Petitum Law Journal

PEMBERIAN PIDANA DENDA SEBAGAI PIDANA YANG DAPAT DISUBSIDERKAN DALAM PERKARA TINDAK PIDANA KORUPSI DITINJAU DARI ASPEK TUJUAN PEMIDANAAN (STUDI PUTUSAN NOMOR 57/PID.SUS-TPK/2023/PN KPG)

Yanuarius Maria Gole Duan, Orpa G Manuain, Heryanto Amalo — Fri, 01 May 2026 00:00:00 +0000

This study examines the inconsistencies in the application of fines that can be changed to imprisonment in corruption cases, by utilizing the theory of combined punishment that includes retaliation, prevention, and rehabilitation. This study focuses on Decision Number 57/Pid. Sus-TPK/2023/PN Kpg, in which the defendant Bernadus S. Atawolo was sentenced to a fine of fifty million rupiah (Rp 50,000,000), which was changed to a prison sentence of six months. This decision is problematic because it does not reflect the seriousness of the crime of corruption and the losses caused to state finances. Many perpetrators of crimes prefer to serve prison sentences rather than pay fines, which in turn reduces the deterrent effect and damages public trust. Legally, this replacement shows an inconsistency between the general provisions in the Criminal Code and the lack of stricter rules in Law Number 31 of 1999 in conjunction with. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. This study suggests the need for reform of the Tipikor Law by eliminating substitute sentences that are too light and replacing them with prison sentences that are commensurate with state losses. Referring to Article 79 of Law Number 1 of 2023 concerning the New Criminal Code, the regulation must ensure that fines cannot be easily avoided and make a significant contribution to asset recovery. This normative legal research applies legal case analysis and statutory interpretation.

TINJAUAN YURIDIS PELAKSANAAN PERJANJIAN JUAL BELI TENAGA LISTRIK ANTARA KONSUMEN DENGAN PT. PLN (PERSERO) DI WILAYAH KOTA KUPANG

Maria Gabriella Kuma Namang, Orpa Juliana Nubatonis, Husni Kusuma Dinata — Fri, 01 May 2026 00:00:00 +0000

This study explores the implementation of electricity sales contracts between PT. PLN (Persero) and customers in Kupang City from a legal perspective, with an emphasis on the types of default and how to resolve conflicts. Using empirical methods including interviews with PLN employees and customers and document analysis (SPJBTL, Electricity Law, Civil Code), the results obtained indicate that the contracts used are standard and unilateral, resulting in an imbalance between rights and obligations. Customers often commit defaults such as late payments, bill deletions, and energy theft (there were 25 cases), which were caused by economic factors and disputes over assets. PT. PLN addresses this problem through a tiered Electricity Usage Control mechanism: giving warnings, imposing fines, disconnecting connections, and meetings to discuss sanction relief. Although the contract is considered valid according to Article 1320 of the Civil Code, the dominance of clauses by PLN can cause injustice to consumers, so strengthening the negotiation aspect in the contract is very necessary.

HAMBATAN PENERAPAN SANKSI PIDANA TERHADAP PELAKU PEMBUANGAN SAMPAH TIDAK PADA TEMPATNYA DI KABUPATEN TIMOR TENGAH SELATAN

Maria E. Y. W. Napa, Jimmy Pello, Bhisa Vitus Wilhelmus — Fri, 01 May 2026 00:00:00 +0000

This study explores the challenges in implementing criminal sanctions against individuals who litter in Soe City, South Central Timor Regency, which is based on Regional Regulation Number 4 of 2018 concerning Waste Management. The method applied in this study is empirical law with the use of a qualitative approach, involving structured interviews with government officials, police, and the community, as well as field observations and document analysis. The results of this study found six factors that hinder implementation: (1) weak law enforcement by the Department of Environment, Civil Service Police Unit, and South Central Timor Police who prefer persuasive methods; (2) inadequate infrastructure, where only 12 of the 44 landfills are operational; (3) low levels of legal awareness among the community; (4) cultural habits such as the practice of burning waste; (5) lack of coordination between institutions; and (6) instability in the application of administrative sanctions as an initial step before criminal sanctions. This study also discusses the types of administrative sanctions (such as warnings, fines, and permit revocation) and criminal sanctions (six months imprisonment or a fine of IDR 50 million) contained in the regulation, as well as the differences between existing provisions and practices in the field. The findings of this study demonstrate the importance of combining strong law enforcement, capacity building of officers, infrastructure improvements, and local culture-based educational approaches to address the waste problem comprehensively.

