Artemis Law Journal https://ejurnal.undana.ac.id/index.php/alj <p><span style="font-weight: 400;">(</span><strong><em>Artemis Law Journal.</em></strong><strong>&nbsp;- ALJ</strong><span style="font-weight: 400;">) is a peer-reviewed journal published by the Faculty of Law Nusa Cendana University twice a year in May and November. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global knowledge exchange.&nbsp;</span></p> <p><span style="font-weight: 400;">The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Islamic Law, and another section related contemporary issues in law.</span><span style="font-weight: 400;"><br></span><span style="font-weight: 400;"><br></span><span style="font-weight: 400;">All papers submitted to this journal should be written in English or Indonesian language.</span></p> <p><strong>E-ISSN: 3030-9387&nbsp;</strong></p> Law Faculty, Nusa Cendana University en-US Artemis Law Journal 3030-9387 Analisis Kriminologi Tindak Pidana Pencurian Arus Listrik Oleh Pihak Keluarga (Studi Kasus Di Desa Mandeu Kecamatan Raimanuk Kabupaten Belu) https://ejurnal.undana.ac.id/index.php/alj/article/view/20774 <p><em>The research titled Criminological Analysis of the Crime of Electric Current Theft by the Family was conducted in Mandeu Village, Raimanuk District, Belu Regency. This study aimed to identify the causes of electricity theft by households and efforts to prevent and address it in Mandeu Village. The research method is observational, an empirical study to understand theories about the occurrence process and the workings of law in society. It is also descriptive-analytical, providing a clear and comprehensive picture of electricity theft by customers of PT PLN (Persero) Sub-Branch Halilulik and prevention efforts. The results show that perpetrators of electricity theft could be charged under Article 362 of the Criminal Code on theft. However, due to the existence of a specific law, Article 19 of Law No. 15 of 1985, updated by Law No. 30 of 2009 regulating electricity, it is more appropriate to apply the special rule, in line with the legal principle of&nbsp; lex specialis derogat legi generalis . Electricity theft in Mandeu Village is caused by several factors, including economic constraints, lack of legal awareness, and limited access to electricity. Prevention efforts include community education and stricter monitoring by authorities. In resolving cases, electricity theft is often not reported or taken to court but settled amicably at the scene to avoid conflicts between customers and P2TL officers. This approach aims to maintain social harmony while addressing the issue effectively.</em></p> Maria Madalena Alfes Jimmy Pello Ngongo Dede ##submission.copyrightStatement## 2025-03-18 2025-03-18 2 2 471 481 10.35508/alj.v2i2.20774 Peran Lembaga Pemasyarakatan Dalam Menanggulangi Kekerasan Yang Dilakukan Sesama Narapidana Di Lembaga Pemasyarakatan Kelas II A Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/20857 <p><em>Criminals with various backgrounds and levels of violent crime are in the same place, which causes the coaching process to not run as expected. Prison sentences have not been able to deter perpetrators of violent crimes. This can be proven by the increasing number of violent crimes that occur in prison environments. Activities in correctional institutions are not just to punish or guard prisoners but include a coaching process so that inmates realize their mistakes and improve themselves and do not repeat the crimes they have committed. The main problems of this research are (1) What are the factors causing violence between inmates in Class II A Kupang Penitentiary? (2) What is the role of the Penitentiary in overcoming violence between inmates in Class II A Kupang Penitentiary?. This type of research is Empirical legal research. The approach in this study is a qualitative descriptive approach. The location of the research that the author took was the Class II A Kupang Correctional Institution. The sources and types of data used are primary data and secondary data. Data collection techniques use interview techniques and literature studies. Data management and analysis in this study use qualitative descriptive analysis.</em></p> Selvia Enjelita Ludji Heryanto Amalo Deddy R. CH. Manafe ##submission.copyrightStatement## 2025-03-30 2025-03-30 2 2 482 494 10.35508/alj.v2i2.20857 Tanggung Jawab Orang Tua Atas Perbuatan Melawan Hukum Yang Dilakukan Oleh Anak Di Bawah Umur Menurut Hukum Perdata https://ejurnal.undana.ac.id/index.php/alj/article/view/21059 <p><em>Based on Article 1367 of the Civil Code, parents are responsible for the actions of minors, unless they can prove that they have provided sufficient supervision to prevent such actions. This principle is based on the concept of vicarious liability, which shifts legal responsibility from children to parents or those responsible for the care and development of children. The problems discussed in this journal are: (1) How is the responsibility of parents for unlawful acts committed by minors according to civil law? and (2) How are the settlement efforts applied when minors commit unlawful acts? The research used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that in cases of unlawful acts committed by minors, parents can be held civilly liable in the form of compensation to the victim. However, in practice, dispute resolution mechanisms are more often carried out through non-litigation approaches such as deliberation and mediation in order to avoid negative impacts on the child's psychological development. The study also found that although Indonesian civil law regulates parental responsibility, there are still challenges in proving adequate supervision and in ensuring a balance between protecting the rights of victims and the best interests of the child</em><em>.