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Petitum Law Journal
Published by Universitas Nusa Cendana
ISSN : -     EISSN : 30309409     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Petitum Law Journal (PELANA) 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 : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 174 Documents
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KERJASAMA PEMERINTAH DESA DAN BADAN PERMUSYAWARATAN DESA DALAM PEMBANGUNAN DESA DI DESA WOLWAL DAN DESA WOLWAL TENGAH KECAMATAN ALOR BARAT DAYA KABUPATEN ALOR Moy, Elvina Elsanda; Tupen, Rafael Rape; Lamataro, Cyrilius Wilton Taran
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22730

Abstract

This study examines the collaboration between the Village Government and the Village Consultative Body in village development in Wolwal and Wolwal Tengah villages, Alor Barat Daya District, Alor Regency. Using empirical legal methods including field observations, in-depth interviews with village heads, village consultative body members, and community leaders, and document analysis this study identifies patterns of collaboration in planning, implementing, monitoring, and evaluating development programs. The results show that although formal collaboration follows the principles of partnership, consultation, and coordination through participatory forums (Musdus, Musdes, Musrenbang), there are still major challenges that need to be addressed: (1) weak coordination and differences in priorities between the village head and village consultative body; (2) shallow community participation; (3) limited human resource capacity (most officials only have a high school education); (4) inadequate infrastructure (e.g., uncertified village offices, damaged facilities); and (5) non-independent village consultative body supervision. This study concludes that to optimize development outcomes, it is necessary to strengthen institutional capacity, increase community involvement, and have a more professional monitoring mechanism to achieve transparent, accountable, and sustainable village governance.
PENGATURAN DAN IMPLEMENTASI PELAYANAN DINAS SOSIAL TERHADAP FAKIR MISKIN DI KABUPATEN LEMBATA Witak, Yohanes Paulus Sengaji; Ratu Udju, Hernimus; Radji, Megi O
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22731

Abstract

This study investigates the way the Social Service of Lembata Regency regulates and implements services for people living in poverty using a social law approach. The findings show that although six main programs, Health Insurance Contribution Assistance Beneficiaries, Family Hope Program, Non-Cash Food Assistance, Direct Cash Assistance, Regional Health Insurance, Indonesia Smart College Card, have been implemented in accordance with national provisions (Permensos 262/2022) and SK Kadinsos No. 25/2024 with a fairly large reach (for example: 88,287 National Health Insurance recipients), its effectiveness is hampered by various factors both internal and external. From the internal side, the challenges faced include: (1) the absence of a specific regulation to address poverty, (2) a definition of poverty that is not in accordance with the local context, (3) inaccuracy of DTKS data (overlapping, including residents who are well-off or have died), (4) limited budget (the Joint Business Group program has not been implemented), and (5) uneven distribution of assistance (one District Social Welfare Worker, serves two sub-districts). From the external side, the main challenges are the mindset of community dependency (aid is used for non-basic consumer goods), minimal awareness of independence, and lack of cooperation from the community. This study recommends a comprehensive approach: strengthening regional regulations, updating technology-based data collection systems, increasing allocations from the Regional Government Budget, and integrating assistance that focuses on behavioral change.
SEBAB-SEBAB DAN UPAYA HUKUM DISKRIMINATIF DALAM KASUS KORUPSI TERHADAP PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2573 K/Pid.Sus/2021 SERTA NOMOR 2451 K/ Pid.Sus/2021 Padur, Maria Oktaviani; Sinurat, Aksi; Leo, Rudepel Petrus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22750

Abstract

In practice, judicial decisions in corruption cases often reflect discriminatory patterns in sentencing. This study aims to determine and analyze the causal factors or reasons for criminal discrimination in corruption cases Number 2573 K/Pid.Sus/2021 and Number 2451 K/Pid.Sus/2021 at the Supreme Court of the Republic of Indonesia, and to analyze the legal efforts that can be taken by the Public Prosecutor for criminal discrimination in corruption cases Number 2573 K/Pid.Sus/2021 and Number 2451 K/Pid.Sus/2021 at the Supreme Court of the Republic of Indonesia. This study seeks to explore the underlying causes and legal solutions for the presence of discriminatory sentencing in corruption cases. Employing an empirical juridical research approach, data were collected through interviews and literature reviews, then analyzed qualitatively. The findings indicate that the causes of discriminatory sentencing in corruption cases stem from both legal and judicial factors. Thomas More and Jonas Salean were charged together for the same act of transferring and distributing state land without legal basis. However, the difference in the legal fate of Thomas More, who was imprisoned for 8 years, and Jonas Salean was acquitted, raises an indication of criminal discrimination because the difference in treatment is not based on differences that are legally relevant.
MEKANISME PEMISAHAN PERKARA (SPLITSING) OLEH JAKSA PENUNTUT UMUM DALAM PROSES PEMBUKTIAN OLEH SAKSI MAHKOTA Lobo, Martina Nencylia Riwu; Asa, Simplexius; Resopijani, A
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22776

