cover
Contact Name
Gerald A Bunga
Contact Email
artemislawjournal@undana.ac.id
Phone
+6281353767434
Journal Mail Official
artemislawjournal@undana.ac.id
Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia
Location
Kota kupang,
Nusa tenggara timur
INDONESIA
Artemis Law Journal
ISSN : -     EISSN : 30309387     DOI : -
Core Subject : Humanities, Social,
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
Pelaksanaan Tugas Disperindag Dalam Melakukan Pengawasan Minuman Beralkohol Berdasarkan Perda Kota Kupang Nomor 12 Tahun 2016 Nafie, Indra Apriliando; Yohanes, Saryono; Ratu Udju, Hernimus
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.v2i1.16266

Abstract

In the current era, cases are increasing due to consuming alcoholic drinks, both in the community and among teenagers, one of which is in the city of Kupang. So the Kupang city government must handle cases of free distribution of alcoholic drinks among the public, one of which is by giving the Kupang city government duties and responsibilities to the Department of Industry and Trade. This research aims to determine the duties and responsibilities of the industry and trade department in supervising alcoholic beverages, and the obstacles that exist in supervising alcoholic beverages. The type or types of research used in this research proposal is empirical juridical research, namely research carried out by going directly into the research field to collect information as a required legal fact, using an interview approach from the required sources. The research results found that before the supervision was carried out, the Department of Industry and Trade formed a supervision team, place and time for supervision, checked the completeness of business permits, carried out an assessment, and ultimately imposed sanctions on those who violated them. and Obstacles: lack of community cooperation in government efforts and lack of strict sanctions given to sellers, which only take the form of warnings. The proposed lack of outreach by the Department of Industry and Trade in conducting outreach to sub-districts in Kupang City regarding the sale of alcoholic drinks to the public, business actors should comply with existing regulations.
Pertanggungjawaban Pidana Terhadap Malpraktik Dalam Tindakan Medis Tanpa Izin (Studi Putusan Pengadilan Negeri Nomor: 109/PID.SUS/2019/PN KBU) Mubarok, Sharul; Kadja, Thelma S. M.; 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.v2i1.16566

Abstract

Decision Number 109/pid.sus/2019/pn kbu pertains to the sentencing of a health worker for unlicensed practice and malpractice resulting in death. Despite the severity of the offense, the judge imposed only a Rp20,000,000 fine. This decision raises questions regarding its alignment with the defendant's actions and the considerations guiding the judge's sentencing. The research, utilizing a normative juridical approach, analyzed primary, secondary, and tertiary legal materials. This method aims to uncover truth through legal logic from a normative perspective. Findings indicate that the judge's decision inadequately reflects the gravity of the defendant's actions. Apart from operating without a license, the defendant's negligence led to substandard medical practices resulting in death. However, the judge dismissed the element of negligence causing death, citing the need for proof of the causal relationship between the defendant's actions and the victim's demise. The prosecution should have presented forensic autopsy evidence to establish this link. Furthermore, the judge should have considered non-juridical factors such as justice, legal certainty, and public safety in sentencing the defendant.
Pelaksanaan Fungsi Dinas Penanaman Modal dan PelayananTerpadu Satu Pintu Kota Kupang Dalam Penyelenggaraan Persetujuan Bangunan Gedung Di Kota Kupang Di Tinjau Dari Peraturan Walikota Nomor 50 Tahun 2021 Tentang Kedudukan, Susunan Organisasi, Tugas Dan Fu Djami, Rally Sunardo; Monteiro, Yosef Mario; Yohanes, Saryono
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.v2i1.16668

Abstract

Licensing plays a crucial role in regulating societal activities, aiming to foster order, fairness, and prosperity. Despite its significance, challenges persist within the Investment and Integrated One-Stop Service Office (DPMPTSP), particularly in Kupang City, where residents face hurdles in adapting to digitalization. This lack of understanding exacerbates issues such as low awareness of Building Construction Approval (PBG), leading to a disconnect between the community and the government. This thesis addresses: (1) The effectiveness of DPMPTSP in facilitating PBG in Kupang City; and (2) Factors hindering its implementation. Conducted as an empirical legal study at DPMPTSP, it involved primary and secondary data analysis. Findings reveal: (a) Monitoring is hindered by server maintenance and public unfamiliarity with PBG procedures. (b) Despite regulatory efforts, PBG processes have evolved with the introduction of a web-based system called the Building Management Information System (SIMBG). (c) Recommendations from DPMPTSP remain partially implemented, reflecting a gap in public-government understanding. Recommendations include staffing, infrastructure upgrades, and public education to bridge this divide.
Kekerasan Seksual Terhadap Warga Sipil Dalam Konflik Antara Rusia Dan Ukraina Ditinjau Dari Hukum Humaniter Internasional Ariwati, Setya Andhini; 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.v2i1.16855

