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Contact Name
Gerald A Bunga
Contact Email
artemislawjournal@undana.ac.id
Phone
+6281353767434
Journal Mail Official
artemislawjournal@undana.ac.id
Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia
Location
Kota kupang,
Nusa tenggara timur
INDONESIA
Artemis Law Journal
ISSN : -     EISSN : 30309387     DOI : -
Core Subject : Humanities, Social,
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 141 Documents
Peran Kepala Desa Dalam Meningkatkan Kinerja Perangkat Desa Di Desa Lairuru Kecamatan Umalulu Kabupaten Sumba Timur Amah, Oktavina Ana; Tuan, Yohanes; Asnawi, Norani
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.v3i1.21487

Abstract

The village head has full responsibility for the success of the implementation of village government that has targets that must be achieved, the village apparatus can be said to be good if the performance is in accordance with the targets that must be achieved. Where there are still complaints from the community until now that the Lairuru village government has not provided services in accordance with the needs of the community optimally. For example, village officials are often not at the village office when the community will take care of administrative needs, for example taking care of the certificate of incapacity, taking care of family cards, taking care of domicile certificates, managing the making of birth certificates, and identity cards. This is because the village head in leading the implementation of the village government is not firm in relation to the performance of the village apparatus. In carrying out their duties, the village head is responsible for leading and coordinating their respective subordinates and providing guidance and instructions for the implementation of subordinate duties.
Fungsi Lembaga Adat Dalam Pembangunan Desa Tengku Lawar Dan Desa Lamba Keli Kecamatan Lamba Leda Kabupaten Manggarai Timur Ditinjau Dari Peraturan Menteri Dalam Negeri Nomor 18 Tahun 2018 Tentang Lembaga Kemasyarakatan Desa Dan Lembaga Adat Desa Melin, Yunita; Monteiro, Yosef M; Ermalinda, Jenny
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.v3i1.21509

Abstract

This study aims to examine the role of customary institutions in the development of Tengku Lawar Village and Lamba Keli Village located in Lamba Leda District, East Manggarai Regency, with the legal basis of the Minister of Home Affairs Regulation Number 18 of 2018. In this study, an empirical legal approach was used with data collection through interviews, observations, and document studies. The results of the study indicate that customary institutions have a very important role in several aspects, namely: (1) maintaining and preserving cultural identity through a series of traditional ceremonies such as Penti, Kalok, and Wagal; (2) protecting the customary rights of the community through the tente teno system; (3) encouraging the implementation of deliberation and consensus, or what is known as lonto leok; (4) resolving disputes related to customs; and (5) regulating community life in accordance with applicable customary law. However, in carrying out these functions, customary institutions face several obstacles, including limited understanding of the law, low quality of human resources (especially those with basic education), and minimal allocation of funds after the COVID-19 pandemic. This study highlights the need for collaboration between village governments and traditional institutions to integrate local wisdom with modern development.
Peran Pemerintah Desa Wemeda Kecamatan Malaka Timur Kabupaten Malaka Terhadap Perlindungan Sumber Daya Air Di Tinjau Dari Undang-Undang Nomor 17 Tahun 2019 Tentang Sumber Daya Air Muti, Odilia Maria Roswita; Nuban, Detji K E R; Asnawi, Norani
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.v3i1.21522

Abstract

This study examines the role of the Wemeda Village Government in protecting Wemetan water resources in accordance with Law No. 17/2019 concerning Water Resources. Using empirical legal research and qualitative descriptive approaches, data were collected through interviews, observations, and document analysis involving 424 heads of families. The findings show that although the village government has implemented conservation efforts such as reforestation, pipe maintenance, and community involvement, their authority remains limited because the main responsibility for water management lies with the Malaka Regency Government. The main challenges faced include: (1) frequent pipe damage and power outages, (2) lack of socialization regarding water protection regulations, and (3) lack of institutional support (no Regional Technical Implementation Unit/UPTD). Despite receiving funds of IDR 19.3 billion, water distribution is still inefficient (only twice a week), forcing residents to buy tanker water at high prices (IDR 150,000-200,000/tank). This study highlights three crucial gaps: (1) a disconnect between national laws and local implementation, (2) weak intergovernmental coordination, and (3) the absence of binding village regulations (Perdes) for law enforcement. Proposed recommendations include the establishment of UPTDs, improved infrastructure maintenance, and more intensive community education.
Kebijakan Kriminal Dalam Perlindungan Korban Pelecehan Seksual Via Virtual Reality Ramis, Teresia Avilla; Manuain, Orpa G; Fanggi, Rosalind Angel
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.v3i1.21531