</em></p> Tiara Gracela Nunuhitu Yossie M Y Jacob Chatryen M Dju Bire ##submission.copyrightStatement## 2025-04-04 2025-04-04 2 2 495 510 10.35508/alj.v2i2.21059 Perlindungan Data Pribadi Pada Platform Digital Pinjaman Online Ditinjau Dari Undang-Undang Nomor 27 Tahun 2022 Tentang Perlindungan Data Pribadi (Studi Kasus Di Kota Kupang, NTT) https://ejurnal.undana.ac.id/index.php/alj/article/view/21070 <p><em>The protection of personal data on online lending digital platforms has become an increasingly important issue in line with the rapid development of information and communication technology. This study aims to analyze the legal protection of personal data in the context of online lending in Kupang City, East Nusa Tenggara, with reference to Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). The research method used is empirical law, with data collection through interviews and literature studies. The results show that although the PDP Law provides a clear legal framework, there are still weaknesses in its implementation, especially related to public awareness of their rights to personal data. Factors causing personal data leakage include internal weaknesses in data management by online loan providers, as well as external factors such as economic conditions and lack of education. This research recommends the need for a comprehensive approach that combines preventive and repressive efforts to improve personal data protection, as well as raising public awareness of the importance of data security. Thus, it is hoped that the protection of personal data can be guaranteed, support public trust, and encourage sustainable growth of the digital economy.</em></p> Maria Theresia Kim Yossie M Y Jacob Chatryen M Dju Bire ##submission.copyrightStatement## 2025-04-11 2025-04-11 2 2 511 526 10.35508/alj.v2i2.21070 Kajian Kriminologis Tentang Persetubuhan Dengan Anak Bedasarkan Undang-Undang Perlindungan Anak (Studi Kasus Kabupaten Alor) https://ejurnal.undana.ac.id/index.php/alj/article/view/21045 <p><em>Sexual intercourse is a sexual relationship between two people conducted with mutual consent. However, in the legal context, sexual intercourse can also refer to sexual relations between an adult and a minor who is considered unable to give valid consent. The results of this study indicate: (1) The factors influencing the occurrence of sexual intercourse with children are internal and external factors. The first internal factors are: (a) The psychological condition of the perpetrator, (b) The biological condition of the perpetrator, (c) The ability to manipulate psychologically and the perpetrator's speaking skills. The second external factors are: (a) The religious environment that is closed in supervision, (b) The misuse of status as a religious leader, (c) Modus operandi based on religious manipulation, (d) Lack of supervision of children, (e) The influence of pornography. (2) Efforts to tackle the crime of rape are carried out in three ways: (a) Preemptive efforts are made through socialization by the Binmas Unit, the formation of children's forums by the PPA Office, and legal education. (b) Preventive efforts are made through supervision by the PPA Reskrim Unit, the formation of the Child Protection Task Force, and cooperation with the Health Office and Hospitals for victim rehabilitation. (c) Repressive efforts are made through law enforcement by the PPA Reskrim Unit, victim assistance by the PPA Office, and the application of maximum punishment by the Kalabahi District Court.</em></p> Rahmawati Ahmad Rudepel Petrus Leo Adrianus Djara Dima ##submission.copyrightStatement## 2025-04-21 2025-04-21 2 2 527 543 10.35508/alj.v2i2.21045 Kajian Kriminologis tentang Kecenderungan Pelaku dalam Melakukan Kejahatan Berat yang Mengakibatkan Matinya Korban di Kota Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/21113 <p><em>This study examines the tendency of perpetrators to commit serious crimes that result in the death of victims in Kupang City, with the main focus on the crime of murder. Based on these problems, this study focuses on two main aspects, namely: (1) factors that cause someone to tend to commit the crime of murder, and (2) the role of the social environment and the legal system in influencing this tendency. This study uses an empirical research method with a qualitative approach. Data were obtained through documentation studies of court decisions, interviews with perpetrators of crimes at the Kupang Class IIA Penitentiary, and analysis of the factors causing the crime. The results of the study indicate that the tendency of someone to commit the crime of murder is influenced by various factors, including emotional drives, revenge, the influence of alcohol, and social and economic conditions. In addition, weak social control and a less supportive environment also contribute to the increased risk of someone committing serious crimes. Therefore, more effective prevention efforts are needed through social and legal approaches, including increasing legal education in the community, monitoring the factors that trigger crime, and strengthening the role of law enforcement officers in handling murder cases more optimally.