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Perlindungan Hukum Terhadap Jurnalis Korban Tindak Pidana Kekerasan Dalam Menjalankan Tugas Jurnalistik Di Kota Kupang Tulle, Kevin Christian; Manuain, Orpa G; Dede, Ngongo
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.v3i1.21607

The persecution experienced by journalists is one of the crimes, the persecution of journalists is intended for legal protection of journalists from acts in the form of attacks on body parts or other parts that cause injury, even death. In Kupang City, several cases of persecution of the Press also occurred so widespread, one of the cases was "The attempted murder of one of the journalists and the Editor-in-Chief (Pemred) of Suara Flobamora who was investigating and reporting on alleged corruption in the Regional Company PT. Flobamor, became a momentum for Law Enforcement Officers in the NTT Region (Kejati NTT and Polda NTT and KPK) to pay serious attention, namely to respond by immediately conducting an investigation into alleged corruption. This adds to the dark record of legal protection related to criminal acts against the press or journalists and clearly requires quick action in tackling and mitigating this. The problems that will be studied in this study are as follows: (1) How is the legal protection for journalists who are victims of violent crimes in carrying out journalistic duties optimal? (2) How are efforts to optimize legal protection for journalists who are victims of violent crimes in carrying out journalistic duties in Kupang City?

Juridical Review of Judicial Considerations in Deciding Tax Criminal Cases (Case Study of Decision No. 582/Pid.Sus/2023/PN.Jkt.Sel) Diaz, Stella Maris; Fallo, Debi F.Ng.; Dede, Ngongo
Journal of Law and Economics Vol. 4 No. 1 (2025): MAY
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i1.238

This study analyzes the judicial review of judge's considerations in deciding tax criminal cases (Case Study of Decision No. 582/Pid.Sus/2023/PN.Jkt.Sel). The research employs normative legal research methodology. The study utilizes statutory approach and case approach. Data collection method relies on library research. The analysis of legal materials applies prescriptive-normative analytical techniques. The research findings reveal that the application of substantive criminal law in tax criminal case Decision No. 582/Pid.Sus/2023/PN.Jkt.Sel, specifically the application of substantive law against defendant Hijrah Saputra as stated in the first subsidiary indictment by the public prosecutor, was not appropriately implemented based on the panel of judges' considerations linked to various evidence presented during the trial. The panel of judges ruled that defendant Hijrah Saputra was legally and convincingly proven guilty of committing continuous tax crimes as regulated under Law Number 6 of 1983. The legal considerations by judges in imposing sentences incorporated both juridical and non-juridical factors. Juridical considerations examined facts discovered during the trial, including the public prosecutor's indictment, defendant's testimony, witness statements, expert testimony, and evidence. Non-juridical considerations were based on the defendant's background, accountability capacity, and resulting consequences. The panel of judges should have strengthened their considerations, particularly regarding aggravating circumstances.

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

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.

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

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.

Upaya Kepolisian Dalam Perlindungan Terhadap Perempuan dan Anak Sebagai Korban Tindak Pidana kekerasan seksual : (Studi Kasus di Wilayah Hukum Polsek Kelapa Lima Kota Kupang) Nenga Boro, Narcicus Ronaldy; Dima, Adrianus Djara; Dede, Ngongo
Al-Zayn: Jurnal Ilmu Sosial, Hukum & Politik Vol 4 No 2 (2026): 2026
Publisher : Yayasan pendidikan dzurriyatul Quran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61104/alz.v4i2.4560

