaksanaannya, ada hambatan-hambatan yang dialami. Dalam tahap pembuatan akta jual beli tanah, hambatan-hambatan dialami oleh Pejabat Pembuat Akta Tanah (PPAT) dan para pihak. Sedangkan dalam tahap balik nama, hambatan-hambatan dialami oleh Badan Pertanahan Nasional (BPN) dan para pihak
PERLINDUNGAN HUKUM TERHADAP POTENSI INDIKASI GEOGRAFIS TENUN IKAT AMARASI DI KECAMATAN AMARASI BARAT KABUPATEN KUPANG Gerraldy L Hailitik; Darius Mauritsius; Yossie M. Y Jacob
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13360

Abstract

East Nusa Tenggara has many kinds of cultural riches, one of which is woven cloth crafts. There are still many areas in East Nusa Tenggara that have not registered woven fabrics to obtain a Geographical Indication certificate, one of which is Amarasi ikat weaving. Amarasi ikat weaving has a variety of different motifs which are implied by various stories, messages of ancestral cultural legends. In this way, it can be seen that there is potential for Amarasi ikat weaving that must be protected. This research aims to determine the legal protection for the potential of Geographical Indications for Amarasi ikat weaving and also to find out the role of local governments in encouraging the potential of Geographical Indications for Amarasi ikat weaving. The research method used is the Empirical Juridical Law research method, which is a type of research that examines law and reality in society. The conclusion of this research is Potential Geographical Indications must be registered as Geographical Indications in accordance with applicable laws and regulations. Because it is constitutive, so to have this certificate, potential Amarasi Ikat Weaving products must be registered through the Directorate General of Intellectual Property. Once registered, legal protection for registered Geographical Indications is preventively regulated in Article 21 paragraph (1) part d and Article 56, and repressively regulated in Article 67, Article 68, Article 69. And The government, in this case the NTT Law and Human Rights Regional Office and the Kupang Regency Disperindagkop, are working together to encourage the potential of Amarasi Ikat Weaving to obtain a Geographical Indication certificate, by establishing a Geographical Indication Protection Society (MPIG), outreach and distribution knowledge related to Geographical Indications and preparing description documents, identifying whether there are still craftsmen who still preserve Amarasi ikat weaving, and supporting these weaving groups by providing facilities and guidance.
Penerapan Prinsip Kehati-Hatian Dan Kepastian Hukum Dalam Penerbitan Sertifikat Hak Atas Tanah Oleh Kantor Pertanahan Kabupaten Nagekeo Hendrikus Krisanto Mario Djawa Tay; Agustinus Hedewata; Yossie M. Y. Jacob
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1474

Abstract

Land in the juridical sense is the surface of the earth, land rights are rights to a certain portion of the earth's surface, which is limited, has two dimensions with length and width. No human being or any group of people can be separated from land. Land can be used for development, both in infrastructure such as roads, irrigation, telecommunications and in the fields of agriculture, animal husbandry, mining, housing so that currently land has very high economic value. This will of course trigger land disputes. One of the factors that causes land disputes is the large number of lands owned by residents who do not yet have land certificates, and also in the process of issuing land certificates, the principle of caution in examining juridical and technical data is not implemented properly. Based on the background above, the problem formulation is put forward as follows: (1) Has the Nagekeo Regency Land Office in issuing land title certificates paid attention to the precautionary principle? (2) Does the land title certificate issued provide legal certainty and act as strong evidence? This research was carried out at the Nagekeo District Land Office. This research is empirical legal research, which is carried out by looking at the realities that exist in field practice. Based on the results of the research that has been carried out, it was found that: (1) To find out the application of the precautionary principle in issuing land title certificates, it can be seen from the land services provided by the Nagekeo Regency Land Office, which refers to the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 1 of 2010 concerning Service Standards and Land Regulation. The procedure for issuing activity certificates includes checking juridical data and checking technical data. (2) The land title certificate issued guarantees legal certainty and is strong evidence but is not the only evidence so that the certificate issued can still be challenged.
Kewenangan Berhak dan Kewenangan Bertindak Menurut Hukum Perdata Suatu Kajian Normatif Sebastianus Nong Mario Zakaria; Agustinus Hedewata; Yossie M. Y. Jacob
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1751

