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Analisis Yuridis Pertanggungjawaban Pidana terhadap Pelaku Penangkapan Ikan dengan Bahan Berbahaya Beracun : (Studi Putusan: Nomor: 239/Pid.Sus/2020/PN Kpg) Oktovianus Kelfin Tully; Jimmy Pello; Bhisa V. Wilhelmus
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i6.590

Abstract

Fishing using toxic hazardous materials is a criminal offense of "illegal fishing", which violates the provisions of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. This was also carried out by the Defendant with the initials JLLF based on the Decision of the Kupang District Court Class 1A with case number: 239/Pid.Sus/2020/PN Kpg. This research is a normative juridical research, so the data sources used are primary data sources, secondary data, and tertiary data. Primary data is obtained from several legal rules such as the Criminal Code (Criminal Code), Law Number 45 of 2009 concerning Fisheries and Court Decisions, secondary data is obtained from libraries, journals, and the internet, and tertiary data is obtained from dictionaries, wikipedia, and encyclopedias. The data were analyzed in a descriptive-qualitative manner. The results of this study show that (1) Criminal liability for fishing perpetrators using toxic hazardous materials in Article 84 paragraph (1) of Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to Law of the Republic of Indonesia Number 31 of 2004 concerning Fisheries is in accordance with the elements contained in the formulation of the article. (2) Basis for Judge's Consideration in the Request for Criminal Liability for the Crime of Fishing with Toxic Hazardous Materials in Decision Number: 239/Pid.Sus/2020/PN Kpg. Judging from the elements contained in the articles of indictment as well as aggravating and mitigating matters.
Pertanggungjawaban Pidana Korporasi di Kota Kupang dalam Mendukung Implementasi UU No 27 Tahun 2007 tentang Pengelolaan Pesisir dan Pulau-Pulau Kecil Gabriela Patricilla Mali; Jimmy Pello; Bhisa V. Wilhelmus
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i3.500

Abstract

This study aims to find out and analyze the criminal liability of corporations in Kupang City in supporting the implementation of Law No. 27 of 2007 concerning the Management of Coasts and Small Islands. This research is an empirical judicial research supported by an empirical and normative approach that uses primary data and secondary data collected using interview techniques and literature studies and then processed using editing and coding techniques and analyzed in a qualitative descriptive manner. The results of this study show that (1) Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands has an important role in regulating the protection and utilization of coastal areas. However, the application of this law in criminal enforcement against the perpetrators of coastal ecosystem destruction still faces various obstacles (2) The legal arrangements in this Law aim to protect, manage, and utilize coastal areas in a sustainable manner. Law Number 27 of 2007 provides a legal basis for the planning, protection, and utilization of coastal ecosystems and involves community participation in the management of natural resources.
Analisis Yuridis Tindak Pidana Judi Offline dan Tindak Pidana Judi Online di Kota Kupang Adi Putra Bolle; Bhisa V. Wilhelmus; Daud Dima Tallo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4292

Abstract

In East Nusa Tenggara (NTT) there are various types of gambling, ranging from offline gambling to online gambling. In the city of Kupang itself there are various kinds of gambling, starting from offline gambling, namely, kuru-kuru or throwing dice, rolling ball, cockfighting or cockfighting and bingo, as well as online gambling which is usually called lottery gambling or white coupons. In short, gambling itself is the action of a person or a number of people in risking a certain amount of money or objects in order to seek profit and includes all kinds of bets in the form of money or objects, either directly or indirectly, such as online payments via online applications or existing online sites to facilitate transaction. This research uses normative legal research methods sourced from data obtained in the form of legal rules, legal principles and legal doctrines to answer the problems studied. The research results show that the occurrence of gambling in Indonesia to date is one of the factors caused by the weaknesses in the regulations regarding criminal acts of gambling offline and online so that gambling in Indonesia is still very widespread.
Penegakan Hukum Terhadap Tindak Pidana Perjudian Online dari Perspektif Hukum Informasi dan Transaksi Elektronik (Studi Kasus Kota Kupang) Akbar Nur Wijaya Asra; Bhisa V. Wilhelmus; Deddy R. Ch. Manafe
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.348

Abstract

One of the negative impacts of the internet is online gambling, which previously people only played gambling games in the usual way. Gambling has been around on this earth for thousands of years and is the oldest game in the world. In essence, gambling is behavior that violates religious, ethical, moral and legal norms and endangers the livelihood of the community and the life of the community, nation, and state. This research was carried out in Kupang City, precisely at the Kupang City Resort Police. This research is an empirical legal research, which is carried out by looking at the reality that exists in field practice. This approach is also known as a sociological approach that is carried out directly in the field. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research that has been carried out, it is obtained that: (1) Law enforcement efforts against perpetrators of online gambling crimes, including: (a) The application of criminal sanctions for perpetrators of online gambling crimes in accordance with applicable laws and regulations. (b) Strict action to take legal action against the perpetrators of online gambling crimes. (2) Factors that are obstacles in the process of handling online gambling crimes, include: (a) Obstacles to law enforcement, (b) Lack of awareness and concern from the public, (c) Server factors located outside the Kupang City area, (d) Inadequate facilities and infrastructure, (e) Difficulty in collecting evidence. The author's suggestion is to tackle online gambling crimes, not only by relying on the role of the Police, but also the need for participation from the community. The public should not be closed and more open in providing information and reports to the Police regarding gambling crimes that occur around the area where they live.
Proses Penyelesaian dan Hambatan-Hambatan yang Dihadapi dalam Pemberian Sanksi Adat terhadap Perbuatan La’a Sala (Incest) di Desa Ulu Belu, Kecamatan Golewa, Kabupaten Ngada Maximilianus Aldo Ame Ola; Rudepel Petrus Leo; Bhisa V. Wilhelmus
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 5 (2024): Oktober : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v1i5.365

Abstract

Incest is a sexual relationship carried out by two people who are still related by blood or marriage. Incest is described as an incident of sexual intercourse; between individuals who are related by blood, but the term was eventually used more broadly, namely to describe the sexual relationship between father and child, between siblings. Incest is a forbidden act in almost every cultural environment. The main problems in this thesis are: (1) What is the resolution process in providing customary sanctions for acts of la'a sala (incest) in Ulu Belu Village, Golewa District, Ngada Regency? (2) What are the obstacles faced in providing customary sanctions for acts of la'a sala (incest) in Ulu Belu Village, Golewa District, Ngada Regency? This research is empirical normative research, so the data sources used are primary data sources, secondary data and tertiary data. Primary data was obtained from interviews, secondary data was obtained from libraries, journals and the internet, and tertiary data was obtained from dictionaries, Wikipedia and encyclopedias. Data were analyzed descriptively-qualitatively. The results of this research show that (1) The process of resolving cases of granting customary sanctions for acts of la'a sala (incest) was carried out in a non-litigation manner which was accommodated and chaired directly by Mosa and the traditional leader in Ulu Belu village in accordance with the customary rules. applies. (2) the obstacles faced in providing customary sanctions for acts of la'a sala (incest) are external obstacles and internal obstacles.