PELAKSANAAN FUNGSI PEMERINTAH DESA DALAM PEMBERDAYAAN MASYARAKAT MELALUI PROGRAM TENUN IKAT (STUDI DESA GAYAK, DESA HARUBALA DAN DESA NOBO KECAMATAN ILEBOLENG KABUPATEN FLORES TIMUR)

Selviana Barek Boro, Rafael Rape Tupen, Hernimus Ratu Udju — Fri, 01 May 2026 00:00:00 +0000

This study examines the role of village government in empowering communities through the ikat weaving program in Harubala, Gayak, and Nobo Villages (East Flores). Findings indicate a mismatch in policy implementation: Gayak and Nobo Villages provide budget support and form groups, despite not having specific Village Regulations, while Harubala does not make this program a priority in the RPJMDes/RKPDes. Several major inhibiting factors include: (1) The quality of human resources in village officials (most of whom have a high school education) who are inadequate in formulating policies, understanding regulations (e.g. HAKI), and providing support; (2) Marketing constraints (depending on the local market, lack of use of digital technology, and competition between villages); and (3) Inadequate infrastructure (no weaving houses and limited production tools). The impact of empowerment was only felt significantly in Gayak with an increase in women's income, while the program in Harubala and Nobo stagnated or stopped. To optimize the role of the village government, there needs to be strengthening of subsidiarity-based policies, increasing human resource capacity, providing strategic facilities, and integrating modern marketing so that cultural potential can be transformed into a sustainable economic basis.

KEABSAHAN PERJANJIAN JUAL BELI TANAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI PUTUSAN NOMOR: 15/PDT.G/2020/PN KFM)

Intan Thesalin Konay, Darius Mauritsius, Husni Kusuma Dinata — Fri, 01 May 2026 00:00:00 +0000

This study examines the validity of an oral land sale and purchase agreement in the Kefamenanu District Court Decision Number 15/Pdt. G/2020/PN Kfm. Normatively, the relationship between the Plaintiff and the late Yacob Maniagala has met the requirements for a valid agreement in accordance with Article 1320 of the Civil Code, which includes the consent of all parties, legal capacity, clear objects, and legitimate purposes. However, the panel of judges rejected the application on the grounds that: the purchase receipt was considered unilateral because it was only signed by the seller without involving authorized officials such as PPAT or Lurah; the transaction violated the provisions of Article 37 of Government Regulation Number 24 of 1997 which requires a Land Deed Official, deed for the transfer of land rights; and factual ownership for nine years is not considered valid evidence without a land title certificate. This decision shows a striking difference between civil law recognition of oral agreements and agrarian lawsuits related to administrative formalities. Even though the procedures have been met, there is still substantive injustice to buyers in good faith. Thus, this study encourages the need for reform in the land registration system to accommodate informal sales practices that often occur in society.

PENGATURAN DAN IMPLEMENTASI PELAYANAN DINAS SOSIAL TERHADAP FAKIR MISKIN DI KABUPATEN LEMBATA

Yohanes Paulus Sengaji Witak, Hernimus Ratu Udju, Megi O Radji — Fri, 01 May 2026 00:00:00 +0000

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

URGENSI KETERBUKAAN INFORMASI PUBLIK DI PROVINSI NUSA TENGGARA TIMUR BERDASARKAN PRINSIP GOOD GOVERNANCE DALAM PERSPEKTIF HUKUM TATA NEGARA

Jimmy Juandi Tinenti, Saryono Yohanes, Hernimus Ratu Udju — Fri, 01 May 2026 00:00:00 +0000

