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Artemis Law Journal
Published by Universitas Nusa Cendana
ISSN : -     EISSN : 30309387     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Artemis Law Journal (ALJ) is an open access and peer-reviewed journal that aims to offer an international academic platform for legal research. These may include but are not limited to various fields such as: Civil Law; Criminal Law; Constitutional and Administrative Law; Procedural Law; International Law; and Another section related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 140 Documents
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Tanggung Jawab PT Nusa Timor Perkasa Sebagai Developer Dalam Penjualan Rumah Melalui Kredit Pemilikan Rumah (KPR) Perumahan Nusa Persada Di Naioni Kota Kupang Buraen, Stefanus Asa Emuel; Jacob, Yossie M Y; Dinata, Husni Kusuma
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.v2i2.21060

Abstract

Developers or what are known as housing development companies are companies engaged in housing development from various environmental infrastructure and social facilities needed by their residents. Housing is defined as a residential area equipped with public facilities and supporting infrastructure. Banking plays a role in providing financing facilities through Home Ownership Credit (KPR). KPR is a credit facility provided by banks for customers to buy or renovate a house. In its implementation, developers work with banks to facilitate public access to home ownership. This study discusses (1) the legal relationship of the parties in the sale of a house through Home Ownership Credit and (2) the developer's responsibility for the quality of the house building after the Home Ownership Credit agreement.This study is an empirical legal study with a qualitative descriptive method. The results of the study indicate that the legal relationship between the parties occurs since the signing of the agreement, namely the cooperation agreement between the developer and the bank, the sales and purchase agreement between the developer and the consumer, and the credit agreement between the bank and the consumer in accordance with Article 1320 of the Civil Code. The developer's responsibility is basically to complete the construction of the building, provide infrastructure, provide facilities, provide public utilities, take care of the distribution of certificates, and be responsible for the subsidized housing building after the credit agreement. The principle of responsibility applied by the developer to consumers is the principle of responsibility with limitations (limitation of liability).
Analisis Yuridis Pembatalan Akta Hibah Tanah Oleh Pengadilan Negeri Kupang (Studi Kasus Putusan Nomor 298/PDT.G/2021/PN/KUPANG) Neonufa, Ananda Pricely Rindang; Mauritsius, Darius; Dinata, Husni Kusuma
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.v2i2.21068

Abstract

Cancellation of a deed of gift has legal consequences that the assets that have been donated must be returned to the grantor, as regulated in Articles 1673 and 1674 of the Civil Code. The problem in this study is how are the considerations of the parties in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? And how are the considerations of the judge in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? The type of research used is normative legal research by collecting, reading, tracing a number of library materials and analyzing Decision Number 298/pdt.g/2021/PN/Kupang. The results of this study show: (1) The considerations of the parties in this case the Plaintiff, Defendant and Co-Defendant I and Co-Defendant II each have strong reasons regarding their involvement in the land grant process until the issuance of the certificate, but from all the reasons put forward there are several irregularities that weaken the Defendant and Co-Defendant and (2) the basis for the judge's considerations in this decision is in accordance with the objectives of the law, namely Justice, Certainty and Benefit. Legal certainty has occurred after the deed of grant was issued in the name of the defendant, but the judge set aside the objective of legal certainty, but in this case the judge also took another objective, namely justice.
Perlindungan Data Pribadi Pada Platform Digital Pinjaman Online Ditinjau Dari Undang-Undang Nomor 27 Tahun 2022 Tentang Perlindungan Data Pribadi (Studi Kasus Di Kota Kupang, NTT) Kim, Maria Theresia; Jacob, Yossie M Y; Dju Bire, Chatryen M
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.v2i2.21070

