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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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Tinjauan Yuridis Penerapan Pasal 22 Undang-undang Tindak Pidana Korupsi Atas Dugaan Memberikan Keterangan Tidak Benar Dalam Sidang Praperadilan (Studi Kasus Putusan No. 30/pid.sus-tpk/2021/pn.kupang) Matutina, Cicilia Adityani; Wilhelmus, Bhisa V; Amalo, Heryanto
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13686

Abstract

This research aims to find out whether giving false information in a pre-trial hearing is a violation of 22 of the Corruption Crime Law and giving false information in a pre-trial hearing without a judge's determination and an official report on suspicion of giving false information. To answer the objectives of this research, we use normative research methods or library legal research, namely the methods or methods used in legal research which are carried out by examining existing library materials. The results of this research show that the witness did not violate Article 22 of the Corruption Crime Law regarding false testimony before the trial because there was no valid evidence to ensnare the witness in the trial which was proven, where in this case the prosecutor accused the witness before the trial with false testimony without showing valid evidence in the trial and also the detention of Ali Antonius SH, MH was considered wrong because Ali Antonius exercised his rights as an advocate which is regulated in article 1 point 1 of Law number 18 of 2003 concerning Advocates which was strengthened by a court decision where Ali Antonius SH, MH, Harum Fransiskus, Zulkarnain Djudje were declared free. The allegation of providing false information in a pretrial hearing in this case must go through a trial procedure where the process must go through a judge's determination and a report on the alleged giving of false information because the prosecutor carried out the detention without procedures in the pretrial and did not go through the professional code of ethics for advocates.
PERMOHONAN PENGANGKATAN ANAK DI PENGADILAN NEGERI BAJAWA PADA 04 JANUARI 2021 (STUDI KASUS PERKARA PERDATA: 1/Pdt. P/2021/PN BAJAWA) liu, mario delourdez; Hedewata, Agustinus; Jacob, Yossie
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13691

Abstract

Adoption is a legal act that transfers a child from the sphere of power of parents, legal guardians or other persons responsible for the care, education and upbringing of the child into the family environment of the adoptive parents. The formulation of this problem is: (1) What is the process of adoption of children in the Bajawa District Court, (2) What are the obstacles in the process of adopting children in the Bajawa District Court, (3) How is the judge's consideration in determining the adoption of children based on civil case studies: 1/Pdt.P/ 2021/ PN Bajawa, This research uses empirical juridical method, namely research whose data is obtained directly from the research location From the results of the research found, the process of adoption of children, the applicant or candidate has taken care of the administration for registration of the child adoption application plan at the Bajawa District Court.The results of this study show: (1) The process of adoption of children in the Bajawa District Court The applicant must prepare the requirements in the law such as KTP, KK, Child birth certificate, husband and wife marriage certificate, recommendation letter, salary slip, so that it can be the basis for being able to raise a child, and there must be a letter of permission from the local government, (2) Obstacles in the process of adoption of children in the Bajawa District Court are: (a) The lack of information from the public regarding the procedural procedure or submission of an application for Adoption of Children, (b) The lack of public knowledge means that the applicant uses the services of an advocate as a legal representative, (c) Incomplete evidence and if the formal examination is not completed it becomes an obstacle in the judge's consideration. Keywords: Children, Child Adoption
FAKTOR FAKTOR PENYEBAB DAN UPAYA PENANGGULANGAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN AYAH TERHADAP ANAK KANDUNG DI KOTA RUTENG KABUPATEN MANGGARAI Jehalut, Yulius Jesaldi; kadja, Thelma; Fallo, Debi
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13695

