Artemis Law Journal

Pertimbangan Hakim Dalam Penjatuhan Putusan Terhadap Tindak Pidana Pencurian Oleh Anak Di Pengadilan Negeri Kelas I A Kupang

2026-05-18T06:39:20+00:00

Juvenile theft represents a pressing issue within the criminal justice system, requiring a distinctive approach that balances legal accountability with the imperative of child protection and rehabilitation. This study aims to examine and analyze the legal considerations employed by judges in rendering verdicts against children who commit theft, with a specific focus on a case adjudicated by the Class IA District Court of Kupang. Utilizing a normative juridical method, the research applies statutory and case-based approaches. Data were collected through literature review and the analysis of court decisions. The findings reveal that judicial considerations extend beyond the formal legal requirements outlined in Article 362 of the Indonesian Criminal Code. Judges also evaluate non-juridical aspects such as the child’s family background, age, education level, remorse, and recommendations from the Correctional Center (Balai Pemasyarakatan). The verdicts rendered prioritize rehabilitative and developmental outcomes over punitive measures, reflecting a restorative justice model. This approach aligns with the best interest of the child principle, as mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System. The study underscores the importance of a child-centered legal response that not only addresses criminal accountability but also fosters reintegration and future development. It calls for consistent application of rehabilitative justice in juvenile cases to ensure both legal certainty and humane treatment of child offenders.

Tanggungjawab Pemilik Hewan Peliharaan Bagi Korban Gigitan Anjing Rabies Di Tinjau Dari Kuhperdata Di Kabupaten Belu

2026-05-18T06:27:15+00:00

The implementation of the legal responsibility of animal owners towards victims of rabies dog bites in Belu Regency is de jure regulated by Articles 1365 and 1368 of the Civil Code. However, de facto, this system experiences systemic dysfunction due to various structural and socio-cultural obstacles: (1) Internal factors of animal owners—as seen from the low level of education among owners (50% only have elementary/junior high school education) related to a lack of knowledge about the law (66.7% do not understand legal obligations), an indifferent attitude (“bites are not considered a serious problem”), and negligence in supervision (dogs are allowed to roam without vaccination); (2) External factors—consisting of difficulties in proving animal ownership (lack of dog identification), minimal access for victims to reach legal mechanisms (66.7% of victims do not know the reporting procedure), and weak supervision from the government (incomplete socialization, lack of firm sanctions); (3) Systemic impact—only 33.3% of victims received accountability (customary treatment/mediation costs), but 50% of animal owners refused to accept responsibility, leaving victims trapped in a justice vacuum that worsens the potential for a rabies outbreak. Sustainable solutions are needed through multidimensional interventions: application of administrative sanctions, legal education based on culture, and cooperation between agencies (Livestock Service, Health Service, and Police). Without this synergy, victims will remain the most disadvantaged party in a legal system that is not yet functioning optimally.

Peran Dinas Kehutanan Dalam Menanggulangi Tindak Pidana Illegal Logging diKelurahan Umanen, Kecamatan Atambua Barat, Kabupaten Belu

2026-05-18T06:27:16+00:00

The problem of illegal logging is actually a very complex matter, because it is not only related to the law enforcement or juridical aspects, but also related to economic, sociological and cultural aspects. This illegal logging practice is generally carried out by individuals who actually have official permits from the Indonesian government to carry out logging on land, such as holders of Forest Concession Rights (HPH) concession permits. The type of research in this study is empirical legal research. The types and sources of data used are primary data and secondary data. The role of the Forestry Service in overcoming illegal logging practices in the Umanen area, West Atambua District, Belu Regency is carried out with two handling approaches, namely the preventive approach, namely the approach to the community, empowering the community, and reforestation (replanting bare forests). The repressive approach, namely conducting operations, and imposing severe sanctions on those who violate. Obstacles in overcoming Illegal Logging include legal obstacles, geographical factors, lack of law enforcement facilities and infrastructure, weak coordination between law enforcers, and community human resource factors.