Abstract

The protection of personal data on online lending digital platforms has become an increasingly important issue in line with the rapid development of information and communication technology. This study aims to analyze the legal protection of personal data in the context of online lending in Kupang City, East Nusa Tenggara, with reference to Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). The research method used is empirical law, with data collection through interviews and literature studies. The results show that although the PDP Law provides a clear legal framework, there are still weaknesses in its implementation, especially related to public awareness of their rights to personal data. Factors causing personal data leakage include internal weaknesses in data management by online loan providers, as well as external factors such as economic conditions and lack of education. This research recommends the need for a comprehensive approach that combines preventive and repressive efforts to improve personal data protection, as well as raising public awareness of the importance of data security. Thus, it is hoped that the protection of personal data can be guaranteed, support public trust, and encourage sustainable growth of the digital economy.
Kajian Kriminologis tentang Kecenderungan Pelaku dalam Melakukan Kejahatan Berat yang Mengakibatkan Matinya Korban di Kota Kupang Ga, Jurondly Marcky Iverson; Manafe, Deddy R Ch; Dima, Adrianus Djara
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.v2i2.21113

Abstract

This study examines the tendency of perpetrators to commit serious crimes that result in the death of victims in Kupang City, with the main focus on the crime of murder. Based on these problems, this study focuses on two main aspects, namely: (1) factors that cause someone to tend to commit the crime of murder, and (2) the role of the social environment and the legal system in influencing this tendency. This study uses an empirical research method with a qualitative approach. Data were obtained through documentation studies of court decisions, interviews with perpetrators of crimes at the Kupang Class IIA Penitentiary, and analysis of the factors causing the crime. The results of the study indicate that the tendency of someone to commit the crime of murder is influenced by various factors, including emotional drives, revenge, the influence of alcohol, and social and economic conditions. In addition, weak social control and a less supportive environment also contribute to the increased risk of someone committing serious crimes. Therefore, more effective prevention efforts are needed through social and legal approaches, including increasing legal education in the community, monitoring the factors that trigger crime, and strengthening the role of law enforcement officers in handling murder cases more optimally.
Penerapan Pidana Tambahan Berupa Uang Pengganti Dalam Perkara Tindak Pidana Korupsi Mantan Bupati Kabupaten Kupang Ibrahim Agustinus Medah (Putusan No.78/Pid.Sus-TPK/2021/PN. KPG) Sine, Jeremy Alexander; Manuain, Orpa Ganefo; Fanggi, Rosalind Angel
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.v2i2.21118

Abstract

This study examines the provisions of additional criminal penalties in the form of replacement money in the corruption case of the former Regent of Kupang Regency, Ibrahim Agustinus Medah, based on Decision No. 78/Pid.Sus-TPK/2021/PN.KPG. Based on these problems, this study focuses on two main aspects, namely how to apply additional criminal penalties in the form of replacement money in corruption crimes in accordance with applicable law. This study uses an empirical legal research method with a regulatory-statutory approach and a conceptual approach. The results of the study show that although additional criminal penalties in the form of replacement money have been regulated in the Indonesian criminal law system, their implementation still faces various obstacles. Some of the main obstacles found in this study include the difficulty of the process of proving assets that can be confiscated, the limited financial ability of the convict to pay replacement money, the slow process of executing the verdict, and the lack of effective supervision in the implementation of this additional penalty. Therefore, improvements are needed in the execution mechanism, increased transparency in law enforcement, and strengthened supervision and coordination between related institutions to increase the effectiveness of the application of additional criminal penalties in corruption cases.
Kesadaran Hukum Masyarakat Dalam Pemanfaatan Lahan Pekarangan Di Kelurahan Oepura Kecamatan Maulafa Ditinjau Dari Peraturan Daerah Kota Kupang Nomor 7 Tahun 2000 Tentang Ruang Terbuka Hijau Benu, Seprianus Aleksander; Monteiro, Yosef M; Radji, Megi O
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.v2i2.21173

Abstract

Green open space (RTH) is part of the open spaces of an urban area filled with plants, vegetation, and vegetation to support the direct and indirect benefits generated by RTH in the city, namely security, comfort, welfare, and beauty of the urban area. The availability of green open space in Kupang City is categorized as sufficient. The Kupang City Government (Pemkot) issued Kupang City Regional Regulation Number 7 of 2000 concerning RTH and circulars for offices, private business actors and the general public, to provide land designated as parks or mini gardens in their respective yard areas. This study discusses (1.) How is the legal awareness of the community in the use of yard land based on Kupang City Regional Regulation Number 7 of 2000 concerning RTH? (2.) What are the factors that hinder the legal awareness of the community in the use of yard la? This research is a type of empirical legal research. The results of the study show that the level of legal awareness of the community in the Maulafa sub-district is measured using four indicators of legal awareness according to Soerjono Soekanto, namely legal knowledge, legal understanding, legal attitudes and legal behavior so that it can be concluded that the legal awareness of the community is still relatively low. Educational factors and economic factors are obstacles to the legal awareness of the community in the Oepura Sub-district.
Kekuatan Hukum Pembuktian Sertifikat Hak Milik Atas Tanah (Studi Kasus Putusan Pengadilan Negeri Rote Ndao Kelas II Nomor: 10/PDT.G/2022/PN RNO) Therik, Abigail Amelia; Jacob, Yossie M Y; Dju Bire, Chatryen M
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.v2i2.21174

