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Journal : Artemis Law Journal

Tinjauan Hukum Pidana Terhadap Kejahatan Kesusilaan Yang Dilakukan Oleh Anggota Dewan Perwakilan Rakyat Daerah (Studi Kasus Di Pengadilan Negeri Soe) Selan, Nadia Melisa; Fallo, Debby F. Ng; Wilhelmus, Bhisa Vitus
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.v3i1.21604

Abstract

This study analyzes the main legal issues in the Soe District Court Decision No. 38/Pid. B/2021 relating to the application of Article 281 paragraph (2) of the Criminal Code (maximum sentence of 2 years and 8 months) for crimes against morality committed by members of the DPRD, while the alternative charge of Article 289 of the Criminal Code (sentence of 9 years) was not applied without adequate legal explanation. This study shows that the defendant has been proven to have committed repeated non-penetrative sexual harassment in front of witnesses, with the victim suffering from Post-Traumatic Stress Disorder (PTSD) based on the results of a psychological examination. The 8-month sentence imposed is considered disproportionate to the impact of the trauma experienced by the victim, the frequency of the act, the perpetrator's position as a public official, and a similar verdict handed down at the Yogyakarta District Court which reached 1.5 years. Fundamental criticisms include the use of the mitigating factor of "family backbone" which can strengthen patriarchal views, as well as the need for an assessment of consistency in sentencing and the application of a restorative approach in cases of sexual violence based on power relations.
Analisis Kriminologis Terhadap Transaksi Jual Beli Secara Ilegal Minuman Keras Di Amarasi Selatan, Kabupaten Kupang Mahmud, Faishol Reza; Wilhelmus, Bhisa Vitus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15978

Abstract

The flow of liquor proper now's quite huge due to the fact almost in each location in the jurisdiction of Indonesia there are many places that sell alcoholic drinks. this could be visible via the developing sort of places that offer, and distribute alcoholic drinks on an commercial / manufacturing facility and domestic scale. this may be visible with the aid of way of the developing quantity of places that offer, and distribute alcoholic drinks on an commercial / factory and home scale. Transactions of buying and selling alcoholic drinks that arise, are achieved freely with out regard to the risks and facet results induced. Poorly considered and accurate thresholds for alcohol use, are very unstable to eat. With the method of the trouble of this studies is: (1) what is the modus operandi of liquor buying and promoting transactions that arise in South Amarasi, Kupang Regency? (2) what's the effect of liquor purchasing for and selling transactions on the level of crime and offences devoted in South Amarasi, Kupang Regency? This studies is an empirical juridical studies approach, particularly prison research at the enactment or implementation of normative criminal provisions in motion on positive felony events that arise in society. The effects of this have a take a look at display: (1) To apprehend and deliver an reason for the modus operandi of buying and promoting alcoholic liquor transactions in South Amarasi, Kupang Regency. (2) To determine and provide an explanation for the impact of liquor looking for
Analisis Yuridis Jasa Pembuatan Skripsi Sebagai Tindak Pidana Akademis dan Etika Hukum Tuulima, Moreno Ariel; Leo, Rudepel Petrus; Wilhelmus, Bhisa Vitus
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.v2i2.21057

Abstract

This study examines the legal analysis of thesis-writing services as an academic crime and legal ethics violation. The background of this research is based on the widespread practice of thesis-writing services that undermine academic integrity and contradict the principles of honesty in education. Based on this background, the study formulates two main issues: (1) What is the legal position of thesis-writing services from the perspective of criminal law and copyright law in Indonesia? (2) What are the legal responsibilities of thesis-writing service providers from the aspects of criminal law and legal ethics?.. The research method used is normative juridical research with a statute approach and a conceptual approach.The results indicate that the practice of thesis-writing services violates Law Number 28 of 2014 on Copyright, Law Number 20 of 2003 on the National Education System, and can be prosecuted under articles in the Indonesian Penal Code (KUHP) related to document forgery. From the perspective of legal ethics, this practice undermines academic honesty and fosters a culture of academic dishonesty. Therefore, stricter law enforcement and increased awareness of academic integrity are necessary to prevent this practice from spreading further.
Peran Tokoh Adat Dalam Menyelesaikan Konflik Keluarga Akibat Perselingkuhan Dan Penelantaran Anak Di Desa Pantae Kudu, Ruslan Firdaus; Wilhelmus, Bhisa Vitus; Dede, Ngongo
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.v2i2.21228

Abstract

The problems that occur in the lives of Indonesian society, one of which is in Pantae Village, Biboki Selatan District, North Central Timor Regency is the case of infidelity and child neglect. The formulation of the problem this study is: the purpose of this study 1. To determine the role of traditional leaders in resolving family conflicts due to infidelity and child neglect in Pantae Village. 2. To determine the factors that influence the effectiveness of the role of traditional leaders in resolving the conflict. This study is an empirical legal research, namely research based on applicable laws and regulations and data obtained in the field regarding the role of traditional leaders in resolving family conflicts due to infidelity and child. The results of this study indicate that the role of traditional leaders in resolving family conflicts due to infidelity and child neglect that occurred in Pantae Village, namely, (1) Reporting (2) Listening to statements from witnesses and perpetrators (3) Deliberation (4) Decisions and peace processes (5) Determination of customary sanctions for perpetrators. Factors that influence the effectiveness of the role of traditional leaders in resolving the conflict are, (1) Factors of limited human resources (2) Factors of changing times (3) Economic factors (4) Factors of massive early marriage in society. So it can be concluded that if traditional leaders have reached a decision, then the decision is considered valid and final and has legal force that can be accepted by all parties involved.
Tugas & Fungsi Bbksda-Gakkum Klhk Dalam Proses Penanganan Tindak Pidana Perdagangan Satwa Yang Dilindungi Jenis Biawak Timor (Varanus Timorensis) & Ular Malkoti (Liasis Mackloti) Di Wilayah Nusa Tenggara Timur Tadon, Agustine Cindy; Leo, Rudepel Petrus; Wilhelmus, Bhisa Vitus
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.v2i2.21275

Abstract

The problem to be studied in this research is the process of handling criminal acts of trade in protected wildlife species, namely the Timor Monitor Lizard (Varanus Timorensis) and the Malkoti Snake (Liasis Mackloti) in the East Nusa Tenggara region. The role of the Institute for Conservation of Natural Resources and Ecosystems and the Environmental & Forestry Law Enforcement and Security Center is to ensure the protection and management of natural resources and ecosystems, in the process of law enforcement against protected wildlife trade is as a place to deposit evidence, namely wildlife that has been secured from the hands of the perpetrators. This study is an empirical juridical research, utilizing both primary and secondary data sources. Primary data was gathered through interviews with relevant sources, while secondary data was collected by visiting locations to obtain the required information. Data were analyzed descriptively-qualitatively. The duties & functions of BKSDA Gakkum-KLHK in the handling process are in accordance with the provisions of Article 21 paragraph (2) of the Law on Conservation of Living Natural Resources & Ecosystems and Article 40 of Law No. 5 of 1990. Factors causing the occurrence of animal trafficking crime are caused by two factors, namely internal factors and external factors.