Kasus kekerasan seksual terhadap perempuan dan anak masih marak terjadi di Provinsi Nusa Tenggara Timur, khususnya di Kota Kupang, dan menimbulkan dampak psikologis serius bagi korban serta mencerminkan lemahnya perlindungan hukum bagi kelompok rentan. Penelitian ini bertujuan untuk menganalisis upaya kepolisian dalam memberikan perlindungan hukum terhadap perempuan dan anak sebagai korban kekerasan seksual serta mengidentifikasi hambatan dan solusi dalam pelaksanaannya. Metode yang digunakan adalah penelitian hukum empiris dengan pendekatan lapangan melalui wawancara dan pengumpulan data langsung di wilayah hukum Polsek Kelapa Lima Kota Kupang. Hasil penelitian menunjukkan bahwa upaya kepolisian meliputi penanganan kasus, penegakan hukum, dan pemberian perlindungan khusus, dengan Unit Perlindungan Perempuan dan Anak (PPA) sebagai garda terdepan dalam memberikan layanan konsultasi, pendampingan, dan bantuan medis, serta pelaksanaan upaya preventif dan represif melalui sosialisasi dan kerja sama lintas instansi. Namun, pelaksanaan perlindungan hukum masih menghadapi hambatan internal berupa keterbatasan sumber daya manusia dan koordinasi antar lembaga, serta hambatan eksternal berupa kesulitan memperoleh informasi yang akurat terkait tindak pidana kekerasan seksual. Penelitian ini menegaskan pentingnya penguatan kapasitas kepolisian dan koordinasi lintas sektor untuk meningkatkan perlindungan hukum bagi korban.

Kajian Hukum Pidana Penyalahgunaan Dana Gereja: Studi Kasus Kupang Timur Priskila, Juane; Manafe, Deddy R. Ch.; Dede, Ngongo
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.v3i2.22696

Misuse of funds occurred in two churches with a difference in funds that could not be accounted for by the previous treasurer, and the takeover of the management of church construction funds by active military members. Based on these problems, this study aims to determine and understand the criminal acts that occur in the management of church funds, as well as the form of criminal responsibility carried out in the East Kupang Classis and the Imatha Yonif 743/PSY Naibonat Church. The type of research used is empirical legal research, through an approach that emphasizes legal analysis seen from social reality. This study not only examines the applicable written legal norms, but also examines the application of the law in society, especially in the misuse of church funds. Data were obtained directly from the research location through interview techniques with sources from the East Kupang Classis Congregation and the Imatha Yonif 743/PSY Naibonat Congregation. In addition, data were also obtained from reading several literatures that were in accordance with the problem, then analyzed descriptively qualitatively. The results of the study show that the settlement of the case against the two churches was carried out internally by providing compensation in the form of replacement money by the parties involved and the dismissal of active military members from their positions as deputy chairmen of the congregation council. Therefore, a firm legal strategy and internal church policy are needed to strengthen the integrity and transparency in the financial management of religious institutions.

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

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.

ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN ARTIFICIAL INTELIGENCE SEBAGAI ALAT TINDAK KEJAHATAN DI INDONESIA Lastrio, Yohana; Manuain, Orpa G; 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.v3i2.22935

The rapid advancement of Artificial Intelligence (AI) has brought transformative benefits across various sectors but has also introduced profound legal challenges, particularly in attributing criminal liability when AI is used as a tool in criminal acts. This research is guided by the core question: How can Indonesia’s criminal law system establish liability for the use of Artificial Intelligence as an instrument of crime? Employing a normative juridical method, this study integrates statutory, conceptual, case-based, comparative, and historical approaches to examine the current legal framework, including the Electronic Information and Transactions Law (ITE Law) and the 2023 Indonesian Criminal Code. Findings reveal that Indonesia’s legal system still faces significant normative and technical barriers. Normatively, existing regulations do not fully address the complexity of autonomous and adaptive AI systems. Technically, establishing mens rea and causality between human action and AI-generated outcomes remains difficult. In this context, the Perpetration by Another Liability model is a relevant legal framework, positioning AI as instrumentum delicti and assigning criminal responsibility to the human actors, developers, providers, or users, who knowingly deploy AI systems for unlawful purposes. This model aligns with Articles 36 and 37 of the Criminal Code and emphasizes accountability, precaution, and legal adaptability in facing the evolving nature of AI-driven crimes.

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