Public information disclosure is a principle underlying public access to information produced or owned by public bodies. In practical reality, although there are regulations and provisions governing public information disclosure, there are still many public bodies in East Nusa Tenggara that have not fulfilled their obligations to provide adequate information to the public. Therefore, the formulation of the problem in this study is how urgent is the public information disclosure in East Nusa Tenggara Province and how is the application of the principle of good governance in constitutional law to the urgency of public information disclosure in East Nusa Tenggara Province. This research is a Juridical-Normative research using Juridical-Normative analysis techniques. The results of the study show that the urgency of public information disclosure in East Nusa Tenggara Province is increasingly apparent, although the Public Information Openness Index score increased in 2023, the impact has not been significant on socio-economic improvements such as poverty rates and the Human Development Index (HDI). The principles of good governance, including transparency, accountability, and professionalism, are key to optimizing public information management. Challenges such as low professionalism in Regional Apparatus Organizations and lack of accountability need to be addressed through training, improving the monitoring system, adopting technology, and aligning local regulations with national standards. These efforts will support the creation of an effective, responsive, and participatory government in inclusive and sustainable development.

PRODUKTIVITAS KINERJA DEWAN PERWAKILAN RAKYAT DAERAH KOTA KUPANG DALAM MELAKSANAKAN FUNGSI PENGAWASAN DI KOTA KUPANG

Salsa Dianprima Tonubessi, Saryono Yohanes, Hernimus Ratu Udju — Fri, 01 May 2026 00:00:00 +0000

Since 2020 until now, the world, including the City of Kupang, has been hit by the spread of corona virus disease 2019 which does not yet appear to be over and requires enormous attention and budget to carry out efforts to overcome it. The research in this thesis discusses the productivity of the supervisory performance of the Kupang City Regional People's Representative Assembly in dealing with corona virus disease 2019 in Kupang City.The method used by the author is a normative juridical research method using a case methodology. The findings of this research suggest that the Kupang City Regional Representative Council in carrying out its supervisory function, including in handling corona virus disease 2019 in Kupang City, continues to use its authority and function normatively, by tightening oversight so that all corona virus disease 2019 countermeasures policies in Kupang City can run as they should and can more effective in controlling the spread of corona virus disease 2019 in Kupang City.

ANALISIS YURIDIS STATUS KEPEMILIKAN TANAH YANG DISENGKETAKAN OLEH PARA PIHAK DITINJAU DARI HUKUM ADAT DI DESA WONDA, KECAMATAN NDORI, KABUPATEN ENDE

Maria Rosalia Sopi, Yossie M Y Jacob, Rini Marselin Kaesmetan — Fri, 01 May 2026 00:00:00 +0000

This study aims to analyze the legal status of customary land ownership disputed by conflicting parties in Wonda Village, Ndori Subdistrict, Ende Regency, from the perspective of customary law. The background of the issue is a land dispute involving church representatives and members of a traditional clan over land located behind a church building. The research uses an empirical legal research method with data obtained through interviews, documentation, and literature review. The findings reveal that the primary cause of the dispute is a lack of communication and legal certainty regarding the status of the land, which is rooted in customary inheritance patterns and oral agreements. Furthermore, the absence of written proof of ownership has exacerbated the conflict between the parties. From a positive legal perspective, land ownership must be registered to obtain legal certainty. However, customary law recognizes land based on ancestral inheritance, even without official documentation. The resolution process involved mediation, but challenges arose due to conflicting historical claims and the absence of oath-taking customary procedures. The study concludes that there is an urgent need to harmonize customary and positive legal systems to prevent future land disputes and ensure protection for both communal and individual rights.

TUGAS BADAN PENGAWAS PEMILIHAN UMUM KOTA KUPANG DALAM PENGAWASAN DESAIN BALIHO CALON LEGISLATIF PADA PEMILU 2024-2029

Imanuel V Listanto, Josef M Monteiro, Mario A Lawung — Fri, 01 May 2026 00:00:00 +0000

This research explores the implementation of supervisory duties carried out by Bawaslu Kupang City in monitoring the design of campaign billboards used by legislative candidates during the 2024–2029 general election period. The study adopts an empirical legal approach with socio-legal and statutory methods, involving interviews and document analysis. The findings indicate that Bawaslu plays a crucial role in ensuring the design, placement, and content of billboards comply with electoral regulations. However, the supervision process faces challenges such as limited human resources and inadequate use of technology. In addition, violations often occur due to deliberate actions by candidates or teams, seeking political visibility. This study concludes that strengthening institutional capacity, public awareness, and stricter law enforcement are essential to improve the quality of democratic elections.