Abstract

This research examines the mechanism of case splitting (splitsing) by the Public Prosecutor and the use of the crown witness (kroon getuige) in the Indonesian criminal justice system. Splitsing is the prosecutor's authority under Article 142 of the Criminal Procedure Code (Code of Criminal Procedure) to split a single case file with multiple suspects into separate prosecutions. This practice is commonly applied in cases of criminal participation (deelneming) or when there is a lack of evidence, particularly witnesses, to facilitate the evidentiary process. The main consequence of splitsing is the emergence of a crown witness, where one defendant is made a witness to provide testimony against another defendant. This term is not explicitly regulated in the Code of Criminal Procedure, but its existence is recognized in judicial practice and supported by Supreme Court jurisprudence. Although considered effective, the use of a crown witness is highly controversial as it is deemed to conflict with human rights and fundamental legal principles. This includes violations of the right against self-incrimination and the principle of a speedy, simple, and low-cost trial. Juridically, a crown witness's testimony can be considered valid evidence if delivered under oath in court. However, its evidentiary strength is discretionary and depends entirely on the judge's assessment and conviction, and it must be supported by other valid evidence.
HAMBATAN PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERUSAKAN RUMAH ADAT SUMBA Godo Bili, Ezra Yohanes; Pello, Jimmy; Dede, Ngongo
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22790

Abstract

This research aims to identify and analyze the obstacles faced in enforcing criminal law against the perpetrator of the destruction of a traditional house in Bodo Maroto Village, West Sumba Regency a site recognized as a cultural tourism object in Sumba. The incident occurred when a man, driven by anger toward his wife, threw a kerosene lamp, unintentionally causing a massive fire that destroyed the traditional house and several surrounding homes. The research employs an empirical legal approach supported by a normative juridical analysis. Data were collected primarily through interviews with local traditional leaders and tourism stakeholders. The findings indicate that the main obstacles to legal enforcement include limited law enforcement resources, a low level of legal awareness within the community, and significant socio-economic impacts, such as community trauma and loss of tourism income. Moreover, cultural and familial considerations led the community to refrain from reporting the perpetrator to the authorities. This study concludes that legal enforcement in customary law areas requires a more contextual and collaborative approach between law enforcement agencies, local government, and indigenous communities.
TINJAUAN HUKUM PIDANA TERHADAP MOTIF PEMALSUAN TANDA TANGAN DAN STEMPEL YANG DILAKUKAN PEJABAT DESA (STUDI KASUS DI DESA SAENAMA KECAMATAN RINHAT KABUPATEN MALAKA) Klau, Yohana Elma; Manafe, Deddy R Ch; Djara Dima, Adrianus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22875

Abstract

This study evaluates the criminal law perspective on the forgery of signatures and stamps committed by Saenama Village Officials, Malaka Regency, in 2022, to analyze the legal implications and criminogenic factors underlying the act of forgery committed by village officials. The method used in this study is an empirical approach by utilizing primary data through interviews and secondary data derived from legal documents. The research findings indicate that the forgery was carried out in order to take village funds illegally, and was triggered by internal factors such as personal motives, lack of knowledge of the law, abuse of power, and economic pressure, as well as external factors caused by weak supervision. Using a juridical-empirical approach, this study examines how the creation of fake documents, forged signatures, and counterfeit stamps reflects systemic weaknesses in local governance and legal accountability.This action not only violates Article 263 of the Criminal Code concerning forgery, but is also included in the category of corruption crimes based on the Corruption Law with broad impacts, namely losses to the state, disruption of village development, and reduced public trust. This study concludes that strengthening supervision mechanisms, enhancing legal education for village officials, and implementing transparent governance practices are essential strategies to prevent the recurrence of similar fraudulent acts.
ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN ARTIFICIAL INTELIGENCE SEBAGAI ALAT TINDAK KEJAHATAN DI INDONESIA Lastrio, Yohana; Manuain, Orpa G; Dede, Ngongo
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22935

