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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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Pelaksaan Perjanjian Jual-Beli Sepeda Motor Yang Masih Terikat Perjanjian Sewa-Beli Pada Perusahan Pembiayaan Ditinjau Dari Kitab Undang-Undang Hukum Perdata Andri, Efanrianus; Usman, Siti Ramlah; Jacob, Yossie M Y
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15912

Abstract

The increasing prevalence of consumerist culture stimulates public interest in consumer financing, particularly in the purchase of motorcycles through credit systems. Non-bank financing institutions have become the primary choice due to their streamlined processes. The issues examined are: (1) How is the implementation of motorcycle lease-purchase agreements at consumer financing companies viewed in light of the civil code, (2) What are the legal consequences of motorcycle sales still bound by lease-purchase agreements at consumer financing companies according to the civil code. This research is normative legal research, utilizing theoretical foundations and legal materials consisting of primary, secondary, and tertiary legal materials, analyzed descriptively qualitatively. The research findings indicate: (1) The implementation of Motorcycle Lease-Purchase Agreements at Consumer Financing Companies, as Reviewed Under the Civil Code, employs the principle of contractual freedom, particularly through standard agreements, which are unnamed contracts stemming from the principle of contractual freedom. Article 1338 of the Civil Code stipulates that all agreements made apply as law to those who make them. (2) The Legal Ramifications of Selling Motorcycles Still Bound by Lease-Purchase Agreements at Consumer Financing Companies (Creditors), as Reviewed Under the Civil Code, entail such actions being deemed unilateral legal actions by consumer financing companies, thereby regarding the first party as still bound by the consumer financing agreement. This transfer contravenes Law Number 42 of 1999 concerning Fiduciary Guarantees, granting the financing company the right to undertake fiduciary execution measures, namely repossession of the motorcycle.
Tinjauan Yuridis Pelaksanaan Perjanjian Penitipan Anak Di Panti Asuhan Kristen Gmit 221 Kupang Adoe, Diego Marco; Hedewata, Agustinus; Dinata, Husni Kusuma
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15943

Abstract

The rights and obligations that must be carried out by the parties in carrying out child care at the GMIT 221 Christian orphanage in Kupang. The parents have the right to be guaranteed that the child will be cared for and maintained properly and lovingly and are obliged to fulfill the requirements for registration and submission of children to the GMIT 221 Kupang Christian Orphanage and are ready to accept the child back when the child care by the orphanage has ended, or the child care is terminated by the orphanage. The main problems in this thesis are: (1) How is the implementation of the child care agreement carried out at the GMIT 221 Kupang Christian Orphanage? (2) What are the rights and obligations of each party that must be bound in the care agreement at the GMIT 221 Kupang Christian Orphanage? The conclusions of this research are: (1) the implementation of the child care agreement is carried out with the introduction stage and continued with the agreement implementation stage. (2) The rights and obligations of the parties to the child care agreement must be cooperative and committed to the agreement that has been made. Based on this research, the researcher suggests that orphanages should expand relationships with outside parties so that orphanages can more easily get help both in labor and material and orphanages should pay more attention to the rights and obligations of children who will be entrusted or submitted to orphanages.
Tinjauan Kriminologis Terhadap Penimbunan Bahan Bakar Minyak Bersubsidi Jenis Solar Dan Pertalite Di Kabupaten Belu Ha'e, Dio Rysardo; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15955

Abstract

llegal fuel misuse (without a license) is the activity of processing, buying, moving and/or storing fuel oil by buying fuel oil when the fuel oil is still in normal condition. The fuel oil is traded back at an increased price from the normal price.The formulation of this research problem is: (1) What are the factors that cause hoarding of subsidized diesel fuel and pertalite in Belu Regency? (2) What is the modus operandi of hoarding subsidized diesel fuel and pertalite that occurs in Belu Regency? (3) What are the efforts to overcome cases of hoarding of subsidized diesel fuel and pertalite that occur in Belu Regency? This research is empirical juridical research, namely research conducted in the field to find data and information related to the problem: (1) To determine and analyze the factors that cause hoarding of subsidized diesel fuel and pertalite in Belu district. (2) To determine and analyze the modus operandi of hoarding subsidized diesel fuel and pertalite that occurs in Belu Regency. (3) To determine and analyze efforts to overcome cases of hoarding of subsidized diesel fuel and pertalite that occurred in Belu Regency. The results of the analysis obtained in this study are: (1) There are two main factors that cause the hoarding of subsidized fuel oil in Belu Regency, namely internal factors and external factors. Internal factors are the intention of the perpetrator, economic factors and moral and educational factors. External factors such as the ease of obtaining subsidized fuel oil and lack of supervision of illegal fuel.
Analisis Kriminologis Terhadap Transaksi Jual Beli Secara Ilegal Minuman Keras Di Amarasi Selatan, Kabupaten Kupang Mahmud, Faishol Reza; Wilhelmus, Bhisa Vitus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15978

