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FAKTOR PENYEBAB DAN PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 14/PDT.G/2014/PN.RNO ANTARA MASYARAKAT DAN PEMERINTAH KABUPATEN ROTE NDAO Jefry O Manafe; Sukardan Aloysius; Darius Mauritsius
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.v1i1.13341

Land disputes are unavoidable in this day and age, this is because land disputes arise from complaints from a party (person / agency) containing objections and demands for land rights, priorities and ownership in the hope of obtaining administrative settlements in accordance with applicable regulations. The problems in this thesis are: (1) What are the factors that cause land disputes between landowners in Sanggoen Village and the Government of Rote Ndao Regency in Civil Case Decision Number 14/Pdt.G/2014/PN.Rno? and (2) What is the position of land grants against the issuance of certificates of ownership on behalf of Executive and Legislative Officials in Civil Case Decision Number 14/Pdt.G/2014/PN.Rno?. This research is a normative legal research by collecting, reading, tracing a number of library materials and analyzing Decision Number 14/Pdt.G/2014/PN.Rno. Data processing is carried out by several processes, namely the data obtained is studied then processed and analyzed. The last stage is drawing conclusions from the data that has been processed. The results of this study show: (1) factors causing land disputes between landowners in Sanggoen Village and the Government of Rote Ndao Regency, namely: The annexation of the Plaintiffs' land by issuing certificates to 40 Executive and Legislative Officials in Rote Ndao Regency and the Plaintiffs' and Defendants' proof that the disputed land is their legitimate property and (2) The position of the land grant against the issuance of certificates of ownership on behalf of 40 Executive and Legislative Officials, namely: referring to Article 1365 of the Civil Code, the issuance of certificates which is a product of the National Land Agency of Rote Ndao Regency contains legal defects. The certificate does not have binding legal force and should be canceled by law.

PEMENUHAN SYARAT CERAI MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DALAM KASUS PENELANTARAN ISTRI YANG BERDAMPAK PADA PERCERAIAN SERTA RASA KEADILAN PENGGUGAT, STUDI KASUS PUTUSAN PENGADILAN NEGERI KUPANG NOMOR 79/PDT.G/2021PN KPG Nehemia O Naisanu; Sukardan Aloysius; Darius Mauritsius
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.v1i1.13355

In the definition of divorce, it is said that sufficient reasons are needed for divorce, and these reasons will be proven in a court trial. Divorce cannot be done as easily as turning the palm of your hand. The most important consequence of the breakdown of a marital relationship is the division of joint assets. If a separation of assets agreement was not entered into before marriage, then the assets acquired during the marriage must be divided upon divorce. The author conducted research on the Kupang District Court Decision, Number: 79/PDT.G/2021/PN KPG, so it was deemed necessary for the author to review whether the Decision was in accordance with the problem formulation in the research on Law Number 1 of 1974 concerning Marriage. (1) Does the Kupang District Court Decision Number: 79/PDT.G/2021/PN KPG fulfill the requirements for reasons for divorce according to Law Number 1 of 1974 concerning Marriage? (2) How do the judges' considerations in the Kupang District Court Decision Number: 79/PDT.G/2021/PN KPG fulfill justice for the parties that have an impact on the divorce? This research is normative legal research with the approach method used in this research, namely: (1) Legal Approach (2) Conceptual Approach and (3) Comparative Approach then analyzed prescriptively juridically. The results of this research show that: (1) The decision given by the judge in the Kupang District Decision Number: 79/PDT.G.2021/PN KPG is clear in accordance with the reasons for the divorce in the explanation of article 39 of Law Number 1 of 1974 JO. Article 19 of Government Regulation Number 9 of 1975, states that because the plaintiff and the defendant have had separate houses and beds for up to five years, and the plaintiff has been abandoned. (2) In this case, the researcher sees that the Kupang District Court Decision Number: 79/PDT.G/2021/PN KPG, is in accordance with the actions of the plaintiff, namely that he had come to appear at the trial, but the defendant did not come to appear or asked other people to appear to appear. Represent him legally, at the trial in this case even though he had been summoned using valid court procedures, the defendant was not present at the trial and also did not show his legal representative to represent him at the trial, so that according to the researcher, there was balanced justice between the parties. those in dispute, both plaintiffs and defendants.

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

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.

KEDUDUKAN ANAK LUAR KAWIN (BUI PA KEPUE) MENURUT HUKUM ADAT SABU DI KECAMATAN SABU TIMUR, KABUPATEN SABU-RAIJUA Dewiner E. C Soruh; Agustinus Hedewata; Darius Mauritsius
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.v1i1.13373

The position of children out of wedlock is governed by various legal backgrounds one of them is customary law. In a community or tribal group, there is certainly an unwritten law or what is called customary law. One of them is the Sabu-Raijua District, East Nusa Tenggara Province. Thus the tribe has regulations or customary laws governing children out of wedlock that apply in the tribe. The main problem in this thesis are: (1) What is the position of children out of wedlock (bui pa kepue) according to Sabu customary law in East Sabu Sub-district, Sabu-Raijua District? (2) How is the implementation of the mother for children out of wedlock (bui pa kepue) according to gray customary law? This research is an empirical legal research carried out in Kudjiratu village,east Sabu Sub-district, Sabu-Raijua Distric. This research uses primary data and secondary data. Data collection techniques using interview techniques, document, observation. Data was analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen: (1) Based on the results of interviews with the customary head in kudjiratu village that the position of children out of wedlock (bui pa kepue) according to the customary law of Sabu in East Sabu Sub-district is considered special and different from children out of wedlock in general because the child (bui pa kepue) is considered the direct child in the family or the youngest child, the position is equal to that of the son of his mother’s brother. (2) The implementation of the mother’s responsibility for children out of wedlock (bui pa kepue) is that the mother’s family is appointed as the child of the mother’s parents so that the full responsibility is borne by the mother and her family.