Pertanggung Jawaban Pidana Perkosaan Ayah Terhadap Anak Kandung Di Pengadilan Negeri Kelas 1 Kupang (Putusan Nomor 113/PID.SUS/2021/ PN KPG )

2026-05-18T06:27:16+00:00

Criminal liability for the perpetrator of the crime of rape committed by a father against his biological child is determined based on the fulfillment of the elements of actus reus (act) and mens rea (evil intent). Therefore, the author conducted this study with the following objectives: 1) To find out and analyze the punishment of the father as the perpetrator of the crime of rape against his biological child based on Decision Number 113/Pid.Sus/2021/PN Kpg. 2) To find out and analyze the Judge's Decision Number 113/Pid.Sus/2021/PN Kpg in providing justice to the victim. This study uses a normative legal research type by examining laws and court decisions. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed descriptively qualitatively. The results of the study show that although the perpetrator was legally proven to have committed the crime of rape against his child, the panel of judges did not impose an additional sentence of one third of the main sentence which should have increased the sentence because the perpetrator was the biological father of the victim's child. In fact, the actus reus element has been fulfilled through the crime of rape committed by force, and mens rea has also been seen from the perpetrator's intention and knowledge of the victim's status as his biological child. The absence of an additional one-third sentence reflects that justice for child victims has not been fully fulfilled in providing protection for child victims.

Analisis Yuridis Turut Serta Melakukan Perkosaan Dan Pembunuhan Berencana(Studi Putusan Nomor 3/Pid.B/2017/PN.Cbn)

2026-05-18T06:27:17+00:00

Criminal acts committed together, such as ganging up, assault, rape, and premeditated murder, require separate proof of each element of the crime. Therefore, the author conducted this study with the following objectives: 1) To determine and analyze the judge's considerations regarding the criminal acts of participating in ganging up, assault, rape, and murder based on trial facts. 2) To determine and analyze the imposition of life imprisonment based on the purpose of sentencing. This study uses a normative legal research type by examining laws and court decisions. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials which are then analyzed descriptively qualitatively. The results of the study indicate that the panel of judges has actively considered the involvement of the defendant by paying attention to the elements of the criminal acts of rape and premeditated murder which have been proven through witness statements, evidence, and the defendant's statement. Although the elements of the crime of assault and assault have not been proven, the imposition of a life sentence does not reflect a balance between each of the crimes that have been proven, so that the objectives of punishment, both as retribution, general deterrence, and social rehabilitation, are not fully achieved.

Tinjuan Yuridis Terhadap Tindak Pidana Perdagangan Orang (Studi Kasus Putusan Nomor 178/Pid.Sus/2021/PN KPG)

2026-05-18T06:27:17+00:00

This research analyzes the juridical review of the crime of human trafficking, using the court decision Number 178/Pid.Sus/2021/PN KPG as a case study. The study focuses on two main aspects: (1) how criminal sanctions are applied to perpetrators of human trafficking, and (2) how the panel of judges considers legal reasoning in sentencing the perpetrator in this case. This research employs a normative-empirical juridical method. The data used are secondary data obtained through literature studies on relevant laws and court decisions.The findings show that the judge chose the third indictment to be applied to the defendant, which refers to Article 6 of Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking. The defendant was proven to have fulfilled all the elements of the crime. In their consideration, the panel of judges sentenced the defendant to five (5) years of imprisonment and ordered restitution of Rp500,000. However, the verdict reveals a discrepancy with Article 6 of Law Number 21 of 2007, which stipulates that imprisonment and fines are cumulative. In this case, the judge imposed only imprisonment without any fine. Therefore, in issuing a verdict, the panel of judges must thoroughly consider all aspects to avoid potential errors that could lead to injustice.