Abstract

The aim of this research is to find out the concepts of entitled authority and acting authority in civil law as well as the relevance and implications of regulating entitled authority and acting authority in civil law practice. The type of research used by the author is Normative Law research, the type of data used in this research is qualitative data. The data used in research is based on the relevance of the source data, namely primary and secondary data. The results of this research are that the results of the research show that Rightful Authority is defined as the authority of an individual or a legal entity to carry out a legal act in a community's social life which is considered valid because it constitutes his or her essence as a human being or individual or as a legal entity while the Authority to Act is defined as Special authority. The special authority referred to is authority that only applies to certain people and for certain legal actions, whereas the relevance and implications show that there is no relevance in regulating the authority to have rights and the authority to act in civil law. This is shown by cases that frequently occur. for example, early marriage.
Tinjauan Yuridis Pelaksanaan Endorsment Agreement Antara Kopi Papa Ganteng Dengan Selebriti Instagram (Studi Kasus Kota Kupang) Juliani Lavenia Bistolen; Darius Mauritsius; Yossie M.Y. Jacob
Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan dan Informatika Vol 2 No 1 : September (2023): Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidika
Publisher : Shofanah Media Berkah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

An endorsement cooperation agreement (Endorsement Agreement) is a collaboration or contract entered into by two parties via social media. This collaboration is not like other agreements, namely written, but all forms of agreement are made via social media based on the principle of freedom of contract. So that in its implementation, defaults often occur by one party or two parties. The purpose of this research is to find out how the Endorsment Agreement between Kopi Papa Ganteng and Instagram Celebrities is implemented and how to resolve disputes regarding default on the Endorsement Agreement between Kopi Papa Ganteng and Instagram Celebrities. The research method used is an empirical legal research method where researchers obtain data directly from the field and obtain information regarding research studies from Kopi Papa Ganteng and Instagram celebrities in Kupang City. Data collection techniques are by means of interviews and literature studies in the form of books, laws and regulations and other materials related to the problem being studied. The results of this research show that: First, the implementation of the Agreement between Kopi Papa Ganteng and Instagram Celebrities meets the requirements for the validity of the agreement in Article 1320 of the Civil Code where: there is an agreement between the parties, according to those who made it, there is a certain thing and there is a lawful cause. Kopi Papa Ganteng will contact celebgrams via social media, to endorse several Kopi Papa Ganteng drink products individually. If the celebrity agrees, the endorser provides a price list to Kopi Papa Ganteng. Then, after approval, the endorsement fee payment transaction process occurs, which in this case is 50% and will be paid off after being posted by the celebgram. Second, dispute resolution for celebgrams and Kopi Papa Ganteng regarding non-compliance with the Endorsment Agreement is carried out through amicable settlement without reporting to the authorities. And all disputes were resolved thoroughly by Kopi Papa Ganteng and celebgram. Out-of-court dispute resolution is regulated in Law of the Republic of Indonesia no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.
Tinjauan Yuridis Terhadap Ketidakstabilan Harga Beras Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Andreas Anandri Bagus Angkak; Darius Mauritsius; Yossie M Y Jacob
Artemis Law Journal Vol 1 No 2 (2024): Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15994

Abstract

This research aims to find out legal protection for consumers as well as the inhibiting factors in efforts to stabilize rice prices in terms of Law Number 8 of 1999 concerning Consumer Protection. The research method used in this research is Normative Juridical, meaning research conducted to analyze data in literature using currently applicable legal regulations. The legal sources and materials used are primary, secondary and tertiary legal materials. The research results show that the price of rice has experienced significant price fluctuations in recent years, this is due to factors such as decreasing rice production but increasing demand for rice. So the government is making every effort to overcome this problem in order to protect the public, especially consumers who have difficulty getting or buying rice at quite high prices. There are two ways of protection carried out by the government, namely preventive and repressive protection.