SEBAB-SEBAB DAN UPAYA HUKUM DISKRIMINATIF DALAM KASUS KORUPSI TERHADAP PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 2573 K/Pid.Sus/2021 SERTA NOMOR 2451 K/ Pid.Sus/2021

Maria Oktaviani Padur, Aksi Sinurat, Rudepel Petrus Leo — Fri, 01 May 2026 00:00:00 +0000

In practice, judicial decisions in corruption cases often reflect discriminatory patterns in sentencing. This study aims to determine and analyze the causal factors or reasons for criminal discrimination in corruption cases Number 2573 K/Pid.Sus/2021 and Number 2451 K/Pid.Sus/2021 at the Supreme Court of the Republic of Indonesia, and to analyze the legal efforts that can be taken by the Public Prosecutor for criminal discrimination in corruption cases Number 2573 K/Pid.Sus/2021 and Number 2451 K/Pid.Sus/2021 at the Supreme Court of the Republic of Indonesia. This study seeks to explore the underlying causes and legal solutions for the presence of discriminatory sentencing in corruption cases. Employing an empirical juridical research approach, data were collected through interviews and literature reviews, then analyzed qualitatively. The findings indicate that the causes of discriminatory sentencing in corruption cases stem from both legal and judicial factors. Thomas More and Jonas Salean were charged together for the same act of transferring and distributing state land without legal basis. However, the difference in the legal fate of Thomas More, who was imprisoned for 8 years, and Jonas Salean was acquitted, raises an indication of criminal discrimination because the difference in treatment is not based on differences that are legally relevant.

TUGAS BAWASLU KOTA KUPANG DALAM PENGAWASAN PEMILU ANGGOTA DPRD KOTA KUPANG MASA JABATAN 2024-2029

Frely Anugrah Day, Josef Mario Monteiro, Agnes Doortji Rema — Fri, 01 May 2026 00:00:00 +0000

General elections are an important foundation of democracy to ensure people's representation in legislative institutions. Election supervision is a crucial element so that elections are honest, fair, and democratic. This study aims to analyze the implementation of the duties of the Kupang City Election Supervisory Agency in supervising the 2024–2029 Kupang City Member General Election and identify factors that inhibit the effectiveness of supervision. The study uses an empirical legal approach with socio-legal and conceptual methods. Data were collected through interviews with the Chairperson and members of General Election Supervisory Body, legislative candidates, literature studies, and field documentation in Kota Raja District. The results of the study show that Bawaslu has been active and collaborative in supervision, through the formation of working groups, cross-institutional cooperation, and direct and administrative supervision methods. However, there are obstacles such as limited personnel, low community participation, and weak coordination between organizing institutions. The study concludes that the effectiveness of supervision is influenced by the readiness of human resources, institutional support, and community participation. It is necessary to strengthen the role of General Election Supervisory Body through training, legal counseling, and synergy with the General Election Commissions and law enforcement officers in order to create elections with integrity.

IMPLEMENTASI UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA KAITAN DENGAN PERLINDUNGAN HAK ATAS TANAH MASYARAKAT ADAT PUBABU, DESA LINAMNUTU, KECAMATAN AMANUBAN SELATAN, KABUPATEN TIMOR TENGAH SELATAN

Fasri Ferroh, Husni Kusuma Dinata, Chatryen M Dju Bire — Fri, 01 May 2026 00:00:00 +0000

