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PEMERINTAH DESA DAN PENGELOLAAN DANA DESA UNTUK MENCIPTAKAN KESEJAHTERAAN MASYARAKAT DESA LAWAHING, KECAMATAN KABOLA, KABUPATEN ALOR Loudric J. P. Lapenangga; Kotan Y Stefanus; Cyrilus W. T Lamantaro
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.v1i1.13337

Village is a legal community unit that has territorial boundaries that are authorized to regulate and manage government affairs, the existence of the Village juridically in Law Number 6 of 2014 concerning Villages explained that the Village is the smallest part of the government administration system. Village funds are a follow-up to the government's program to build Indonesia from the periphery by strengthening regions and villages within the framework of a unitary state that aims to improve welfare and equitable development through improving public services, advancing the economy, overcoming development gaps between villages and strengthening communities as subjects of development. From the description above, the author is interested in conducting research using criminological theories, with the following problem formulation: 1) What is the function of the village government in managing village funds? 2) What is the impact of village fund management on the welfare of the people of Lawahing Kabola Village, Alor Regency? Research Methods is empirical juridical research. Research results The results showed that: Management Village funds carried out by Lawahing Village are good enough with various activities including for the welfare of the village community but want the Lawahing Village community apparatus to be more active in planning, implementing and evaluating village community empowerment work programs in order to improve the welfare of the village community and for Lawahing Village officials to be more active in planning, implementing and evaluating village community empowerment work programs in order to improve the welfare of the village community.

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.

ANAK SEBAGAI TENTARA DALAM KONFLIK BERSENJATA MENURUT PERSPEKTIF HUKUM HUMANITER INTERNASIONAL DAN KONVENSI HAK ANAK 1989 Agustiyono Elfondag Lay Riwu; Dhesy A Kase; Gerald Aldytia Bunga
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.v1i1.13343

War and conflict have become an inseparable part of human history. One of the victims of war is children who are actually the forerunners of the continuation of life and the future of mankind .It is on this basis that various provisions in international law emerged to recognize children's rights and protect children from armed conflicts, including the 1989 Convention on the Rights of the Child. Nevertheless, exploitation of children in armed conflicts still occurs in various parts of the world. This study aims to re-examine the mechanism of child protection in the 1989 Convention on the Rights of the Child and related provisions and to look at its implementation and weaknesses in order to find solutions to increase the effectiveness of implementing these provisions. The main source of this research is the 1989 Convention on the Rights of the Child and its additional Protocols, accompanied by UN reports on various gross violations of children's rights in various countries.Based on the results of the research, it was found that in various countries in the world the number of uses of children in armed conflicts is still very concerning, Thus, it was concluded that a better approach and more concrete efforts from various parties are needed to reach a resolution and stop conflicts that continue to victimize children.

KECENDERUNGAN PENGGUNAAN HUKUM ADAT DAN EFEKTIVITAS PENGENAAN SANKSI ADAT TERHADAP TINDAK PIDANA PERZINAHAN DI DESA TODANARA KECAMATAN ILE APE TIMUR KABUPATEN LEMBATA Philadelfianus J. O Making; Karolus Kopong Medan; Heryanto Amalo
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.v1i1.13344

Customary law plays a role in shaping society to interact properly and correctly as well as as a means of anticipating social clashes that result in conflict. The existence of customary law in society is a reflection of community life and each region has different customary laws according to the customs existing in that area with characteristics that are not written or codified. Likewise in Lembata district, especially in Todanara village, in addition to the enactment of the Criminal Code as an umbrella for criminal law, there is also evidence in certain aspects of community life of the application of criminal customary law in the form of sanctions in the form of fines and exclusion from social circles. visible in social life. Problem formulation: 1. Why do Todanara village communities tend to resolve adultery cases through customary legal mechanisms, 2. How effective is the imposition of customary sanctions against criminal acts of adultery in Todanara village, East Ile Ape District, Lembata Regency? This research aims to find out, analyze and explain the reasons or causes of society using customary law and resolving adultery cases through customary law mechanisms as well as knowing and analyzing the effectiveness of the imposition of customary sanctions against the crime of adultery in Todanara Village, Ile Ape Timur District, Lembata Regency The research method used in this thesis uses empirical juridical research methods or field research. Results of research on trends in the use of customary law and the effectiveness of the imposition of customary sanctions against acts of adultery in Todanara Village, Ile Ape Timur District, Lembata Regency, the community still upholds cultural values that bind communities to one another within the framework of family harmonization. The community also maintains family integrity so that it uses customary law as a persuasive approach to maintain broken social relations. The suggestion is that the government of Todanara Village, Ile Ape District, Lembata Regency can play an active role in increasing legal awareness through socialization and legal counseling to create a community that is aware of the law and that traditional leaders create a consensus with the community to create customary law with binding force so that it has a deterrent effect. for perpetrators of criminal acts of adultery and in applying customary sanctions, traditional leaders must reaffirm the customary rules that have been agreed upon, then provide customary sanctions that can minimize cases of adultery.

