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Journal : Petitum Law Journal

PENEGAKAN HUKUM ATAS PENIPUAN DALAM JUAL-BELI BAHAN BAKAR MINYAK DI KABUPATEN BELU Haki, Grasella Listin; Pello, Jimmy; Leo, Rudepel Petrus; 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.v3i1.22168

Abstract

This study aims to analyze the gap between legal regulations and their practical implementation in fuel sales activities in Belu Regency, as well as to identify various obstacles that hinder the effective enforcement of criminal law against fraudulent actors in these activities. The approach used is an empirical juridical approach with qualitative descriptive methods, examining both the applicable laws and their enforcement in society, particularly concerning fraud practices in fuel distribution and sales. Data were collected through interviews with five attendants of Stasiun Pengisian Bahan Bakar Umum (SPBU), ten consumers, and informal fuel sellers, supported by literature review and relevant regulations. The findings reveal fraudulent practices such as manipulation of fuel volume, failure to reset dispensers to zero before filling, and resale of fuel by consumers. These actions constitute violations of Article 378 of the Indonesian Criminal Code (KUHP) concerning fraud, yet firm legal enforcement remains lacking. This study also identifies several barriers to effective law enforcement, including unclear legal provisions, limited resources of law enforcement officers, inadequate supporting infrastructure, low public legal awareness, and a cultural tendency to tolerate legal violations. Therefore, this study recommends strengthening law enforcement mechanisms and supervision systems to ensure fuel distribution and sales are conducted fairly, transparently, and responsibly.
TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA KEKERASAN ANTAR WARGA EKS TIMOR-TIMUR DAN WARGA LOKAL SECARA BERULANG-ULANG DI KABUPATEN KUPANG Pakh, Wian Krista; Leo, Rudepel Petrus; Amalo, Heryanto
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.v3i1.22474

Abstract

Recurrent violent conflicts between former East Timorese refugees and local communities in Kupang Regency (2005-2018) were caused by competition over economic resources, negative views, and identity issues after the 1999 referendum. This legal research investigates the causes and ways of resolving the conflict with a focus on Tanah Merah Village, Central Kupang—an area chosen because it has a long history of conflict and structural injustices that reflect the overall dynamics of the area. The methods used include structured interviews with stakeholders (sources: local residents, former refugees, traditional leaders, and the police) and secondary data analysis. The main findings highlight the causal factors that drive the conflict: high unemployment (especially among young people), limited legal insight, extortion practices, land disputes, and alcohol consumption that can trigger anarchic actions. Successful intervention measures include: (1) early prevention through security posts and legal education (reducing violence by 25% by 2022), (2) community-based mediation (with an effectiveness rate of 40% according to ELSAM 2021), and (3) strict enforcement of the law (Articles 170-182 of the Criminal Code). Policy recommendations include: regulating the sale of alcoholic beverages within a certain radius in conflict-prone areas, integrated job training programs for unemployed youth, and accelerating the customary land certification process to break the cycle of structural violence.