Analisis Kriminologis Terhadap Kasus Kawin Tangkap Pada Masyarakat Sumba Barat Daya (Studi Kasus di Polres Sumba Barat Daya)

2026-05-18T06:27:17+00:00

Capture marriage is a form of marriage in which a woman is kidnapped or forcibly captured to be made a wife. The capture marriage tradition is one of the customary laws of the Sumba community, East Nusa Tenggara (NTT). The purpose of this study was to determine (1) the factors causing the occurrence of capture marriage cases in the Southwest Sumba community, and (2) efforts to resolve capture marriage cases in the Southwest Sumba community. This type of research is empirical legal research or empirical juridical legal research. This approach uses a qualitative approach, namely research that intends to understand the phenomenon of what is experienced by the research subject. The causal factors come from external factors, namely factors originating from outside the perpetrator and internal factors, namely those originating from within the perpetrator. Settlement efforts use two settlement efforts, namely penal efforts or settlement using criminal law and non-penal efforts or settlement efforts outside of criminal law.

Analisi Yuridis Penerapan Asas Pemisahan Horisontal dan Pelekatan Vertikal Terhadap Peralihan Hak Atas Tanah Ditinjau dari Hukum Perdata

2026-05-18T06:27:18+00:00

The transfer of land rights in Indonesia is regulated by various legal principles which sometimes conflict, especially between the principle of horizontal separation and the principle of vertical attachment. This research aims to analyze the application of these two principles in the context of Indonesian civil and land law. The method used is a normative legal approach by analyzing statutory regulatory documents, court decisions and expert views. The research results show that the principle of horizontal separation, which divides rights to land and objects attached to it, is regulated in the Civil Code and the Basic Agrarian Law (UUPA). Meanwhile, the principle of vertical attachment, which views land and attached objects as one unit, is reflected in the Civil Code and several related laws and regulations. The application of these principles in the transfer of rights affects how buildings, plants and other objects attached to land are legally regulated. The principle of horizontal separation allows the transfer of land rights without having to transfer rights to the objects attached, while the principle of vertical attachment causes these objects to automatically transfer rights. This research concludes that Indonesian land law tends to adhere to the principle of horizontal separation, as reflected in the UUPA, which provides clear regulations regarding the legal relationship between land and the objects on it.

Analisis Perlindungan Hukum Terhadap Debitur Dalam Transaksi Pinjaman Online Di Aplikasi Adakami

2026-05-18T06:27:18+00:00

One of the innovations that emerged from this progress is the presence of online loan services. Effective and efficient online loan services provide convenience for people to access loan funds. The problem that often occurs is because high interest rates make it difficult for borrowers to pay off the debt, then get terror from debt collectors so that there are customers who prefer to end their lives. So the author conducted this study with the aim of: 1) To find out and analyze the legal protection provided to debtors in online loan transactions through the AdaKami application based on the laws and regulations in force in Indonesia. 2) To find out and analyze legal protection for debtors related to debt collection practices that carry out interest terror actions that are not in accordance with the contents of the agreement on the AdaKami application. This study uses a normative legal research type. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials which are then analyzed descriptively analytically. The results of the study show the existence of regulations governing the legal protection provided to debtors in online loan transactions and the lack of legal protection for debtors related to debt collection practices that carry out interest terror actions that are not in accordance with the contents of the agreement on the service.

Analisis Hukum Analisis Hukum Acara Pidana Terhadap Tanggung Jawab Penyidik Kepolisian Dalam Pengelolaan Barang Bukti (Studi kasus di POLRESTA Kupang Kota)

2026-05-18T06:27:19+00:00

The management of evidence is a crucial aspect within the criminal procedural law system, ensuring the legality and continuity of judicial processes. This study examines the implementation of evidence management at the Kupang City Police Resort (Polresta Kupang Kota) in accordance with the Indonesian Criminal Procedure Code (KUHAP) and relevant regulations, while analyzing the responsibilities of investigators in handling such evidence. Employing a juridical empirical methodology, the research integrates normative legal analysis with empirical data collection through interviews and document review.

Findings indicate that evidence management at Polresta Kupang Kota encounters significant challenges, including limited storage facilities, inadequate maintenance budgets, and predominantly manual administrative processes. The absence of a dedicated Standard Operating Procedure (SOP) for evidence management leads to inconsistent practices, potentially undermining the accountability and integrity of the evidence. Moreover, delays in administrative approvals, particularly for the destruction of perishable evidence, pose risks to evidentiary value and public safety.Consequently, the study recommends developing comprehensive SOPs, implementing digital record-keeping systems, and strengthening internal and external oversight mechanisms. These measures aim to enhance the efficiency, transparency, and legal compliance of evidence management processes, thereby safeguarding the rights of involved parties and upholding the rule of law within the criminal justice system.

