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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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Analisis Yuridis Pelanggaran Asas Itikad Baik Dalam Penggunaan Merek Berdasarkan Undang-Undang Merek Dan Indikasi Geografis & Studi Kasus Putusan MA NO.8/PK/PDT.SUS-HKI/2020 Manlea, Carmela Modesti Sonya; Nubatonis, Orpa J; Jacob, Yossie M Y
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.v2i1.18924

Abstract

This study analyzes the violation of the principle of good faith in trademark usage based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications, focusing on the Supreme Court's decision No. 8/Pk/Pdt.Sus-HKI/2020. The principle of good faith is a fundamental concept in trademark law aimed at preventing the misuse of trademark rights, particularly in the unauthorized registration and usage of trademarks. In this case, the Supreme Court examined the actions of a party deemed to have used a trademark in bad faith by copying or duplicating a well-known mark for personal gain. This research employs a normative juridical method, using a statutory and case-based approach. The analysis reveals that violations of good faith in trademark usage can harm legitimate trademark owners and breach existing legal provisions in Indonesia. The Supreme Court's ruling provides significant guidance on the application of the good faith principle in trademark protection and underscores the importance of honesty and transparency in trademark registration.
Tinjauan Hukum Terhadap Kontrak Kerja Guru Honorer Ditinjau Dari Undang-Undang Nomor 14 Tahun 2005 Tentang Guru Dan Dosen Di SMAN 2 Kota Kupang Dally, Azarya Syalom; Nubatonis, Orpa J; Jacob, Yossie M Y
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.v2i1.18942

Abstract

This thesis examines the legal review of contracts for honorary teachers based on Law Number 14 of 2005 concerning Teachers and Lecturers. The study aims to identify and analyze the existence and legal implications of contracts entered into by honorary teachers, as well as their compliance with applicable regulations. The research employs a qualitative approach, utilizing document analysis and interviews with relevant parties, such as honorary teachers, school principals, and education law experts. The findings indicate that contracts for honorary teachers often do not meet the legal requirements established by the law, including basic rights, job protection, and employment status certainty. This study recommends the need for regulatory revisions and improved oversight of honorary teacher contracts to ensure fairness and the protection of their rights within the education system.
Tanggung Jawab Pelaku Usaha Rokok Yang Tidak Mencantumkan Informasi Dan Peringatan Kesehatan Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Salukh, Andre; Nubatonis, Orpa J; Pello, Helsina F
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.v2i1.19124

Abstract

This study analyzes the responsibilities of tobacco businesses that fail to include health information and warnings in accordance with Law No. 8 of 1999 on Consumer Protection. The objective of this research is to identify the legal implications and consequences for businesses that neglect these obligations. The methodology employed is quantitative analysis through data collection. The results indicate that non-compliance with the requirement to provide health information and warnings can lead to administrative sanctions and legal claims. Additionally, the lack of information poses health risks to consumers and infringes upon their rights. This research concludes that stricter law enforcement is essential to protect consumers and encourage businesses to fulfill their responsibilities.
A Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Jual Beli Komoditas Hasil Pertanian Tadoe, Prisca Edelweys; 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.v2i1.19435

Abstract

The application of freedom of contract in agricultural commodities purchase agreements is essential to creating a fair relantionship between farmes and buyers. This principle allows each parties the freedom to choose the terms and conditions of the agreement according to needs and interests, and it allow legal subjects to draft new agreemwnts that aren’t currently covered by the Civil Code. The ijon system is a method of purchasing and selling agricultural products that has never been seen. It’s to determine how freedom of contract is applied in relation to the effectiveness of agricultural commodity purchase agreements and what legal action can be taken in the event that the freedom of contract is violated in such agreements. Normative legal research is the research methodology employed. According to the result, inefficiency may have an impact on how the freedom of contract is applied in purchase agreements. This principle allow to determine the terms and conditions of the agreement without violating the law and public order, but the existence of legal ambiguity can cause ambiguity in the contents of the agreement, making it difficult and can cause disputes. There are two approaches to legal protection: repressive legal protection and preventive legal protection.
Pertanggungjawaban Hukum Dan Penetapan Hak Asuh Anak Yang Diterlantarkan Pasca Kematian Salah Satu Orang Tua Di Kota Atambua Berdasarkan Undang-undang Nomor 35 Tahun 2014 Tentang Perubahan atas Undang-undang Nomor 23 tahun 2002 Tentang Perlindungan Anak Mau, Stefanus; Jacob, Yossie M Y; Pello, Helsina F
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.v2i1.19437

