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Pello, Jimmy
Faculty Of Law, Universitas Nusa Cendana Kupang
Agriculture, Biological Sciences & Forestry Humanities Astronomy Biochemistry, Genetics & Molecular Biology Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Social Sciences Other

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ANALISIS TANGGUNGJAWAB PENYIDIK POLRI DALAM KASUS SALAH TANGKAP (ERROR IN PERSONA) TERHADAP TERSANGKA PELAKU TINDAK PIDANA Wibowo, Teguh Reksoarto; Pello, Jimmy; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13372

Abstract

The arrest process carried out by National Police investigators against suspects who are strongly suspected of having committed a criminal act may experience errors or mistakes that originate from human error, namely errors made by investigators in practice in the field. Mistakes in the arrest process have quite big consequences because if these mistakes are not immediately corrected they will continue in the following stages. The aim of this research is to find out what the responsibilities of a National Police investigator are and the legal measures that can be taken by victims of wrongful arrest.The research method used is a Normative law research method where the researcher obtains data via the internet and processes the data in the IMAM CHAMBALI Supreme Court Decision No. 89 PK/PID/2008. The data collection technique uses a case approach and literature study in the form of books, statutory regulations and other materials related to the problem being studied. Data analysis uses qualitative data analysis. The results of this research show that: First, The responsibility of POLRI investigators in the event of an error in person based on the Indonesian Criminal Procedure Law system is contained in Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and the Code of Professional Ethics for the Police of the Republic of Indonesia in the National Police Chief Regulation no. Pol. : 7 of 2006. Second, the legal remedies that can be taken in the event of an error in person by POLRI investigators based on the Indonesian Criminal Procedure Law system are in the form of compensation, rehabilitation and extraordinary legal remedies, namely judicial review. A convict who is serving a sentence from a decision that has legal force still has the opportunity to take extraordinary legal action, namely a judicial review.
RESPON PARA PENEGAK HUKUM TERHADAP PELAKU PERAMBAHAN HUTAN KONSERVASI ALAM LOK PAHAR DI KABUPATEN MANGGARAI TIMUR Rola, Yustina; Pello, Jimmy; Medan, Karolus Kopong
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13634

Abstract

Constitution Number 18 of 2013 concerning Prevention And eradication destruction Affirmed forest in Article 3 and Act Number 41 of 1999 concerning Deep forestry Article 50 paragraph 3 letter (b) and Article 78 paragraph 2 which is Wrong One threatened act criminal However Constitution This has revoked and changed with Act Number 18 of 2013. Objective Research 1. Explain background factors public in the district manggarai east do action encroachment forest conservation natural lock thigh ; 2, explained about PPNS response to perpetrator encroachment forest conservation natural lock fee in the district manggarai east. Which factor background happening encroachment forest conserve natural lock understand is income from activity particular , education (knowledge about law ), weakness guard forest And lightness law (control law), many request will wood . Response from PPNS against affluent society results forest on forest conservation natural based on results study to PPNS performance yet effective Because Not yet There is response Serious from PPNS regarding area growing forest bad. Conclusion from study This is underlying factors happening action browsing forest conservation natural that is income from activity particular, education (knowledge about law), weakness guard forest And lightness law (control law), many request will wood. Response from PPNS against affluent society results forest on forest conservation natural based on results study to PPNS performance yet effective Because Not yet There is response Serious from PPNS regarding area growing forest bad. Advice given writer is should minimize existing encroachment, control from government district, BBKSDA NTT, more often supervise forest conservation natural Lok Pahar, preferably government local more often stage socialization about necessity guard existing forest.
IMPLIKASI PENERAPAN UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA DALAM PENGATURAN KAWASAN HUTAN UNTUK PEMBANGUNAN PROYEK STRATEGIS NASIONAL (STUDI KASUS BENDUNGAN TEFMO-MANIKIN DI KABUPATEN KUPANG–PROVINSI NTT) Agustina, Agustina; Pello, Jimmy; Manuain, Orpa G
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13756