Tantangan dan Hambatan Lembaga Perlindungan Saksi dan Korban (LPSK) Dalam Melaksanakan Tugasnya Di Kota Kupang

2026-05-18T06:27:19+00:00

The Witness and Victim Protection Agency (LPSK) has a role in the criminal justice system, especially in providing protection and assistance to witnesses and victims. This study aims to identify the challenges and obstacles faced by witness and victim protection institutions in carrying out their duties and to determine the efforts of witness and victim protection insititutions in overcoming the challenges and obstacles in carrying out their duties.The approach method used in this study is descriptive research with an indepth interview method with representatives of the Witness and Victim Protection Agency (LPSK) in Kupang City. This study explores various aspects that influence the effectiveness of the performance of the Witness and Victim Protection Agency (LPSK). The results of the study indicate that the main challengs faced by the Witness and Victim Protection Agency (LPSK) include limited budget or funds from the Witness and Victim Protection Agency (LPSK) available so that it affects professionsls in carrying out their duties and in handing cases there is a lack of personnel or Human Resources (HARI). The challenges and obstactels faced by the Witness and Victim Protection Agency (LPSK) in carrying out its duties in Kupang City indicate the need to actively increase publik awareness in supporting the protection of witnesses and victims, increase socialization and public understanding of the role and function of the witnesses and Victim Protection Agency (LPSK) and resources to optimize protection and recovery for witnesses and victims of criminal acts in the area.

Upaya Penyelesaian Pembunuhan Akibat Sengketa Tanah Ulayat Melalui Mekanisme Hukum Adat Di Wilayah Adonara Kabupaten Flores Timur

2026-05-18T06:27:19+00:00

This empirical legal research analyzes the causes and solutions to murder cases that occurred due to customary land conflicts in Adonara, East Flores, focusing on the dispute between Lewobunga and Lewonara Villages (2012) that has its roots since the 1930s. The findings show that there are five main causes: (1) unclear land boundaries caused by natural markers (such as trees or stones) that are not permanent, (2) differences in historical stories regarding ownership between the two villages, (3) lack of recognition of property rights from other parties, (4) inherited grudges that ignore the customary principle of tubak Belo (a duel that determines truth according to the religious values of Rera Wulan Tanah Ekan), and (5) low government involvement in mediation and boundary determination. Efforts to achieve resolution through customary law practices and the role of customary leaders as mediators are faced with various challenges: the community's belief that tubak Belo is a legitimate method, distrust of the formal legal system, and interference from outside parties. In conclusion, to achieve lasting peace, it is necessary to combine local wisdom (customs) with clear boundary enforcement by the government.

Harmonisasi Aturan WTO (World Trade Organization) Dengan Undang-Undang Nomor 3 Tahun 2020 tentang Pertambangan Mineral Dan Batu Bara Dalam Sengketa Ekspor Nikel: Studi Kasus Gugatan Uni Eropa Terhadap Indonesia

2026-05-18T06:27:20+00:00

: Indonesia's ban on nickel ore exports since 2020 has triggered a dispute with the European Union at the WTO, as it was deemed to violate Article XI:1 of the GATT 1994, which prohibits quantitative export restrictions. Indonesia argued that the policy aimed to protect natural resources and promote downstream industrialization for the prosperity of its people, as mandated by Article 33 paragraph (3) of the 1945 Constitution. This dispute highlights the tension between national sovereignty over natural resource management and international obligations within the global trade system. The WTO Panel ruled that Indonesia’s policy was inconsistent with the GATT, sparking debate over the fairness and flexibility of WTO rules for developing countries. This study aims to analyze two main issues: (1) The harmonization of WTO rules with Law No. 3 of 2020 in the context of the EU’s complaint, and (2) The impact of the WTO’s decision on Indonesia’s nickel ore export ban policy. The research method used is normative legal research with a qualitative approach based on literature study. The findings indicate that the WTO’s decision in case DS592, which favored the European Union, could potentially undermine Indonesia’s downstream strategy. However, due to the dysfunction of the Appellate Body following a U.S. blockade, the appeal process has been delayed, allowing Indonesia to maintain its export policy for now. If Indonesia wins the appeal, Law No. 3 of 2020 and Minister of Energy and Mineral Resources Regulation No. 11 of 2019 can remain in force. If it loses, the policy must be adjusted to align with GATT 1994, possibly through a limited quota system, progressive export taxes, or downstreaming incentives. Harmonizing policies is crucial to balance national interests with international obligations and to enhance the effectiveness of industrial downstreaming through selective policies and strict supervision.

