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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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Pengaturan Sistem Dan Mekanisme E-Voting Dalam Pemilihan Kepala Desa Syukur, Yohanes Paulus; Ratu Udju, Hernimus; Benu, Yonas S O
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.v3i1.22113

Abstract

The electronic voting system in village head elections is a breakthrough in digital democracy that aims to increase transparency and efficiency. This study focuses on a legal review of e-voting based on Village Law No. 6/2014 and the Constitutional Court's decision, which allows the use of this method as long as the principles of democratic elections are followed. The e-voting process involving e-KTP can reduce the possibility of fraud, speed up the vote counting process, and reduce logistics costs. Some of the challenges faced include infrastructure readiness, digital literacy levels, and human resource capabilities. Implementation in various regions since 2013 has shown that this method can be applied, although a gradual approach is needed. In conclusion, e-voting has the potential to change the democratic system in villages if supported by appropriate regulations, capacity building, and socialization that embraces all parties.
Penerapan Sanksi Pidana Peraturan Daerah Kota Kupang Nomor 10 Tahun 2007 Tentang Retribusi Izin Usaha Pemeliharaan Ternak Terhadap Peternakan Bani, Putri Paskalia Pati; Pello, Jimmy; Leo, Rudepel Petrus
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.v3i1.22114

Abstract

The main problems of this research are (1) Has the criminal sanction in Local Regulation No. 10/2007 on Retribution for Livestock Keeping Business License in Kupang City been applied against livestock keepers in the jurisdiction of Kupang City District Court? and (2) What are the factors inhibiting the application of criminal sanctions in Local Regulation No. 10/2007 on Retribution for Livestock Keeping Business License in Kupang City? This type of research is empirical juridical research, namely research with a juridical approach that examines primary legal materials, tertiary legal materials and secondary legal materials and examines existing data in the field while still paying attention to legal theories, principles and rules. The data collection techniques used are interviews, questionnaires and document studies. The results of this study show: (1) The application of criminal sanctions in Regional Regulation No. 10 of 2007 concerning Retribution for Livestock Maintenance Business License, namely: (a) Forms of Criminal Sanctions in Local Regulation Number 7 Year 2007, (b) Application of Criminal Sanctions in Local Regulation Number 10 Year 2007, (2) Factors inhibiting the application of criminal sanctions in Local Regulation Number 10 Year 2007 on Retribution of Livestock Maintenance Business License in Kupang City (a) Low Public Legal Awareness. (b) Weak Supervision and Socialization. (c) The absence of a special budget for enforcement of local regulations, (d) the existence of social tolerance for violations.
Tinjauan Yuridis Tentang Kebijakan Penanganan Narapidana Lansia (Suatu Analisis Terhadap Kesejahteraan dan Kesehatan Mental di Lembaga Pemasyarakatan Kelas II A Kupang) LeoDima, Harmingganov; Amalo, Heryanto; 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.v3i1.22135

Abstract

The increasing number of elderly inmates in correctional institutions presents new challenges for Indonesia’s legal system and correctional policy, particularly in the context of Eastern Indonesia. As part of the correctional population, elderly inmates have specific needs that are not yet fully accommodated by the existing system. This study aims to analyze the policy on the treatment of elderly inmates at Class IIA Correctional Facility in Kupang and assess its effectiveness in ensuring their well-being and mental health, including identifying key obstacles and formulating adaptive rehabilitation approaches. The research adopts an empirical juridical method by combining normative analysis of relevant legislation with field studies conducted through interviews, observation, and documentation. The findings reveal that current policies are insufficiently responsive to the specific conditions of elderly inmates. Key issues identified include the limited availability of medical personnel and mental health services, inadequate elderly-friendly infrastructure, and the absence of rehabilitation programs tailored to their physical and psychosocial conditions. This study concludes that the correctional system remains oriented toward a standard model that fails to comprehensively address the needs of vulnerable groups. Therefore, there is an urgent need for participatory correctional policies based on individual needs and strengthened rehabilitative approaches. Moreover, this research contributes to the enrichment of legal literature on correctional policies for elderly inmates at the regional level, particularly in Eastern Indonesia, which has received limited attention in academic discourse.
Perspektif Hukum Pidana Terhadap Tindak Pidana Cyber Pornography Dalam Penggunaan Platform OnlyFans Ferreira, Francisca Das Dores; Manafe, Deddy R. CH.; Dima, Adrianus Djara
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.v3i1.22216

