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Penegakan Hukum Terhadap Tindak Pidana Penelantaran Anak Serta Faktor Penghambat di Kepolisian Resor Kupang Kota George R. H. Fanggi Ello; Rudepel Petrus Leo; Heryanto Amalo
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 1 No. 4 (2024): Desember: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v1i4.268

Abstract

Children are a precious gift from God that is entrusted to parents to be loved and cared for wholeheartedly. A child is someone who is not yet 18 (eighteen) years old, including a child who is still in the womb. Child neglect is the practice of relinquishing responsibility and claims over offspring in an illegal way, this is caused by factors such as economic and social factors, as well as mental illness, among others. A child who is abandoned or abandoned by his parents is called an outcast. Child neglect includes passive torture, which is any state of inadequate attention, whether physical, emotional, or social. The enforcement of criminal sanctions against perpetrators of child neglect must be strictly enforced as in Law Number 35 of 2014 concerning Child Protection. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to determine Law Enforcement against Child Neglect Crimes and Inhibiting Factors in the Kupang City Resort Police. Data collection uses observation, documentation and interview techniques. The results of the study show that (1) Law enforcement against child neglect crimes in the Kupang Kota Resort Police shows a strong commitment to protecting children. However, there are still cases of child neglect due to various factors so that child neglect by parents occurs. (2) Influencing factors include legal and law enforcement factors, economic factors, environmental factors and parental divorce factors that often occur so that cases of child neglect occur.
Kajian Kriminologis terhadap Kekerasan yang Dilakukan oleh Pasangan Kumpul Kebo: Studi Kasus di Wilayah Hukum Polres Manggarai Barat Yeremias Bagul; Heryanto Amalo; Rosalind Angel Fanggi
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): Juni : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v2i2.1841

Abstract

Violence in cohabiting couples is a problem currently occurring in East Nusa Tenggara Province, West Mangarai Regency. Based on the results of research on July 3 2023 at the West Manggarai Police, the West Manggarai District Prosecutor's Office and the West Manggarai District Court found that there were 4 perpetrators in cases of violence in cohabiting couples. The main problem in this research is the factors that cause violence in cohabiting couples and efforts to overcome violence committed by cohabiting couples. This research is empirical legal research that examines all legal events that occur through a case approach. Data collection was carried out in two ways, namely interviews and document study. The data that has been obtained will then be presented in a qualitative descriptive manner. The research results show that (1) The factors that cause violence perpetrated by cohabiting couples are psychological, economic, environmental, the role of the victim and cultural factors. (2) Countermeasures carried out by the West Manggarai Police, the West Manggarai District Prosecutor's Office and the West Manggarai District Court. Therefore, suggestions for the results of this research are (1) It is recommended that men be able to treat their female partners as well as possible, (2) The parties are expected to understand each other's position as unmarried couples so that they are able to carry out their respective obligations. well. (3) For law enforcers and all parties who are obliged to be more enthusiastic in socializing cases of violence in the social environment in the West Manggarai jurisdiction.
Tinjauan Victimologis Tentang Peranan Korban Terkait Terjadinya Pengancaman dan Penyebaran Video Call Sex Dalam Hubungan Berpacaran Yayu Mederlin Nenotek; Aksi Sinurat; Heryanto Amalo
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 4 (2024): Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v1i4.267

Abstract

This study aims to find out and analyze a victimological review of the victim's role related to the threat and spread of video call sex in dating relationships. This research is a research supported by an approach using primary data in the form of interviews and secondary data in the form of books, legislation, the internet, dictionaries, articles or newspapers obtained using the interview method and document studies, the data that has been collected is processed and analyzed using coding, processing and cleaning techniques and analyzed in a qualitative descriptive manner in describing the results of the research. The results of the study show that (1) The occurrence of VCS in dating relationships does not only occur due to the will of the perpetrator, but there is also a role of the victim in it (2) Legal protection efforts are given to VCS victims, namely legal aid, health assistance and the provision of rehabilitation.
Perlindungan Hukum Dan Pemenuhan Hak Korban Dalam Kasus Kecelakaan Lalu Lintas Yang Menyebabkan Korban Meninggal Dunia: Studi Kasus Di Pengadilan Negeri Kupang Kelas 1 Rinaldy Herchion Asanab; Rudepel Petrus Leo; Heryanto Amalo
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 1 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v2i1.397