Abstract

The issuance of Law Number 6 of 2023 concerning Job Creation has had an impact on changes to a number of laws in Indonesia, including Law Number 19 of 2004 concerning Forestry and Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest. In addition, derivative regulations from the Job Creation Law, especially those relating to support for facilitating the development of National Strategic Projects, have been issued after the ratification of Law Number 11 of 2020 concerning Job Creation. The derivative regulations in question are Government Regulation Number 23 of 2021 concerning Forestry Implementation and Government Regulation Number 42 of 2021 concerning Facilitation of National Strategic Projects. The presence of the Job Creation Law is considered to be able to encourage economic growth, one of which is by accelerating the development of strategic infrastructure in the regions. The research method used is normative juridical. The results of this research show that the presence of the Job Creation Law has had an impact on simplifying and trimming a number of regulations to facilitate and support the accelerated development of National Strategic Projects including the Tefmo – Manikin Dam in Kupang Regency. On the one hand, the passing of Law Number 6 of 2023 concerning Job Creation has provided a guarantee of legal certainty, because so far the process has experienced pros and cons. However, in terms of legal benefits and environmental justice, it can result in disruption of environmental sustainability, especially forest areas because they are vulnerable to conversion of forest areas for the development of National Strategic Projects.
ANALISIS YURIDIS PUTUSAN HAKIM TENTANG TINDAK PIDANA MENGGUNAKAN, MENGUASAI, DAN MENYEDIAKAN NARKOTIKA GOLONGAN I BUKAN JENIS TANAMAN(STUDI KASUS TERHADAP PUTUSAN PENGADILAN NEGERI KUPANG NOMOR 193/Pid.Sus/2022/PN KPG) Wara, Charlos Constantinus; Pello, Jimmy; Manuain, Orpa Genefo
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.14772

Abstract

The problem of misuse of Narcotics, Psychotropics and other Addictive Substances (NEPZA) or the popular term known by the public as Narcotics is a very big problem faced by society, government and law enforcement officials. In handling narcotics cases at the Kupang District Court, judges as law enforcers have the responsibility to examine, decide and resolve cases at the first instance. The main problem of this research is: What is the basis of the judge's legal considerations in handing down sentences against convicts in the case of District Court Decision NUMBER 193/Pid.Sus/2022/PN Kupang? And what should be the sanctions imposed on the perpetrators in District Court Decision NUMBER 193/Pid.Sus/2022/PN Kupang? This research focuses on two main issues, the basics, namely the judge's legal considerations and the sanctions that should be imposed, the method used in this research is a type of normative research, where the author obtains data indirectly or through an inventory of positive law, legal principles and doctrine, books -books and other documents. The research location is at the Law Library of Nusa Cendana University, Kupang. The legal materials used in this research are secondary legal materials. The data collection technique in this research was carried out using literature study. The data analysis used is normative analysis. The research results show that: There are two basic legal considerations for judges in deciding a case, namely legal considerations and non-juridical considerations. (a) Juridical considerations are the facts and testimony of witnesses in the trial. (b) Non-Judicial considerations include those that form the background to the action. The sanction that should be imposed on the defendant is that a criminal using narcotics violates the provisions of Article 127 of Law Number 35 of 2009 concerning Narcotics which is punishable by a maximum imprisonment of 4 (four) years. And narcotics abusers are required to undergo rehabilitation (Article 54 of Law Number 35 of 2009 concerning Narcotics). The fraudster's act of helping to sell narcotics belonging to Andri's brother fulfills the elements of Article 56 of the Criminal Code (helping to commit) which carries a criminal threat of being punished by the person involved (Andri's brother).
PELAKU PENAMBANGAN PASIR LAUT SEBAGAI PERBUATAN MELAWAN HUKUM PIDANA DAN KENDALA HUKUMNYA Lopmeta, Arwan Y; Pello, Jimmy; Wilhelmus, Bhisa Vitus
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.16028

