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Wilhelmus, Bhisa V
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Petitum Law Journal

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KAJIAN KRIMINOLOGIS TERHADAP PEKERJA MIGRAN INDONESIA (PMI) DI KABUPATEN KUPANG YANG MEMILIH JALUR ILEGAL UNTUK BEKERJA DI LUAR NEGERI Putry, Zafira Amalia; Wilhelmus, Bhisa V; Djara Dima, Adrianus
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20731

Abstract

This research aims to analyze the factors that cause Indonesian Migrant Workers (PMI) in Kupang Regency to choose illegal routes to work abroad, the impacts experienced by illegal PMI if they become victims abroad, as well as countermeasures taken by the government to prevent PMI from choosing illegal routes. The research method used is empirical juridical with a case and conceptual approach. Data was collected through interviews, observation and document study. The research results show that the main factors for PMI choosing the illegal route are the faster and easier departure process, as well as their low level of education which makes them vulnerable to the persuasion of brokers. Illegal PMI do not receive the legal, economic, social and health protection that should be their right. The impacts experienced include violence, exploitation and lack of guarantees of safety. Mitigation efforts carried out by the government include promoting safe migration, collaborating with religious and community institutions, as well as increasing supervision and legal protection. The conclusion of this research is the importance of increasing public awareness about the risks of working through illegal channels and the need to improve the government's system of protecting and placing PMI. The advice given is for PMI candidates to ensure registration through legal channels to get proper protection.
PERTANGGUNGJAWABAN PIDANA TERHADAP KARYAWAN PELAKU TINDAK PIDANA PENGGELAPAN UANG DI PERUSAHAAN PT. ANEKA NIAGA DI KOTA KUPANG Nenobais, Yosefina Sarlin; Wilhelmus, Bhisa V; Fanggi, Rosalind A
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20818

Abstract

This research discusses criminal responsibility and the application of legal sanctions against an employee of PT Aneka Niaga in Kupang City who was involved in the criminal act of embezzling company funds. This case involves AAF, an employee authorized to collect payments from customers in Rote and Sabu Districts, who misused funds amounting to IDR 135,568,090 for personal interests, including online gambling. This research uses empirical juridical methods with an empirical legal approach, analyzing legal provisions in Articles 372-376 of the Criminal Code (KUHP), Law no. 31 of 1999 concerning Eradication of Corruption Crimes, and Law no. 13 of 2013 concerning Employment. The findings show that the perpetrator fulfills the elements of embezzlement in a position of trust as regulated in Article 374 of the Criminal Code, which includes the existence of the perpetrator, the ability to be held accountable, malicious intent, and no justification. Although the perpetrator was also involved in online gambling, the judge decided to impose a sentence based on the embezzlement charge, imposing a prison sentence of 2 years and 6 months, while considering online gambling as an aggravating factor. This research concludes that law enforcement needs to be increased more firmly and proportionally to create a deterrent effect, and companies must strengthen internal supervision to prevent abuse of authority by employees.
PENYELESAIAN PERKARA PERUSAKAN TEMPAT RITUAL ADAT SUKU TAIBOKO DESA LETMAFO TIMUR MELALUI MEKANISME HUKUM ADAT Usfinit, Theresia Remeiliana; Wilhelmus, Bhisa V; Manuain, Orpa G
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.v3i1.21170

Abstract

This research examines the resolution of a dispute involving the destruction of a customary ritual site belonging to the Taiboko Tribe in East Letmafo Village through mechanisms of customary law. Employing a juridical-empirical approach and qualitative research methods, the study focuses on direct observation and comprehension of customary legal practices within the Taiboko community. The findings reveal the pivotal role of customary law in resolving indigenous community disputes, facilitated by familial-style deliberations and consensus involving tribal and community leaders, as well as police involvement. The achieved settlement includes significant customary fines, encompassing monetary compensation, sacrificial animals, rice, and local beverages, alongside provisions for replacing the damaged tree. This resolution underscores the severity of the customary violation and aims to restore communal harmony. The research affirms the continued relevance of customary law in modern dispute resolution and highlights the importance of state recognition of Indonesia's diverse legal systems.
Co-Authors Carvallo, Gloria Djara Dima, Adrianus Fanggi, Rosalind A Heryanto Amalo Liufeto, Margaritha Manuain, Orpa G Matutina, Cicilia Adityani Nenobais, Yosefina Sarlin Pello, Jimmy Putry, Zafira Amalia Ratu Rodi, Yunita Adiningsih Usfinit, Theresia Remeiliana