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Kebijakan Kriminal Dalam Perlindungan Korban Pelecehan Seksual Via Virtual Reality Ramis, Teresia Avilla; Manuain, Orpa G; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.21531

Abstract

Technological advances have created virtual reality that allows for digital interaction, but also opens up opportunities for sexual harassment. Positive law in Indonesia does not yet have specific rules to regulate cases of sexual harassment in the context of virtual reality. This research aims to find out and analyze criminal policy, namely penal policy and non penal policy in the protection of potential victims of sexual harassment via virtual reality. This research is a normative legal research with a legislative, conceptual, and case approach. The source of legal materials used consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is carried out through literature studies. Criminal policy analysis in the criminal act of sexual harassment via Virtual Reality is carried out using descriptive analysis techniques, which involve the analysis of penal policy and non penal policy to understand the applicable criminal law policy and find out preventive measures that can be used to protect potential victims of sexual harassment via virtual reality in the future. Based on the results of the research, criminal law policy in Indonesia can provide protection for potential victims of harassment via virtual reality. However, the implementation of penal policy alone is not enough, so there needs to be a non-penal policy that can help prevent and handle sexual harassment via virtual reality. Thus, criminal law policy or penal policy and non-criminal law policy or non-penal policy can be an effective solution to protect victims of sexual harassment via virtual reality.
Upaya Penegakan Hukum Balai POM Di Kupang Terhadap Produksi Dan Penjualan Kerupuk Yang Mengandung Boraks Kadja, Gracia Frederika; Dima, Adrianus Djara; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.22002

Abstract

Law enforcement efforts by the BPOM in Kupang were carried out by the BPOM Civil Servant Investigator (PPNS) by conducting an investigation based on sample results. During the 2021-2023 period, there was a surge in the discovery of foods containing borax with crackers being the most products. The formulation of the problem in this study is: (1) How are the law enforcement efforts by the BPOM in Kupang against the case of the discovery of crackers containing borax. (2) What is the inhibiting factor for the BPOM in Kupang in carrying out law enforcement efforts against the case of the discovery of crackers containing borax. The type of research used in this study is empirical juridical, namely in analyzing problems carried out by combining legal materials with data in the field. The results of the research obtained: (1) Law enforcement efforts by the BPOM were carried out by BPOM investigators based on the results of sample tests and investigations were carried out by investigators with the provision of administrative sanctions. (2) The factors that hinder law enforcement by the BPOM are due to; lack of investigators, lack of ability, understanding and awareness of actors, actors who sell from place to place, lack of optimal implementation of regulations, lack of awareness of parties collaborating with the BPOM, geographical conditions in the form of islands, and lack of community participation. Suggestions need to increase law enforcement in the food sector, especially in the production and sale of crackers with borax, increase in cooperation with parties who collaborate with the BPOM in socializing food security and the dangers of chemical additives, strict supervision of the distribution and sale of cracker products containing borax, and followed by increasing awareness of each sector in collaboration with BPOM.
Tinjauan Yuridis Tentang Kebijakan Penanganan Narapidana Lansia (Suatu Analisis Terhadap Kesejahteraan dan Kesehatan Mental di Lembaga Pemasyarakatan Kelas II A Kupang) LeoDima, Harmingganov; Amalo, Heryanto; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.22135

Abstract

The increasing number of elderly inmates in correctional institutions presents new challenges for Indonesia’s legal system and correctional policy, particularly in the context of Eastern Indonesia. As part of the correctional population, elderly inmates have specific needs that are not yet fully accommodated by the existing system. This study aims to analyze the policy on the treatment of elderly inmates at Class IIA Correctional Facility in Kupang and assess its effectiveness in ensuring their well-being and mental health, including identifying key obstacles and formulating adaptive rehabilitation approaches. The research adopts an empirical juridical method by combining normative analysis of relevant legislation with field studies conducted through interviews, observation, and documentation. The findings reveal that current policies are insufficiently responsive to the specific conditions of elderly inmates. Key issues identified include the limited availability of medical personnel and mental health services, inadequate elderly-friendly infrastructure, and the absence of rehabilitation programs tailored to their physical and psychosocial conditions. This study concludes that the correctional system remains oriented toward a standard model that fails to comprehensively address the needs of vulnerable groups. Therefore, there is an urgent need for participatory correctional policies based on individual needs and strengthened rehabilitative approaches. Moreover, this research contributes to the enrichment of legal literature on correctional policies for elderly inmates at the regional level, particularly in Eastern Indonesia, which has received limited attention in academic discourse.
RITUAL HAI NIKI (BUANG PANAS) DITINJAU DARI ASPEK HUKUM PIDANA Nitbani, Florensi T; Pello, Jimmy; Fanggi, Rosalind Angel; Wihelmus, Bhisa Vitus
Petitum Law Journal Vol 3 No 1 (2025): Petitum Law Journal Volume 3, Nomor 1, November 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i1.22347