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

KEDUDUKAN HAK MILIK ATAS TANAH PADA LAHAN RUANG TERBUKA HIJAU DITINJAU DARI UNDANG-UNDANG NOMOR 26 TAHUN 2007 TENTANG PENATAAN RUANG (STUDI KASUS BANTARAN KALI OEPURA, KELURAHAN OEPURA, KECAMATAN MAULAFA, KOTA KUPANG)

Sheila F L Foenay, Husni Kusuma Dinata, Rini Marselin Kaesmetan — Fri, 01 May 2026 00:00:00 +0000

This research is an empirical study that aims to find out and analyze the position and legal consequences of property rights to land on green open space land in terms of Law Number 26 of 2007 concerning Spatial Planning on the banks of Kali Oepura, Oepura Village, Maulafa District, Kupang City. This research was conducted in Oepura Village. The types of data used are primary data and secondary data. The data collection techniques used were interviews and literature studies. The population in this study are the Head of ATR / BPN Kupang City, Maulafa Sub-District Head, Oepura Village Head, residents who live around the banks of Oepura River. The sample used in this research is a saturated sample technique with a total of 8 respondents. This research shows that the position of property rights to land on Green Open Space (RTH) land in terms of Law Number 26 of 2007 concerning Spatial Planning on the banks of Kali Oepura, Oepura Village, Maulafa District, Kupang City is the status of property rights. Despite having legal status as property rights, these lands must still be subject to the provisions of the social function of land rights (Article 6 of the UUPA) and as RTH to avoid conflicts of public and private interests that occur in the future.

KERJASAMA PEMERINTAH DESA DAN BADAN PERMUSYAWARATAN DESA DALAM PEMBANGUNAN DESA DI DESA WOLWAL DAN DESA WOLWAL TENGAH KECAMATAN ALOR BARAT DAYA KABUPATEN ALOR

Elvina Elsanda Moy, Rafael Rape Tupen, Cyrilius Wilton Taran Lamataro — Fri, 01 May 2026 00:00:00 +0000

This study examines the collaboration between the Village Government and the Village Consultative Body in village development in Wolwal and Wolwal Tengah villages, Alor Barat Daya District, Alor Regency. Using empirical legal methods including field observations, in-depth interviews with village heads, village consultative body members, and community leaders, and document analysis this study identifies patterns of collaboration in planning, implementing, monitoring, and evaluating development programs. The results show that although formal collaboration follows the principles of partnership, consultation, and coordination through participatory forums (Musdus, Musdes, Musrenbang), there are still major challenges that need to be addressed: (1) weak coordination and differences in priorities between the village head and village consultative body; (2) shallow community participation; (3) limited human resource capacity (most officials only have a high school education); (4) inadequate infrastructure (e.g., uncertified village offices, damaged facilities); and (5) non-independent village consultative body supervision. This study concludes that to optimize development outcomes, it is necessary to strengthen institutional capacity, increase community involvement, and have a more professional monitoring mechanism to achieve transparent, accountable, and sustainable village governance.

TINJAUAN HUKUM PIDANA TERHADAP MOTIF PEMALSUAN TANDA TANGAN DAN STEMPEL YANG DILAKUKAN PEJABAT DESA (STUDI KASUS DI DESA SAENAMA KECAMATAN RINHAT KABUPATEN MALAKA)

Yohana Elma Klau, Deddy R Ch Manafe, Adrianus Djara Dima — Fri, 01 May 2026 00:00:00 +0000

This study evaluates the criminal law perspective on the forgery of signatures and stamps committed by Saenama Village Officials, Malaka Regency, in 2022, to analyze the legal implications and criminogenic factors underlying the act of forgery committed by village officials. The method used in this study is an empirical approach by utilizing primary data through interviews and secondary data derived from legal documents. The research findings indicate that the forgery was carried out in order to take village funds illegally, and was triggered by internal factors such as personal motives, lack of knowledge of the law, abuse of power, and economic pressure, as well as external factors caused by weak supervision. Using a juridical-empirical approach, this study examines how the creation of fake documents, forged signatures, and counterfeit stamps reflects systemic weaknesses in local governance and legal accountability.This action not only violates Article 263 of the Criminal Code concerning forgery, but is also included in the category of corruption crimes based on the Corruption Law with broad impacts, namely losses to the state, disruption of village development, and reduced public trust. This study concludes that strengthening supervision mechanisms, enhancing legal education for village officials, and implementing transparent governance practices are essential strategies to prevent the recurrence of similar fraudulent acts.

