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All Journal Bumi Lestari Jurnal Dinamika Hukum BERITA BIOLOGI Journal of Indonesian Legal Studies Jurnal Jatiswara Pagaruyuang Law Journal COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Jurnal Hukum Sehasen Journal of Administrative and Sosial Science (JASS) Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Sosial dan Sains Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Jurnal Hukum Caraka Justitia Deposisi: Jurnal Publikasi Ilmu Hukum Jurnal Hukum Bisnis Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hakim: Jurnal Ilmu Hukum dan Sosial Artemis Law Journal Petitum Law Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik Referendum Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan Mahkamah: Jurnal Riset Ilmu Hukum Majelis: Jurnal Hukum Indonesia Jurnal Hukum dan Sosial Politik
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 Kriminologi Tindak Pidana Pencurian Arus Listrik Oleh Pihak Keluarga (Studi Kasus Di Desa Mandeu Kecamatan Raimanuk Kabupaten Belu) Alfes, Maria Madalena; Pello, Jimmy; 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.v2i2.20774

Abstract

The research titled Criminological Analysis of the Crime of Electric Current Theft by the Family was conducted in Mandeu Village, Raimanuk District, Belu Regency. This study aimed to identify the causes of electricity theft by households and efforts to prevent and address it in Mandeu Village. The research method is observational, an empirical study to understand theories about the occurrence process and the workings of law in society. It is also descriptive-analytical, providing a clear and comprehensive picture of electricity theft by customers of PT PLN (Persero) Sub-Branch Halilulik and prevention efforts. The results show that perpetrators of electricity theft could be charged under Article 362 of the Criminal Code on theft. However, due to the existence of a specific law, Article 19 of Law No. 15 of 1985, updated by Law No. 30 of 2009 regulating electricity, it is more appropriate to apply the special rule, in line with the legal principle of lex specialis derogat legi generalis . Electricity theft in Mandeu Village is caused by several factors, including economic constraints, lack of legal awareness, and limited access to electricity. Prevention efforts include community education and stricter monitoring by authorities. In resolving cases, electricity theft is often not reported or taken to court but settled amicably at the scene to avoid conflicts between customers and P2TL officers. This approach aims to maintain social harmony while addressing the issue effectively.
Aspek Hukum Penanganan Masyarakat Terhadap Ancaman Air Limbah Ternak Babi (Studi Kasus Kelurahan Naibonat) Humau, Winbert Julio; Pello, Jimmy; Fallo, Debby F Ng
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.v2i2.21179

Abstract

Animal husbandry, while boosting community income and welfare, can lead to environmental pollution if livestock waste isn't properly managed. Untreated solid and liquid waste can cause public health problems and environmental damage, including risks of avian influenza, air and water pollution, and increased fly populations. Effective waste management is crucial for prevention. This research investigates the legal aspects of community security against the threat of pig wastewater in Naibonat Village and the real legal actions available to those affected. Employing empirical legal research, the study examines how the law functions within the community through data analysis and qualitative description. The findings reveal that despite legal efforts, no breeders in Kupang Regency have faced trial for environmental pollution due to the absence of criminal sanctions. This lack of legal consequences means there is no deterrent effect, allowing this harmful behavior and environmental damage to continue in the region.
Juridical Analysis of Sentencing Disparity in Cases of Joint Commission of Rape and Murder by a Minor in Palembang Aprialda da Silva, Welmar Sonia; Pello, Jimmy; Manuain, Orpa G.
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.v12i2.10887

Abstract

This study examines sentencing disparity in cases involving joint participation in rape and murder committed by minors in Palembang. Significant differences in sanctions imposed on several minors involved in the same series of serious crimes raise juridical issues concerning the application of the principle of individual criminal responsibility and proportionality within the juvenile justice system. The research addresses two main questions: why sentencing disparity occurs in such cases and how sentencing should be imposed in accordance with prevailing legal principles. The objective is to analyze the causes of disparity and to formulate an appropriate sentencing framework that reflects justice and balances the protection of child offenders with victims’ rights. This research employs a normative juridical method using statutory, case, and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation and reasoning methods. The findings indicate that sentencing disparity arises from the suboptimal application of individual criminal responsibility in the context of participation. Judicial considerations tend to emphasize age and the position of the principal offender without proportionally linking them to the level of involvement, intent, and actual contribution of each minor. As a result, the sentencing decisions create imbalances that do not fully reflect proportionality, equality before the law, and substantive justice within the juvenile justice system. Therefore, judges should place greater emphasis on analyzing each offender’s individual role and consistently apply the principle of individual criminal responsibility to ensure a fair balance between child protection and justice for victims.
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.
Implementasi Hukum Terhadap Tindak Pidana Ilegal Loging Di Kawasan Hutan Diklat Sisimeni Sanam Banik, Agusthinus; Pello, Jimmy; Sinurat, Aksi
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.v3i2.22819