Abstract

This research discusses the practice of Hai Niki, a post-circumcision ritual performed by the Atoni Pah Meto indigenous community on Timor Island. In this ritual, newly circumcised men are required to have sexual intercourse with women who are not their legal partners as part of the healing and purification process according to local beliefs. Although considered sacred in the local culture, this practice raises legal, ethical and human rights issues, especially because it places women as sexual objects without full control over their bodies. Using an empirical juridical approach, this research explores data through interviews with traditional leaders, perpetrators, and women involved. The results show that this ritual has the potential to violate national criminal law, including adultery, trafficking, and the protection of women and children. This research highlights the tension between customary law and formal state law. Therefore, a responsive and transformative legal approach is needed by emphasising the importance of legal awareness, gender equality education, and human rights protection, without ignoring local cultural identity.
Hambatan Penyidik Kepolisian Daerah Nusa Tenggara Timur dalam mengungkapkan Tindak Pidana Perdagangan Orang Djo, Marlin; Manuain, Orpa G; Fanggi, Rosalind Angel
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.19456

Abstract

This research analyzes the obstacles faced by investigators from the East Nusa Tenggara Regional Police (Polda NTT) in uncovering criminal acts of human trafficking (TPPO), which is a serious and widespread problem in this region. TPPO often involves organized crime networks and complex modus operandi, such as document falsification and exploitation of victims' vulnerable positions. This research uses an empirical juridical approach and qualitative descriptive analysis techniques, with primary data obtained through interviews with investigators and secondary data from related literature. The research results show that the main obstacles facing the disclosure of TPPO include limited human resources, minimal special training for investigators, limited technology and infrastructure, and low public awareness of TPPO. Efforts to overcome these obstacles include increasing training for investigators, collaborating with relevant institutions, and public awareness campaigns about the dangers of human trafficking. This research provides recommendations for increasing the effectiveness of handling TIP in the NTT Regional Police through increasing investigator capacity and synergy between institutions.
Penerapan Pidana Tambahan Berupa Uang Pengganti Dalam Perkara Tindak Pidana Korupsi Mantan Bupati Kabupaten Kupang Ibrahim Agustinus Medah (Putusan No.78/Pid.Sus-TPK/2021/PN. KPG) Sine, Jeremy Alexander; Manuain, Orpa Ganefo; Fanggi, Rosalind Angel
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.21118

Abstract

This study examines the provisions of additional criminal penalties in the form of replacement money in the corruption case of the former Regent of Kupang Regency, Ibrahim Agustinus Medah, based on Decision No. 78/Pid.Sus-TPK/2021/PN.KPG. Based on these problems, this study focuses on two main aspects, namely how to apply additional criminal penalties in the form of replacement money in corruption crimes in accordance with applicable law. This study uses an empirical legal research method with a regulatory-statutory approach and a conceptual approach. The results of the study show that although additional criminal penalties in the form of replacement money have been regulated in the Indonesian criminal law system, their implementation still faces various obstacles. Some of the main obstacles found in this study include the difficulty of the process of proving assets that can be confiscated, the limited financial ability of the convict to pay replacement money, the slow process of executing the verdict, and the lack of effective supervision in the implementation of this additional penalty. Therefore, improvements are needed in the execution mechanism, increased transparency in law enforcement, and strengthened supervision and coordination between related institutions to increase the effectiveness of the application of additional criminal penalties in corruption cases.