Artemis Law Journal

Faktor Penyebab Dan Upaya Penanggulangan Kekerasan Yang Dilakukan Oleh Prajurit Tentara Nasional Indonesia Angkatan Darat Kodim 1603 Sikka

Agustina Durang — 2024-05-29

Criminal acts develop ini various types, among which are violence or persecution. Apart from the types as fo the perpetrator, it is not only a civilian but can be done by the Indonesian National Army. In this study, the main issue are: (1) What are the factors that cause Army soldiers of Kodim 1603 Sikka to commit violence? (2) what efforts can be made by law enforcement to overcome violence committed by Army Soldiers of Kodim 1603 Sikka? The purpose of this study is to find out and explain the factors that cause violence committed by soldiers of Army Kodim 1603 Sikka and to know and explain the efforts that law enforcement can make to overcome violence committed by Army Soldiers Of Kodim 1603 Sikka. This type of of research is empirical juridical by looking directly at the field. The result showed that: (1) factors causing soldiers Kodim 1603 Sikka to commit violence, namely Internal Factors inculding ego factors, morality factors and weak legal awareness factors. External Factors include target or target factors, weak factors at that time and the role of victims. (2) Efforts made by Kodim 1603 Sikka overcome violence committed by soldiers Kodim 1603 Sikka: (a) Preemptive efforts by conducting socialization to members. (b) Preventim efforts by carrying out routine Jamdan and conducting legal counseling. (c) Repressive efforts are by taking legal action. The author’s suggestion is that there needs to be increased control, law enfocement and supervision from superiors within the unit and outside the unit.

Tinjauan Yuridis Pelaksanaan Perjanjian Ekstradisi Indonesia-Malaysia (Studi Kasus: Djoko Soegiarto Tjandra)

Julio Benyamin Nuban — 2024-05-31

Corruption is a complex and common problem faced by all countries. It's about the side effects of corruption that can shake up a country's life. Extradition itself refers to the process of returning a suspect who has committed a crime abroad and wishes to return to his or her home country. The extradition case against Djoko Tjandra is therefore itself an example of extradition practice. The arrest and custody of Djoko S. Tjandra was made possible through the cooperation of the National Police and the Royal Malaysian Police. Kabareskrim Polri Argo Yuwono confirmed that the national police will make arrests, which has proven the existence of "P2P" (police to police). Based on the previous description, future researchers will be interested in discussing this issue in the form of a scientific paper titled "Legal Analysis of the Extradition Treaty between the Government of Indonesia and the Government of the Kingdom of Malaysia (Case Study: Joko Sugiarto Jandra)" The question of this study is: Between Indonesia and Malaysia in the case of Joko Jandra How is the extradition treaty enforced? The method used in this study is the normative legal research method. Normative legal research is literary legal research. In normative legal research, library materials are the basis data classified as secondary data in (scientific research). The extradition mechanism imposes very stringent and onerous requirements and restrictions in the process of handing over and handing over offenders, but precisely within the honorable and ideal position of the extradition agency as a legal institution for the elimination of international crime.

Pelaksanaan Eksekusi Barang Jaminan Pada PT. Nusa Surya Ciptadana Cabang Soe Dalam Perspektif Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

Dicky Kolodikson Selan — 2024-06-06

Consumer financing is an agreement between a finance company and a consumer. The existence of financing institutions in legislation number 42 of 1999 in relation to the provision of guarantees if consumers or debtors neglect obligations or default creditors can carry out execution of fiduciary collateral objects. However, in practice, in making withdrawals and sales, there is still often legal uncertainty and balance between the debtor's rights and creditors' benefits from the results of the execution of fiduciary guarantees. The benefit of the research is as a reference for writers and information for the public regarding the process of executing collateral, especially fiduciary guarantees. The results of this study show that the legal consequences that arise are that debtors who default due to creditor agreements have the right to take collateral and sell under the hands without the debtor's knowledge and are not notified of the proceeds of the sale of collateral resulting in legal uncertainty and imbalance between the debtor's rights and the benefits obtained by creditors.

