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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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Upaya Penyelesaian Pembunuhan Akibat Sengketa Tanah Ulayat Melalui Mekanisme Hukum Adat Di Wilayah Adonara Kabupaten Flores Timur Peran, Maria Penaten; Medan, Karolus Kopong; 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.v3i2.22409

Abstract

This empirical legal research analyzes the causes and solutions to murder cases that occurred due to customary land conflicts in Adonara, East Flores, focusing on the dispute between Lewobunga and Lewonara Villages (2012) that has its roots since the 1930s. The findings show that there are five main causes: (1) unclear land boundaries caused by natural markers (such as trees or stones) that are not permanent, (2) differences in historical stories regarding ownership between the two villages, (3) lack of recognition of property rights from other parties, (4) inherited grudges that ignore the customary principle of tubak Belo (a duel that determines truth according to the religious values ​​of Rera Wulan Tanah Ekan), and (5) low government involvement in mediation and boundary determination. Efforts to achieve resolution through customary law practices and the role of customary leaders as mediators are faced with various challenges: the community's belief that tubak Belo is a legitimate method, distrust of the formal legal system, and interference from outside parties. In conclusion, to achieve lasting peace, it is necessary to combine local wisdom (customs) with clear boundary enforcement by the government.
Pertanggungjawaban Rusia dan Ukraina terhadap Penyerangan Pembangkit Listrik Tenaga Nuklir (Nuclear Power Plant) Zaporizhzia selama Konflik Bersenjata dalam Perspektif Hukum Internasional Bele Bau, Barbara Britny; Tukan, Elisabeth N S B; A Bunga, Gerald
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.v3i2.22411

Abstract

The attacks on the Zaporizhzia Nuclear Power Plant during the conflict between Russia and Ukraine, bring the world closer to nuclear accident. Russia successfully took control of this nuclear power plant, resulting in ongoing attacks and military activities around the facility. Both Russia and Ukraine accuse each other and refuse to acknowledge the mastermind behind the attack on the ZNPP. The research problem in this study is what is the responsibility of Russia and Ukraine regarding the attack on the ZNPP. The purpose of this research is to exemine, analyze, explain, and determine the accountability that can be imposed on Russia and Ukraine for the attack on the ZNPP. This research is normative juridical study conducted on the General Library of Nusa Cendana University, Kupang. There are books of humanitarian and international accountability that the author obtained there, which serve as references during research. Based on research findings, it has been determined that the attack on the ZNPP is clear violation of international law, particularly the rules of war outlined in the 1949 Genewa Conventions and additional protocol I of the 1977 Genewa Conventions. As a result, international accountability can be pursued through the Responsibility of State for Internationally Wrongful Acts Convention 2001. It would be better for Rusia and Ukraine to comply with international regulations, so nuclear at the Zaporizhzia Nuclear Power Plant is maintained and to immediately fulfill the forms of international accountability in accordance with applicable regulations.
Harmonisasi Aturan WTO (World Trade Organization) Dengan Undang-Undang Nomor 3 Tahun 2020 tentang Pertambangan Mineral Dan Batu Bara Dalam Sengketa Ekspor Nikel: Studi Kasus Gugatan Uni Eropa Terhadap Indonesia Ismail, Zafierdia Aziza; Kase, Dhesy 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.v3i2.22415

Abstract

: Indonesia's ban on nickel ore exports since 2020 has triggered a dispute with the European Union at the WTO, as it was deemed to violate Article XI:1 of the GATT 1994, which prohibits quantitative export restrictions. Indonesia argued that the policy aimed to protect natural resources and promote downstream industrialization for the prosperity of its people, as mandated by Article 33 paragraph (3) of the 1945 Constitution. This dispute highlights the tension between national sovereignty over natural resource management and international obligations within the global trade system. The WTO Panel ruled that Indonesia’s policy was inconsistent with the GATT, sparking debate over the fairness and flexibility of WTO rules for developing countries. This study aims to analyze two main issues: (1) The harmonization of WTO rules with Law No. 3 of 2020 in the context of the EU’s complaint, and (2) The impact of the WTO’s decision on Indonesia’s nickel ore export ban policy. The research method used is normative legal research with a qualitative approach based on literature study. The findings indicate that the WTO’s decision in case DS592, which favored the European Union, could potentially undermine Indonesia’s downstream strategy. However, due to the dysfunction of the Appellate Body following a U.S. blockade, the appeal process has been delayed, allowing Indonesia to maintain its export policy for now. If Indonesia wins the appeal, Law No. 3 of 2020 and Minister of Energy and Mineral Resources Regulation No. 11 of 2019 can remain in force. If it loses, the policy must be adjusted to align with GATT 1994, possibly through a limited quota system, progressive export taxes, or downstreaming incentives. Harmonizing policies is crucial to balance national interests with international obligations and to enhance the effectiveness of industrial downstreaming through selective policies and strict supervision.
Analisis Yuridis Turut Serta Melakukan Perkosaan Dan Pembunuhan Berencana(Studi Putusan Nomor 3/Pid.B/2017/PN.Cbn) Moeda, Devny Melyanta Antoneta; Manafe, Deddy R. Ch.; 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.v3i2.22444