</em></p> <p><em>&nbsp;</em></p> Jurondly Marcky Iverson Ga Deddy R Ch Manafe Adrianus Djara Dima ##submission.copyrightStatement## 2025-04-21 2025-04-21 2 2 544 554 10.35508/alj.v2i2.21113 Analisis Yuridis Jasa Pembuatan Skripsi Sebagai Tindak Pidana Akademis dan Etika Hukum https://ejurnal.undana.ac.id/index.php/alj/article/view/21057 <p><em>This study examines the legal analysis of thesis-writing services as an academic crime and legal ethics violation. The background of this research is based on the widespread practice of thesis-writing services that undermine academic integrity and contradict the principles of honesty in education. Based on this background, the study formulates two main issues: (1) What is the legal position of thesis-writing services from the perspective of criminal law and copyright law in Indonesia? (2) What are the legal responsibilities of thesis-writing service providers from the aspects of criminal law and legal ethics?.. The research method used is normative juridical research with a statute approach and a conceptual approach.The results indicate that the practice of thesis-writing services violates Law Number 28 of 2014 on Copyright, Law Number 20 of 2003 on the National Education System, and can be prosecuted under articles in the Indonesian Penal Code (KUHP) related to document forgery. From the perspective of legal ethics, this practice undermines academic honesty and fosters a culture of academic dishonesty. Therefore, stricter law enforcement and increased awareness of academic integrity are necessary to prevent this practice from spreading further.</em></p> Moreno Ariel Tuulima Rudepel Petrus Leo Bhisa Vitus Wilhelmus ##submission.copyrightStatement## 2025-04-21 2025-04-21 2 2 555 569 10.35508/alj.v2i2.21057 Penerapan Pidana Tambahan Berupa Uang Pengganti Dalam Perkara Tindak Pidana Korupsi Mantan Bupati Kabupaten Kupang Ibrahim Agustinus Medah (Putusan No.78/Pid.Sus-TPK/2021/PN. KPG) https://ejurnal.undana.ac.id/index.php/alj/article/view/21118 <p><em>This study examines the provisions of additional criminal penalties in the form of replacement money in the corruption case of the former Regent of Kupang Regency, Ibrahim Agustinus Medah, based on Decision No. 78/Pid.Sus-TPK/2021/PN.KPG. Based on these problems, this study focuses on two main aspects, namely how to apply additional criminal penalties in the form of replacement money in corruption crimes in accordance with applicable law. This study uses an empirical legal research method with a regulatory-statutory approach and a conceptual approach. The results of the study show that although additional criminal penalties in the form of replacement money have been regulated in the Indonesian criminal law system, their implementation still faces various obstacles. Some of the main obstacles found in this study include the difficulty of the process of proving assets that can be confiscated, the limited financial ability of the convict to pay replacement money, the slow process of executing the verdict, and the lack of effective supervision in the implementation of this additional penalty. Therefore, improvements are needed in the execution mechanism, increased transparency in law enforcement, and strengthened supervision and coordination between related institutions to increase the effectiveness of the application of additional criminal penalties in corruption cases.</em></p> Jeremy Alexander Sine Orpa Ganefo Manuain Rosalind Angel Fanggi ##submission.copyrightStatement## 2025-04-22 2025-04-22 2 2 570 582 10.35508/alj.v2i2.21118 Aspek Hukum Penanganan Masyarakat Terhadap Ancaman Air Limbah Ternak Babi (Studi Kasus Kelurahan Naibonat) https://ejurnal.undana.ac.id/index.php/alj/article/view/21179 <p><em>Animal husbandry, while boosting community income and welfare, can lead to environmental pollution if livestock waste isn't properly managed. Untreated solid and liquid waste can cause public health problems and environmental damage, including risks of avian influenza, air and water pollution, and increased fly populations. Effective waste management is crucial for prevention. This research investigates the legal aspects of community security against the threat of pig wastewater in Naibonat Village and the real legal actions available to those affected. Employing empirical legal research, the study examines how the law functions within the community through data analysis and qualitative description. The findings reveal that despite legal efforts, no breeders in Kupang Regency have faced trial for environmental pollution due to the absence of criminal sanctions. This lack of legal consequences means there is no deterrent effect, allowing this harmful behavior and environmental damage to continue in the region.