Abstract

Technological advances have created virtual reality that allows for digital interaction, but also opens up opportunities for sexual harassment. Positive law in Indonesia does not yet have specific rules to regulate cases of sexual harassment in the context of virtual reality. This research aims to find out and analyze criminal policy, namely penal policy and non penal policy in the protection of potential victims of sexual harassment via virtual reality. This research is a normative legal research with a legislative, conceptual, and case approach. The source of legal materials used consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is carried out through literature studies. Criminal policy analysis in the criminal act of sexual harassment via Virtual Reality is carried out using descriptive analysis techniques, which involve the analysis of penal policy and non penal policy to understand the applicable criminal law policy and find out preventive measures that can be used to protect potential victims of sexual harassment via virtual reality in the future. Based on the results of the research, criminal law policy in Indonesia can provide protection for potential victims of harassment via virtual reality. However, the implementation of penal policy alone is not enough, so there needs to be a non-penal policy that can help prevent and handle sexual harassment via virtual reality. Thus, criminal law policy or penal policy and non-criminal law policy or non-penal policy can be an effective solution to protect victims of sexual harassment via virtual reality.
Penyelesaian Sengketa Kepemilikan Tanah Adat Melalui Proses Pauhi dan Pahamang di Desa Rindi Praiyawang, Kabupaten Sumba Timur Ngunjunau, Umbu Lapu; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v3i1.21541

Abstract

Land dispute resolution in indigenous communities is a complex process and is influenced by various social, cultural, and customary law factors. This study aims to analyze the Pauhi and Pahamang mechanisms as methods for resolving land disputes in indigenous communities and to identify the obstacles faced in their implementation. The research method used is a qualitative approach with in-depth interview techniques with customary leaders and communities involved in the dispute resolution process. The results of the study show that Pauhi functions as a deliberation mechanism that opens up space for dialogue for disputing parties, while Pahamang is a final decision-making stage. However, in its implementation, these two mechanisms face various challenges, such as lack of public awareness, minimal documentation, and the influence of personal interests in decision-making. In addition, external factors such as modernization and state law also influence the effectiveness of the customary system in resolving land conflicts. Therefore, efforts are needed to strengthen this customary mechanism by increasing coordination between customary stakeholders, recording decisions in writing, and integrating with the formal legal system to ensure the sustainability and effectiveness of land dispute resolution in indigenous communities.
Pelaksanaan Tugas Dan Wewenang Badan Pengawas Pemilu (Bawaslu) Dalam Mencegah Politik Uang Pada Pemilu 2024 (Studi Kasus Kabupaten Manggarai Barat) Bahagia, Yovita; Monteiro, Yosef M; Dalima, Maria Susanti
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.v3i1.21560

Abstract

This study aims to analyze the effectiveness of the Election Supervisory Agency (Bawaslu) of West Manggarai Regency in preventing the practice of money politics in the 2024 Election. The method used is empirical juridical with a socio-legal, conceptual, and legislative approach, involving interviews with stakeholders The results of the study indicate that Bawaslu faces various internal challenges, such as limited human resources (4 district apparatus and 36 sub-district supervisors to supervise 181 regions), minimal APBD budget, and weaknesses in regulations, especially Law No. 7/2017 which does not provide sanctions for recipients of money politics. external challenges include the deep-rooted culture of money politics, low legal awareness in the community - as seen from the acceptance of money or "water suction machines" by residents of Golo Ketak Village - and economic limitations. Although Bawaslu has implemented prevention strategies, such as vulnerability mapping (IKP) and cross-agency coordination, the implementation of these strategies is still not optimal, especially due to disparities in the reach of socialization in remote areas. For this reason, this study recommends: (1) revision of the Election Law to expand criminal sanctions, (2) strengthening the capacity of Bawaslu through the addition of human resources and budget increases, and (3) implementation of massive community-based education.
Tinjauan Hukum Pidana Terhadap Kejahatan Kesusilaan Yang Dilakukan Oleh Anggota Dewan Perwakilan Rakyat Daerah (Studi Kasus Di Pengadilan Negeri Soe) Selan, Nadia Melisa; Fallo, Debby F. Ng; Wilhelmus, Bhisa Vitus
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.v3i1.21604