Pertanggungjawaban Rusia dan Ukraina terhadap Penyerangan Pembangkit Listrik Tenaga Nuklir (Nuclear Power Plant) Zaporizhzia selama Konflik Bersenjata dalam Perspektif Hukum Internasional

2026-05-18T06:27:20+00:00

The attacks on the Zaporizhzia Nuclear Power Plant during the conflict between Russia and Ukraine, bring the world closer to nuclear accident. Russia successfully took control of this nuclear power plant, resulting in ongoing attacks and military activities around the facility. Both Russia and Ukraine accuse each other and refuse to acknowledge the mastermind behind the attack on the ZNPP. The research problem in this study is what is the responsibility of Russia and Ukraine regarding the attack on the ZNPP. The purpose of this research is to exemine, analyze, explain, and determine the accountability that can be imposed on Russia and Ukraine for the attack on the ZNPP. This research is normative juridical study conducted on the General Library of Nusa Cendana University, Kupang. There are books of humanitarian and international accountability that the author obtained there, which serve as references during research. Based on research findings, it has been determined that the attack on the ZNPP is clear violation of international law, particularly the rules of war outlined in the 1949 Genewa Conventions and additional protocol I of the 1977 Genewa Conventions. As a result, international accountability can be pursued through the Responsibility of State for Internationally Wrongful Acts Convention 2001. It would be better for Rusia and Ukraine to comply with international regulations, so nuclear at the Zaporizhzia Nuclear Power Plant is maintained and to immediately fulfill the forms of international accountability in accordance with applicable regulations.

Fungsi Pemerintah Desa Nekbaun Kecamatan Amarasi Barat Kabupaten Kupang Dalam Meningkatkan Kesejahteraan Masyarakat

2026-05-18T06:27:21+00:00

This study aims to analyze how the Nekbaun village governmet,Amarasi west –district,Kupang district, functions to improve the welfare of the community. This research focusse on two main questions:(1) How is the function of the Village Government regulated in improving the welfare of the Village community? and (2) How does the implementation of functions and obstacles faced by the Village government in improving the welfare of the Nekbaun Village community?This research is normative juridical legal research. Based on the results of research conducted by the author, it is known that The functions of the village government are generally divided into 3, namely the regulatory function, service function and empowerment function. the Nekbaun Village government continues to optimize the welfare of the Nekbaun village community both in terms of infrastructure and superstructure to improve neglected public services. However, in carrying out the function of improving the welfare of the community, it is inseparable from factors that hinder the process of implementing these functions. The obstacles experienced are in the form of physical obstacles, socio-cultural obstacles, education levels, and economic obstacles. This is what shows that welfare is not evenly distributed in the Nekbaun Community area. Therefore, the village government needs to pay more serious attention to the Nekbaun Village community with existing programs and the government is also expected to broadcast every program that has been implemented so that the program is run on target. In addition, about the importance of supporting and participating in implementing government programs to improve community welfare.