PERTANGGUNGJAWABAN PIDANA PELAKU KLEPTOMANIA: KAJIAN KUHP DAN UNDANG-UNDANG KESEHATAN DALAM KASUS PILOT WINGS AIR

Surya Kurnia Kale Mira, Rudepel Petrus Leo, Bhisa Vitus Wilhelmus — Fri, 01 May 2026 00:00:00 +0000

This study found that although the Indonesian Penal Code, particularly Article 44, allows for the exclusion of criminal liability for individuals with mental disorders, its practical application by the courts remains inconsistent. In the case involving a Wings Air pilot diagnosed with kleptomania—a psychiatric condition marked by an uncontrollable urge to steal—the court still imposed a criminal sentence. This was despite medical assessments indicating that the disorder could impair the individual’s mental capacity to form criminal intent (mens rea). Such a judicial outcome reveals a gap between the legal framework and its enforcement, where medical evaluations are not fully integrated into legal reasoning. The Health Law, which outlines more precise criteria for assessing mental health conditions, is not yet optimally utilized in legal proceedings. Therefore, the case underscores the need for a more cohesive interplay between legal principles and medical insight to ensure a fair and substantively just legal process for offenders with psychiatric conditions.

ANALISIS KASUS PERBUDAKKAN DI ATAS KAPAL PENANGKAP IKAN ASAL CHINA KEPADA SEKELOMPOK PEKERJA INDONESIA DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL

Umbu Frenly Y Maramba, Dhesy A Kase — Fri, 01 May 2026 00:00:00 +0000

This article analyzes the practice of modern slavery experienced by Indonesian crew members aboard the Chinese-flagged fishing vessel Long Xing 629, which involved forced labor, violence, document confiscation, and burial at sea without family consent. This study employs a normative legal method using statutory, conceptual, and case approaches. It focuses on how international legal instruments such as ILO Convention No. 29, ILO Convention No. 188, the 2000 Palermo Protocol, and UNCLOS 1982 regulate the protection of migrant workers in the maritime sector and establish the responsibilities of both flag states and countries of origin. The findings reveal that weak enforcement of the genuine link principle and abuse of the flag of convenience system have exacerbated slavery practices at sea. Furthermore, enhanced inter-state cooperation, domestic legal reform, and international collaboration are crucial to strengthening legal protection and preventing future exploitation.

MEKANISME PEMISAHAN PERKARA (SPLITSING) OLEH JAKSA PENUNTUT UMUM DALAM PROSES PEMBUKTIAN OLEH SAKSI MAHKOTA

Martina Nencylia Riwu Lobo, Simplexius Asa, A Resopijani — Fri, 01 May 2026 00:00:00 +0000

This research examines the mechanism of case splitting (splitsing) by the Public Prosecutor and the use of the crown witness (kroon getuige) in the Indonesian criminal justice system. Splitsing is the prosecutor's authority under Article 142 of the Criminal Procedure Code (Code of Criminal Procedure) to split a single case file with multiple suspects into separate prosecutions. This practice is commonly applied in cases of criminal participation (deelneming) or when there is a lack of evidence, particularly witnesses, to facilitate the evidentiary process. The main consequence of splitsing is the emergence of a crown witness, where one defendant is made a witness to provide testimony against another defendant. This term is not explicitly regulated in the Code of Criminal Procedure, but its existence is recognized in judicial practice and supported by Supreme Court jurisprudence. Although considered effective, the use of a crown witness is highly controversial as it is deemed to conflict with human rights and fundamental legal principles. This includes violations of the right against self-incrimination and the principle of a speedy, simple, and low-cost trial. Juridically, a crown witness's testimony can be considered valid evidence if delivered under oath in court. However, its evidentiary strength is discretionary and depends entirely on the judge's assessment and conviction, and it must be supported by other valid evidence.