Abstract

Sexual violence committed by Russian soldiers during the conflict between Russia and Ukraine was violates the provisions of international humanitarian law, particularly the Fourth Geneva Convention on the protection of civilians during war time. This study aims to understand the regulations on the protection of civilians from sexual violence according to the Fourth Geneva Convention and its two additional protocols and examine the enforcement of laws against Russian soldiers who committed sexual violence against civilians during the Russia-Ukraine conflict.The research method used in this study is normative legal research, which involves reviewing books on rules and laws conducted in a library setting.The results of this study indicate that, the attacks by Russian soldiers on civilians in the Russia-Ukraine conflict have violated articles of the Fourth Geneva Convention and its two additional protocols, such as Articles 27-34 of the Fourth Geneva Convention of 1949; Article 51 of Additional Protocol I of 1977; Articles 13-18 of Additional Protocol II of 1977. Various acts of sexual violence committed by Russian soldiers against civilians in the Russia-Ukraine conflict have violated Article 27, paragraph two of the Fourth Geneva Convention of 1949; Article 75, paragraph (2) point a and paragraph (5) of Additional Protocol I of 1977; Article 4 paragraph (2) letter e and Article 5 of Additional Protocol II of 1977 and after thoroughly evaluating and eliminating various judicial mechanisms, the most viable approach to legally address the acts of sexual violence perpetrated by Russian soldiers against civilians is to pursue enforcement through an hybrid tribunal.
Penanggulangan Tindak Pidana Cyberbullying Terhadap Anak Di Indonesia Perspektif Sistem Hukum Lawrence Meir Friedman Pian, Marlan; Medan, Karolus Kopong; Manafe, Deddy R. CH.
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.v2i1.16936

Abstract

Cyberbullying itself is an extension of the old crime, namely bullying. The difference is, bullying occurs in the real world and is carried out with physical contact between the perpetrator and the victim, while cyberbullying occurs online via electronic media without requiring direct physical contact. However, the impact caused by cyberbullying is proven to be more severe, the victim can experience psychological disorders, not only mental disorders, but also disorders that affect the victim's physical condition. Because digital traces in cyberspace are also difficult to erase, the author conducted this research with the aim of tackling the crime of cyberbullying specifically for children who are victims. Based on this, problems can be formulated: (1) What is the legal system for dealing with cyberbullying crimes against children in Indonesia? (2) What is the legal system for dealing with criminal acts of cyberbullying against children in Indonesia from the perspective of Lawrence Meir Friedman's legal system? This research is doctrinal legal research with research locations in the regional library of East Nusa Tenggara Province. Data obtained using library study techniques. From the research results it was found: (1) The policy for dealing with cyberbullying in criminal law is included in the field of penal policy which is part of criminal policy (crime prevention policy). (2) Countermeasures according to Lawrence Meir Friedman are Legal Structure, Legal Substance, Legal Culture.
Peran Dan Faktor Penghambat Dalam Penegakan Hukum Terhadap Pidana Pemerkosaan Oleh Anggota Keluarga Di Wilayah Hukum Kepolisian Resor Kupang Kota Benu, Geraldo Yoseprinus; Leo, Rudepel Petrus; Amalo, Heryanto
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.v2i1.17201

Abstract

Home should be the safest place for girls, but instead it is the safest location for perpetrators who carry out devious acts. The rape case committed by a family member occurred in the jurisdiction of the Kupang City Police. ADR was a victim of sexual intercourse and sexual violence with SDR's biological father from July 2004 to April 2014, causing a lot of suffering for the victim, both physical and psychological. Following the main duties of the Indonesian National Police as regulated in Article 13 of Law Number 2 of 2002. Bareskrim Polri as a government institution is the most appropriate institution to answer problems regarding the effectiveness of the role of the police. Investigators and the obstacles investigators face. The police force in enforcing the law against criminals was designed by family members at the Kupang City Police. The results of the research show that the effective role of a police investigator is the role expected by the investigator, the role given and the role of the police investigator. Obstacles to law enforcement for perpetrators of criminal acts of fraud by family members are: legal factors, law enforcement, means and facilities, and culture. It was concluded that the effective role of Kupang City Police investigators' duties is: Receiving reports, Investigation, Collection of evidence, Examination of witnesses and victims, Coordination with related parties and Assistance to victims. Meanwhile, the obstacles faced are community factors and cultural factors.
Kajian Yuridis Terhadap Pertimbangan Hakim Dalam Tindak Pidana Pemerasan Terhadap Pengusaha Real Estate Indonesia (REI) di Provinsi Nusa Tenggara Timur (Studi Kasus Putusan Pengadilan Negeri Kelas IA Kupang Nomor : 40/Pid.Sus/2022/PN.Kpg) Ysmiralda, Samantha; Kadja, Thelma; Fallo, Debby
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.v2i1.18250