</em></p> Winbert Julio Humau Jimmy Pello Debby F Ng Fallo ##submission.copyrightStatement## 2025-04-22 2025-04-22 2 2 583 599 10.35508/alj.v2i2.21179 Penguasaan Dan Penggunaan Tanah Oleh Warga Negara Asing Berdasarkan Perjanjian Sewa Menyewa Di Pulau Kepa Desa Alor Kecil Kecamatan Alor Barat Laut Kabupaten Alor https://ejurnal.undana.ac.id/index.php/alj/article/view/21209 <p><em>This study is an empirical research that aims to find out and analyze foreign countries based on lease agreements on Kepa Island, Alor Kecil Village, Alor Barat District, Alor Regency. This research was conducted on Kepa Island. The types of data used are primary data and secondary data. The data collection techniques used are through interviews and literature studies. The population in this study is the head of the land office, village head, foreign citizens, and local communities who make lease agreements with foreign citizens. The sample used in this study is a saturated sample technique with a total of 7 respondents. This study shows that the ownership and use of land by foreign nationals through lease agreements requires special attention in terms of regulations and their implementation to ensure that existing regulations can be optimized to support responsible and sustainable investment in the area so that national interests and community welfare are maintained. </em></p> Semi Yusup Tanhi Orpa J Nubatonis ##submission.copyrightStatement## 2025-04-28 2025-04-28 2 2 600 611 10.35508/alj.v2i2.21209 Tanggung Jawab PT Nusa Timor Perkasa Sebagai Developer Dalam Penjualan Rumah Melalui Kredit Pemilikan Rumah (KPR) Perumahan Nusa Persada Di Naioni Kota Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/21060 <p><em>Developers or what are known as housing development companies are companies engaged in housing development from various environmental infrastructure and social facilities needed by their residents. Housing is defined as a residential area equipped with public facilities and supporting infrastructure. Banking plays a role in providing financing facilities through Home Ownership Credit (KPR). KPR is a credit facility provided by banks for customers to buy or renovate a house. In its implementation, developers work with banks to facilitate public access to home ownership. This study discusses (1) the legal relationship of the parties in the sale of a house through Home Ownership Credit&nbsp; and (2) the developer's responsibility for the quality of the house building after the Home Ownership Credit&nbsp; agreement.This study is an empirical legal study with a qualitative descriptive method. The results of the study indicate that the legal relationship between the parties occurs since the signing of the agreement, namely the cooperation agreement between the developer and the bank, the sales and purchase agreement between the developer and the consumer, and the credit agreement between the bank and the consumer in accordance with Article 1320 of the Civil Code. The developer's responsibility is basically to complete the construction of the building, provide infrastructure, provide facilities, provide public utilities, take care of the distribution of certificates, and be responsible for the subsidized housing building after the credit agreement. The principle of responsibility applied by the developer to consumers is the principle of responsibility with limitations (limitation of liability).</em></p> Stefanus Asa Emuel Buraen Yossie M Y Jacob Husni Kusuma Dinata ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 612 625 10.35508/alj.v2i2.21060 Analisis Yuridis Pembatalan Akta Hibah Tanah Oleh Pengadilan Negeri Kupang (Studi Kasus Putusan Nomor 298/PDT.G/2021/PN/KUPANG) https://ejurnal.undana.ac.id/index.php/alj/article/view/21068 <p><em>Cancellation of a deed of gift has legal consequences that the assets that have been donated must be returned to the grantor, as regulated in Articles 1673 and 1674 of the Civil Code. The problem in this study is how are the considerations of the parties in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? And how are the considerations of the judge in the decision of the Case Study of Decision Number 298/pdt.g/2021/PN/Kupang? The type of research used is normative legal research by collecting, reading, tracing a number of library materials and analyzing Decision Number 298/pdt.g/2021/PN/Kupang. The results of this study show: (1) The considerations of the parties in this case the Plaintiff, Defendant and Co-Defendant I and Co-Defendant II each have strong reasons regarding their involvement in the land grant process until the issuance of the certificate, but from all the reasons put forward there are several irregularities that weaken the Defendant and Co-Defendant and (2) the basis for the judge's considerations in this decision is in accordance with the objectives of the law, namely Justice, Certainty and Benefit. Legal certainty has occurred after the deed of grant was issued in the name of the defendant, but the judge set aside the objective of legal certainty, but in this case the judge also took another objective, namely justice.</em></p> Ananda Pricely Rindang Neonufa Darius Mauritsius Husni Kusuma Dinata ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 626 639 10.35508/alj.v2i2.21068 Perlindungan Hukum Terhadap Anak Korban Perundungan (Bullying) https://ejurnal.undana.ac.id/index.php/alj/article/view/21180 <p><em>&nbsp;</em><em>Bullying&nbsp; prone to occur in the community, especially children, bullying occurs in various forms such as verbal, physical violence and also cyberbullying. In Indonesia&nbsp; the act of bullying&nbsp; is not explicitly regulated in legislation. The problem discuss in this research is how the legal arrangements for criminal acts of bullying against children according to Indonesian legislation and the form of legal protection for child victims of criminal acts of bullying. The aim is to be able to know and explain the legal arrangements&nbsp; of bullying against children and what forms of protection the law provides for child victims of bullying in Indonesian legislation.The researchers used normative research, wich uses a conceptual and legislative approach to describe and analyse the problems found. The results of this study indicate that&nbsp; act of bullying in criminal law is not specifically regulated, so&nbsp; it is necessary to pay attention to the type of bullying in order to determine the right laws and regulation. In terms of protection of &nbsp;bullying victims, criminal laws only regulate the victim's right to&nbsp; receive restitution or compensation, but do not regulate specific rights to the psychological protection of victims. From the research result, it can be concluded that bullying is generally defined as an act of violence which is then futher described into several forms of criminal acts in statutory provisions, so that in order to protect society from bullying,several legal protection efforts are made, including preventive, preemptive, and repressive legal protection.