PELAKSANAAN FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH KOTA KUPANG TERHADAP KINERJA PEMERINTAH KOTA KUPANG DALAM BIDANG PENDIDIKAN DAN KESEHATAN Angelique Rosalia Kuhurima; Saryono Yohanes; Hernimus Ratu Udju
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.v1i1.13346

The presence of the DPRD in a democratic country is not to reduce the authority of the executive but must be seen as an effort to better guarantee the interests of the people in all local government policies. DPRD in accordance with its nature as a legislative institution which has three main functions, namely the function of legislation, the function of the budget and the function of supervision. The Kupang City DPRD Secretariat formulates the Organizational Mission as the main task that must be carried out by the organization in order to achieve the Organization's Vision by taking into account the interests of all components and parties related to the organization. The reason is because a centralized party system makes DPRD members side with the party as a source of legitimacy rather than the voters and society. In addition, DPRD members often sort out areas of supervision. (1) How is the implementation of the supervisory function of the Regional People's Representative Council (DPRD) of the City of Kupang on the performance of the Kupang City government in the fields of education and health?(2) What are the inhibiting factors for the Regional People's Representative Council (DPRD) of the City of Kupang in carrying out the oversight function of the performance of the Kupang City government in the fields of education and health? This research is an empirical or sociological juridical legal research with the approach used in this research, namely: (1) Socio legal approach (2) Qualitative approach and then analyzed in a qualitative descriptive juridical manner.The results of this study indicate that: (1) The implementation of the supervisory function of the Regional Representatives Council of the City of Kupang has not been optimal as stated in the provisions of the applicable laws and regulations. (2) The inhibiting factors for the Kupang City Regional House of Representatives in carrying out their oversight function on the performance of the Kupang City government in the Education and Health sector are: Availability of Budget and the Covid-19 pandemic.

KEWENANGAN BADAN KEHORMATAN DEWAN PERWAKILAN RAKYAT DAERAH DALAM MENYELESAIKAN PELANGGARAN KODE ETIK YANG DILAKUKAN ANGGOTA DEWAN PERWAKILAN RAKYAT DAERAH Jefrian R Tunu; Kotan Y Stefanus; Cyrilius W. T Lamataro
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.v1i1.13347

In Law no. 1 of 2015 Article 1 number 3. Members of the DPR are required to avoid inappropriate or improper behavior that could undermine the image and honor of the DPR both inside and outside the DPR building according to the ethics and norms that apply in society. This shows that a member of the DPR must be very careful in his words and actions, not only to maintain the honor and image of the DPR but also to reflect the representation of the people's representatives. a member of the TTS DPRD who violated the code of ethics which damaged the name and dignity of a TTS DPRD member because an individual member of the TTS DPRD committed an unlawful act in the case of an individual from the TTS DPRD with the initials JN committing sexual harassment against a victim. with the initials DLS, this matter was reported to the TTS DPRD Honorary Board for trial. The formulation of the problem in this research is: (1) What is the authority of the Honorary Body of the Regional People's Representative Council in resolving violations of the code of ethics committed by members of the Regional People's Representative Council? (2) How is the authority of the Honorary Council of the Regional People's Representative Council used in resolving violations of the code of ethics committed by members of the TTS Regional People's Representative Council? This research is normative legal research. Normative legal research is research carried out by examining library materials or secondary data. The results of this research show that: (1) The Honorary Board of the Regional People's Representative Council has the authority to prevent and take action against members of the Regional People's Representative Council who violate the code of ethics of the Regional People's Representative Council. (2) The Honorary Body of the Regional People's Representative Council of South Central Timor has not effectively used its authority in resolving violations of the code of ethics because it is shackled to the solidarity of members of the Regional People's Representative Council who have no experience in using the honorary body of the Regional People's Representative Council and are immersed in their respective activities.

IMPLEMENTASI HAK-HAK NARAPIDANA BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2022 SERTA HAMBATAN-HAMBATANNYA DI LEMBAGA PEMASYARAKATAN KELAS IIA KUPANG Papy Michael Napu; Rudepel Petrus Leo; Heryanto Amalo
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.v1i1.13349