Abstract

: Indonesia is a country that makes Pancasila a fundamental norm that upholds dignified human values, guarantees the creation of just and civilized human values. Pancasila is the basic instrument to avoid conflicts with the human rights of every citizen. The main problems in this thesis are: (1) What factors cause a biological father to have sexual intercourse with his own child? (2) What are the efforts to deal with this case? This research is empirical legal research carried out in Manggarai Regency. Data collection techniques use interview techniques and document study. The data used is primary data and secondary data. This research was conducted in the jurisdiction of the Manggarai District Prosecutor's Office. The results of data processing were analyzed descriptively qualitatively. The results of this research show: (1) The causal factors come from two sources, namely internal factors and external factors. (2) Countermeasures include pre-emptive efforts, preventive efforts and repressive efforts.
Tinjauan Kriminologis Terhadap (Residive) Pengulangan Pencurian di Kelurahan Fatululi, Kecamatan Oebobo, Kota Kupang. Hutama, Galih Sunarya Putra; Leo, Rudepel Petrus; Kian, Darius Antonius
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13729

Abstract

Currently, various types of crimes can occur. One type of crime that often occurs and is very disturbing in the community is the act of theft of gold necklace jambret occurs in big cities, including the city of Kupang. The crime of stealing a gold necklace jambret harms many people. Because the price is unbelievably cheap. People use gold usually for investment or storage of valuables in their old age when they no longer have savings for daily life needs. The locations that are usually targeted by burglars are very diverse, in residential areas, parking lots, public or special parking lots in schools, campuses, government agency offices, crowded markets, etc. From the description above, the main problem is as follows: (1) What is the factor that causes the repetition of the crime of theft (recidivism) in Fatululi Village, Oebobo District, Kupang City? (2) What are the efforts to combat the repetition of the crime of theft (recidivism) in Fatululi Village, Oebobo District, Kupang City? The purpose of this research is to find out the criminological review of (recidivism) theft in Fatululi Village, Oebobo District, Kupang City. that is: Usually the cause of the occurrence (Recidivism) is a factor that is related to each other such as education, environment, economy, and low criminal sanctions. (2) Efforts to Combat Repeated Theft Crimes (Recidivism) in Fatululi Village, Oebobo Subdistrict, Kupang City are: (a) Preemptive efforts are to prevent crimes from happening for the first time. (b) Preventive efforts. In this effort, by doing legal counseling and giving lessons about legal arrangements to families and the community. (c) Repressive efforts. In this effort, legal actions are carried out in the form of arrests and detentions carried out by law enforcers such as the police, prosecutors and courts.
Kedudukan Tokoh Adat Mosalaki Dalam Penyelesaian Perkawinan paru ndu (lari ikut) Pada Masyarakat Lio Mego Di Desa Koro Bhera Kecamatan Mego Kabupaten Sikka Dakosta, Krisfal Dian Bin Boy; Hedewata, Agustinus; Dinata, Husni Kusuma
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13730

Abstract

This research is motivated by the findings of researchers in Koro Bhera Village that there is still a lot of practice of Paru ndu or running along with young couples who want to get married, but do not get the blessing of the woman's family due to several factors and choose to marry in the Paru ndu or running way. follow. The aim of this research is to find out the factors that cause Paru ndu (running along) marriages, what is the role of Mosalaki in the process of resolving Paru ndu marriages, and what are the legal consequences of carrying out Paru ndu (running along) marriages. The method used in this research is qualitative research, while using an empirical juridical approach. The data collection techniques used were interviews, observation and documentation. The theory used to analyze is the definition of the traditional figure Mosalaki Lio Mego, the definition of marriage according to Law No. 1 of 1974, marriage according to customary law, lung ndu marriage (running along). Based on the results of research conducted by researchers, there are several factors that cause people to do Paru ndu (running along), namely, the factor of not getting parental approval, the financing factor, and the pregnancy factor. The position of Mosalaki Traditional Leader Lio Mego is as a mediator. Mosalaki helped mediate between the two parties, providing views and advice, and pushing for a peace agreement. However, if the marriage is agreed to without objection from both parties, Mosalaki's role becomes less significant, and settlement will be carried out within each family. The legal consequence of a Paru ndu (running along) marriage is that there is scorn and social stigma towards couples who enter into a lung ndu marriage. This social ridicule and stigma can cause psychological and emotional pressure on the couple, and can complicate their adjustment process in the social environment.
Tinjauan Kriminologis Terhadap Tindakan Penikaman Yang Terjadi Di Kelurahan Fatululi Kecamatan Oebobo Kota Kupang BEDA PAUKUMA, ZAINUDDIN MUHAMMAD ZIDANE; Kadja, Thelma S.M; Kian, Darius A.
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13731