Tanggung Jawab Pt Pegadaian Terhadap Nasabah Saat Barang Jaminan Di Lelang Menurut Kuhperdata (Studi Kasus Di Pt Pegadaian Namosain Kupang)

2026-05-18T06:27:21+00:00

This study examines the responsibility of PT Pegadaian towards customer collateral when an auction occurs according to the Civil Code at PT Pegadaian UPC (Branch Service Unit) Namosain, Alak District, Kupang City. This study uses an empirical legal research method with a statutory approach and a conceptual approach. Data were obtained through observation, interviews, and literature studies. The results of this study indicate that (1) the pawnshop is responsible for carrying out the auction starting from the maintenance and storage of collateral and notification to customers that their credit is due until the auction notification. In addition, the form of responsibility of the pawnshop parties will provide the remaining auction proceeds to customers at PT. Pegadaian UPC (Branch Service Unit) Namosain, namely by handing over the remaining auction money to customers directly. (2) the legal consequence is that customers will lose their rights to their goods, where the pawnshop has the right to conduct an auction to pay off unpaid loans and other administrative costs, but customers still have the right to receive the remaining auction proceeds if there is an excess. Therefore, it is important for customers to read and understand the pawn provisions so as not to suffer losses due to lack of information.

Tinjauan Kriminologis Terhadap Faktor-Faktor Kasus Percobaan Pembunuhan Menggunakan Minuman Kopi Beracun Di Kota Kupang

2026-05-18T06:27:22+00:00

The attempted murder case using poisoned coffee drinks that occurred in Kupang City is a serious problem because the act was carried out secretly and can pose a great risk to the victim's safety. This case shows that there are several factors behind the perpetrator committing the act to the victim. So the author conducted this study with the aim of: (1) knowing and explaining the factors that encourage the occurrence of attempted murder cases using poisoned coffee drinks in Kupang City. (2) To find out and explain efforts to overcome attempted murder cases using poisoned coffee drinks in Kupang City. This study uses an empirical legal research type, data collected through document studies and interviews in the field with several sources, and is carried out based on a factual or real approach and through a statutory regulatory approach. Then analyzed descriptively qualitatively. The results of the study show that there are several factors that encourage the perpetrator to commit the attempted murder, both from internal and external factors, as well as penal and non-penal efforts made to overcome the crimes that occur. This study is expected to contribute to the development of strategies for preventing similar crimes and strengthening the criminal system in handling cases of attempted murder using poisoned coffee drinks.

Kelalaian Penyelenggara Yang Mengakibatkan Kecelakaan Dalam Road Race (Balap Motor) Di Kota Atambua Kabupaten Belu

2026-05-18T06:27:22+00:00

This research investigates the negligence of organizers that resulted in accidents during road race (motorcycle racing) events in Atambua City, Belu Regency. The study was prompted by a fatal incident during a practice session, where inadequate technical inspection led a participant to lose control and crash into spectators, causing severe injuries and one fatality. The aim is to examine the forms of negligence committed by organizers and their legal implications. Employing a socio-legal research method with an empirical juridical approach, data were collected through interviews and direct observation at the incident site. The findings reveal that the negligence included poor supervision of vehicle conditions, non-compliance with safety standards, and weak coordination—actions considered to violate legal norms. Legal enforcement involves investigation, administrative sanctions by regulatory bodies such as the Indonesian Motor Association (IMI), and the potential for criminal liability under Article 359 of the Indonesian Criminal Code (KUHP), which addresses negligence causing death or serious injury.

Kajian Hukum Pidana Penyalahgunaan Dana Gereja: Studi Kasus Kupang Timur

2026-05-18T06:27:23+00:00

Misuse of funds occurred in two churches with a difference in funds that could not be accounted for by the previous treasurer, and the takeover of the management of church construction funds by active military members. Based on these problems, this study aims to determine and understand the criminal acts that occur in the management of church funds, as well as the form of criminal responsibility carried out in the East Kupang Classis and the Imatha Yonif 743/PSY Naibonat Church. The type of research used is empirical legal research, through an approach that emphasizes legal analysis seen from social reality. This study not only examines the applicable written legal norms, but also examines the application of the law in society, especially in the misuse of church funds. Data were obtained directly from the research location through interview techniques with sources from the East Kupang Classis Congregation and the Imatha Yonif 743/PSY Naibonat Congregation. In addition, data were also obtained from reading several literatures that were in accordance with the problem, then analyzed descriptively qualitatively. The results of the study show that the settlement of the case against the two churches was carried out internally by providing compensation in the form of replacement money by the parties involved and the dismissal of active military members from their positions as deputy chairmen of the congregation council. Therefore, a firm legal strategy and internal church policy are needed to strengthen the integrity and transparency in the financial management of religious institutions.

