Article Per Year (5 Year)
p-Index From 2021 - 2026
0.702
P-Index
This Author published in this journals
All Journal Artemis Law Journal Petitum Law Journal
Bhisa Vitus Wilhelmus
Faculty Of Law, Nusa Cendana University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
Peran Dinas Kehutanan Dalam Menanggulangi Tindak Pidana Illegal Logging diKelurahan Umanen, Kecamatan Atambua Barat, Kabupaten Belu Eduardus Franko Sufani; Heryanto Amalo; Bhisa Vitus Wilhelmus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22148

Abstract

The problem of illegal logging is actually a very complex matter, because it is not only related to the law enforcement or juridical aspects, but also related to economic, sociological and cultural aspects. This illegal logging practice is generally carried out by individuals who actually have official permits from the Indonesian government to carry out logging on land, such as holders of Forest Concession Rights (HPH) concession permits. The type of research in this study is empirical legal research. The types and sources of data used are primary data and secondary data. The role of the Forestry Service in overcoming illegal logging practices in the Umanen area, West Atambua District, Belu Regency is carried out with two handling approaches, namely the preventive approach, namely the approach to the community, empowering the community, and reforestation (replanting bare forests). The repressive approach, namely conducting operations, and imposing severe sanctions on those who violate. Obstacles in overcoming Illegal Logging include legal obstacles, geographical factors, lack of law enforcement facilities and infrastructure, weak coordination between law enforcers, and community human resource factors.
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.
PERTANGGUNGJAWABAN PIDANA PELAKU KLEPTOMANIA: KAJIAN KUHP DAN UNDANG-UNDANG KESEHATAN DALAM KASUS PILOT WINGS AIR Surya Kurnia Kale Mira; Rudepel Petrus Leo; 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.v3i2.23060

Abstract

This study found that although the Indonesian Penal Code, particularly Article 44, allows for the exclusion of criminal liability for individuals with mental disorders, its practical application by the courts remains inconsistent. In the case involving a Wings Air pilot diagnosed with kleptomania—a psychiatric condition marked by an uncontrollable urge to steal—the court still imposed a criminal sentence. This was despite medical assessments indicating that the disorder could impair the individual’s mental capacity to form criminal intent (mens rea). Such a judicial outcome reveals a gap between the legal framework and its enforcement, where medical evaluations are not fully integrated into legal reasoning. The Health Law, which outlines more precise criteria for assessing mental health conditions, is not yet optimally utilized in legal proceedings. Therefore, the case underscores the need for a more cohesive interplay between legal principles and medical insight to ensure a fair and substantively just legal process for offenders with psychiatric conditions.
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 Eduardus Franko Sufani Heryanto Amalo Jimmy Pello Maria E. Y. W. Napa Martha Riberu Rudepel Petrus Leo Surya Kurnia Kale Mira