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Wilhelmus, Bhisa Vitus
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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.
Analysis Of The Application Of Customary Fines In Resolving Cases Of Violent Land Grabbing Under Timorese Customary Law In Taebenu District, Kupang Regency Humau, Rody Marsela; Medan, Karolus Kopong; Wilhelmus, Bhisa Vitus
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10843

Abstract

Customary fines are sanctions imposed on individuals or groups who violate customary norms or traditional rules, with the aim of restoring the disturbed balance and serving as a means of social control when problems arise within a community. In Timorese customary society, customary fines continue to play an important role as a mechanism for dispute resolution, including in cases of land grabbing accompanied by violence. This study aims to analyze the application of customary fines in resolving cases of violent land grabbing under Timorese customary law in Taebenu District and to identify the factors influencing their effectiveness. This research employs an empirical legal method with a sociological juridical approach. Data were collected through interviews with customary leaders, village officials, perpetrators, and victims, and were supported by a literature review of relevant legal materials. The findings indicate that the imposition of customary fines is carried out through customary deliberation mechanisms involving customary leaders, community leaders, village authorities, and the disputing parties. The customary sanctions generally consist of a combination of rice, pigs, and cash, with the amount determined according to the level of fault and the impact of the act committed. Substantively, the application of customary fines functions not only as a sanction but also as a means of restoring social relationships, maintaining community balance, and achieving peaceful conflict resolution. Normatively and culturally, this mechanism continues to be respected and practiced by the community as an integral part of Timorese customary values. The effectiveness of customary fines is supported by strong local wisdom, community respect for customary authorities, the moral pressure and social shame generated by customary sanctions, and the enduring culture of deliberation within the community. However, several obstacles remain, including the increasing economic value of land, unclear land boundaries and inheritance status, imbalance between the imposed fines and the material losses suffered by victims, and the influence of modernization that encourages some individuals to seek resolution through formal state law. These factors indicate that customary fines have not yet fully prevented the recurrence of violent land grabbing cases.
Juridical Study of the Practice of Fishing Using Explosives (A Case Study of Fishermen on Semau Island Poto, Herli Paulus; Pello, Jimmy; Wilhelmus, Bhisa Vitus
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10892

Abstract

The practice of fishing using explosives is a form of destructive fishing that not only violates fisheries law but also causes serious impacts on the sustainability of marine ecosystems and the socio-economic life of coastal communities. Although it has been strictly regulated under Law Number 45 of 2009 concerning Fisheries and reinforced by the Minister of Marine Affairs and Fisheries Regulation Number 36 of 2023, this illegal practice continues to occur in several coastal areas, including Semau Island, Kupang Regency, East Nusa Tenggara Province. This study aims to analyze the factors that cause fishermen on Semau Island to continue using explosives in fishing activities despite legal prohibitions, and to examine the juridical impacts on perpetrators, communities, and marine ecosystems. This research employs an empirical legal research method with a case study approach. Data were obtained through interviews with fishermen, law enforcement officers from the Marine and Air Police Directorate (Ditpolairud), and other related stakeholders. These data were supported by document studies of legislation, court decisions, and relevant legal literature. The data were analyzed using a descriptive qualitative approach based on theories of law enforcement, legal certainty, criminal liability, and legal awareness. The findings reveal several key factors encouraging fishermen to continue using explosives, including economic pressure and livelihood needs, time efficiency with larger catches, easy access to explosive materials, long-standing fishing traditions, low levels of legal awareness and compliance, and limited alternative livelihoods. Furthermore, the practice results in juridical consequences in the form of criminal sanctions for offenders, socio-economic losses for coastal communities, and severe damage to marine ecosystems, particularly coral reefs and fish resources. In addition, weak law enforcement and the limited deterrent effect of court decisions have reduced the effectiveness of legal implementation in practice. This study concludes that a gap still exists between legal norms and their practical implementation in fishing activities on Semau Island. Therefore, stronger law enforcement, increased legal awareness among fishermen, and integrated policies addressing legal, social, economic, and environmental aspects are necessary to achieve sustainable and equitable fisheries resource management.
Peran Dinas Kehutanan Dalam Menanggulangi Tindak Pidana Illegal Logging diKelurahan Umanen, Kecamatan Atambua Barat, Kabupaten Belu Sufani, Eduardus Franko; Amalo, Heryanto; Wilhelmus, Bhisa Vitus
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 Napa, Maria E. Y. W.; Pello, Jimmy; Wilhelmus, Bhisa Vitus
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 Kale Mira, Surya Kurnia; Leo, Rudepel Petrus; Wilhelmus, Bhisa Vitus
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 Riberu, Martha; Pello, Jimmy; Wilhelmus, Bhisa Vitus
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 Bere, Elisabeth Jesica Dede, Ngongo Diaz, Maria Selviana Fallo, Debby F. Ng Heryanto Amalo Humau, Rody Marsela Kale Mira, Surya Kurnia Karolus Kopong Medan Kolo, Astri Ivon Margaretha Kudu, Ruslan Firdaus Lawa, Kezia Charlita Leo, Rudepel Petrus Lopmeta, Arwan Y Mahmud, Faishol Reza Manuain, Orpa G Manuain, Orpa Ganefo Napa, Maria E. Y. W. Ndaumanu, Novaldy I Nuka, Corturino Depaka Sanjaya Pello, Jimmy Poto, Herli Paulus Riberu, Martha Selan, Nadia Melisa Sinurat, Aksi Sufani, Eduardus Franko Tadon, Agustine Cindy Tuulima, Moreno Ariel Uran, Maria Novita Nigun Wego, Dorothea Pascalista Rosalia