Abstract

Child custody is the right that parents or guardians have to care for, educate and make important decisions relating to the welfare and development of their child. Child neglect is the act of illegally releasing a person's responsibilities and rights towards their offspring. In this case, the Court and the Women's Empowerment and Child Protection Service (DP3A) play a very important role in the process of accountability for child custody and guaranteeing the child's interests. The type of research used is empirical research. This research was conducted in Atambua City. The types of data used are primary data and secondary data. The data collection technique used was through interviews and observation. The population in this study were judges at the Atambua District Court, employees of the Child Protection Department (DP3A), and parents and guardians of children who were abandoned after the death of their mother in Atambua City. The sample used in this research was saturated sampling, and there were 4 respondents.
Hambatan Penyidik Kepolisian Daerah Nusa Tenggara Timur dalam mengungkapkan Tindak Pidana Perdagangan Orang Djo, Marlin; Manuain, Orpa G; Fanggi, Rosalind Angel
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.v2i1.19456

Abstract

This research analyzes the obstacles faced by investigators from the East Nusa Tenggara Regional Police (Polda NTT) in uncovering criminal acts of human trafficking (TPPO), which is a serious and widespread problem in this region. TPPO often involves organized crime networks and complex modus operandi, such as document falsification and exploitation of victims' vulnerable positions. This research uses an empirical juridical approach and qualitative descriptive analysis techniques, with primary data obtained through interviews with investigators and secondary data from related literature. The research results show that the main obstacles facing the disclosure of TPPO include limited human resources, minimal special training for investigators, limited technology and infrastructure, and low public awareness of TPPO. Efforts to overcome these obstacles include increasing training for investigators, collaborating with relevant institutions, and public awareness campaigns about the dangers of human trafficking. This research provides recommendations for increasing the effectiveness of handling TIP in the NTT Regional Police through increasing investigator capacity and synergy between institutions.
Perspektif Kitab Undang – undang Hukum Perdata Terhadap Kontrak Antara Yayasan Sahabat Keluarga Daycare Bintang Al-Qur’an Dengan User Tentang Penitipan Anak Djawas, Nur Nakiyah Fatliyah; Mauritsius, Darius; Damat, Petornius
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.v2i1.19457

Abstract

This study aims to analyze the perspective of the Indonesian Civil Code (KUHPerdata) on binding contracts between the Sahabat Keluarga Daycare Bintang Al-Qur’an Foundation and service users (parents) in childcare. This research employs a normative empirical legal approach, combining theoretical studies with field data collected through interviews and observations at the daycare. The findings indicate that the contract plays a crucial role in defining the rights and obligations between both parties, while providing legal protection for those involved. In practice, the contract at Bintang Al-Qur’an daycare has not fully complied with the formal and substantive requirements stipulated in KUHPerdata, which poses potential legal risks, especially if there is any violation of children's rights or unlawful acts. This research is expected to serve as a guide for daycare management to formulate more comprehensive contracts in accordance with civil law principles.
Analisis Yuridis Tindak Pidana Pelaku Pengeroyokan Terhadap Pelaku Kecelakaan Lalu Lintas Di Kabupaten Kupang Dethan, Grace; Tallo, Daud Dima; Dima, Andrianus Djara
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.v2i1.19458

