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Wihelmus, Bhisa Vitus
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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 Haki, Grasella Listin Leo, Rudepel Petrus Nitbani, Florensi T Pello, Jimmy Rosalind Angel Fanggi, Rosalind Angel