</em></p> Flora Apriliana Manilani Karolus Kopong Medan Rosalind A Fanggi ##submission.copyrightStatement## 2025-05-06 2025-05-06 2 2 640 651 10.35508/alj.v2i2.21180 Analisis Analisis Perlindungan Hukum Bagi Pelaku Usaha Rental Mobil Terhadap Resiko Penipuan Oleh Penyewa Di Kota Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/21256 <p><em>This study analyzes the legal protection available to car rental business actors in Kupang City against the risk of fraud by tenants. As demand for car rentals rises, business owners face growing challenges, including tenants failing to return vehicles, using fake identities, or returning cars late. Using empirical legal methods, the study identifies common fraudulent practices and highlights the increased vulnerability of business actors when rental agreements are made without formal contracts. The absence of clear legal documentation complicates efforts to seek compensation in cases of agreement violations. Several real-life cases show that fraud, such as theft or false damage claims, has caused significant financial losses. The study also explores legal remedies and preventive strategies, including using detailed rental contracts, verifying tenant identities, requiring advance payments, and installing GPS tracking systems in vehicles. Although current legal protections are generally sufficient, enforcement remains a key challenge. The study concludes that effective legal safeguards are crucial for the sustainability of car rental businesses. It recommends that business actors always use formal contracts and promote legal awareness among tenants. By doing so, they can better manage fraud risks and reduce potential losses. This research aims to contribute to both legal scholarship and practical improvements in the car rental industry, offering guidance to business actors in addressing the legal and operational risks associated with fraudulent rental&nbsp;practices.</em></p> Geraldy Hendriko Gracio Adoe Deddy Manafe sigit sonbait ##submission.copyrightStatement## 2025-05-07 2025-05-07 2 2 652 666 10.35508/alj.v2i2.21256 Penerapan Hukum Adat Terkait Sengketa Tanah Wida Antara Masyarakat Kampung Lawir Dan Masyarakat Kampung Kakor Kecamatan Langke Rembong Kabupaten Manggarai Nusa Tenggara Timur https://ejurnal.undana.ac.id/index.php/alj/article/view/21360 <p><em>This empirical legal research investigates a land dispute in Indonesia between the Lawir village community (descendants of Rona) and the Kakor village community (descendants of Wina), originating from a land grant to Wina upon her marriage. The study identifies the factors causing this potential conflict and examines the provisions of customary law in its resolution. Data was collected through interviews and literature review, and analyzed descriptively-qualitatively. The findings reveal that the dispute is triggered by the Kakor community's desire to sell the land, the absence of formal ownership documents, and the Lawir community's intent to reclaim the land for public facilities. The customary law resolution involves the Traditional Elder mediating through a process called "Leko wase." This process includes an offering ("kapu manuk lele tuak") followed by a ritualistic invocation ("kepok") and culminates in both parties jointly demarcating the land boundaries with symbolic markers. This study highlights the role of customary law in resolving land disputes in the absence of formal legal frameworks.</em></p> Maria Suryati Dorman Thoe Darius Mauritsius Chatryen M Dju Bire ##submission.copyrightStatement## 2025-05-07 2025-05-07 2 2 667 680 10.35508/alj.v2i2.21360 Kesadaran Hukum Masyarakat Dalam Pemanfaatan Lahan Pekarangan Di Kelurahan Oepura Kecamatan Maulafa Ditinjau Dari Peraturan Daerah Kota Kupang Nomor 7 Tahun 2000 Tentang Ruang Terbuka Hijau https://ejurnal.undana.ac.id/index.php/alj/article/view/21173 <p><em>Green open space (RTH) is part of the open spaces of an urban area filled with plants, vegetation, and vegetation to support the direct and indirect benefits generated by RTH in the city, namely security, comfort, welfare, and beauty of the urban area. The availability of green open space in Kupang City is categorized as sufficient. The Kupang City Government (Pemkot) issued Kupang City Regional Regulation Number 7 of 2000 concerning RTH and circulars for offices, private business actors and the general public, to provide land designated as parks or mini gardens in their respective yard areas. This study discusses (1.) How is the legal awareness of the community in the use of yard land based on Kupang City Regional Regulation Number 7 of 2000 concerning RTH? (2.) What are the factors that hinder the legal awareness of the community in the use of yard la? This research is a type of empirical legal research. The results of the study show that the level of legal awareness of the community in the Maulafa sub-district is measured using four indicators of legal awareness according to Soerjono Soekanto, namely legal knowledge, legal understanding, legal attitudes and legal behavior so that it can be concluded that the legal awareness of the community is still relatively low. Educational factors and economic factors are obstacles to the legal awareness of the community in the Oepura Sub-district.