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Simplexius Asa
Universitas Nusa Cendana
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : Petitum Law Journal

 1 
PROSES PENYELESAIAN TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANGGOTA MILITER Lakbanu, Dani B; Asa, Simplexius; Resopijani, A
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.17611

Abstract

This study analyzes the process of resolving criminal acts of persecution committed by military members within the scope of the Kupang III-15 military court. The research method used is qualitative research with a case study approach. Data was collected through interviews with the Staff of the Military Court III-15 Kupang and the perpetrators of the crime of persecution. The analysis was carried out to identify whether there is a difference between the process of resolving crimes of persecution in civil courts and military courts and to find out whether there is special treatment in the process of resolving crimes within the scope of the Kupang Military Court. The formulation of the problem in this study is 1. What is the process of settling criminal acts of persecution committed by Military Members (Case Study of Military Justice III-15 Kupang)? 2. What are the factors that affect the effectiveness of military justice in dealing with criminal acts of persecution committed by Military Members (Case Study of Military Justice III-15 Kupang)? The results of the study show that the process of resolving criminal acts of persecution committed by military members is carried out in accordance with Law Number 31 of 1997 concerning Military Justice, which involves various stages, ranging from reports or direct findings by officers, examinations to prosecution and criminal acts in the process according to the Criminal Procedure Code. Military members who commit criminal acts of persecution will be examined by the ankum, if the persecution is light, then the ankum is of the opinion that the problem does not need to be resolved through the judicial process. This finding provides insight into efforts to improve the supervision system in each TNI unit and improve the law enforcement system in terms of transparency in the process of resolving criminal acts of persecution committed by military members within the scope of the military court III-15 Kupang.
PERTIMBANGAN HAKIM DALAM MENENTUKAN HUKUMAN KEPADA PELAKU TINDAK PIDANA PERSETUBUHAN TERHADAP ANAK DALAM PUTUSAN NOMOR 80/PID.SUS/2023/PN.KPG DI PENGADILAN NEGERI KELAS 1A KUPANG Jaman, Christoffer Markus; Asa, Simplexius; Resopijani, A
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.17621

Abstract

The judge's consideration is very important aspect in determining the realisation of the value of a decision that contains elements of justice in the court, legal certainty and contains benefits for the parties concerned so that it must be addressed properly, carefully and carefully. The formulation of the problems in this study are: (1) How are the judges' considerations in determining the punishment for the perpetrator of the crime of sexual intercourse with a child in Decision No.80/Pid.sus/2023/PN.Kpg? (2) What are the factors that influence the sentencing decision in Decision No.80/Pid.sus/2023/PN.Kpg? This research is normative research, namely legal research that examines documents using legislation, court decisions, legal theories, and can be in the form of scholars' opinions. The results of the research conducted by analysing the decision No.80/Pid.Sus/2023/PN.Kpg of the suspect on behalf of Leo Luha Djami Kale: (1) The judge considered that the defendant was proven to have committed a criminal act in accordance with Article 81 paragraph (1) of the Child Protection Law. However, the judge imposed a sentence below the minimum. (2) Based on juridical factors, the judge stated that the defendant's actions had fulfilled the elements of the article in Article 81 paragraph (1) of the Child Protection Law that had been charged against him and based on non-juridical factors that there had been peace between the two families in accordance with Supreme Court Circular Letter No. 1 of 2017 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2017 as Guidelines for the Implementation of Duties for Courts.
Penerapan Hukum Adat "Ukun Banur" Terhadap Penyelesaian Kasus Kekerasan Dalam Rumah Tangga di Desa Biau Kecamatan Io Kufeu Kabupaten Malaka Tae, Ansgarius Jacintus; Asa, Simplexius; Resopijani, A
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.17673

Abstract

Customary law was born together with humans as its creators. Where there is society there is law. As is the case in Biau village which has customary law known as ukun banur. Ukun banur means teachings or prohibitions that have been established and are still maintained today in resolving various cases that occur. The specification of this research is empirical legal research. The data taken is primary data and secondary data collected by interviewing informants, literature review and qualitative descriptive analysis. The objectives of this research are (1) To determine the application of Ukun Banur customary law to the resolution of cases of domestic violence in Biau village, Io Kufeu subdistrict, Malacca district. (2) To find out what are the inhibiting factors in the application of Ukun Banur customary law in resolving cases of domestic violence in Biau village, Io Kufeu subdistrict, Malaka district. Based on the research results, the researcher found that the application of Ukun Banur customary law to resolve cases of domestic violence in Biau village, Io Kufeu subdistrict, Malaka district, uses two mechanisms, namely using a pure customary law mechanism and a mixed mechanism, namely involving the local government. The inhibiting factor in implementing Ukun Banur customary law is that public awareness is still low and they are not afraid and ashamed of the customary sanctions they receive. The customary sanctions given do not have legal force and there are no regulations from the local government so they are not binding for all communities.
Co-Authors A Resopijani A. Resopijani Amelya Betsalonia Sir Ampera Wadu Cornelia Angelica Darius Mauritsius Daud Yaferson Dollu Dorkas Inya Karere Dwi Windoe Elfianus Parianto Heryanto Amalo Indriati Andolita Tedju Hinga Indriati Andolita Tedju Hinga Indriati Tedjuhinga Irene Marlen Dira Tome Jaman, Christoffer Markus Kornelia Melasari Lakbanu, Dani B Leltakaeb, Benediktha Marice Manurung, Imelda Februati Ester Maria Fatmawati F Taimenas Marianus Mau Kuru Morynda Livia Ester Kadek Orpa G. Manuain Petrus Merio Mamoh Reny R Masu Resopijani, A Resopijani, A. Rizal S. Thene Rizal Thene Samantha Mutiara Basoeki Seferinus Anmuni Shophia Mendora Janische Talan Siprianus Damai Nar Tae, Ansgarius Jacintus Venti Jayantri Uly Virda Christin Tafuli Windasari N Sudiarta