Abstract

Criminal acts committed together, such as ganging up, assault, rape, and premeditated murder, require separate proof of each element of the crime. Therefore, the author conducted this study with the following objectives: 1) To determine and analyze the judge's considerations regarding the criminal acts of participating in ganging up, assault, rape, and murder based on trial facts. 2) To determine and analyze the imposition of life imprisonment based on the purpose of sentencing. 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 indicate that the panel of judges has actively considered the involvement of the defendant by paying attention to the elements of the criminal acts of rape and premeditated murder which have been proven through witness statements, evidence, and the defendant's statement. Although the elements of the crime of assault and assault have not been proven, the imposition of a life sentence does not reflect a balance between each of the crimes that have been proven, so that the objectives of punishment, both as retribution, general deterrence, and social rehabilitation, are not fully achieved.
Fungsi Pemerintah Desa Nekbaun Kecamatan Amarasi Barat Kabupaten Kupang Dalam Meningkatkan Kesejahteraan Masyarakat Sonbai, Trivas Elisa; Stefanus, Kotan Y; Tuan, Yohanes
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.v3i2.22484

Abstract

This study aims to analyze how the Nekbaun village governmet,Amarasi west –district,Kupang district, functions to improve the welfare of the community. This research focusse on two main questions:(1) How is the function of the Village Government regulated in improving the welfare of the Village community? and (2) How does the implementation of functions and obstacles faced by the Village government in improving the welfare of the Nekbaun Village community?This research is normative juridical legal research. Based on the results of research conducted by the author, it is known that The functions of the village government are generally divided into 3, namely the regulatory function, service function and empowerment function. the Nekbaun Village government continues to optimize the welfare of the Nekbaun village community both in terms of infrastructure and superstructure to improve neglected public services. However, in carrying out the function of improving the welfare of the community, it is inseparable from factors that hinder the process of implementing these functions. The obstacles experienced are in the form of physical obstacles, socio-cultural obstacles, education levels, and economic obstacles. This is what shows that welfare is not evenly distributed in the Nekbaun Community area. Therefore, the village government needs to pay more serious attention to the Nekbaun Village community with existing programs and the government is also expected to broadcast every program that has been implemented so that the program is run on target. In addition, about the importance of supporting and participating in implementing government programs to improve community welfare.
Tanggung Jawab Pt Pegadaian Terhadap Nasabah Saat Barang Jaminan Di Lelang Menurut Kuhperdata (Studi Kasus Di Pt Pegadaian Namosain Kupang) Metha, Alfaradie Boleng; Usman, Siti Ramlah; Jacob, Yossie M Y
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.v3i2.22499

Abstract

This study examines the responsibility of PT Pegadaian towards customer collateral when an auction occurs according to the Civil Code at PT Pegadaian UPC (Branch Service Unit) Namosain, Alak District, Kupang City. This study uses an empirical legal research method with a statutory approach and a conceptual approach. Data were obtained through observation, interviews, and literature studies. The results of this study indicate that (1) the pawnshop is responsible for carrying out the auction starting from the maintenance and storage of collateral and notification to customers that their credit is due until the auction notification. In addition, the form of responsibility of the pawnshop parties will provide the remaining auction proceeds to customers at PT. Pegadaian UPC (Branch Service Unit) Namosain, namely by handing over the remaining auction money to customers directly. (2) the legal consequence is that customers will lose their rights to their goods, where the pawnshop has the right to conduct an auction to pay off unpaid loans and other administrative costs, but customers still have the right to receive the remaining auction proceeds if there is an excess. Therefore, it is important for customers to read and understand the pawn provisions so as not to suffer losses due to lack of information.
Analisi Yuridis Penerapan Asas Pemisahan Horisontal dan Pelekatan Vertikal Terhadap Peralihan Hak Atas Tanah Ditinjau dari Hukum Perdata Djerahu, Evodius Eron; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v3i2.22538