Implementasi Peraturan Daerah Kota Kupang Nomor 7 Tahun 2015 Tentang Bangunan Gedung Studi Di Kecamatan Kelapa Lima Kota Kupang

Stiven Djara Djata — 2024-06-06

This research aims to find out to what extent the implementation of Kupang City Regional Regulation Number 7 of 2015 concerning Buildings, in Kelapa Lima District, Kupang City and what factors are obstacles to its implementation. The research method used in this research is Empirical Juridical, namely legal facts relating to matters relating to community members in implementing statutory regulations including Kupang City Regional Regulations which are the object of study in this research or certain situations, which give rise to gaps between das solen and das sein or between practice theory, ineffective application of law, deviant behavior or behavior, situations in people's lives that are starting to experience rapid transformational changes. The approach method used is a sociological juridical approach as well as a conceptual approach and the types of data used in this research are primary data (interviews), secondary (laws) and tertiary (dictionaries). The results of the research show that the implementation of concerning Buildings in Lasiana Village and Oesapa Village as a whole reached 60%. This indicates that the implementation of these regulations is quite good, although there are still 40% who do not use building permits. And the inhibiting factor is the low level of human resources and public legal awareness.

Pertanggungjawaban Pidana Terhadap Malpraktik Dalam Tindakan Medis Tanpa Izin (Studi Putusan Pengadilan Negeri Nomor: 109/PID.SUS/2019/PN KBU)

Sharul Mubarok — 2024-06-11

Decision Number 109/pid.sus/2019/pn kbu pertains to the sentencing of a health worker for unlicensed practice and malpractice resulting in death. Despite the severity of the offense, the judge imposed only a Rp20,000,000 fine. This decision raises questions regarding its alignment with the defendant's actions and the considerations guiding the judge's sentencing. The research, utilizing a normative juridical approach, analyzed primary, secondary, and tertiary legal materials. This method aims to uncover truth through legal logic from a normative perspective. Findings indicate that the judge's decision inadequately reflects the gravity of the defendant's actions. Apart from operating without a license, the defendant's negligence led to substandard medical practices resulting in death. However, the judge dismissed the element of negligence causing death, citing the need for proof of the causal relationship between the defendant's actions and the victim's demise. The prosecution should have presented forensic autopsy evidence to establish this link. Furthermore, the judge should have considered non-juridical factors such as justice, legal certainty, and public safety in sentencing the defendant.

Perlindungan Hukum Dalam Kasus Anak Korban Kekerasan Seksual Oleh Ayah Kandung Di Wilayah Hukum Kepolisian Resort Kupang Kota

Marrya Martha Bengngu — 2024-06-11

Children are a mandate from God whose human rights are regulated in the Constitution of the Republic of Indonesia Year 1945. This needs special attention from all circles, especially law enforcement. The formulation of this research problem is: (1). How are leegal proteection eforts for cases of child victims of sexual intercourse by biological father perpetators at the Kupang City Resort Police. (2). What are the obstacles faced by law enforcement officials in providing legal protection to child victims of sexual intercourse by biological father perpetrators at the Kupang City Resort Police. This research is an empirical legal research, with data collection techniques through interviews with 2 information respondents. The types of data used are primary and secondary data using collection techniques are interviews and literature studies that are processed and analyzed descriptively quantitatively. The results showed: (1). Legal protection efforts against cases of child victims of sexual intercourse by perpetrators of biological fathers at the Kupang City Resort Police are preventive protection efforts and repressive protection efforts. (2). The obstacles faced by law enforcement officials in providing legal protection to children with sexual intercourse by perpetrators of biological fathers in the Kupang City Resort Police are caused by infrastructure and community factors. The conclusion of this study is that legal protection efforts against cases of sexual intercourse by perpetrators of biological fathers in the Kupang City Resort Police have been running both Preventive and Repressive efforts, but there are still two obstacles to facilties and infrastructure and the community.