Abstract

Sand is a natural marine resource that is very important for protecting island coastal areas. Nowadays, sea sand is often taken by truck owners to sell as building materials. Coastal Law on the Sea with a prohibition on Mining Beach Sea Sand. This research is included in the type of normative juridical research with a research approach, casuistry approach. The results of research in the field show: Sea sand mining can be punished according to Law No. 27 of 2007 concerning the management of coastal areas and small islands. Article 35 i carry out sand mining in areas which technically, ecologically, socially and culturally cause environmental damage and environmental pollution and harm the surrounding community. East Nusa Tenggara Province Regional Regulation No. 2 of 2019 concerning the implementation of peace, public order and protection of the regional mining business community for class C minerals. Paragraph VI Article 38: Everyone is prohibited from taking sea sand and coral reefs which damage the environmental sustainability of marine biota in offshore waters. (2) the obstacle in overcoming sea sand mining is the lack of public awareness of the law and economic factors. Based on the results of the research achieved, several things can be concluded, namely that the actions of sea sand miners can be seen as an act against criminal law because against the law is an act that violates the law, an act carried out outside the power or authority as well as an act that violates general principles in the field of law.
PENYIKSAAN HEWAN PELIHARAAN SEBAGAI PERBUATAN PIDANA DI KOTA KUPANG Langkola, Andy Salomo; Pello, Jimmy; Fallo, Debi F. Ng
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.16497

Abstract

In essence, cats have the humas right to be treated civilizedly and to receive guarsntees for their walfare in life. In Law Number 41 of 2024, article 1 paragraph (42) defines animal walfare was everything related to the physical and mental condition of animals in accordance with thr animal’s natural behavior. (1) Is animal abuse of cats s criminal act? (2) What are the government’s efforts to deal with the problem of cat abuse in Kupang City? The purpose of this research is to find out whether cat abuse is a criminal act in Kupang City and to find out the government’s efforts in dealing with the problem of cat abuse in Kupang City. The research results show that:(1) Article 302 of the Criminal Code Paragraphs 1 and 2, Article 406 Paragraphs of the Criminal Code, Article 540 of the Criminal Code and the 2023 criminal law book (UU Number 1 of 2023) in the sixth part, namely article 336, article 337 and article 338 of the new Criminal Code also regulates criminal acts of harassment, recklessness and mistreatment of animals. (2) The Kupang City government’s efforts to deal with the problem of cat abuse are to provide socialization and legal education to the community to increase public awareness about animal protection, including the human rights that animals have. Based on the discussion above, the suggestions that researchers give are: the government needs to strengthen laws regarding legal enforcement against cases of animal violence and increase socialization and legal education related to animal rights.
Implementasi Pengelolaan Sampah Ramah Lingkungan untuk Mewujudkan Kota Kupang yang Berkelanjutan Berdasarkan Perda Nomor 3 Tahun 2011 Haning, Paul Imanuel M; Pello, Jimmy; Yohanes, Saryono
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2346

Abstract

The purpose of this research is to determine and analyze the implementation of an environmentally friendly waste management system in Kupang City based on Kupang City Regional Regulation Number 3 of 2011 and to identify the obstacles faced in implementing the waste management system in Kupang City. Data collection techniques were carried out through document studies and in-depth interviews with related parties, especially the Kupang City Environment and Sanitation Service (DLHK). The results of the study indicate that the implementation of the waste management system in Kupang City has not been running optimally due to various obstacles that can be grouped into three aspects, namely: (1) legal aspects, in the form of the absence of implementing regulations and weak law enforcement; (2) sociological aspects, in the form of low public awareness, participation, and compliance; and (3) institutional and governmental aspects, in the form of limited facilities and infrastructure, weak institutional roles, and minimal coordination between Regional Apparatus Organizations (OPD) and waste management partners. To overcome these obstacles, efforts are needed in the form of strengthening the legal aspects through the preparation of technical regulations, increasing public awareness through education and community involvement, and strengthening institutions and governance.
Penerapan Sanksi Pidana Peraturan Daerah Kota Kupang Nomor 10 Tahun 2007 Tentang Retribusi Izin Usaha Pemeliharaan Ternak Terhadap Peternakan Bani, Putri Paskalia Pati; Pello, Jimmy; Leo, Rudepel Petrus
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.v3i1.22114