Abstract

The transfer of land rights in Indonesia is regulated by various legal principles which sometimes conflict, especially between the principle of horizontal separation and the principle of vertical attachment. This research aims to analyze the application of these two principles in the context of Indonesian civil and land law. The method used is a normative legal approach by analyzing statutory regulatory documents, court decisions and expert views. The research results show that the principle of horizontal separation, which divides rights to land and objects attached to it, is regulated in the Civil Code and the Basic Agrarian Law (UUPA). Meanwhile, the principle of vertical attachment, which views land and attached objects as one unit, is reflected in the Civil Code and several related laws and regulations. The application of these principles in the transfer of rights affects how buildings, plants and other objects attached to land are legally regulated. The principle of horizontal separation allows the transfer of land rights without having to transfer rights to the objects attached, while the principle of vertical attachment causes these objects to automatically transfer rights. This research concludes that Indonesian land law tends to adhere to the principle of horizontal separation, as reflected in the UUPA, which provides clear regulations regarding the legal relationship between land and the objects on it.
Analisis Kriminologis Terhadap Kasus Kawin Tangkap Pada Masyarakat Sumba Barat Daya (Studi Kasus di Polres Sumba Barat Daya) kalli, Cornelis Derry Wonderson; Medan, Karolus Kopong; Fallo, Debby F Ng
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.v3i2.22574

Abstract

Capture marriage is a form of marriage in which a woman is kidnapped or forcibly captured to be made a wife. The capture marriage tradition is one of the customary laws of the Sumba community, East Nusa Tenggara (NTT). The purpose of this study was to determine (1) the factors causing the occurrence of capture marriage cases in the Southwest Sumba community, and (2) efforts to resolve capture marriage cases in the Southwest Sumba community. This type of research is empirical legal research or empirical juridical legal research. This approach uses a qualitative approach, namely research that intends to understand the phenomenon of what is experienced by the research subject. The causal factors come from external factors, namely factors originating from outside the perpetrator and internal factors, namely those originating from within the perpetrator. Settlement efforts use two settlement efforts, namely penal efforts or settlement using criminal law and non-penal efforts or settlement efforts outside of criminal law.
Analisis Perlindungan Hukum Terhadap Debitur Dalam Transaksi Pinjaman Online Di Aplikasi Adakami Katoda, Rudyanto Benyamin Hendika; Mauritsius, Darius; Dinata, Husni Kusuma
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.v3i2.22577

Abstract

One of the innovations that emerged from this progress is the presence of online loan services. Effective and efficient online loan services provide convenience for people to access loan funds. The problem that often occurs is because high interest rates make it difficult for borrowers to pay off the debt, then get terror from debt collectors so that there are customers who prefer to end their lives. So the author conducted this study with the aim of: 1) To find out and analyze the legal protection provided to debtors in online loan transactions through the AdaKami application based on the laws and regulations in force in Indonesia. 2) To find out and analyze legal protection for debtors related to debt collection practices that carry out interest terror actions that are not in accordance with the contents of the agreement on the AdaKami application. This study uses a normative legal research type. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed descriptively analytically. The results of the study show the existence of regulations governing the legal protection provided to debtors in online loan transactions and the lack of legal protection for debtors related to debt collection practices that carry out interest terror actions that are not in accordance with the contents of the agreement on the service.
Kelalaian Penyelenggara Yang Mengakibatkan Kecelakaan Dalam Road Race (Balap Motor) Di Kota Atambua Kabupaten Belu Besi, Alexandro Mario Louise Saka; Manafe, Deddy R. CH.; 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.v3i2.22675

Abstract

This research investigates the negligence of organizers that resulted in accidents during road race (motorcycle racing) events in Atambua City, Belu Regency. The study was prompted by a fatal incident during a practice session, where inadequate technical inspection led a participant to lose control and crash into spectators, causing severe injuries and one fatality. The aim is to examine the forms of negligence committed by organizers and their legal implications. Employing a socio-legal research method with an empirical juridical approach, data were collected through interviews and direct observation at the incident site. The findings reveal that the negligence included poor supervision of vehicle conditions, non-compliance with safety standards, and weak coordination—actions considered to violate legal norms. Legal enforcement involves investigation, administrative sanctions by regulatory bodies such as the Indonesian Motor Association (IMI), and the potential for criminal liability under Article 359 of the Indonesian Criminal Code (KUHP), which addresses negligence causing death or serious injury.

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