Abstract

Stabbing is a criminal act that wants to eliminate someone's life, currently there are many stabbing cases in various regions of Indonesia. The occurrence of stabbings in Indonesia varies greatly, this is influenced by the moral decline of this nation. In 2021 there was a case with case number 115/Pid.B/2021/PN Kpg of persecution on Sunday, April 25th in Kupang City, an act of stabbing was committed by Melkianus saku (MS) aged 43 years to Theodorus suni (TS) aged 40 years. The main problems in this thesis are: (1) What are the factors that cause the occurrence of acts of stabbing that occurred in Fatululi Village, Oebobo District, Kupang City? (2) What are the countermeasures against acts of stabbing that occurred in Fatululi Village, Oebobo District, Kupang City? This research is an empirical legal research conducted in Kupang. Data collection techniques using interview techniques and library research and field research. The data used are primary and secondary data. This research was conducted at the Kupang City Resort Police. The results of data processing were analyzed descriptively qualitative. Based on the results of research and discussion, it can be seen: (1) the factors that cause the stabbing that occurred in Fatululi Village, Oebobo District, Kupang City are internal factors. (2) Countermeasures against acts of stabbing that occurred in Fatululi Village, Oebobo District, Kupang City are pre-emtif efforts, preventive efforts and repressive efforts.
Tinjauan Kriminologis Tindak Pidana Penganiayaan Berat Terhadap Karyawati Kalbe Farma Di Kota Kupang kalelena, franklin yulius davidson; Manafe, Deddy R. CH; Dima, Adrianus Djara
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13732

Abstract

According to the 1945 Constitution of the Republic of Indonesia, Amendment IV Article 1 paragraph (3) which reads "The Indonesian State is a state of law", which means that the Indonesian State is based on law (Rechtstaat), not based on mere power (Machstaat). The main problems in this thesis are: (1) What are the factors causing the crime of serious abuse of Kalbe Farma employees in Kupang City? (2) What are the countermeasures carried out by the police in Kupang City? This research is empirical legal research carried out in Kupang City. Data collection techniques use interview techniques and document study. The data used are primary and secondary data. This research was conducted at the Kelapa Lima Kupang Police Sector. The results of data processing were analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen: (1) the factors causing the crime of serious abuse of Kalbe Farma employees, namely misunderstanding factors, excessive alcohol consumption factors and environmental factors. (2) the response efforts carried out by the police are preventive efforts. Police efforts in providing legal education to raise public awareness in order to prevent criminal acts from occurring. Repressive efforts. Efforts made when a criminal act has occurred in the nature of taking action against the perpetrator of the crime.
Tinjauan Kriminologi Terhadap Tindak Pidana Persetubuhan Oleh Ayah Tiri Terhadap Anak Korban Di Wilayah Hukum Kepolisian Resor Kupang Kota Alzuhri, Firda Khairinisa; Manuain, Orpa G; Kian, Darius A
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13735