Pelaksanaan Tugas Disperindag Dalam Melakukan Pengawasan Minuman Beralkohol Berdasarkan Perda Kota Kupang Nomor 12 Tahun 2016

Indra Apriliando Nafie — 2024-06-11

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

Pelaksanaan Fungsi Dinas Penanaman Modal dan PelayananTerpadu Satu Pintu Kota Kupang Dalam Penyelenggaraan Persetujuan Bangunan Gedung Di Kota Kupang Di Tinjau Dari Peraturan Walikota Nomor 50 Tahun 2021 Tentang Kedudukan, Susunan Organisasi, Tugas Dan Fu

Rally Sunardo Djami — 2024-06-20

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

Kekerasan Seksual Terhadap Warga Sipil Dalam Konflik Antara Rusia Dan Ukraina Ditinjau Dari Hukum Humaniter Internasional

Setya Andhini Ariwati — 2024-06-25

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

Penanggulangan Tindak Pidana Cyberbullying Terhadap Anak Di Indonesia Perspektif Sistem Hukum Lawrence Meir Friedman

Marlan Pian — 2024-06-25

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

Peran Dan Faktor Penghambat Dalam Penegakan Hukum Terhadap Pidana Pemerkosaan Oleh Anggota Keluarga Di Wilayah Hukum Kepolisian Resor Kupang Kota

Geraldo Yoseprinus Benu — 2024-08-19

Home should be the safest place for girls, but instead it is the safest location for perpetrators who carry out devious acts. The rape case committed by a family member occurred in the jurisdiction of the Kupang City Police. ADR was a victim of sexual intercourse and sexual violence with SDR's biological father from July 2004 to April 2014, causing a lot of suffering for the victim, both physical and psychological. Following the main duties of the Indonesian National Police as regulated in Article 13 of Law Number 2 of 2002. Bareskrim Polri as a government institution is the most appropriate institution to answer problems regarding the effectiveness of the role of the police. Investigators and the obstacles investigators face. The police force in enforcing the law against criminals was designed by family members at the Kupang City Police. The results of the research show that the effective role of a police investigator is the role expected by the investigator, the role given and the role of the police investigator. Obstacles to law enforcement for perpetrators of criminal acts of fraud by family members are: legal factors, law enforcement, means and facilities, and culture. It was concluded that the effective role of Kupang City Police investigators' duties is: Receiving reports, Investigation, Collection of evidence, Examination of witnesses and victims, Coordination with related parties and Assistance to victims. Meanwhile, the obstacles faced are community factors and cultural factors.

Kajian Yuridis Terhadap Pertimbangan Hakim Dalam Tindak Pidana Pemerasan Terhadap Pengusaha Real Estate Indonesia (REI) di Provinsi Nusa Tenggara Timur (Studi Kasus Putusan Pengadilan Negeri Kelas IA Kupang Nomor : 40/Pid.Sus/2022/PN.Kpg)

Samantha Ysmiralda — 2024-09-18

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

Faktor Penyebab Masyarakat Waiburak Tidak Mengurus Sertifikat Tanah Di Desa Waiburak Kecamatan Adonara Timur

Inna Maria Meylliani Boy Muda — 2024-10-16

According to the Agrarian Constitution and Leverage Regulation Number 24 of 1997, there are still many people, especially in Waiburak Village, who have taken their land certificates. This research is an empirical legal research. The factors that cause the Waiburak people to not care about land certificates are limited costs, problematic land, and also the lack of public awareness of the importance of land certificates. If these factors can be well minimized, then this ensures the validity of the ownership, and prevents disputes. (2) Because the law of the waiburak community does not take care of land certificates, legal uncertainty, difficulties in buying and selling transactions. The factors that cause the Waiburak community not to take care of land certificates are limited costs, land that is still problematic, lack of knowledge and public awareness about the importance of certificates. (2) Because the law of the Waiburak community does not take care of land certificates, legal uncertainty, difficulties in buying and selling transactions. The author's suggestion is that the government is expected to be more active in conducting intensive socialization related to the importance of land certificates as proof of legality, and to the community, to be more active in participating in socialization activities in order to get a better understanding of the procedures and importance of land certificates and the benefits of managing land certificates.