Abstract

This study analyzes the main legal issues in the Soe District Court Decision No. 38/Pid. B/2021 relating to the application of Article 281 paragraph (2) of the Criminal Code (maximum sentence of 2 years and 8 months) for crimes against morality committed by members of the DPRD, while the alternative charge of Article 289 of the Criminal Code (sentence of 9 years) was not applied without adequate legal explanation. This study shows that the defendant has been proven to have committed repeated non-penetrative sexual harassment in front of witnesses, with the victim suffering from Post-Traumatic Stress Disorder (PTSD) based on the results of a psychological examination. The 8-month sentence imposed is considered disproportionate to the impact of the trauma experienced by the victim, the frequency of the act, the perpetrator's position as a public official, and a similar verdict handed down at the Yogyakarta District Court which reached 1.5 years. Fundamental criticisms include the use of the mitigating factor of "family backbone" which can strengthen patriarchal views, as well as the need for an assessment of consistency in sentencing and the application of a restorative approach in cases of sexual violence based on power relations.
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

Abstract

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?
Upaya Penegakan Hukum Balai POM Di Kupang Terhadap Produksi Dan Penjualan Kerupuk Yang Mengandung Boraks Kadja, Gracia Frederika; Dima, Adrianus Djara; Fanggi, Rosalind Angel
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.v3i1.22002

Abstract

Law enforcement efforts by the BPOM in Kupang were carried out by the BPOM Civil Servant Investigator (PPNS) by conducting an investigation based on sample results. During the 2021-2023 period, there was a surge in the discovery of foods containing borax with crackers being the most products. The formulation of the problem in this study is: (1) How are the law enforcement efforts by the BPOM in Kupang against the case of the discovery of crackers containing borax. (2) What is the inhibiting factor for the BPOM in Kupang in carrying out law enforcement efforts against the case of the discovery of crackers containing borax. The type of research used in this study is empirical juridical, namely in analyzing problems carried out by combining legal materials with data in the field. The results of the research obtained: (1) Law enforcement efforts by the BPOM were carried out by BPOM investigators based on the results of sample tests and investigations were carried out by investigators with the provision of administrative sanctions. (2) The factors that hinder law enforcement by the BPOM are due to; lack of investigators, lack of ability, understanding and awareness of actors, actors who sell from place to place, lack of optimal implementation of regulations, lack of awareness of parties collaborating with the BPOM, geographical conditions in the form of islands, and lack of community participation. Suggestions need to increase law enforcement in the food sector, especially in the production and sale of crackers with borax, increase in cooperation with parties who collaborate with the BPOM in socializing food security and the dangers of chemical additives, strict supervision of the distribution and sale of cracker products containing borax, and followed by increasing awareness of each sector in collaboration with BPOM.
Tinjauan Yuridis Perjanjian Sewa Menyewa Tanah Untuk Usaha Rumah Makan Antara Pemerintah Daerah Kabupaten Sikka Dan Pengusaha Rumah Makan Di Kecamatan Alok Timur Kabupaten Sikka Dua Tatu, Yohana Lidya Ayu Putri Yuliana; Nubatonis, Orpa J; Pello, Helsina F
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.v3i1.22064

Abstract

This study focuses on the legal analysis of land lease agreements for restaurant businesses between the Sikka District Government and restaurant entrepreneurs in Alok Timur Subdistrict, driven by the increasing demand for strategic land in line with economic growth. The objective of this research is to understand the lease agreement procedures in place and to identify the obstacles encountered in their implementation. The methodology employed is empirical legal research with a case study approach, involving interviews and observations of the relevant parties. The findings indicate that the lease agreement procedures at Maumere Market comply with the requirements set forth in the Civil Code; however, significant obstacles exist, such as delays in rent payments by tenants and unilateral increases in rental fees by landlords without adequate notice. The conclusion of this study emphasizes the importance of transparency and communication between landlords and tenants to avoid conflicts, and it provides recommendations for market managers to conduct socialization regarding leasing kata procedures and to consider tenants' conditions in setting rental fees, in order to create a more conducive and sustainable business environment.