Abstract

The Judge’s Consideration is defined as a stage where the panel of judge’s considers the facts revealed during the trial process which are connected to evidence that meets the formal and material requirements presented in the plea evidence. The problem formulation in this research is (1) How is the application of material criminal law in decision number 40/Pid.Sus/2022/PN.Kpg? (2) What is the basis for the judge’s considerations in handing down a criminal decision for the defendant in accordance with the decision in case number 40/Pid.Sus/2022/PN.Kpg? In this study, the Author used Normative Juridical Legal Research Methods. The results showed (1) According to the Authors in this case, of course, not only the recipient has the potential to become a suspect, but the Bribe Giver can also be used as a suspect, but it seems like there is an effort to protect the Indonesian Real Estate NTT (REI). (2) The basis for the Judge’s Considerations is based on the public prosecutor demands and taking into account the evidence presented by The Public Prosecutor also paid attention to the defense submitted by defendant legal advisor.
Faktor Penyebab Masyarakat Waiburak Tidak Mengurus Sertifikat Tanah Di Desa Waiburak Kecamatan Adonara Timur Muda, Inna Maria Meylliani Boy; Usman, Siti R; 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.v2i1.18676

Abstract

According to the Agrarian Constitution and Leverage Regulation Number 24 of 1997, there are still many people, especially in Waiburak Village, who have taken their land certificates. This research is an empirical legal research. The factors that cause the Waiburak people to not care about land certificates are limited costs, problematic land, and also the lack of public awareness of the importance of land certificates. If these factors can be well minimized, then this ensures the validity of the ownership, and prevents disputes. (2) Because the law of the waiburak community does not take care of land certificates, legal uncertainty, difficulties in buying and selling transactions. The factors that cause the Waiburak community not to take care of land certificates are limited costs, land that is still problematic, lack of knowledge and public awareness about the importance of certificates. (2) Because the law of the Waiburak community does not take care of land certificates, legal uncertainty, difficulties in buying and selling transactions. The author's suggestion is that the government is expected to be more active in conducting intensive socialization related to the importance of land certificates as proof of legality, and to the community, to be more active in participating in socialization activities in order to get a better understanding of the procedures and importance of land certificates and the benefits of managing land certificates.
Pelaksanaan Perjanjian Dan Akibat Hukum Dari Sewa Menyewa Rumah Dinas Milik Pemerintah Kabupaten Timor Tengah Selatan Ditinjau Dari Kitab Undang-Undang Hukum Perdata Sakeh, Fahry Fausi; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v2i1.18715

Abstract

The purpose of this study is to determine the implementation and legal consequences of the official residence rental agreement owned by the South Central Timor Regency Government. The type of research used is Empirical Law research, the type of data used in this study is qualitative. The data used in the study is based on the relevance of the source data, namely primary and secondary data. The results of this study suggest that in the implementation of the official residence rental agreement there is no contract agreement between the occupant of the official residence as the tenant and the Regional Government as the owner of the official residence. The tenant of the official residence only gets a Regent's Decree without any other documents. In terms of the contract agreement between the 2 parties, the legal force is not strong because the basis for the lease is only the Regent's Decree. The Regent's Decree is not an agreement document, but the Regent's Decree is a state administrative document. The impact of the absence of a contract is that many residents of the official residence have many arrears
Kekuatan Sertifikat Hak Milik Sebagai Jaminan Kredit di BRI Unit Halilulik Desa Naitumu Kecamatan Tasifeto Barat Kabupaten Belu Bone Lau, Hildegard Blinda Lestari; Nubatonis, Orpa J; Dju Bire, Chatryen M
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.v2i1.18819

Abstract

This study aims to find out and analyze the strength of title certificates as bank credit guarantees carried out in the BRI Halilulik unit, Naitimu Village, West Tasifeto District, Belu Regency. The research method used in this writing is empirical research. The data collection of this research uses literature studies, document studies, observations and interviews. The results of this study show that (1) the strength of the title certificate used as collateral in credit granting transactions in the halilulik bri unit has the highest category that has a strong potential to get credit from the Bank as a creditor because in terms of security for the lender or the Bank, title is certainly the main choice and is a fairly strong type of right. (2) factors that cause a customer to lose a certificate of ownership as collateral in the provision of credit at the bri halilulik unit which include internal factors and external factors as the cause of the customer losing the certificate of ownership.

Page 8 of 14 | Total Record : 140