HAMBATAN PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERUSAKAN RUMAH ADAT SUMBA

Ezra Yohanes Godo Bili, Jimmy Pello, Ngongo Dede — Fri, 01 May 2026 00:00:00 +0000

This research aims to identify and analyze the obstacles faced in enforcing criminal law against the perpetrator of the destruction of a traditional house in Bodo Maroto Village, West Sumba Regency a site recognized as a cultural tourism object in Sumba. The incident occurred when a man, driven by anger toward his wife, threw a kerosene lamp, unintentionally causing a massive fire that destroyed the traditional house and several surrounding homes. The research employs an empirical legal approach supported by a normative juridical analysis. Data were collected primarily through interviews with local traditional leaders and tourism stakeholders. The findings indicate that the main obstacles to legal enforcement include limited law enforcement resources, a low level of legal awareness within the community, and significant socio-economic impacts, such as community trauma and loss of tourism income. Moreover, cultural and familial considerations led the community to refrain from reporting the perpetrator to the authorities. This study concludes that legal enforcement in customary law areas requires a more contextual and collaborative approach between law enforcement agencies, local government, and indigenous communities.

PERSPEKTIF KRIMINOLOGI TERHADAP ORANG DENGAN GANGGUAN JIWA (SKIZOFRENIA) YANG CENDERUNG MENJADI PELAKU KEJAHATAN

Adel A N Radja, Heryanto Amalo, Adrianus Djara Dima — Fri, 01 May 2026 00:00:00 +0000

The development of criminal acts in Indonesia is clear evidence that not all crimes are committed by people with normal souls, but people with mental disorders can also commit crimes. The study focuses on 2 main aspects, namely the underlying causal factors of criminal behavior in perpetrators of schizophrenia and the prevention efforts that can be carried out on perpetrators of crimes with schizophrenia. This study uses an empirical legal method, with a qualitative research approach. The results of the study indicate that there are 2 factors causing criminal behavior in perpetrators of mental disorders (schizophrenia), the first is an internal factor, namely the symptom factor of the disease, biological factors, and individual factors. The second is an external factor, namely environmental and social factors, economic factors and cultural factors. The prevention efforts that can be carried out on people with schizophrenia can be in the form of pre-emptive efforts, namely by conducting socialization and counseling, preventive efforts, namely by providing drugs, rehabilitation in the form of therapy and counseling, and repressive efforts carried out by the police in the form of arrest and exile while still paying attention to Article 44 of the Criminal Code in its punishment.

ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN ARTIFICIAL INTELIGENCE SEBAGAI ALAT TINDAK KEJAHATAN DI INDONESIA

Yohana Lastrio, Orpa G Manuain, Ngongo Dede — Fri, 01 May 2026 00:00:00 +0000

The rapid advancement of Artificial Intelligence (AI) has brought transformative benefits across various sectors but has also introduced profound legal challenges, particularly in attributing criminal liability when AI is used as a tool in criminal acts. This research is guided by the core question: How can Indonesia’s criminal law system establish liability for the use of Artificial Intelligence as an instrument of crime? Employing a normative juridical method, this study integrates statutory, conceptual, case-based, comparative, and historical approaches to examine the current legal framework, including the Electronic Information and Transactions Law (ITE Law) and the 2023 Indonesian Criminal Code. Findings reveal that Indonesia’s legal system still faces significant normative and technical barriers. Normatively, existing regulations do not fully address the complexity of autonomous and adaptive AI systems. Technically, establishing mens rea and causality between human action and AI-generated outcomes remains difficult. In this context, the Perpetration by Another Liability model is a relevant legal framework, positioning AI as instrumentum delicti and assigning criminal responsibility to the human actors, developers, providers, or users, who knowingly deploy AI systems for unlawful purposes. This model aligns with Articles 36 and 37 of the Criminal Code and emphasizes accountability, precaution, and legal adaptability in facing the evolving nature of AI-driven crimes.