</em></p> Seprianus Aleksander Benu Yosef M Monteiro Megi O Radji ##submission.copyrightStatement## 2025-05-09 2025-05-09 2 2 681 698 10.35508/alj.v2i2.21173 Kekuatan Hukum Pembuktian Sertifikat Hak Milik Atas Tanah (Studi Kasus Putusan Pengadilan Negeri Rote Ndao Kelas II Nomor: 10/PDT.G/2022/PN RNO) https://ejurnal.undana.ac.id/index.php/alj/article/view/21174 <p><em>Land has an important role in human survival. To ensure legal certainty and protection for each person holding the relevant rights, it is necessary to prove ownership of land rights, namely Certificate of Ownership. But in fact, even land that has been certified can still be sued. This shows that the existence of land certificates has not fully guaranteed legal certainty and legal protection to the relevant right holders as in Decision Number: 10/Pdt.G/2022/PN Rno. This research is normative juridical research with a statutory approach, case approach and conceptual approach. The results of this research show: (1) That the Plaintiff in all the evidence that has been submitted cannot dispute the validity of the Certificate of Title Number: 537 of 2009 in the name of the Defendant, dated July 27, 2009, so that the Defendant's ownership of the disputed land is valid according to the law and the Certificate of Title has strong evidentiary power that is legally binding which has been reviewed according to the theory of evidence. (2) That the panel of judges examining and adjudicating this case has given a decision based on legal considerations that have the value of justice (ex aequo et bono) and contain legal certainty. In this case, the panel of judges decided that the Plaintiff's claim was rejected in its entirety and that the Defendant was entitled to the disputed land based on Certificate of Title Number: 537 of 2009 in the name of the Defendant, dated July 27, 2009.</em></p> Abigail Amelia Therik Yossie M Y Jacob Chatryen M Dju Bire ##submission.copyrightStatement## 2025-05-09 2025-05-09 2 2 699 714 10.35508/alj.v2i2.21174 Tugas & Fungsi Bbksda-Gakkum Klhk Dalam Proses Penanganan Tindak Pidana Perdagangan Satwa Yang Dilindungi Jenis Biawak Timor (Varanus Timorensis) & Ular Malkoti (Liasis Mackloti) Di Wilayah Nusa Tenggara Timur https://ejurnal.undana.ac.id/index.php/alj/article/view/21275 <p><em>The problem to be studied in this research is the process of handling criminal acts of trade in protected wildlife species, namely the Timor Monitor Lizard (Varanus Timorensis) and the Malkoti Snake (Liasis Mackloti) in the East Nusa Tenggara region. The role of the Institute for Conservation of Natural Resources and Ecosystems and the Environmental &amp; Forestry Law Enforcement and Security Center is to ensure the protection and management of natural resources and ecosystems, in the process of law enforcement against protected wildlife trade is as a place to deposit evidence, namely wildlife that has been secured from the hands of the perpetrators.</em> <em>This study is an empirical juridical research, utilizing both primary and secondary data sources. Primary data was gathered through interviews with relevant sources, while secondary data was collected by visiting locations to obtain the required information. Data were analyzed descriptively-qualitatively. The duties &amp; functions of BKSDA Gakkum-KLHK in the handling process are in accordance with the provisions of Article 21 paragraph (2) of the Law on Conservation of Living Natural Resources &amp; Ecosystems and Article 40 of Law No. 5 of 1990. Factors causing the occurrence of animal trafficking crime are caused by two factors, namely internal factors and external factors.</em></p> Agustine Cindy Tadon Rudepel Petrus Leo Bhisa Vitus Wilhelmus ##submission.copyrightStatement## 2025-05-09 2025-05-09 2 2 715 729 10.35508/alj.v2i2.21275 Implementasi Kewenangan Pemerintah Daerah Kabupaten Alor Dalam Upaya Perlindungan Mangrove Di Kecamatan Teluk Mutiara Berdasarkan Peraturan Bupati Alor Nomor 4 Tahun 2013 https://ejurnal.undana.ac.id/index.php/alj/article/view/21490 <p><em>government authority in mangrove protection efforts in Teluk Mutiara District, Alor Regency is needed because of the surrounding community's destruction of mangroves. This study uses an empirical method. The data collection techniques used are through interviews and literature studies. The purpose of this study was to determine the implementation of the authority of the Alor Regency Government in mangrove protection efforts. In efforts to protect mangrove forests, it consists of the authority of guidance and supervision, first guidance, guidance is carried out by conducting socialization about mangrove forests to the surrounding community and also students around the mangrove, monitoring or evaluation, planting mangroves and also conducting conservation training for young men and women to provide an understanding of the importance of conservation. Second Supervision, Supervision carried out by the government is still carried out by forming a supervisory team called PPNS (Civil Investigator Employees) whose duties include monitoring and evaluation, the government also forms POKMASWAS to assist the Government in terms of supervision, the factors that influence the authority of the Alor Regency government in mangrove protection efforts consist of internal factors and external factors. Internal factors consist of ASN authority, budget and resources, while external factors consist of land, community resources and also lack of community empowerment</em>.