Abstract

Land has an important role in human survival. To ensure legal certainty and protection for each person holding the relevant rights, it is necessary to prove ownership of land rights, namely Certificate of Ownership. But in fact, even land that has been certified can still be sued. This shows that the existence of land certificates has not fully guaranteed legal certainty and legal protection to the relevant right holders as in Decision Number: 10/Pdt.G/2022/PN Rno. This research is normative juridical research with a statutory approach, case approach and conceptual approach. The results of this research show: (1) That the Plaintiff in all the evidence that has been submitted cannot dispute the validity of the Certificate of Title Number: 537 of 2009 in the name of the Defendant, dated July 27, 2009, so that the Defendant's ownership of the disputed land is valid according to the law and the Certificate of Title has strong evidentiary power that is legally binding which has been reviewed according to the theory of evidence. (2) That the panel of judges examining and adjudicating this case has given a decision based on legal considerations that have the value of justice (ex aequo et bono) and contain legal certainty. In this case, the panel of judges decided that the Plaintiff's claim was rejected in its entirety and that the Defendant was entitled to the disputed land based on Certificate of Title Number: 537 of 2009 in the name of the Defendant, dated July 27, 2009.
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.
Perlindungan Hukum Terhadap Anak Korban Perundungan (Bullying) Manilani, Flora Apriliana; Medan, Karolus Kopong; Fanggi, Rosalind A
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.v2i2.21180

Abstract

Bullying prone to occur in the community, especially children, bullying occurs in various forms such as verbal, physical violence and also cyberbullying. In Indonesia the act of bullying is not explicitly regulated in legislation. The problem discuss in this research is how the legal arrangements for criminal acts of bullying against children according to Indonesian legislation and the form of legal protection for child victims of criminal acts of bullying. The aim is to be able to know and explain the legal arrangements of bullying against children and what forms of protection the law provides for child victims of bullying in Indonesian legislation.The researchers used normative research, wich uses a conceptual and legislative approach to describe and analyse the problems found. The results of this study indicate that act of bullying in criminal law is not specifically regulated, so it is necessary to pay attention to the type of bullying in order to determine the right laws and regulation. In terms of protection of bullying victims, criminal laws only regulate the victim's right to receive restitution or compensation, but do not regulate specific rights to the psychological protection of victims. From the research result, it can be concluded that bullying is generally defined as an act of violence which is then futher described into several forms of criminal acts in statutory provisions, so that in order to protect society from bullying,several legal protection efforts are made, including preventive, preemptive, and repressive legal protection.
Penguasaan Dan Penggunaan Tanah Oleh Warga Negara Asing Berdasarkan Perjanjian Sewa Menyewa Di Pulau Kepa Desa Alor Kecil Kecamatan Alor Barat Laut Kabupaten Alor Tanhi, Semi Yusup; Nubatonis, Orpa J
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.v2i2.21209

Abstract

This study is an empirical research that aims to find out and analyze foreign countries based on lease agreements on Kepa Island, Alor Kecil Village, Alor Barat District, Alor Regency. This research was conducted on Kepa Island. The types of data used are primary data and secondary data. The data collection techniques used are through interviews and literature studies. The population in this study is the head of the land office, village head, foreign citizens, and local communities who make lease agreements with foreign citizens. The sample used in this study is a saturated sample technique with a total of 7 respondents. This study shows that the ownership and use of land by foreign nationals through lease agreements requires special attention in terms of regulations and their implementation to ensure that existing regulations can be optimized to support responsible and sustainable investment in the area so that national interests and community welfare are maintained.

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