Bhisa Vitus Wilhelmus
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Nusa Cendana

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

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.
Juridical Study of the Practice of Fishing Using Explosives (A Case Study of Fishermen on Semau Island Herli Paulus Poto; Jimmy Pello; 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.v12i2.10892

Abstract

The practice of fishing using explosives is a form of destructive fishing that not only violates fisheries law but also causes serious impacts on the sustainability of marine ecosystems and the socio-economic life of coastal communities. Although it has been strictly regulated under Law Number 45 of 2009 concerning Fisheries and reinforced by the Minister of Marine Affairs and Fisheries Regulation Number 36 of 2023, this illegal practice continues to occur in several coastal areas, including Semau Island, Kupang Regency, East Nusa Tenggara Province. This study aims to analyze the factors that cause fishermen on Semau Island to continue using explosives in fishing activities despite legal prohibitions, and to examine the juridical impacts on perpetrators, communities, and marine ecosystems. This research employs an empirical legal research method with a case study approach. Data were obtained through interviews with fishermen, law enforcement officers from the Marine and Air Police Directorate (Ditpolairud), and other related stakeholders. These data were supported by document studies of legislation, court decisions, and relevant legal literature. The data were analyzed using a descriptive qualitative approach based on theories of law enforcement, legal certainty, criminal liability, and legal awareness. The findings reveal several key factors encouraging fishermen to continue using explosives, including economic pressure and livelihood needs, time efficiency with larger catches, easy access to explosive materials, long-standing fishing traditions, low levels of legal awareness and compliance, and limited alternative livelihoods. Furthermore, the practice results in juridical consequences in the form of criminal sanctions for offenders, socio-economic losses for coastal communities, and severe damage to marine ecosystems, particularly coral reefs and fish resources. In addition, weak law enforcement and the limited deterrent effect of court decisions have reduced the effectiveness of legal implementation in practice. This study concludes that a gap still exists between legal norms and their practical implementation in fishing activities on Semau Island. Therefore, stronger law enforcement, increased legal awareness among fishermen, and integrated policies addressing legal, social, economic, and environmental aspects are necessary to achieve sustainable and equitable fisheries resource management.