</p> Etvin Petrus Maara Norani Asnawi Yohanes Tuan ##submission.copyrightStatement## 2025-05-13 2025-05-13 2 2 730 744 10.35508/alj.v2i2.21490 Peran Tokoh Adat Dalam Menyelesaikan Konflik Keluarga Akibat Perselingkuhan Dan Penelantaran Anak Di Desa Pantae https://ejurnal.undana.ac.id/index.php/alj/article/view/21228 <p><em>The problems that occur in the lives of Indonesian society, one of which is in Pantae Village, Biboki Selatan District, North Central Timor Regency is the case of infidelity and child neglect. The formulation of the problem this study is: the purpose of this study 1. To determine the role of traditional leaders in resolving family conflicts due to infidelity and child neglect in Pantae Village. 2.&nbsp;To determine the factors that influence the effectiveness of the role of traditional leaders in resolving the conflict. This study is an empirical legal research, namely research based on applicable laws and regulations and data obtained in the field regarding the role of traditional leaders in resolving family conflicts due to infidelity and child. The results of this study indicate that the role of traditional leaders in resolving family conflicts due to infidelity and child neglect that occurred in Pantae Village, namely, (1) Reporting (2) Listening to statements from witnesses and perpetrators (3) Deliberation (4) Decisions and peace processes (5) Determination of customary sanctions for perpetrators. Factors that influence the effectiveness of the role of traditional leaders in resolving the conflict are, (1) Factors of limited human resources (2) Factors of changing times (3) Economic factors (4) Factors of massive early marriage in society. So it can be concluded that if traditional leaders have reached a decision, then the decision is considered valid and final and has legal force that can be accepted by all parties involved.</em></p> Ruslan Firdaus Kudu Bhisa Vitus Wilhelmus Ngongo Dede ##submission.copyrightStatement## 2025-05-13 2025-05-13 2 2 745 758 10.35508/alj.v2i2.21228 Faktor Penyebab Dan Upaya Penanggulangan Tindakan Main Hakim Sendiri (Eigenrichting) Di Kota Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/19717 <p><em>The main problems in this thesis are: (1) What are the factors that cause society to tend to take the law into their own hands (eigenrichting) in crime cases that occur in Kupang City? (2) What countermeasures are made so that society does not take the law into their own hands (eigenrichting) in crime cases that occur in Kupang City? The results of this study is: (1) There are six factors that cause people to tend to take the law into their own hands (eigenrichting) in criminal cases that occur in Kupang City. (2) Efforts made to prevent people from taking the law into their own hands (eigenrichting) in criminal cases that occur in Kupang City are: (a) Preemptive efforts, (b) preventive efforts and (c) repressive efforts. The author’s suggestions are: First, the government needs to continuously socialize the dangers of the tendency of people to take the law into their own hands (eigenrichting) in cases of crime that occur. Second, the government should enforce the law firmly against people who take the law into their own hands (eigenrichting) without discrimination. Third, the government needs to improve the quality and quantity of the facilities and infrastructure it has</em></p> Bryan Panduwal Rudepel Petrus Leo Orpa G Manuain ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 403 419 10.35508/alj.v2i2.19717 Pengaturan Penyebarluasan Pornografi Pada Media Sosial Ditinjau Dari Undang-Undang Informasi Dan Transaksi Elektronik https://ejurnal.undana.ac.id/index.php/alj/article/view/19930 <p><em>This study aims to analyze the regulation of pornography dissemination on social media under the Electronic Information and Transactions Law (EIT Law). In the digital era, technological advancements have brought both positive and negative impacts, including the dissemination of content violating social norms, such as pornography. This research adopts a normative juridical approach, focusing on the legal review of the EIT Law's application in addressing this issue.<strong>&nbsp;&nbsp;&nbsp;&nbsp; </strong>The findings reveal that the EIT Law, in its original form (Law Number 11 of 2008) and its subsequent amendments (Law Number 19 of 2016 and Law Number 1 of 2024), explicitly prohibits the dissemination of pornography through electronic systems. The amendments emphasize the responsibility of electronic system providers to remove illegal content and introduce stricter sanctions for offenders.Moreover, the study identifies challenges in implementation, such as low public legal awareness and technological limitations in detecting illegal content. This research provides recommendations for the government, electronic system providers, and the public to collaborate in creating a safer digital environment, particularly for children and teenagers. It is hoped that this study will contribute to the development of more effective legal policies in addressing the dissemination of pornography on social media.