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Gerald A Bunga
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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 166 Documents
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HUMANITARIAN INTERVENTION REVIEWES FROM THE UNITED NATIONS FRAMEWORK Bunga, Gerald A
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.v3i1.27472

Abstract

This paper aims to examine how the position of humanitarian intervention in international law, especially the United Nations Charter and how it is implemented in the international community. In order to understand this, this research begins by explaining the meaning of intervention, then continues with examining the position of humanitarian intervention in international law. In relation to the implementation of humanitarian intervention, this paper describes the conditions for carrying out humanitarian intervention within a State and how to regulate the use of armed force and the principle of non-intervention in the UN Charter. Based on these matters, it can be concluded that humanitarian intervention is the use of armed force with the aim of stopping gross violations of human rights or international humanitarian law that occur within the territory of a country. However, until now there is no international legal instrument that specifically and explicitly regulates this issue
Peran Dinas Kehutanan Dalam Menanggulangi Tindak Pidana Illegal Logging diKelurahan Umanen, Kecamatan Atambua Barat, Kabupaten Belu Sufani, Eduardus Franko; Amalo, Heryanto; Wilhelmus, Bhisa Vitus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22148

Abstract

The problem of illegal logging is actually a very complex matter, because it is not only related to the law enforcement or juridical aspects, but also related to economic, sociological and cultural aspects. This illegal logging practice is generally carried out by individuals who actually have official permits from the Indonesian government to carry out logging on land, such as holders of Forest Concession Rights (HPH) concession permits. The type of research in this study is empirical legal research. The types and sources of data used are primary data and secondary data. The role of the Forestry Service in overcoming illegal logging practices in the Umanen area, West Atambua District, Belu Regency is carried out with two handling approaches, namely the preventive approach, namely the approach to the community, empowering the community, and reforestation (replanting bare forests). The repressive approach, namely conducting operations, and imposing severe sanctions on those who violate. Obstacles in overcoming Illegal Logging include legal obstacles, geographical factors, lack of law enforcement facilities and infrastructure, weak coordination between law enforcers, and community human resource factors.
Pertimbangan Hakim Dalam Penjatuhan Putusan Terhadap Tindak Pidana Pencurian Oleh Anak Di Pengadilan Negeri Kelas I A Kupang Kalelena, Devid M.; Masu, Renny R; Sudiarta, Windasari Novelia
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22284

Abstract

Juvenile theft represents a pressing issue within the criminal justice system, requiring a distinctive approach that balances legal accountability with the imperative of child protection and rehabilitation. This study aims to examine and analyze the legal considerations employed by judges in rendering verdicts against children who commit theft, with a specific focus on a case adjudicated by the Class IA District Court of Kupang. Utilizing a normative juridical method, the research applies statutory and case-based approaches. Data were collected through literature review and the analysis of court decisions. The findings reveal that judicial considerations extend beyond the formal legal requirements outlined in Article 362 of the Indonesian Criminal Code. Judges also evaluate non-juridical aspects such as the child’s family background, age, education level, remorse, and recommendations from the Correctional Center (Balai Pemasyarakatan). The verdicts rendered prioritize rehabilitative and developmental outcomes over punitive measures, reflecting a restorative justice model. This approach aligns with the best interest of the child principle, as mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System. The study underscores the importance of a child-centered legal response that not only addresses criminal accountability but also fosters reintegration and future development. It calls for consistent application of rehabilitative justice in juvenile cases to ensure both legal certainty and humane treatment of child offenders.
Analisis Hukum Analisis Hukum Acara Pidana Terhadap Tanggung Jawab Penyidik Kepolisian Dalam Pengelolaan Barang Bukti (Studi kasus di POLRESTA Kupang Kota) Riwu, Tirthon Djami; Masu, Renny R; Resopijani, A
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22285