Abstract

The rapid advancement of Artificial Intelligence (AI) has brought transformative benefits across various sectors but has also introduced profound legal challenges, particularly in attributing criminal liability when AI is used as a tool in criminal acts. This research is guided by the core question: How can Indonesia’s criminal law system establish liability for the use of Artificial Intelligence as an instrument of crime? Employing a normative juridical method, this study integrates statutory, conceptual, case-based, comparative, and historical approaches to examine the current legal framework, including the Electronic Information and Transactions Law (ITE Law) and the 2023 Indonesian Criminal Code. Findings reveal that Indonesia’s legal system still faces significant normative and technical barriers. Normatively, existing regulations do not fully address the complexity of autonomous and adaptive AI systems. Technically, establishing mens rea and causality between human action and AI-generated outcomes remains difficult. In this context, the Perpetration by Another Liability model is a relevant legal framework, positioning AI as instrumentum delicti and assigning criminal responsibility to the human actors, developers, providers, or users, who knowingly deploy AI systems for unlawful purposes. This model aligns with Articles 36 and 37 of the Criminal Code and emphasizes accountability, precaution, and legal adaptability in facing the evolving nature of AI-driven crimes.
PENGARUH PERNIKAHAN SEDARAH DALAM TRADISI ANA TUYA DAN ANA MAMU (ANAK OM DAN ANAK TANTE) TERHADAP KETURUNAN DI DESA WATU PUDA KECAMATAN UMALULU KABUPATEN SUMBA TIMUR Riwa, Milintari T R; Pello, Helsiana F; Kaesmetan, Rini M
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22936

Abstract

This research explores the cultural tradition of consanguineous marriage in the Ana Tuya and Ana Mamu tradition in Watu Puda Village, East Sumba, where marriage between maternal uncle’s daughter and paternal aunt’s son is still practiced. Using an empirical legal approach with qualitative methods, this study investigates why the tradition continues and examines its effects on offspring. The findings reveal that the tradition persists due to cultural preservation, the influence of Marapu customary law, and family expectations. However, the consequences include a heightened risk of genetic disorders, psychological pressure, and, in some cases, birth defects and mental developmental delays in children. The study underscores the need for education, genetic counseling, and dialogue between tradition and public health to reduce the harmful impacts on future generations.
TUGAS BAWASLU KOTA KUPANG DALAM PENGAWASAN PEMILU ANGGOTA DPRD KOTA KUPANG MASA JABATAN 2024-2029 Day, Frely Anugrah; Monteiro, Josef Mario; Rema, Agnes Doortji
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22949

Abstract

General elections are an important foundation of democracy to ensure people's representation in legislative institutions. Election supervision is a crucial element so that elections are honest, fair, and democratic. This study aims to analyze the implementation of the duties of the Kupang City Election Supervisory Agency in supervising the 2024–2029 Kupang City Member General Election and identify factors that inhibit the effectiveness of supervision. The study uses an empirical legal approach with socio-legal and conceptual methods. Data were collected through interviews with the Chairperson and members of General Election Supervisory Body, legislative candidates, literature studies, and field documentation in Kota Raja District. The results of the study show that Bawaslu has been active and collaborative in supervision, through the formation of working groups, cross-institutional cooperation, and direct and administrative supervision methods. However, there are obstacles such as limited personnel, low community participation, and weak coordination between organizing institutions. The study concludes that the effectiveness of supervision is influenced by the readiness of human resources, institutional support, and community participation. It is necessary to strengthen the role of General Election Supervisory Body through training, legal counseling, and synergy with the General Election Commissions and law enforcement officers in order to create elections with integrity.
IMPLEMENTASI UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA KAITAN DENGAN PERLINDUNGAN HAK ATAS TANAH MASYARAKAT ADAT PUBABU, DESA LINAMNUTU, KECAMATAN AMANUBAN SELATAN, KABUPATEN TIMOR TENGAH SELATAN Ferroh, Fasri; Dinata, Husni Kusuma; Bire, Chatryen M Dju
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22971

Abstract

This research is an empirical study that aims to determine and analyze the implementation of the basic agrarian law and its obstacles in protecting the land rights of the Pubabu indigenous community, Linamnutu Village, South Amanuban District, TTS Regency. This research was conducted in Linamnutu Village. The types of data used were primary data and secondary data. The data collection techniques used were interviews and literature studies. The population in this study were the Head of East Nusa Tenggara State Land Agency Region, Head of Amanuban Selatan Sub-District, Head of Linamnutu Village, Usif (King) of Amanuban, Pubabu Indigenous Community Leaders. The sample used in this research is a saturated sample technique with a total of 8 respondents. This research shows that, the implementation of the Basic agrarian law in the Pubabu case reveals a systematic failure that requires fundamental reformulation from a technocratic paradigm towards a transformative paradigm. the obstacles to the implementation of the Basic agrarian law in protecting the land rights of Pubabu indigenous peoples, in Linamnutu Village are not solely caused by administrative technical issues, but reflect stronger structural problems in the Indonesian government system.

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