Implementation of the rights of correctional inmates is a continuous development effort. This lack of attention to the fulfillment of prisoners' rights is closely related to prisoner development and can result in a sub-optimal process of prisoner development which fails in the initial objectives of the Correctional System. The main problems in this research are: (1) How are prisoners' rights implemented in the Kupang Class IIA Penitentiary based on Law Number 22 of 2022 concerning Corrections? (2) What are the obstacles in implementing prisoners' rights at the Kupang Class IIA Penitentiary? This type of research is qualitative research using a juridical-empirical legal research approach, namely an approach carried out in the field by collecting information by observing and interviewing sources related to the research that will be discussed in this research which was carried out at the Class IIA Correctional Institution Kupang, East Nusa Tenggara Province. The results of this research show that: (1) The implementation of prisoners' rights in the Kupang Class IIA Correctional Institution based on Law Number 22 of 2022 concerning Corrections, in general, can be said to be good, but it still needs to continue to be improved starting from carrying out worship according to religion and trust, receive physical and spiritual care, education, teaching and opportunities to develop potential, health services, information services, counseling, and legal assistance, submit complaints, participate in mass media broadcasts, be treated humanely, receive work safety guarantees and receive social services and accepting and refusing visits and their implementation will continue to be implemented until the prisoner has finished serving his sentence. (2) Obstacles include, among others, a shortage of guard duty personnel, a lack of budget, and a shortage of health and education personnel, in terms of education itself there is no special intellectual officer, even in recruitment, up to now there has been no recruitment for teaching staff, especially intellectual education.

PENGATURAN PENGAWASAN SATUAN POLIS PAMONG PRAJA TERHADAP BANGUNAN LIAR DI RUANG MILIK JALAN (RUMIJA) DI KOTA KUPANG Harianto Lele Baari; Kotan Y Stefanus; Hernimus Ratu Udju
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.v1i1.13351

Public order and public peace are dynamic conditions that allow local governments and communities to carry out their activities in a peaceful, orderly, and orderly manner. Therefore, in order to anticipate the development and dynamics of community activities in line with the demands of the era of globalization and regional autonomy, conducive conditions of regional peace and public order are fundamental needs for the community in an effort to improve the quality of their lives. Thus, the emergence of a skewed image of the figure of the Civil Service and Spatial Planning Police Unit is none other than because the community is often treated to repressive actions, but seems arrogant from the regional apparatus when carrying out its role in maintaining and maintaining security and public order. On the basis of the above, the author raises the main problem as follows: 1) What are the Supervision Arrangements of the Civil Service Police Unit on Illegal Buildings in Road-Owned Space (RUMIJA)? 2)What Are the Factors That Hinder the Supervision of the Civil Service Police Unit on Illegal Buildings in Road-Owned Space (RUMIJA)? This research uses normative-empirical juridical research methods, namely research whose data is directly obtained from the research location of respondents (resource persons) and supported by literature research. The results of this study show that the Regulation and Supervision of the Kupang City Civil Service Police Unit in enforcing Kupang City Regional Regulation Number 9 of 2003 concerning Building Arrangement has not been very good in regulating and supervising or arranging buildings in Kupang City so that people are still found building illegal buildings in road-owned spaces (Rumija), this can be seen from the increasing cases of illegal buildings in Kupang City over the past 3 (three) years. So it can be said that the Regulation and Supervision of the Kupang City Civil Service Police Unit and Kupang City Spatial Planning

PELAKSANAAN FUNGSI BADAN PERMUSYAWARATAN DESA DALAM MENAMPUNG DAN MENYALURKAN ASPIRASI MASYARAKAT DI DESA WAIJARANG KECAMATAN NUBATUKAN KABUPATEN LEMBATA DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 Mariani Ngura Karang; Yohanes G Tuba Helan; Cyrilius W. T Lamataro
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.v1i1.13354

The lack of knowledge of the Village Consultative Body regarding the function of accommodating and channeling community aspirations in Waijarang Village, Nubatukan District, Lembata Regency and the lack of awareness of the Village Consultative Body regarding the function of accommodating and channeling community aspirations so that the Village Consultative Body does not involve the community in terms of accommodating and channeling community aspirations and the community is lacking active participation channeling aspirations. The research approaches used in this research are a legislative approach, a conceptual approach, and a legal sociological approach (socio legal). The data collection techniques used were interviews and literature study techniques/documents studied and based on literature related to this research and the provisions of applicable laws and regulations. The results of the research show: (1) The implementation of the function of the Village Consultative Body in accommodating and channeling the aspirations of the community in Waijarang village, Nubatukan District, Lembata Regency is not running effectively due to a lack of understanding and awareness from the Village Consultative Body. (2) External inhibiting factors in implementing the function of the Village Consultative Body in carrying out its function of accommodating and channeling community aspirations, namely that the community does not understand the function of the Village Consultative Body and the community does not participate actively in channeling aspirations through the Village Consultative Body.

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.

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Contact Name
Chatryen M. Dju Bire

Contact Email
petitumlawjournal@undana.ac.id

Phone
+6285338421918

Journal Mail Official
petitumlawjournal@undana.ac.id

Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location
Kota kupang,

Nusa tenggara timur

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Chatryen M. Dju Bire

Contact Email petitumlawjournal@undana.ac.id

Phone +6285338421918

Journal Mail Official petitumlawjournal@undana.ac.id

Editorial Address Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location Kota kupang, Nusa tenggara timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Chatryen M. Dju Bire

Contact Email
petitumlawjournal@undana.ac.id

Phone
+6285338421918

Journal Mail Official
petitumlawjournal@undana.ac.id

Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location
Kota kupang,

Nusa tenggara timur

INDONESIA