Abstract

Indonesia is a state based on law, which means that all actions and patterns of behavior of every citizen must be in accordance with the norms and provisions regulated by the state. One form of crime that is very detrimental and disturbing to society is the crime of sexual intercourse of child victims. In the last 4 years there have been 17 cases of criminal acts of child victimization committed by the closest person in the jurisdiction of the Kupang City Resort Police and among them were committed by stepfathers. The main problems in this thesis are: (1) What are the factors causing the criminal offense of intercourse by stepfather against children in the jurisdiction of Kupang City Police Resort? (2) How are the efforts to overcome the criminal offense of intercourse by stepfather against children in the jurisdiction of Kupang City Police Resort? This research is a study that uses criminological studies that discuss the science that studies the causes of crime, the concepts used to explain why crime occurs. (1) the factors causing the crime of intercourse by stepfather against children are external factors and internal factors. (2) efforts to overcome the criminal offense of intercourse by stepfather against children are pre-emtif efforts, preventive efforts and repressive efforts. Based on the results of this study, it can be seen: the factors causing the crime of sexual intercourse by a stepfather against a child victim with Decision No. 200/Pid.Sus/2021PN kpg in 2021 are the psychological condition of the perpetrator who cannot control his sexual appetite properly and the condition of the perpetrator's biological needs for sex that are not fulfilled. Misuse of technology, the environment and alcoholic beverages, Countermeasures carried out by the Police in overcoming cases of criminal acts of intercourse committed by stepfathers against child victims include Pre-emtif efforts are carried out by the community development function (Binmas), Preventive efforts: to reduce the risks and push factors for the criminal act of intercourse, , Repressive efforts are the actions of law enforcement officials that are carried out actively so that the crimes that are occurring can be followed up by the authorities with strict law enforcement for the perpetrators.
Tinjauan Kriminologis Terhadap Residivis Pencurian Sepeda Motor (Studi Kasus Di Wilayah Hukum Kepolisan Resor Kupang Kota) Setiawan, Galang Aditya; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13736

Abstract

Perkembangan zaman mempengaruhi kehidupan dalam bermasyarakat yang ditandai dengan meningkatnya kejahatan di masyarakat. Ada pelaku kejahatan yang mengulangi kejahatan setelah pelaku bebas dari masa hukuman pidananya atau dikenal residivis. Jurnal ini membahas tentang: 1) Apakah faktor penyebab residivis pencurian sepeda motor di wilayah hukum Kepolisian Resor Kupang Kota? 2) Bagaimanakah modus operandi residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota Kota? 3) Bagaimanakah upaya penanggulangan terhadap residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota?. Metode penelitian yang digunakan yaitu Penelitian hukum empiris dimana mengkaji hukum yang dikonsepkan sebagai prilaku nyata, sebagai gejala sosial yang sifatnya tidak tertulis, yang dialami setiap orang dalam kehidupan bermasyarakat. Hasil penelitian faktor penyebab terjadinya residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota yaitu: a) Faktor Pendapatan/Penghasilan, b) Faktor Lokasi Penyimpanan Sepeda Motor, c) Faktor Kelalaian Korban. Modus operandi residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota yaitu berupa: a) Menggunakan Kunci T, b) Mendorong Sepeda Motor dan Disembunyikan di Tempat Lain. Upaya penanggulangan terhadap residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota yaitu berupa: a) Upaya Pre emtif, b) Upaya Preventif, c) Upaya Represif
Implementasi Peraturan Menteri Dalam Negeri Nomor 45 Tahun 2016 Tentang Pedoman Penetapan Dan Penegasan Batas Desa Di Desa Wolonterang, Kecamatan Doreng, Kabupaten Sikka icayanti, novita; Asnawi, Norani; Nuban, Detji K.E.R
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13739

Abstract

This article discusses guidelines for determining and enforcing village boundaries in Wolonterang Village, Doreng District, Sikka Regency. This research was carried out with the aim of finding out the implementation of the provisions of Article 10 and Article 15 as well as what factors hinder the implementation of Article 10 and Article 15 of Minister of Home Affairs Regulation Number 45 of 2016 in Wolonterang Village. The type of research used is empirical research, namely research carried out through field research. by conducting interviews The results of the research show (1) the implementation of the provisions of Article 10 and Article 15 of Permendagri Number 45 of 2016, namely: the determination and confirmation of village boundaries in Wolonterang Village is not in accordance with Minister of Home Affairs Regulation Number 45 of 2016 concerning Guidelines for Determination and Confirmation of Village Boundaries, (2 ) factors that hinder the implementation of Article 10 and Article 15 of Minister of Home Affairs Regulation Number 45 of 2016, namely internal factors, communication factors, human resource factors, external factors, knowledge factors, means and facilities factors

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