Abstract

Technological advancements, especially in the internet and social media, have significantly impacted human life. In Indonesia, cyber pornography has become a growing concern, particularly through platforms like OnlyFans. Although such content is punishable under Indonesian criminal law, law enforcement in the digital space remains weak due to various challenges. This makes it essential to understand and address the misuse of digital platforms to prevent further spread of pornographic material. The problem formulation in this study focuses on the misuse of OnlyFans for cyber pornography, which violates Indonesian law. Although the platform is officially blocked by Kominfo, it is still accessible via VPN, allowing the illegal distribution of content. Under the ITE Law and the Criminal Code, individuals who intentionally share or profit from pornographic content may face imprisonment and fines. Therefore, stronger legal enforcement and increased public awareness are urgently needed. This research uses a normative juridical approach, combining qualitative analysis and legislative review. The study is based on secondary legal materials, analyzed through a descriptive method. The findings reveal that OnlyFans facilitates paid transactions between creators and fans for pornographic content. Despite being blocked, access via VPN continues. Current laws and government measures are insufficient to address technological developments, especially regarding OnlyFans. Effective legal action requires better technological understanding and greater public awareness. The study concludes that various motivations drive the use of OnlyFans for pornography, which can potentially lead to further criminal acts under Indonesian law.
Rekomendasi Pembimbing Balai Pemasyarakatan Kelas II Kupang Dalam Penanganan Perkara Pencurian Dengan Pemberatan Yang Dilakukan Oleh Anak Dates, Oyang Tamara
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.v3i1.22220

Abstract

The handling of criminal cases involving children as offenders requires a distinct approach from that applied to adult offenders, particularly in implementing restorative justice principles and child protection measures. This study examines the role and recommendations of the Community Advisor from the Class II Correctional Center (BAPAS) in Kupang in cases of aggravated theft committed by children. Based on the analysis of two cour,t decisions Decision No. 7/Pid.Sus-Anak/2016/PN.Kpg and Decision No. 12/Pid.Sus-Anak/2017/PN.Kpg, it was found that the Community Advisor’s recommendations serve as a critical consideration for judges when imposing conditional sentences. These recommendations include aspects of child rehabilitation, legal protection, child welfare, and environmental factors such as parental neglect in supervising children’s behavior and social interactions. Judges took these recommendations into account to ensure that the imposed sentences were not merely punitive, but also aimed at supporting the child's rehabilitation and social reintegration. These findings affirm the strategic role of Community Advisors and their assessments in the juvenile criminal justice system in safeguarding children's rights and promoting a more humane and preventive sentencing approach.
Transparansi Pengelolaan Dana Desa Tahun 2022 Di Desa Mondu Kecamatan Kanatang Kabupaten Sumba Timur Ditinjau Dari Peraturan Menteri Dalam Negeri Nomor 20 Tahun 2018 Tentang Pengelolaan Keuangan Desa Ngana, Debi Ndai; Monteiro, Josef Mario; Tupen, Rafael Rape
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.v3i1.22226

Abstract

This study investigates the level of transparency in the management of Village Funds in 2022 in Mondu Village, East Sumba Regency, by referring to Permendagri Number 20 of 2018. Using empirical legal research methods and socio-legal approaches, it was found that although important documents such as the APBDes and RKPDes exist, information is still difficult to access because it is only available in physical form (such as notice boards and manual archives) without a digital platform. The Accountability Letter (SPJ) for Village Funds is inaccessible to the general public, and reliance on manual systems hinders community participation, especially from vulnerable groups. The results of the study indicate a gap between compliance with administrative regulations and the principle of true transparency, which is further exacerbated by the lack of technological infrastructure, low public understanding of the APBDes, and lack of socialization and active involvement. Structural problems such as unstable internet connections and lack of computer access further exacerbate accountability problems. Recommendations from this study include accelerating the digitalization of documents, strengthening technology-based village information systems, and increasing community capacity through more intensive socialization. These changes in governance are expected to increase public trust and encourage more inclusive village development by following the principles of good governance.
Kewenangan Pemerintah Desa Dalam Pengadaan Air Bersih Di Desa Lotas Kecamatan Rinhat Kabupaten Malaka Usu, Benedikta; Yohanes, Saryono; Ratu Udju, Hernimus
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.v3i1.22259