PENGARUH PERNIKAHAN SEDARAH DALAM TRADISI ANA TUYA DAN ANA MAMU (ANAK OM DAN ANAK TANTE) TERHADAP KETURUNAN DI DESA WATU PUDA KECAMATAN UMALULU KABUPATEN SUMBA TIMUR

Milintari T R Riwa, Helsiana F Pello, Rini M Kaesmetan — Fri, 01 May 2026 00:00:00 +0000

This research explores the cultural tradition of consanguineous marriage in the Ana Tuya and Ana Mamu tradition in Watu Puda Village, East Sumba, where marriage between maternal uncle’s daughter and paternal aunt’s son is still practiced. Using an empirical legal approach with qualitative methods, this study investigates why the tradition continues and examines its effects on offspring. The findings reveal that the tradition persists due to cultural preservation, the influence of Marapu customary law, and family expectations. However, the consequences include a heightened risk of genetic disorders, psychological pressure, and, in some cases, birth defects and mental developmental delays in children. The study underscores the need for education, genetic counseling, and dialogue between tradition and public health to reduce the harmful impacts on future generations.

ANALISIS TEORI KEADILAN RESTORATIF TERHADAP DASAR PERTIMBANGAN PUTUSAN HAKIM: KEJAHATAN PENGANCAMAN DI PENGADILAN NEGERI KUPANG (Studi Kasus Putusan Nomor 252/PID.B/2019/PN Kupang)

Petrus De Jenerio Tefa, Reny Rebeka Masu, A Resopijani — Fri, 01 May 2026 00:00:00 +0000

This study aims to analyze the application of the theory of restorative justice in the basis for considering judges' sentences for criminal acts of threats based on a case study of Decision Number 252/PID.B/2019/PN Kupang. legally, the regulation of this offense is stipulated in Article 335 Paragraph (1) Points 1 And 2 of the Indonesian Penal Code. This study examines the district court decision of kupang number 252/pid.b/2019/pn kupang, which reveals the presence of a personal vendetta harbored by the victim against the perpetrator prior to the legal incident. This illustrates the potential misuse of legal mechanisms as a means of retaliation in complex interpersonal relationships. Accordingly, this research is guided by the following problem formulations: what are the judicial considerations regarding the crime of threat in decision number 252/pid.b/2019/pn kupang? and how can restorative justice theory be applied in analyzing the judge’s considerations in the aforementioned decision?. This study employs a normative juridical method using statutory, conceptual, and historical approaches. The research findings indicate that in Decision Number 252/Pid.B/2019/PN Kupang, the judge considered both juridical and sociological aspects, namely the fulfillment of the elements of the crime of threat as stipulated in Article 335 paragraph (1) of the Indonesian Penal Code, as well as the social impact of the defendant's actions.

UPAYA DAN KENDALA MENGATASI TINDAK PIDANA ILEGAL LOGGING DIKAWASAN HUTAN LINDUNG SISIMENI SANAM PADA KECAMATAN AMABI OEFETO

Martha Riberu, Jimmy Pello, Bhisa Vitus Wilhelmus — Fri, 01 May 2026 00:00:00 +0000

Research in the Sisimeni Sanam Protected Forest Area in Amabi Oefeto identified systematic factors that cause illegal logging: (1) Economic (community poverty, low choice of other jobs, and demand for illegal wood); (2) Political and Policy (weak law enforcement, corruption among officials, unclear policies, and the involvement of several members of the Indonesian National Armed Forces as perpetrators); (3) Social and Cultural (lack of environmental awareness, local traditions, and low community participation); (4) Geographic and Technical (remote location and low monitoring technology). This study used an empirical legal research method with a qualitative approach to explore these issues in depth. Actions to address these problems (preventive efforts such as socialization and reforestation; repressive efforts such as patrols and sanctions) have proven ineffective due to a number of obstacles: inadequate socialization, weak coordination between institutions, unclear forest area boundaries, complicated licensing processes, and structural obstacles such as corruption and protection of influential individuals. Effective solutions require a comprehensive approach: overhauling forestry policies, eliminating corruption, developing sustainable economies, improving technical capabilities (such as the use of drones or satellites), fair law enforcement (including by law enforcement), and increasing community engagement through environmental education.