Abstract

The main problems of this research are (1) Has the criminal sanction in Local Regulation No. 10/2007 on Retribution for Livestock Keeping Business License in Kupang City been applied against livestock keepers in the jurisdiction of Kupang City District Court? and (2) What are the factors inhibiting the application of criminal sanctions in Local Regulation No. 10/2007 on Retribution for Livestock Keeping Business License in Kupang City? This type of research is empirical juridical research, namely research with a juridical approach that examines primary legal materials, tertiary legal materials and secondary legal materials and examines existing data in the field while still paying attention to legal theories, principles and rules. The data collection techniques used are interviews, questionnaires and document studies. The results of this study show: (1) The application of criminal sanctions in Regional Regulation No. 10 of 2007 concerning Retribution for Livestock Maintenance Business License, namely: (a) Forms of Criminal Sanctions in Local Regulation Number 7 Year 2007, (b) Application of Criminal Sanctions in Local Regulation Number 10 Year 2007, (2) Factors inhibiting the application of criminal sanctions in Local Regulation Number 10 Year 2007 on Retribution of Livestock Maintenance Business License in Kupang City (a) Low Public Legal Awareness. (b) Weak Supervision and Socialization. (c) The absence of a special budget for enforcement of local regulations, (d) the existence of social tolerance for violations.
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.
RITUAL HAI NIKI (BUANG PANAS) DITINJAU DARI ASPEK HUKUM PIDANA Nitbani, Florensi T; Pello, Jimmy; Fanggi, Rosalind Angel; 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.v3i1.22347

Abstract

This research discusses the practice of Hai Niki, a post-circumcision ritual performed by the Atoni Pah Meto indigenous community on Timor Island. In this ritual, newly circumcised men are required to have sexual intercourse with women who are not their legal partners as part of the healing and purification process according to local beliefs. Although considered sacred in the local culture, this practice raises legal, ethical and human rights issues, especially because it places women as sexual objects without full control over their bodies. Using an empirical juridical approach, this research explores data through interviews with traditional leaders, perpetrators, and women involved. The results show that this ritual has the potential to violate national criminal law, including adultery, trafficking, and the protection of women and children. This research highlights the tension between customary law and formal state law. Therefore, a responsive and transformative legal approach is needed by emphasising the importance of legal awareness, gender equality education, and human rights protection, without ignoring local cultural identity.
Co-Authors Adriana Febiola Letto Agustina Alfes, Maria Madalena Arya T. Putra, Nyoman Gede Bani, Putri Paskalia Pati Bartholomeus Mbe Se Bhisa V. Wilhelmus Bhisa Vitus Wilhelmus Dangki Wanto Silla Dangki Wanto Silla Darius A. Kian Darius A. Kian Darius Kian Debi F. Ng. Fallo Dede, Ngongo Devis Buni Lele Djeni Elisabeth Sanda Efri Henderina Bail Fallo, Debby F Ng Fallo, Debi F. Ng Fanggi, Rosalind A Fernando Seran Frengky Petra Beti Frengky Petra Beti Gabriela Patricilla Mali Gede Arie Krishna Wirawan Putra Haki, Grasella Listin Haning, Paul Imanuel M Hendrikus Charly Cransen Senin Hermina Intan Talu Heryanto Amalo Hildegardis Ajeng Wantur Humau, Winbert Julio Iriantini M.J Takalapeta Johana Art Cindy Peny Johanes, Saryono Josef M Monteiro Julio Rihi Nawa Karolus Kopong Medan Karolus Kopong Medan Korin, Maria Henderika Arta Kriswoyo Kriswoyo Langkola, Andy Salomo Leo, Rudepel Petrus Liufeto, Margaritha Lopmeta, Arwan Y Ludji M. Riwu Kaho Manek, Ordianus Manuain, Orpa G Manuain, Orpa Genefo Manuk, Weldo Susanto Maria Fatima More Maria Lidia Dumang Ndun, Jorgi Excel Nitbani, Florensi T Oktovianus Kelfin Tully Orpa Ganefo Manuain Orpa J. Nobatonis Paulus, Gery Mario Paulus, Gery Mario Radhi Renault Salmun Ranny Christine Unbanunaek Raynel Matheus Kapioru Reny Rebeka Masu Rohi, Yulius Adrian Rola, Yustina Rominaldo Lezhera Letfa Rosalind Angel Fanggi Rosalind Angel Fanggi, Rosalind Angel Rudepel Petrus Leo Rudepel Petrus Leo Saryono Johanes Saryono Yohanes Se, Bartholomeus Mbe Sinurat, Aksi Thelma S. M. Kadja Thelma S.M. Kadja Umbu Lily Pekuwali Wara, Charlos Constantinus Wibowo, Teguh Reksoarto Wihelmus, Bhisa Vitus Wilhelmus, Bhisa V Wilhelmus, Bhisa Vitus Yannita Nilam Herman Yosef Freinademetz D.S Ngama Yuni Farida Duka