Abstract

Lotas Village, Rinhat District, Malaka Regency, often experiences problems in the management of natural resources, especially in the provision of clean water to the community. In relation to this, in Lotas Village, Rinhat District, Malaka Regency, problems often occur in the management of natural resources, especially in the provision of clean water to the community. This type of research is empirical legal research, namely research that focuses on studying problems in detail and in detail. In this study, the research location that the author took was Lotas Village, Rinhat District, Malaka Regency. Village Government Authority in Clean Water Procurement in Lotas Village, Rinhat District, Malaka Regency, which includes, Village Government Authority, Village Capacity and Resources, Inter-Institutional Cooperation, Environmental Aspects, Financing, and Infrastructure Management. Inhibiting Factors in Clean Water Procurement in Lotas Village, Rinhat District, Malaka Regency include, Limited Water Sources, Unsupportive Natural Conditions, High Costs for Distribution, Lack of Adequate Infrastructure, Dependence on Alternative Water Sources, Limited Village Budget, Policies and Regulations that are not yet Supportive.
Analisis Yuridis Terhadap Faktor-Faktor Penyebab Terbitnya Sertifikat Ganda Berdasarkan Putusan Nomor 21/PDT.G/2021/PN LBJ Di Kelurahan Labuan Bajo, Kecamatan Komodo, Kabupaten Manggarai Barat Jemadut, Benedikta Renaastuti; Jacob, Yossie M Y; 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.v3i1.22260

Abstract

Land with many benefits often causes problems or disputes, this is inseparable from the existence of regulations governing land ownership and utilization and the things above it. This research is a normative research, focusing on the analysis of legislation and related legal concepts. The method used in this research is literature study, the sources of legal materials used are primary, secondary, and tertiary laws. The method used to analyze the data is descriptive analysis. The results of the study show that the factors causing the issuance of duplicate certificates based on decision number 21 Pdt.G 2021 PN Lbj are the BPN which did not make changes to changes in land data to match conditions in the field, PPAT who was not careful in digging up information related to the object of sale and purchase including not being careful in understanding the subject's ability in sale and purchase, The related parties who deliberately distorted the facts as if the land transferred to him or the sale and purchase in 1989 never happened or happened but was invalid. The judge's consideration in deciding the dispute is to declare the lawsuit inadmissible (niet ontvankekijke verklaard) because the lawsuit is vague (obscuur libel).
Kepastian Hukum Penerapan Pasal 12B Ayat (1) Undang–Undang Nomor 20 Tahun 2001 Tentang Gratifikasi Dalam Kasus Tindak Pidana Korupsi Di Pengadilan Negeri Klas 1 A Kupang Mo'a Belang, Ingrid Vianey Cendanawati; Manafe, Deddy R. CH.; Dima, Adrianus Djara
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.v3i1.22267

Abstract

Corruption is categorized as part of special criminal law, which means it has specific characteristics that distinguish it from general criminal law. Unlike ordinary crimes, corruption involves abuse of power, tends to be systemic, and often includes complex financial transactions. It is widely recognized as an extraordinary crime and is frequently referred to as a white-collar crime because it typically involves individuals in positions of authority or influence. Due to its hidden and sophisticated nature, corruption poses a serious threat to the functioning of government institutions, public trust, and legal order. For these reasons, extraordinary legal instruments are essential in addressing and eradicating corruption effectively. This study focuses on two primary legal issues: (1) How is the reverse burden of proof applied in gratification cases at the Class 1A Kupang District Court? and (2) How is legal certainty upheld in the application of Article 12B paragraph (2) in the trial of corruption cases? The research uses a normative juridical approach, employing both conceptual and statutory methods, with deductive and/or inductive reasoning to obtain objective legal understanding. The reverse burden of proof under the Corruption Crime Law is applied mainly to examine unexplained increases in a defendant’s assets. The prosecutor must first show irregularities in the defendant’s assets, but the defendant must prove their legality. The unclear formulation risks undermining the presumption of innocence, so the reverse burden of proof should be a special exception balancing both parties’ rights.
Efektivitas Pengawasan Bawaslu Kota Kupang Terhadap Praktik Politik Uang Dalam Pemilihan Umum Legislatif Tahun 2024 Faot, Kristin Valentin; Ratu Udju, Hernimus; Radji, Megi O
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.v3i1.22328

Abstract

The Election Supervisory Body (Bawaslu) is a body tasked with supervising the implementation of elections throughout the territory of the Republic of Indonesia. The number of Bawaslu members is 5 (five) people. One of the prevention and enforcement of violations supervised by Bawaslu is about money politics during the implementation of general elections. In the implementation of elections, money politics violations often occur, namely during the campaign period carried out by candidate candidates or campaign teams in order to gain votes and sympathy from the public. The type of research used in this study uses empirical legal research where this research method functions to see the law in a real sense and examine how the law works in the community. The results of the research and discussion refer to: (1) In the effectiveness of the supervision of the Kupang City Bawaslu against the practice of money politics in the 2024 legislative elections, it has been effective in this case, its supervision starts from prevention to action related to money politics issues. (2) The Kupang City Bawaslu faces obstacles in the form of weak resources and the public does not want to report money politics issues to the Bawaslu.

Page 14 of 14 | Total Record : 140

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