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All Journal Petitum Law Journal
Jimmy Pello
Faculty of Law, Nusa Cendana University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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HAMBATAN PENERAPAN SANKSI PIDANA TERHADAP PELAKU PEMBUANGAN SAMPAH TIDAK PADA TEMPATNYA DI KABUPATEN TIMOR TENGAH SELATAN Maria E. Y. W. Napa; Jimmy Pello; Bhisa Vitus Wilhelmus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22581

Abstract

This study explores the challenges in implementing criminal sanctions against individuals who litter in Soe City, South Central Timor Regency, which is based on Regional Regulation Number 4 of 2018 concerning Waste Management. The method applied in this study is empirical law with the use of a qualitative approach, involving structured interviews with government officials, police, and the community, as well as field observations and document analysis. The results of this study found six factors that hinder implementation: (1) weak law enforcement by the Department of Environment, Civil Service Police Unit, and South Central Timor Police who prefer persuasive methods; (2) inadequate infrastructure, where only 12 of the 44 landfills are operational; (3) low levels of legal awareness among the community; (4) cultural habits such as the practice of burning waste; (5) lack of coordination between institutions; and (6) instability in the application of administrative sanctions as an initial step before criminal sanctions. This study also discusses the types of administrative sanctions (such as warnings, fines, and permit revocation) and criminal sanctions (six months imprisonment or a fine of IDR 50 million) contained in the regulation, as well as the differences between existing provisions and practices in the field. The findings of this study demonstrate the importance of combining strong law enforcement, capacity building of officers, infrastructure improvements, and local culture-based educational approaches to address the waste problem comprehensively.
HAMBATAN PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERUSAKAN RUMAH ADAT SUMBA Ezra Yohanes Godo Bili; Jimmy Pello; Ngongo Dede
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22790

Abstract

This research aims to identify and analyze the obstacles faced in enforcing criminal law against the perpetrator of the destruction of a traditional house in Bodo Maroto Village, West Sumba Regency a site recognized as a cultural tourism object in Sumba. The incident occurred when a man, driven by anger toward his wife, threw a kerosene lamp, unintentionally causing a massive fire that destroyed the traditional house and several surrounding homes. The research employs an empirical legal approach supported by a normative juridical analysis. Data were collected primarily through interviews with local traditional leaders and tourism stakeholders. The findings indicate that the main obstacles to legal enforcement include limited law enforcement resources, a low level of legal awareness within the community, and significant socio-economic impacts, such as community trauma and loss of tourism income. Moreover, cultural and familial considerations led the community to refrain from reporting the perpetrator to the authorities. This study concludes that legal enforcement in customary law areas requires a more contextual and collaborative approach between law enforcement agencies, local government, and indigenous communities.
UPAYA DAN KENDALA MENGATASI TINDAK PIDANA ILEGAL LOGGING DIKAWASAN HUTAN LINDUNG SISIMENI SANAM PADA KECAMATAN AMABI OEFETO Martha Riberu; Jimmy Pello; Bhisa Vitus Wilhelmus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.23071

Abstract

Research in the Sisimeni Sanam Protected Forest Area in Amabi Oefeto identified systematic factors that cause illegal logging: (1) Economic (community poverty, low choice of other jobs, and demand for illegal wood); (2) Political and Policy (weak law enforcement, corruption among officials, unclear policies, and the involvement of several members of the Indonesian National Armed Forces as perpetrators); (3) Social and Cultural (lack of environmental awareness, local traditions, and low community participation); (4) Geographic and Technical (remote location and low monitoring technology). This study used an empirical legal research method with a qualitative approach to explore these issues in depth. Actions to address these problems (preventive efforts such as socialization and reforestation; repressive efforts such as patrols and sanctions) have proven ineffective due to a number of obstacles: inadequate socialization, weak coordination between institutions, unclear forest area boundaries, complicated licensing processes, and structural obstacles such as corruption and protection of influential individuals. Effective solutions require a comprehensive approach: overhauling forestry policies, eliminating corruption, developing sustainable economies, improving technical capabilities (such as the use of drones or satellites), fair law enforcement (including by law enforcement), and increasing community engagement through environmental education.
Co-Authors Bhisa Vitus Wilhelmus Ezra Yohanes Godo Bili Maria E. Y. W. Napa Martha Riberu Ngongo Dede