Kajian Perbandingan Hukum Terhadap Larangan Perkawinan Hukum Adat Ana Wale Dan Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Di Kecamatan So’a Kabupaten Ngada)

2026-05-18T06:27:23+00:00

A comparison of the prohibition of marriage found in the Ana Wale Customary Law with the provisions of Law No. 1/1974 on Marriage, especially in the context of the community in So'a Subdistrict, Ngada Regency. Ana Wale customary law recognizes the prohibition of marriage with the Sengi tribe based on a hereditary customary agreement known as Tura Zazi or bloody oath, which arose from historical conflicts and aims to maintain social harmony. Meanwhile, the Marriage Law stipulates prohibitions based on blood relations, consanguinity, consanguinity, and religious rules. This research uses an empirical legal method with a qualitative approach through interviews and document studies. The results show that although there are similarities in the purpose of the prohibition, namely maintaining social and moral order, there are fundamental differences in the legal basis, the form of sanctions, and in the prohibition in the Ana Wale Customary Law there is an agreement stating that the two prohibited tribes are blood relatives not based on lineage but based on a customary agreement or oath. This research contributes to the understanding of harmonization between national law and customary law and becomes a reference in the preparation of policies that are culturally just.

Analisis Yuridis Pembelisan Dalam Perkawinan Adat Suku Kodi Kabupaten Sumba Barat Daya

2026-05-18T06:27:24+00:00

Sumba Island in East Nusa Tenggara consists of four districts, one of which is Southwest Sumba which is inhabited by the Kodi, Wewewa, and Laura tribes. The Sumba community still strongly adheres to customs, especially in traditional marriages known as belis, namely the giving of dowry from the man's family to the woman's family. In the Kodi tribe, belis consists of horses, buffaloes, machetes, spears, and mamoli, with horses and buffaloes being the most valuable, while pigs are only complementary. This tradition is a symbol of respect and unification of two families. However, now, there has been a shift in values, where the amount of belis is more influenced by the level of education of women, reflecting a change from traditional values to respect for education. The problems discussed in this journal are: (1) How are the Procedures for Buying in Traditional Marriages of the Kodi Tribe, Southwest Sumba Regency, NTT? and (2) What are the Obstacles or Constraints in the Implementation of Buying in Traditional Marriages of the Kodi Tribe, Southwest Sumba Regency, NTT? The research used is empirical legal research with data collection through interviews and literature studies. The results of the study show that Belis is a symbol of dignity and a form of respect for the woman's family, as well as the man's ability to fulfill the applicable customary responsibilities.

Implementasi Hukum Terhadap Tindak Pidana Ilegal Loging Di Kawasan Hutan Diklat Sisimeni Sanam

2026-05-18T06:27:24+00:00

jungle are a gift from God Almighty that must be appreciated by the Indonesian people. Sisimeni Sanam Training Forest is a forest area designated as a means and infrastructure for practice in supporting forestry training activities and as a natural laboratory for developing science and technology (Iptek) in the forestry sector. Various problems that occur must be handled properly, one of which is the case of illegal logging that often occurs. Therefore, the author is interested in researching cases of illegal logging that occur in the Sisimeni Sanam Training Forest. The formulation of the problem in this study is: (1). How is the application of law to cases of illegal logging crimes committed in the Sisimeni Sanam Training Forest area? (2). What are the obstacles faced by officers in handling illegal logging in the Sisimeni Sanam Training Forest area? This study uses an empirical legal research method, which was conducted at the Sisimeni Sanam KHDTK. This study uses an interview guide for two informants. Data are presented and analyzed in a qualitative descriptive manner. application of law by officers in providing a deterrent effect to perpetrators is quite effective in preventing similar actions from happening again. (2). Obstacles for officers in dealing with illegal logging, the obstacles faced by officers in dealing with illegal logging are caused by several factors, such as lack of transportation and the vast area of forest in the Sisimeni Sanam Training Forest, which is one of the obstacles for officers.