Abstract

jungle are a gift from God Almighty that must be appreciated by the Indonesian people. Sisimeni Sanam Training Forest is a forest area designated as a means and infrastructure for practice in supporting forestry training activities and as a natural laboratory for developing science and technology (Iptek) in the forestry sector. Various problems that occur must be handled properly, one of which is the case of illegal logging that often occurs. Therefore, the author is interested in researching cases of illegal logging that occur in the Sisimeni Sanam Training Forest. The formulation of the problem in this study is: (1). How is the application of law to cases of illegal logging crimes committed in the Sisimeni Sanam Training Forest area? (2). What are the obstacles faced by officers in handling illegal logging in the Sisimeni Sanam Training Forest area? This study uses an empirical legal research method, which was conducted at the Sisimeni Sanam KHDTK. This study uses an interview guide for two informants. Data are presented and analyzed in a qualitative descriptive manner. application of law by officers in providing a deterrent effect to perpetrators is quite effective in preventing similar actions from happening again. (2). Obstacles for officers in dealing with illegal logging, the obstacles faced by officers in dealing with illegal logging are caused by several factors, such as lack of transportation and the vast area of ​​forest in the Sisimeni Sanam Training Forest, which is one of the obstacles for officers.
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.
HAMBATAN PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERUSAKAN RUMAH ADAT SUMBA Godo Bili, Ezra Yohanes; Pello, Jimmy; Dede, Ngongo
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.v3i2.22790

Abstract

This research aims to identify and analyze the obstacles faced in enforcing criminal law against the perpetrator of the destruction of a traditional house in Bodo Maroto Village, West Sumba Regency a site recognized as a cultural tourism object in Sumba. The incident occurred when a man, driven by anger toward his wife, threw a kerosene lamp, unintentionally causing a massive fire that destroyed the traditional house and several surrounding homes. The research employs an empirical legal approach supported by a normative juridical analysis. Data were collected primarily through interviews with local traditional leaders and tourism stakeholders. The findings indicate that the main obstacles to legal enforcement include limited law enforcement resources, a low level of legal awareness within the community, and significant socio-economic impacts, such as community trauma and loss of tourism income. Moreover, cultural and familial considerations led the community to refrain from reporting the perpetrator to the authorities. This study concludes that legal enforcement in customary law areas requires a more contextual and collaborative approach between law enforcement agencies, local government, and indigenous communities.
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.
Perlindungan Hukum terhadap Masyarakat yang Diserang Buaya pada Habitat Buaya di Nusa Tenggara Timur Radhi Renault Salmun; Jimmy Pello; Bhisa Vitus Wilhelmus
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2947

Abstract

Conflicts between humans and wild crocodiles still occur frequently in East Nusa Tenggara. Conflicts often occur with residents who live on coastlines and river estuaries, where most of the population earn their living as fishermen and farmers. The objectives of this research are: (1) Want to know the form of legal protection for people who are attacked by crocodiles in crocodile habitats. (2) Want to know the pattern of conflict management between humans and crocodiles in their habitat. This research is a type of empirical juridical research, or what is called field research, namely examining applicable legal provisions and what happens in reality in society. Empirical juridical research is legal research regarding the application or implementation of normative legal provisions in action in every legal event that occurs in society. The results of this research show: (1) Legal protection that protects every human right that is attacked by a crocodile has been clearly regulated in law number 5 of 1990, government regulation number 7 of 199 9, government regulation number 13 of 1994, and ministerial regulations forestry number P.08 of 2008. (2) Efforts to overcome conflict between crocodiles and humans have been carried out by establishing a SATGAS or task force for dealing with conflict between humans and wild animals and consists of two units, where one unit is tasked with dealing with the community and the other unit tasked with dealing with wild animals. There are also several government agencies in it to respond to reports quickly and handle them according to SOPs or standard operational procedures for handling conflicts between humans and wild crocodiles which serve as standard guidelines for handling conflicts reported by the public. As well as efforts from the government, there have also been short-term efforts such as outreach and long-term efforts such as conducting more in-depth research on crocodiles. Based on the results of this research, it is hoped that there will be awareness from all components, both society and government, so as not to excessively convert land so that it destroys the natural habitat of crocodiles and causes crocodiles to escape into public areas.
Co-Authors Adriana Febiola Letto Agustina Alfes, Maria Madalena Aprialda da Silva, Welmar Sonia Arya T. Putra, Nyoman Gede Bani, Putri Paskalia Pati Banik, Agusthinus 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 Djeni Elisabeth Sanda Efri Henderina Bail Fallo, Debby F Ng Fallo, Debi F. Ng Fernando Seran Frengky Petra Beti Frengky Petra Beti Gabriela Patricilla Mali Gede Arie Krishna Wirawan Putra Godo Bili, Ezra Yohanes 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 G. Manuain, Orpa Genefo Manuk, Weldo Susanto Maria Fatima More Maria Lidia Dumang Napa, Maria E. Y. W. Ndun, Jorgi Excel Nitbani, Florensi T Oktovianus Kelfin Tully Orpa Ganefo Manuain Orpa J. Nobatonis Paulus, Gery Mario Paulus, Gery Mario Poto, Herli Paulus Radhi Renault Salmun Ranny Christine Unbanunaek Raynel Matheus Kapioru Reny Rebeka Masu Riberu, Martha Rohi, Yulius Adrian Rola, Yustina Rominaldo Lezhera Letfa Rosalind Angel Fanggi 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