Abstract

The management of evidence is a crucial aspect within the criminal procedural law system, ensuring the legality and continuity of judicial processes. This study examines the implementation of evidence management at the Kupang City Police Resort (Polresta Kupang Kota) in accordance with the Indonesian Criminal Procedure Code (KUHAP) and relevant regulations, while analyzing the responsibilities of investigators in handling such evidence. Employing a juridical empirical methodology, the research integrates normative legal analysis with empirical data collection through interviews and document review. Findings indicate that evidence management at Polresta Kupang Kota encounters significant challenges, including limited storage facilities, inadequate maintenance budgets, and predominantly manual administrative processes. The absence of a dedicated Standard Operating Procedure (SOP) for evidence management leads to inconsistent practices, potentially undermining the accountability and integrity of the evidence. Moreover, delays in administrative approvals, particularly for the destruction of perishable evidence, pose risks to evidentiary value and public safety.Consequently, the study recommends developing comprehensive SOPs, implementing digital record-keeping systems, and strengthening internal and external oversight mechanisms. These measures aim to enhance the efficiency, transparency, and legal compliance of evidence management processes, thereby safeguarding the rights of involved parties and upholding the rule of law within the criminal justice system.
Tinjuan Yuridis Terhadap Tindak Pidana Perdagangan Orang (Studi Kasus Putusan Nomor 178/Pid.Sus/2021/PN KPG) Bara, George Aldystra; Wilhemus, Bhisa Vitus; Djara Dima, Adrianus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22311

Abstract

This research analyzes the juridical review of the crime of human trafficking, using the court decision Number 178/Pid.Sus/2021/PN KPG as a case study. The study focuses on two main aspects: (1) how criminal sanctions are applied to perpetrators of human trafficking, and (2) how the panel of judges considers legal reasoning in sentencing the perpetrator in this case. This research employs a normative-empirical juridical method. The data used are secondary data obtained through literature studies on relevant laws and court decisions.The findings show that the judge chose the third indictment to be applied to the defendant, which refers to Article 6 of Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking. The defendant was proven to have fulfilled all the elements of the crime. In their consideration, the panel of judges sentenced the defendant to five (5) years of imprisonment and ordered restitution of Rp500,000. However, the verdict reveals a discrepancy with Article 6 of Law Number 21 of 2007, which stipulates that imprisonment and fines are cumulative. In this case, the judge imposed only imprisonment without any fine. Therefore, in issuing a verdict, the panel of judges must thoroughly consider all aspects to avoid potential errors that could lead to injustice.
Tanggungjawab Pemilik Hewan Peliharaan Bagi Korban Gigitan Anjing Rabies Di Tinjau Dari Kuhperdata Di Kabupaten Belu Asa, Febrini Welhelmina; Mauritsius, Darius; Pello, Helsina F
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22336

Abstract

The implementation of the legal responsibility of animal owners towards victims of rabies dog bites in Belu Regency is de jure regulated by Articles 1365 and 1368 of the Civil Code. However, de facto, this system experiences systemic dysfunction due to various structural and socio-cultural obstacles: (1) Internal factors of animal owners—as seen from the low level of education among owners (50% only have elementary/junior high school education) related to a lack of knowledge about the law (66.7% do not understand legal obligations), an indifferent attitude (“bites are not considered a serious problem”), and negligence in supervision (dogs are allowed to roam without vaccination); (2) External factors—consisting of difficulties in proving animal ownership (lack of dog identification), minimal access for victims to reach legal mechanisms (66.7% of victims do not know the reporting procedure), and weak supervision from the government (incomplete socialization, lack of firm sanctions); (3) Systemic impact—only 33.3% of victims received accountability (customary treatment/mediation costs), but 50% of animal owners refused to accept responsibility, leaving victims trapped in a justice vacuum that worsens the potential for a rabies outbreak. Sustainable solutions are needed through multidimensional interventions: application of administrative sanctions, legal education based on culture, and cooperation between agencies (Livestock Service, Health Service, and Police). Without this synergy, victims will remain the most disadvantaged party in a legal system that is not yet functioning optimally.
Tantangan dan Hambatan Lembaga Perlindungan Saksi dan Korban (LPSK) Dalam Melaksanakan Tugasnya Di Kota Kupang Laack, Maria Johania Novianti; Amalo, Heryanto; Sonbait, Sigit Prabowo
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22351

Abstract

The Witness and Victim Protection Agency (LPSK) has a role in the criminal justice system, especially in providing protection and assistance to witnesses and victims. This study aims to identify the challenges and obstacles faced by witness and victim protection institutions in carrying out their duties and to determine the efforts of witness and victim protection insititutions in overcoming the challenges and obstacles in carrying out their duties.The approach method used in this study is descriptive research with an indepth interview method with representatives of the Witness and Victim Protection Agency (LPSK) in Kupang City. This study explores various aspects that influence the effectiveness of the performance of the Witness and Victim Protection Agency (LPSK). The results of the study indicate that the main challengs faced by the Witness and Victim Protection Agency (LPSK) include limited budget or funds from the Witness and Victim Protection Agency (LPSK) available so that it affects professionsls in carrying out their duties and in handing cases there is a lack of personnel or Human Resources (HARI). The challenges and obstactels faced by the Witness and Victim Protection Agency (LPSK) in carrying out its duties in Kupang City indicate the need to actively increase publik awareness in supporting the protection of witnesses and victims, increase socialization and public understanding of the role and function of the witnesses and Victim Protection Agency (LPSK) and resources to optimize protection and recovery for witnesses and victims of criminal acts in the area.
Proses Penyelesaian Kenetu Bewoten Terhadap Pihak-Pihak Yang Bersengketa Menurut Adat Lamaholot Adonara Flores Timur Raya, Rahmat Lebu; Asa, Simplexius; Lewokeda, Kornelia Melansari
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22369