Tinjauan Yuridis Pengalihan Uang Kembalian Konsumen Dalam Bentuk Donasi Oleh Pelaku Usaha Retail Ditinjau Dari Undang-Undang Perlindungan Konsumen Nomor 8 Tahun 1999 di PT Sumber Alfaria Trijaya tbk Keluruahan Lahi Lai Bissi Kopan (llbk) dan Fatululi Kota Arthur Geraldo Rahman; Darius Mauritsius; Helsina Fransiska Pello
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.v1i2.14822

The main problems in this writing are as follows: (1) What are the reasons for the transfer of consumer change in donations? (2) What is the procedure for withdrawing donations for the remaining fractions of consumer change coins at PT Sumber Alfaria Trijaya Tbk? (3) What are the obstacles and solutions to returning the remaining fractions of coins in transactions at PT Sumber Alfaria Trijaya Tbk? This type of research is empirical research conducted in This research was conducted at the place of business actors PT Sumber Alfaria Trijaya Tbk/Alfamart LLBK and Fatululi Villages, Kupang City, East Nusa Tenggara Province and the data source used was primary data. Primary data is data obtained directly from the research location through direct interviews with respondents. Based on the results of this study, it can be seen that (1) The following are some of the reasons for diverting consumer change, availability of small change, ease of transactions, store policy and reducing the loss of small change. (2) After the shift change or completion of working hours, the bank will collect all sales transactions, sales and donations every 2 or 3 days. Furthermore, it will be processed by the parent Alfamart Company in each province, then channeled to the Alfamart head office of the welfare care program, and given to the people in need through the Alfamart care program. (3) (obstacles) in the transfer of consumer change, there are still often some employees (unscrupulous) who do not carry out their duties properly, such as misusing consumer donations for their personal interests and not recording the donation money in the monitor. (Solution) Regarding the existence of dishonest cashier employees, the company should take actions such as, often conducting work checks at each Alfamart outlet, and if it has occurred, it should immediately give a firm warning and sanction to the employee, always routinely checking and disciplining employees

HAK ASUH ANAK DIBAWAH UMUR MENURUT ADAT LEWA DiKABUPATEN SUMBA TIMUR (STUDI KASUS DI DESA KONDAMARA KECAMATAN LEWA KABUPATEN SUMBA TIMUR) Gerald Yustenlye Khamtry Laos; Agustinus Hedewata; Darius Mauritsius
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.v1i1.13563

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. In marriage, a man and woman form a bond that leads to the formation of an ideal family with the goal of living together forever. This research uses empirical juridical legal research methods, carried out by collecting data consisting of interviews, direct data collection from the research location, and document study. The data collected was processed and analyzed using qualitative research methods. Based on the research results, it can be concluded that, (1) Factors inhibiting the distribution of child custody. Marriage factors in society are very influential in terms of the distribution of child custody rights, and cultural factors. (2) The process of dividing child custody is not solely based on who has the most rights, but what must be seen and prioritized is the best interests of the child.

AKIBAT HUKUM KETERLAMBATAN MENDAFTARKAN AKTA KELAHIRAN ANAK DITINJAU DARI UNDANG-UNDANG NOMOR 23 TAHUN 2003 TENTANG PERLINDUNGAN ANAK DAN PEREMPUAN (STUDI KASUS DINAS KEPENDUDUKAN DAN CATATAN SIPIL KABUPATEN FLORES TIMUR) Max Erwin Grandi Hotan; Sukardan Aloysius; Darius Mauritsius
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.v1i1.13675

The state of Indonesia, which is a state of law, should have a society that is aware of the law. One form of awareness of the Indonesian people towards the law is to realize how important and necessary it is for someone to have written evidence in determining the status of that person for events or events that always exist. in the course of human life, among others; marriage events, birth events, child recognition or legalization events, divorce events and by registering the event or incident at the Civil Registry Institution in the form of a Civil Registry Deed. This is in accordance with the law in the Decree of the Minister of Home Affairs Number 54 of 1999 concerning Guidelines for the Implementation of Population Registration in articles 3 and 5 which essentially states that every resident and temporary resident is obliged to register and register every event of birth, marriage, divorce and death listed in the Deed of Population Registration. The formulation of the problem that will be examined by the author is (1) What are the legal consequences if someone is late in registering a birth certificate in terms of Law No. 23 of 2003. (2) What is the proper procedure in registering a birth certificate for those who are too late to register according to Law No. 23 of 2003. This study uses an empirical juridical method, namely research whose data is obtained directly from interviews with respondents in the research field to investigate the legal reality that exists in social life. Data processing techniques using editing, coding and tabulating techniques. The respondents were the Head of the East Flores Regency Dispenduk, Civil Registration Service Division, People who were Late in Registering a Birth Certificate. and data analysis techniques using descriptive qualitative analysis. The results of the study show: (1) Legal Consequences If Someone is Late in Registering a Birth Certificate In terms of Law No. 23 of 2003, the ADMINDUK Act if there is a delay in registering a child's birth certificate is usually subject to sanctions. (2) Appropriate Procedures in Registering Birth Certificates for those who are late in registering according to Law No. 23 of 2003. Applicants enter data, birth form data filled in from the village, original birth information from the hospital or from the village, and even then giving birth at home.

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