Keabsahan “Tungku” (Perkawinan Sedarah) di Kota Borong Kabupaten Manggarai Timur Nusa Tenggara Timur didalam Perspektif Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan dan Hukum Adat Manggarai

2026-05-18T06:27:24+00:00

Basically, marriage has a long term goalas desired by humans themselves in order to foster a harmonious, paeceful and happy life in an atmosphere of love from two types of creatures created by Allah. This paper uses a qualitative research that produces descriptive data in the form of written or spokenn words of people and observable behavior. The results of this study shows that one of the clashes was found in the encounter between Cathoilc marriage law and the marriage model in the Manggarai culture. Church law is in the context of Manggarai culture which has customary law about customary marriage. In the catholic chruch marriage law, one of the obstacles is if the couple has a blood relationship. The concept of Catholic religious marraige is very contrary to understanding of Tungku marriage in Mangarai culture. The model according to the religious law and belief of each party that carries of Tungku marriage is a form of marriage tradition. It can be concluded that consanguineous marriage (Tungku) have violated the provisions of Article 8 of Law Number 1 of 1974 which regalutes the prohibition of consanguineous marriage becaus there is still a blood relationship between siblings. And consanguineous marriage (Tungku) that have been carried out in the traditions of the Manggarai coumminity are considered valid according to the customary law of the Manggarai community.

Proses Penyelesaian Kenetu Bewoten Terhadap Pihak-Pihak Yang Bersengketa Menurut Adat Lamaholot Adonara Flores Timur

2026-05-18T06:27:25+00:00

Dispute resolution is not solely conducted through the state's formal legal channels, but is more often settled through customary mechanisms that prioritize family values and social balance. This study aims to understand and analyze the dispute resolution process according to Lamaholot customary law, the role of traditional leaders in resolving disputes, as well as the relevance and effectiveness of such customary law in the context of modern society. This research employs a qualitative method with a juridical-sociological approach. Data were obtained through literature review, in-depth interviews with traditional leaders and local community members, as well as direct observation of customary dispute resolution practices in accordance with Lamaholot traditions. The findings reveal that dispute resolution under Lamaholot customary law involves stages such as family deliberations, customary meetings, and ultimately, traditional peace rituals. The process is aimed at restoring social harmony and preserving the dignity of the disputing parties. It not only resolves the issues materially, but also addresses them morally and spiritually. The study concludes that Lamaholot customary law still holds strong normative authority and can coexist with the national legal system in resolving disputes. This customary law reflects local wisdom that must be preserved, maintained, and integrated into the development of an inclusive national legal system rooted in the cultural values of the community.

Akibat Hukum Atas Kelalaian Tenaga Kesehatan Dalam Memberikan Obat Kadaluarwarsa Di Kota Kupang

2026-05-18T06:27:25+00:00

Health law is needed to regulate health problems in order to create order in life, health law is all legal rules directly related to health maintenance and the application of rules and regulations in civil law instruments, criminal law, as long as these rules regulate legal relations in health care. There are still many problems related to health in Indonesia, one of which is health workers who give the wrong medicine to patients. Based on the above explanation, the author researched with the aim of (a) To find out the legal consequences of negligence of health workers in administering expired drugs b) To find out the imposition of legal sanctions from the Health Service to health workers who provide expired drugs in Kupang City.The research method used in this study is empirical juridical. In terms of this research, it is carried. The imposition of sanctions from the Health Office on health workers who provide expired drugs, sanctions applied to health workers or pharmacists who make mistakes or negligence in administering drugs so that patients or in this case consumers suffer material, physical losses and even death, then the sanctions that can be given are administrative sanctions in the form of reprimands until the freezing of health workers' permits then civil sanctions in the form of replacements losses in terms of unlawful acts and defaults, even criminal sanctions in the form of physical punishment, namely imprisonment for a certain period of time.