Pelaksanaan Perjanjian Dan Akibat Hukum Dari Sewa Menyewa Rumah Dinas Milik Pemerintah Kabupaten Timor Tengah Selatan Ditinjau Dari Kitab Undang-Undang Hukum Perdata

Fahry Fausi Sakeh — 2024-10-18

The purpose of this study is to determine the implementation and legal consequences of the official residence rental agreement owned by the South Central Timor Regency Government. The type of research used is Empirical Law research, the type of data used in this study is qualitative. The data used in the study is based on the relevance of the source data, namely primary and secondary data. The results of this study suggest that in the implementation of the official residence rental agreement there is no contract agreement between the occupant of the official residence as the tenant and the Regional Government as the owner of the official residence. The tenant of the official residence only gets a Regent's Decree without any other documents. In terms of the contract agreement between the 2 parties, the legal force is not strong because the basis for the lease is only the Regent's Decree. The Regent's Decree is not an agreement document, but the Regent's Decree is a state administrative document. The impact of the absence of a contract is that many residents of the official residence have many arrears

Analisis Yuridis Pelanggaran Asas Itikad Baik Dalam Penggunaan Merek Berdasarkan Undang-Undang Merek Dan Indikasi Geografis & Studi Kasus Putusan MA NO.8/PK/PDT.SUS-HKI/2020

Carmela Modesti Sonya Manlea — 2024-10-21

This study analyzes the violation of the principle of good faith in trademark usage based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications, focusing on the Supreme Court's decision No. 8/Pk/Pdt.Sus-HKI/2020. The principle of good faith is a fundamental concept in trademark law aimed at preventing the misuse of trademark rights, particularly in the unauthorized registration and usage of trademarks. In this case, the Supreme Court examined the actions of a party deemed to have used a trademark in bad faith by copying or duplicating a well-known mark for personal gain. This research employs a normative juridical method, using a statutory and case-based approach. The analysis reveals that violations of good faith in trademark usage can harm legitimate trademark owners and breach existing legal provisions in Indonesia. The Supreme Court's ruling provides significant guidance on the application of the good faith principle in trademark protection and underscores the importance of honesty and transparency in trademark registration.

Kekuatan Sertifikat Hak Milik Sebagai Jaminan Kredit di BRI Unit Halilulik Desa Naitumu Kecamatan Tasifeto Barat Kabupaten Belu

Hildegard Blinda Lestari Bone Lau — 2024-10-26

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

Tanggung Jawab Pelaku Usaha Rokok Yang Tidak Mencantumkan Informasi Dan Peringatan Kesehatan Ditinjau Dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

Andre Salukh — 2024-10-30

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

Tinjauan Hukum Terhadap Kontrak Kerja Guru Honorer Ditinjau Dari Undang-Undang Nomor 14 Tahun 2005 Tentang Guru Dan Dosen Di SMAN 2 Kota Kupang

Azarya Syalom Dally — 2024-11-01

This thesis examines the legal review of contracts for honorary teachers based on Law Number 14 of 2005 concerning Teachers and Lecturers. The study aims to identify and analyze the existence and legal implications of contracts entered into by honorary teachers, as well as their compliance with applicable regulations. The research employs a qualitative approach, utilizing document analysis and interviews with relevant parties, such as honorary teachers, school principals, and education law experts. The findings indicate that contracts for honorary teachers often do not meet the legal requirements established by the law, including basic rights, job protection, and employment status certainty. This study recommends the need for regulatory revisions and improved oversight of honorary teacher contracts to ensure fairness and the protection of their rights within the education system.