Karolus Kopong Medan
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Nusa Cendana

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Penegakan Hukum Terhadap Tindak Pidana Penodaan, Penyalahgunaan, Dan Penistaan Agama Hindu Di Bali I Putu Eka Saputra; Karolus Kopong Medan; Bhisa Vitus Wilhelmus
ULIL ALBAB : Jurnal Ilmiah Multidisiplin Vol. 5 No. 5: April 2026
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jim.v5i5.16821

Abstract

This research is motivated by the increasing number of cases related to the use of Hindu symbols and teachings, which have provoked public reaction and the potential for social conflict in Bali. This issue is important because it relates to legal certainty in the application of Article 156a of the Criminal Code and the protection of religious values. This study aims to analyze the elements of the crimes of blasphemy, misuse, and defamation and examine the factors influencing law enforcement against these crimes in Bali. The research method used is empirical juridical with a normative and sociological approach, through literature review and interviews, followed by qualitative analysis. The results indicate that the objective elements in Article 156a of the Criminal Code are generally met, particularly regarding the elements of "in public" and the existence of an act or statement. However, proving the subjective element of intent (dolus) requires caution because it is related to the perpetrator's intent. Furthermore, law enforcement is influenced by the multi-interpretable substance of the law, the legal structure, and the Balinese legal culture, which tends to prioritize customary resolution. Therefore, law enforcement against the crime of blasphemy against Hinduism in Bali is not only based on positive legal provisions but is also influenced by the social and cultural conditions of the community. Therefore, judicious application of the law and synergy between law enforcement officials and customary institutions are required.
Analysis Of The Application Of Customary Fines In Resolving Cases Of Violent Land Grabbing Under Timorese Customary Law In Taebenu District, Kupang Regency Rody Marsela Humau; Karolus Kopong Medan; Bhisa Vitus Wilhelmus
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10843

Abstract

Customary fines are sanctions imposed on individuals or groups who violate customary norms or traditional rules, with the aim of restoring the disturbed balance and serving as a means of social control when problems arise within a community. In Timorese customary society, customary fines continue to play an important role as a mechanism for dispute resolution, including in cases of land grabbing accompanied by violence. This study aims to analyze the application of customary fines in resolving cases of violent land grabbing under Timorese customary law in Taebenu District and to identify the factors influencing their effectiveness. This research employs an empirical legal method with a sociological juridical approach. Data were collected through interviews with customary leaders, village officials, perpetrators, and victims, and were supported by a literature review of relevant legal materials. The findings indicate that the imposition of customary fines is carried out through customary deliberation mechanisms involving customary leaders, community leaders, village authorities, and the disputing parties. The customary sanctions generally consist of a combination of rice, pigs, and cash, with the amount determined according to the level of fault and the impact of the act committed. Substantively, the application of customary fines functions not only as a sanction but also as a means of restoring social relationships, maintaining community balance, and achieving peaceful conflict resolution. Normatively and culturally, this mechanism continues to be respected and practiced by the community as an integral part of Timorese customary values. The effectiveness of customary fines is supported by strong local wisdom, community respect for customary authorities, the moral pressure and social shame generated by customary sanctions, and the enduring culture of deliberation within the community. However, several obstacles remain, including the increasing economic value of land, unclear land boundaries and inheritance status, imbalance between the imposed fines and the material losses suffered by victims, and the influence of modernization that encourages some individuals to seek resolution through formal state law. These factors indicate that customary fines have not yet fully prevented the recurrence of violent land grabbing cases.
Criminological Study of Criminogenic Behavior in the Practice of Kizomba Dance within the Community of Miomaffo Tengah Subdistrict, North Central Timor Regency Amandus Sali Kofi; Karolus Kopong Medan; Adrianus Djara Dima
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10855

Abstract

This study aims to analyze the practice of Kizomba dance as criminogenic behavior and to examine the efforts undertaken to address conflicts arising from its practice in Miomaffo Tengah Subdistrict, North Central Timor Regency. This research employs a qualitative method with criminological and sociological approaches, using interviews, observations, and documentation techniques. The findings indicate that the practice of Kizomba dance has generated social reactions in the form of anxiety, tension, and social stigma among segments of the community, as it is perceived to be inconsistent with customary values, norms of decency, and religious teachings upheld within the local society. Although it does not always result in officially reported criminal acts, the practice has the potential to function as a criminogenic factor that triggers latent conflicts, particularly when influenced by alcohol consumption, peer group pressure, and weak social control. Conflict mitigation efforts are carried out through pre-emptive, preventive, and repressive approaches. Pre-emptive measures include legal education and socialization programs conducted by law enforcement authorities in collaboration with traditional and religious leaders. Preventive efforts involve limiting party hours, supervising alcohol consumption, enforcing public order regulations, and promoting local traditional dances as alternative forms of entertainment. Repressive measures are implemented through customary mediation, the application of social and traditional sanctions (Na’opab), and criminal law enforcement when conflicts escalate into criminal offenses. The study concludes that synergy between state law and customary law plays a crucial role in controlling potential conflicts, although strengthening local regulations and enhancing collective community awareness remain necessary for sustainable conflict management.