Abstract

The flow of liquor proper now's quite huge due to the fact almost in each location in the jurisdiction of Indonesia there are many places that sell alcoholic drinks. this could be visible via the developing sort of places that offer, and distribute alcoholic drinks on an commercial / manufacturing facility and domestic scale. this may be visible with the aid of way of the developing quantity of places that offer, and distribute alcoholic drinks on an commercial / factory and home scale. Transactions of buying and selling alcoholic drinks that arise, are achieved freely with out regard to the risks and facet results induced. Poorly considered and accurate thresholds for alcohol use, are very unstable to eat. With the method of the trouble of this studies is: (1) what is the modus operandi of liquor buying and promoting transactions that arise in South Amarasi, Kupang Regency? (2) what's the effect of liquor purchasing for and selling transactions on the level of crime and offences devoted in South Amarasi, Kupang Regency? This studies is an empirical juridical studies approach, particularly prison research at the enactment or implementation of normative criminal provisions in motion on positive felony events that arise in society. The effects of this have a take a look at display: (1) To apprehend and deliver an reason for the modus operandi of buying and promoting alcoholic liquor transactions in South Amarasi, Kupang Regency. (2) To determine and provide an explanation for the impact of liquor looking for
Tinjauan Yuridis Terhadap Ketidakstabilan Harga Beras Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Angkak, Andreas Anandri Bagus; Mauritsius, Darius; Jacob, Yossie M Y
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15994

Abstract

This research aims to find out legal protection for consumers as well as the inhibiting factors in efforts to stabilize rice prices in terms of Law Number 8 of 1999 concerning Consumer Protection. The research method used in this research is Normative Juridical, meaning research conducted to analyze data in literature using currently applicable legal regulations. The legal sources and materials used are primary, secondary and tertiary legal materials. The research results show that the price of rice has experienced significant price fluctuations in recent years, this is due to factors such as decreasing rice production but increasing demand for rice. So the government is making every effort to overcome this problem in order to protect the public, especially consumers who have difficulty getting or buying rice at quite high prices. There are two ways of protection carried out by the government, namely preventive and repressive protection.
Perlindungan Hukum Dalam Kasus Anak Korban Kekerasan Seksual Oleh Ayah Kandung Di Wilayah Hukum Kepolisian Resort Kupang Kota Bengngu, Marrya Martha; Manuain, Orpa G; Leo, Rudepel Petrus
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16009

Abstract

Children are a mandate from God whose human rights are regulated in the Constitution of the Republic of Indonesia Year 1945. This needs special attention from all circles, especially law enforcement. The formulation of this research problem is: (1). How are leegal proteection eforts for cases of child victims of sexual intercourse by biological father perpetators at the Kupang City Resort Police. (2). What are the obstacles faced by law enforcement officials in providing legal protection to child victims of sexual intercourse by biological father perpetrators at the Kupang City Resort Police. This research is an empirical legal research, with data collection techniques through interviews with 2 information respondents. The types of data used are primary and secondary data using collection techniques are interviews and literature studies that are processed and analyzed descriptively quantitatively. The results showed: (1). Legal protection efforts against cases of child victims of sexual intercourse by perpetrators of biological fathers at the Kupang City Resort Police are preventive protection efforts and repressive protection efforts. (2). The obstacles faced by law enforcement officials in providing legal protection to children with sexual intercourse by perpetrators of biological fathers in the Kupang City Resort Police are caused by infrastructure and community factors. The conclusion of this study is that legal protection efforts against cases of sexual intercourse by perpetrators of biological fathers in the Kupang City Resort Police have been running both Preventive and Repressive efforts, but there are still two obstacles to facilties and infrastructure and the community.
Faktor Penyebab Dan Upaya Penanggulangan Kekerasan Yang Dilakukan Oleh Prajurit Tentara Nasional Indonesia Angkatan Darat Kodim 1603 Sikka Durang, Agustina; Medan, Karolus Kopong
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16144