Abstract

This study examines the legal analysis of the crime of ganging up on traffic accident perpetrators in Kupang Regency. The background of this study is based on the high number of violent crimes that occur in Indonesia, even though this country was founded on the basis of law as regulated in Article 1 paragraph (3) of the 1945 Constitution. Based on the background of this study, two problem formulations were found (1) How is the legal review of traffic accidents according to Law No. 22 of 2009 concerning Traffic and Road Transportation? (2) What are the legal consequences for perpetrators of ganging up on traffic accidents according to the Criminal Code. This study aims to reveal the legal review of traffic accidents according to Law No. 22 of 2009 and analyze the legal consequences for perpetrators of ganging up on traffic accidents based on the Criminal Code (KUHP). The research methods used include field research with interviews and library research with a legal and legislative concept analysis approach. The results of the study indicate that cases of ganging up on traffic collision perpetrators often occur due to low legal awareness, the influence of alcohol, and lack of recognition from other perpetrators. This study contributes to the understanding of criminal law, especially related to the handling of ganging up crimes in the context of traffic accidents.
The Tanggung Jawab Perbankan Dalam Menjaga Kerahasiaan Data Nasabah Ditinjau Dari Undang-Undang No. 10 Tahun 1998 Mengenai Perbankan Pada PT. BANK MANDIRI (Persero), Tbk Di Kota Kupang Liwe, Juan Truly Page; 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.v2i1.19486

Abstract

The banking sector plays a vital role in mobilizing public funds. The professionalism of banks is essential for fostering trust among customers in their operational responsibilities. Violations of customer data confidentiality are deemed criminal and necessitate appropriate legal responses. A significant case involved a bank employee leaking the account balance information of a PT. Bank Mandiri (Persero), Tbk customer to unauthorized third parties, resulting in customer protests and legal action that culminated in the employee's dismissal. This incident highlighted the bank's inadequate measures in protecting customer data. This study aims to assess the implications of a bank's failure to maintain customer confidentiality and the strategies employed by banks to safeguard such data for customer protection. The research adopts a normative approach, examining written law through various perspectives, including statutory and conceptual frameworks. Primary legal sources include questionnaires, interviews, and observations, while secondary sources comprise relevant literature. Data collection techniques involve reviewing pertinent regulations. The legal analysis focuses on theoretical inquiries into legal principles. The findings indicate that enhancing public trust in banks hinges on the strict adherence to confidentiality obligations. Criminal, civil, and administrative sanctions should be enforced when violations persist despite regulatory non-compliance.
Faktor Penghambat Penanganan Komentar Netizen Yang Mengandung Kebencian Hate Comments Netizen di Tinjau dari Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik (Study Kasus Pada Kepolisian Resort Kupang Kota) lega, maria yosefa elista; 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.v2i1.19504

Abstract

Malicious comments from netizens circulating on social media in Kupang City are increasingly frequent. Over the past five years, there have been 225 police reports regarding malicious comments from netizens whose content leads to criminal acts of insult and/or defamation and hate speech, but the handling by the police in the Kupang City Police Resort area has not been optimal. Therefore, the main problem of this study is what are the inhibiting factors in handling malicious comments from netizens and the efforts made by the police in the Kupang City Police Resort area to overcome these inhibiting factors. The purpose of this study is to determine and describe the inhibiting factors and efforts made by the police in the Kupang City Police Resort area in handling malicious comments from netizens in Kupang City. The methods used are document/literature studies and field research by interviewing a number of key informants. The findings of this study show that the inhibiting factors in handling malicious comments from netizens by the police in the Kupang City Police Resort are (1) limited number, quality and capability of police personnel who are authorized and tasked with handling cybercrime, including malicious comments from netizens; (2) limited supporting facilities and infrastructure, both quantitatively and qualitatively, such as equipment and finances; (3) lack of knowledge and understanding of laws and regulations regarding netizen hate comments.

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