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All Journal Jurnal Kesehatan Media Kesehatan Masyarakat COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Journal of Administrative and Sosial Science (JASS) Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Perkara: Jurnal Ilmu Hukum Dan Politik Petitum Law Journal Politika Progresif : Jurnal Hukum, Politik dan Humaniora Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Simplexius Asa
Universitas Nusa Cendana
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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Peran Satuan Bakti Pekerja Sosial dalam Penanganan Kasus Anak Terlantar di Kota Kupang Berdasarkan Peraturan Perundang-Undangan di Indonesia Virda Christin Tafuli; Simplexius Asa; A. Resopijani
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i2.3813

Abstract

Abandoned children are a type of social welfare problem where the child's physical, mental and spiritual conditions are not met. Social workers have an important role in handling cases of abandoned children in accordance with Indonesian laws and regulations. This research aims to determine the role of the social work service unit in handling cases of abandoned children as well as the challenges and obstacles faced in handling cases of abandoned children. This research uses empirical research methods that are empirical juridical in nature. The sample was selected by purposive sampling, data collection techniques used interviews, observation and documentation review. Social workers strive to rescue children from dangerous environments, help provide temporary shelter if necessary, and collaborate with various parties to ensure the safety and welfare of children, in providing protection for abandoned children social workers identify children who are at risk of experiencing neglect, exploitation or violence, this is done through surveys, direct interactions, or reports from other parties, after identifying children at risk, social workers carry out an in-depth evaluation of their situation by conducting an assessment. The results of the research on the role of social workers in handling abandoned children, namely companions as facilitators and counselors, as service providers or liaisons and advocates, however there are several obstacles and challenges faced, namely unclear identity of children, complex conditions of children's families, long legal processes, limited resources and lack of public awareness.
Pertimbangan Hakim dalam Putusan Kekuatan Hukum Sertifikat Hak Milik Tidak Mengikat di Pengadilan Negeri Kupang Elfianus Parianto; Simplexius Asa; A. Resopijani
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS)
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i2.1971

Abstract

The purpose of this study is to determine the judge's considerations in issuing a decision stating that the certificate of ownership does not have binding legal force and the legal consequences of the decision stating that the certificate of ownership does not have binding legal force based on the initial survey conducted by the researcher, it was found that the lawsuit was filed after 5 years had passed. This study uses normative legal research with a case study (case approach). Data collection uses literature studies. Data collection and processing procedures are carried out using qualitative legal analysis. The results of the study indicate that the requirements for a certificate of ownership that does not have legal force that are often violated are the lack of good faith in obtaining the land. Meanwhile, violations of the requirements for land that is not directly or indirectly controlled by the owner, although related to other requirements, do not mean that the Certificate of Ownership has strong legal force. This is because of the requirements of Article 32 paragraph 2 of Government Regulation Number 24 of 1997 concerning land registration. There are several legal consequences. These legal consequences can be divided into two types, namely legal consequences that apply retroactively or backward and legal consequences that apply forward. As well as the legal consequences and in substance, these legal consequences are in line with the form of achievement in contract law as regulated in Article 1234 of the Civil Code.
Dampak Asas Erga Omnes dalam Putusan Mahkamah Konstitusi: Studi tentang Batasan Legal Standing dalam Pengajuan Permohonan Pengujian Undang-Undang di Mahkamah Konstitusi Cornelia Angelica; Simplexius Asa; Rizal Thene
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i1.2127

Abstract

The Constitutional Court's decision not only affects individuals or certain groups, but also has significant consequences for the public and the country as a whole. The Constitutional Court's decision provides legal certainty for society and the government by determining the implementation or cancellation of a policy that can help create a stable and predictable legal environment. This research is a normative research by studying and basing it on secondary data. Then analyzed using qualitative analysis. The results of this study indicate that the interests recognized by law in Indonesia regarding legal standing still revolve around proving real losses as a form of interest recognized by the Constitution. The principle of erga omnes has an important meaning in the Constitutional Court's decision. An appropriate alternative is needed to ensure that the decision that then has an impact on everyone does not result in new constitutional losses for parties who are not in dispute. the implementation of the Constitutional Court's decision still faces serious challenges, ranging from delays in implementation to ignoring the decision by related institution.
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.
Wewenang Kepolisian dalam Melakukan Penyidikan terhadap Kasus Pencurian Motor di Polsek Kelapa Lima Venti Jayantri Uly; Simplexius Asa; A. Resopijani
JISPENDIORA Jurnal Ilmu Sosial Pendidikan Dan Humaniora Vol. 4 No. 2 (2025): Agustus: Jurnal Ilmu Sosial, Pendidikan Dan Humaniora (JISPENDIORA)
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/jispendiora.v4i2.2391

Abstract

Motorcycle theft crimes can occur anywhere. Not only in big cities, but also in small cities, especially Kupang. Various efforts have been tried to reduce crime, but it still occurs frequently but with lower intensity. The incomplete handling of motorcycle theft cases by the police will actually have a negative impact, including weak law enforcement, public apathy towards the law, unrest among members of the motorcycle owner community, increased opportunities for similar crimes, and the worsening image of the police in society. The method used in this study is empirical research with interview techniques and document studies, then analyzed and compiled systematically. The results of the study indicate that the Police Authority in Handling Motorcycle Theft Cases and Constraints in Handling Motorcycle Theft Cases are the Community is less responsive in reporting, Difficulty finding evidence and High mobility of perpetrators Efforts to reduce motorcycle theft crimes that occur are by increasing the readiness of police officers in following up on reports that there have been crimes of motor vehicle theft which must be supported by information from the community, so that they are faster and more in revealing motor vehicle theft crimes And it must be further improved to make appeals and socialization to the community about the capture of motor vehicle theft and avoid the community to increase vigilance.
Tinjauan Yuridis Terhadap Praktek Kawin Tangkap Menurut Hukum Adat Yang Berlaku Di Sumba Barat Daya Dorkas Inya Karere; Simplexius Asa; A. Resopijani
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Agustus : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v1i4.293

Abstract

Arrest Marriage is a marriage process that is carried out by force, Capture Marriage is carried out by kidnapping the bride, kidnapped to become a wife. The captive marriages that are taking place now are not the custom of Southwest Sumba, especially the Kodi area. Based on the results of research in Limbu Kembe Village, (1) What is the philosophy of the practice of catch marriage according to customary law in force in Southwest Sumba? (2) What is the process for resolving the practice of catch marriage according to customary law in force in Southwest Sumba? The research method used in this research is normative research, namely research that is based on applicable legal regulations by examining various applicable laws and regulations related to the problem under study. Based on the results of the research and discussion, it can be concluded that the current practice of captive marriage is not the tradition/culture of Southwest Sumba, especially the Kodi area, but rather the practice of captive marriage which has developed by hiding behind cultural claims in order to avoid legal action.
Co-Authors A Resopijani A. Resopijani Amelya Betsalonia Sir Ampera Wadu Cornelia Angelica Dorkas Inya Karere Dwi Windoe Elfianus Parianto Heryanto Amalo Indriati Andolita Tedju Hinga Indriati Tedjuhinga Irene Marlen Dira Tome Jaman, Christoffer Markus Lakbanu, Dani B Manurung, Imelda Februati Ester Maria Fatmawati F Taimenas Marianus Mau Kuru Morynda Livia Ester Kadek Orpa G. Manuain Resopijani, A Rizal Thene Samantha Mutiara Basoeki Seferinus Anmuni Shophia Mendora Janische Talan Siprianus Damai Nar Tae, Ansgarius Jacintus Venti Jayantri Uly Virda Christin Tafuli