Abstract

Criminal acts develop ini various types, among which are violence or persecution. Apart from the types as fo the perpetrator, it is not only a civilian but can be done by the Indonesian National Army. In this study, the main issue are: (1) What are the factors that cause Army soldiers of Kodim 1603 Sikka to commit violence? (2) what efforts can be made by law enforcement to overcome violence committed by Army Soldiers of Kodim 1603 Sikka? The purpose of this study is to find out and explain the factors that cause violence committed by soldiers of Army Kodim 1603 Sikka and to know and explain the efforts that law enforcement can make to overcome violence committed by Army Soldiers Of Kodim 1603 Sikka. This type of of research is empirical juridical by looking directly at the field. The result showed that: (1) factors causing soldiers Kodim 1603 Sikka to commit violence, namely Internal Factors inculding ego factors, morality factors and weak legal awareness factors. External Factors include target or target factors, weak factors at that time and the role of victims. (2) Efforts made by Kodim 1603 Sikka overcome violence committed by soldiers Kodim 1603 Sikka: (a) Preemptive efforts by conducting socialization to members. (b) Preventim efforts by carrying out routine Jamdan and conducting legal counseling. (c) Repressive efforts are by taking legal action. The author’s suggestion is that there needs to be increased control, law enfocement and supervision from superiors within the unit and outside the unit.
Tinjauan Yuridis Pelaksanaan Perjanjian Ekstradisi Indonesia-Malaysia (Studi Kasus: Djoko Soegiarto Tjandra) Nuban, Julio Benyamin; Kase, Dhesy A; Tukan, Elisabeth N S B
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16170

Abstract

Corruption is a complex and common problem faced by all countries. It's about the side effects of corruption that can shake up a country's life. Extradition itself refers to the process of returning a suspect who has committed a crime abroad and wishes to return to his or her home country. The extradition case against Djoko Tjandra is therefore itself an example of extradition practice. The arrest and custody of Djoko S. Tjandra was made possible through the cooperation of the National Police and the Royal Malaysian Police. Kabareskrim Polri Argo Yuwono confirmed that the national police will make arrests, which has proven the existence of "P2P" (police to police). Based on the previous description, future researchers will be interested in discussing this issue in the form of a scientific paper titled "Legal Analysis of the Extradition Treaty between the Government of Indonesia and the Government of the Kingdom of Malaysia (Case Study: Joko Sugiarto Jandra)" The question of this study is: Between Indonesia and Malaysia in the case of Joko Jandra How is the extradition treaty enforced? The method used in this study is the normative legal research method. Normative legal research is literary legal research. In normative legal research, library materials are the basis data classified as secondary data in (scientific research). The extradition mechanism imposes very stringent and onerous requirements and restrictions in the process of handing over and handing over offenders, but precisely within the honorable and ideal position of the extradition agency as a legal institution for the elimination of international crime.
Pelaksanaan Eksekusi Barang Jaminan Pada PT. Nusa Surya Ciptadana Cabang Soe Dalam Perspektif Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Selan, Dicky Kolodikson; Hedewata, Agustinus; Dinata, Husni Kusuma
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16207

Abstract

Consumer financing is an agreement between a finance company and a consumer. The existence of financing institutions in legislation number 42 of 1999 in relation to the provision of guarantees if consumers or debtors neglect obligations or default creditors can carry out execution of fiduciary collateral objects. However, in practice, in making withdrawals and sales, there is still often legal uncertainty and balance between the debtor's rights and creditors' benefits from the results of the execution of fiduciary guarantees. The benefit of the research is as a reference for writers and information for the public regarding the process of executing collateral, especially fiduciary guarantees. The results of this study show that the legal consequences that arise are that debtors who default due to creditor agreements have the right to take collateral and sell under the hands without the debtor's knowledge and are not notified of the proceeds of the sale of collateral resulting in legal uncertainty and imbalance between the debtor's rights and the benefits obtained by creditors.
Implementasi Peraturan Daerah Kota Kupang Nomor 7 Tahun 2015 Tentang Bangunan Gedung Studi Di Kecamatan Kelapa Lima Kota Kupang Djata, Stiven Djara; Yohanes, Saryono; Monteiro, Yosef Mario
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16233

Abstract

This research aims to find out to what extent the implementation of Kupang City Regional Regulation Number 7 of 2015 concerning Buildings, in Kelapa Lima District, Kupang City and what factors are obstacles to its implementation. The research method used in this research is Empirical Juridical, namely legal facts relating to matters relating to community members in implementing statutory regulations including Kupang City Regional Regulations which are the object of study in this research or certain situations, which give rise to gaps between das solen and das sein or between practice theory, ineffective application of law, deviant behavior or behavior, situations in people's lives that are starting to experience rapid transformational changes. The approach method used is a sociological juridical approach as well as a conceptual approach and the types of data used in this research are primary data (interviews), secondary (laws) and tertiary (dictionaries). The results of the research show that the implementation of concerning Buildings in Lasiana Village and Oesapa Village as a whole reached 60%. This indicates that the implementation of these regulations is quite good, although there are still 40% who do not use building permits. And the inhibiting factor is the low level of human resources and public legal awareness.

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