Abstract

Dispute resolution is not solely conducted through the state's formal legal channels, but is more often settled through customary mechanisms that prioritize family values and social balance. This study aims to understand and analyze the dispute resolution process according to Lamaholot customary law, the role of traditional leaders in resolving disputes, as well as the relevance and effectiveness of such customary law in the context of modern society. This research employs a qualitative method with a juridical-sociological approach. Data were obtained through literature review, in-depth interviews with traditional leaders and local community members, as well as direct observation of customary dispute resolution practices in accordance with Lamaholot traditions. The findings reveal that dispute resolution under Lamaholot customary law involves stages such as family deliberations, customary meetings, and ultimately, traditional peace rituals. The process is aimed at restoring social harmony and preserving the dignity of the disputing parties. It not only resolves the issues materially, but also addresses them morally and spiritually. The study concludes that Lamaholot customary law still holds strong normative authority and can coexist with the national legal system in resolving disputes. This customary law reflects local wisdom that must be preserved, maintained, and integrated into the development of an inclusive national legal system rooted in the cultural values of the community.
Pertanggung Jawaban Pidana Perkosaan Ayah Terhadap Anak Kandung Di Pengadilan Negeri Kelas 1 Kupang (Putusan Nomor 113/PID.SUS/2021/ PN KPG ) Amaina, Fransiskus Varan; Manuain, Orpa G.; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22379

Abstract

Criminal liability for the perpetrator of the crime of rape committed by a father against his biological child is determined based on the fulfillment of the elements of actus reus (act) and mens rea (evil intent). Therefore, the author conducted this study with the following objectives: 1) To find out and analyze the punishment of the father as the perpetrator of the crime of rape against his biological child based on Decision Number 113/Pid.Sus/2021/PN Kpg. 2) To find out and analyze the Judge's Decision Number 113/Pid.Sus/2021/PN Kpg in providing justice to the victim. This study uses a normative legal research type by examining laws and court decisions. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed descriptively qualitatively. The results of the study show that although the perpetrator was legally proven to have committed the crime of rape against his child, the panel of judges did not impose an additional sentence of one third of the main sentence which should have increased the sentence because the perpetrator was the biological father of the victim's child. In fact, the actus reus element has been fulfilled through the crime of rape committed by force, and mens rea has also been seen from the perpetrator's intention and knowledge of the victim's status as his biological child. The absence of an additional one-third sentence reflects that justice for child victims has not been fully fulfilled in providing protection for child victims.
Akibat Hukum Atas Kelalaian Tenaga Kesehatan Dalam Memberikan Obat Kadaluarwarsa Di Kota Kupang Modok, Inggrid; Jacob, Yossie M Y; Pello, Helsina F
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22388

Abstract

Health law is needed to regulate health problems in order to create order in life, health law is all legal rules directly related to health maintenance and the application of rules and regulations in civil law instruments, criminal law, as long as these rules regulate legal relations in health care. There are still many problems related to health in Indonesia, one of which is health workers who give the wrong medicine to patients. Based on the above explanation, the author researched with the aim of (a) To find out the legal consequences of negligence of health workers in administering expired drugs b) To find out the imposition of legal sanctions from the Health Service to health workers who provide expired drugs in Kupang City.The research method used in this study is empirical juridical. In terms of this research, it is carried. The imposition of sanctions from the Health Office on health workers who provide expired drugs, sanctions applied to health workers or pharmacists who make mistakes or negligence in administering drugs so that patients or in this case consumers suffer material, physical losses and even death, then the sanctions that can be given are administrative sanctions in the form of reprimands until the freezing of health workers' permits then civil sanctions in the form of replacements losses in terms of unlawful acts and defaults, even criminal sanctions in the form of physical punishment, namely imprisonment for a certain period of time.

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