</em></p> Putri Yuniastini Petan Saryono Yohanes Cyrilius W T Lamataro ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 420 432 10.35508/alj.v2i2.19930 Peranan Kepolisian Dalam Penanggulangan Premanisme Dalam Bentuk Pemerasan Terhadap Pemilik Kios Dan Warung Di Kelurahan Liliba Kota Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/19514 <p><em>The role of the police in combating street crime, particularly extortion, is a crucial issue in maintaining public order and ensuring economic stability in Kupang City, Indonesia. This study focuses on the preventive and repressive measures implemented by the Kupang City Police to address extortion targeting kiosks and shop owners in Liliba Village. Using an empirical legal research method, data were collected through field observations and interviews with relevant stakeholders, including police officers and victims of extortion.&nbsp; The findings reveal that the Kupang City Police employ various strategies such as routine patrols, community engagement programs, and technology like CCTV to mitigate these criminal acts. Challenges faced include societal issues such as alcohol consumption, economic disparity, limited trust in law enforcement, and low legal awareness among residents. Despite these hurdles, implementing integrated law enforcement measures, supported by educational programs and technological advancements, has shown progress in reducing criminal activities.&nbsp; This study underscores the importance of collaboration between law enforcement agencies and the community to ensure sustainable crime prevention. Recommendations include strengthening patrols, enhancing community trust, and providing consistent legal education to effectively address societal and systemic challenges.</em></p> Muhammad A. M Sincan Daud Dima Tallo Heryanto Amalo ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 385 402 10.35508/alj.v2i2.19514 Analisis Kebijakan Perlindungan Konsumen Dalam Pelayanan Perumda Air Minum Di Kota Soe Kabupaten Timor Tengah Selatan https://ejurnal.undana.ac.id/index.php/alj/article/view/19966 <p><em>This Thesis is entitled “Analysis of the Effectiveness of Consumer Protection Policies in Drinking Water PERUMDA Services in Soe City, South Central Timor Regency” which aims to examine the implementation of consumer protection policies and the obstacles faced by consumer in fulfilling their rights. The research method use is an empirical legal study, with data collection techniques through interviews and questionnaires involving PERUMDA Air Minum employees and costumer. The result showed that the service standards of PERUMDA Air Minum of South Central Timor District in relation to consumer protection policies have been implemented well. However, there are still various challenges, this on known based on 6 indicators of questions given to consumer in the Soe City area showing results that such as water quality that is not up to standard and slow response to consumer complaints and various other technical services. Suqqestions include improving technical services, better socialization to consumers about their rights, and developing a more efficient complaints system. This research is expected to contribute to the improvement of drinking water service quality and consumer protection in the area.</em></p> Toni Welem Hotty Darius Mauritsius Helsina F Pello ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 456 470 10.35508/alj.v2i2.19966 Kesadaran Hukum Pengusaha Tahu Dalam Pengelolaan Air Limbah Roduksi Tahu Di Kota Kupang https://ejurnal.undana.ac.id/index.php/alj/article/view/20536 <p><em>In Indonesia, tofu is one of the most widely consumed foods by the Indonesian people with various variants circulating on the market such as tofu Sumedang, tofu content, tofu cakes and so on. This is what has resulted in the tofu industry experiencing significant development both from small and medium-scale industries Tofu processing will produce waste or there is waste that can be in the form of waste. Waste if not handled properly will cause pollution. In Indonesia, in fact, the development of the tofu industry is not followed by environmental awareness. The liquid waste is directly discharged into the riverbank so that it causes a decline and deterioration in the quality of river water, if the water is consumed it can cause health problems, because it creates a medium for the growth of disease germs or other germs that are detrimental to both the tofu product itself and the human body. Seeing this environmental phenomenon, legal awareness is the main highlight in it. Assessing a person's legal awareness, it is important to understand their knowledge, understanding, and acceptance of the law. A person's level of legal knowledge reflects their familiarity with legal principles and laws, while comprehension indicates their ability to interpret and apply this knowledge in practical situations. Additionally, acceptance indicates how well individuals accept legal norms and values in their social context. Together, these elements provide a comprehensive view of a person's legal awareness, influencing their behavior and interactions within the legal system.</em></p> Maria Henderika Arta Korin Jimmy Pello Rosalind A Fanggi ##submission.copyrightStatement## 2025-05-01 2025-05-01 2 2 433 455 10.35508/alj.v2i2.20536