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All Journal Jurnal Multidisiplin Dehasen (MUDE) Jurnal Hukum Sehasen
Jimmy Pello
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Nusa Cendana
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Strategi Polri Dalam Penanggulangan Penyelundupan Narkotika Melalui Perbatasan Negara Indonesia-Timor Leste Di Kabupaten Belu Geraldo Kevin Gebo Tomo Lawa; Jimmy Pello; Rosalind Angel Fanggi
Jurnal Multidisiplin Dehasen (MUDE) Vol 5 No 2 (2026): April
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v5i2.10526

Abstract

This study aims to analyze the strategies employed by the Indonesian National Police (Polri) in tackling narcotics smuggling across the Indonesia–Timor Leste border in Belu Regency, as well as to identify the supporting factors and obstacles in the implementation of these strategies. The research uses an empirical legal study with a qualitative approach to examine how Polri applies strategies in combating narcotics smuggling in the border area. Primary data were collected through interviews with the Head of the Narcotics Unit of Polres Belu and the Head of BNN Belu, while secondary data were obtained from literature, journals, official documents, and previous studies. Data collection techniques included interviews, observations, and document analysis. Data were analyzed using qualitative descriptive methods through coding, categorization, and interpretation, providing a comprehensive overview of the preventive, repressive, and coordinative strategies of the police, as well as the supporting and inhibiting factors in their implementation. The results indicate that Polri implements three main strategies: preventive, repressive, and coordinative. Preventive strategies include routine patrols, monitoring official and unofficial routes, and collecting information from the public and confidential informants. Repressive strategies involve investigation, arresting offenders, seizing evidence, and carrying out legal processes in accordance with applicable regulations. Coordinative strategies are implemented through inter-agency cooperation with BNN, Customs, TNI, Immigration, and Timor Leste security authorities to strengthen cross-border surveillance and law enforcement. The study also identifies supporting factors such as community participation, technological support, inter-agency synergy, and clear regulations. Conversely, obstacles include limited personnel, inadequate facilities and infrastructure, the challenging geography of the border area, potential information leaks, and coordination difficulties between agencies.
Juridical Analysis of Sentencing Disparity in Cases of Joint Commission of Rape and Murder by a Minor in Palembang Welmar Sonia Aprialda da Silva; Jimmy Pello; Orpa G. Manuain
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 Herli Paulus Poto; Jimmy Pello; Bhisa Vitus Wilhelmus
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.
Co-Authors Bhisa Vitus Wilhelmus Geraldo Kevin Gebo Tomo Lawa Herli Paulus Poto Orpa G. Manuain Rosalind Angel Fanggi Welmar Sonia Aprialda da Silva