Abstract

Traffic accidents resulting in fatalities in Kupang City based on BPS Kupang City data series have increased in the period 2020-2022. In general, traffic regulations are regulated by Law No. 22 of 2009 on Road Traffic and Transportation. Victims who die due to road accidents have rights that must be fulfilled and passed on to their heirs. For this reason, legal protection of the rights of victims who die as a result of traffic accidents is necessary. This research uses empirical legal research, namely legal research that functions to examine how the law works in a community environment, in this case conducted at the Kupang District Court Class 1. Data collection techniques are carried out through interviews, observation and documentation and then analyzed descriptively and qualitatively. The results showed that: (1) The fulfillment of the rights of victims of death in cases of traffic accidents in Kupang City, is in accordance with applicable laws and regulations if through legal channels, while in practice are used more family channels, so that the rights of victims are neglected. (2) The ideal form of legal protection for victims of death in cases of traffic accidents in Kupang City is repressive, namely: a) criminal sanctions, b) compensation, and c) government compensation.
Perlindungan Konsumen Dari Aspek Hukum Pidana Terhadap Peredaran Kosmetik Ilegal: Studi Putusan Nomor 572/PID.SUS/2022/PN SMR Deski Bertolens Tungga; Thelma S.M Kadja; Heryanto Amalo
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 1 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v2i1.398

Abstract

According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit. This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).
Faktor Penyebab dan Upaya Perlindungan Hukum Terhadap Guru Yang Dianiaya Oleh Oknum Orang Tua Siswa di SD Negeri Naikoten II Andi Williams Abraham; Rudepel Petrus Leo; Heryanto Amalo
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 1 (2025): Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i1.704

Abstract

Currently, the world of education can be said to be facing a crisis of value as the development of the dynamics of community life. The world of education in this era faces complex problems that can hinder the achievement of educational goals. These problems arise either because of internal factors or external factors. This study uses empirical legal research methods that examine how the law works in society. Aspects of the study examined the causes of violence committed by parents to teachers and forms of legal protection for teachers who experience violence. The results found that: (1) the factors that make the perpetrators (parents) abuse the teacher caused by lack of socialization and coordination between the school and the parents. The lack of socialization and coordination makes the perpetrators (parents) angry and emotional so they think of mistreating the teacher. Lack of accurate information that makes parents misunderstand the treatment of teachers to their children while at school that causes parents to start emotions and abuse such as beatings. (2) efforts made as a form of protection against cases of abuse against teachers by parents of students are realized through preventive actions by appealing to the public to immediately report to the authorities in the event of a crime including the crime of abuse by unscrupulous parents of students against teachers in the school environment.Suggestions from this study: (1) it is expected that the government and all related agencies in terms of improving education through schools, it is good to teach teachers with methods adapted to the current global conditions, so that teachers can better answer the challenges of the times in terms of education and the condition of students then and now is very much different. (2) expected for all parties concerned, both the police, legal aid agencies, witness and victim protection institutions of the government and the community to continue to improve cooperation in an integrated manner in tackling the occurrence of crime, especially crime cases of abuse by unscrupulous parents of students against teachers.
Tinjauan Kriminologis Terhadap Korupsi Pengadaan Benih Bawang Merah Dikabupaten Malaka: (STUDI PUTUSAN NOMOR 39/PID-SUS-TPK/2023/PN.KPG, PUTUSAN NOMOR 40/PID-SUS-TPK/2023/PN.KPG, PUTUSAN NOMOR 41/PID-SUS-TPK/2023/PN.KPG DAN PUTUSAN NOMOR 42/PID-SUS-TPK/2023/PN.KPG) Dian Maranatha Fallo; Heryanto Amalo; Darius A. Kian
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.217

Abstract

Extraordinary Crime is a label given to the crime of corruption. This is because corruption can hamper the economic life of the nation and state. Therefore, the eradication of corruption cannot be handled in the usual way but through an extraordinary handling. Corruption is a serious problem that can threaten the continuity of the Indonesian nation, coupled with the fact that the perpetrators of corruption are officials of government agencies who have a duty to foster and serve the community for the fulfillment of justice and public welfare. One of the easy targets for people who commit corruption, namely officials of government agencies in launching their actions, is the procurement sector of government goods and services. As happened in the procurement of shallot seeds in Malaka Regency in the 2018 fiscal year involving government agency officials and private parties.The problem formulations in this study are: (1) Factors causing corruption in the procurement of government goods and services, namely the procurement of shallot seeds in Malaka Regency (2) The impact of corruption in the procurement of shallot seeds in Malaka Regency (3) Countermeasures to improve the process of procurement of government goods and services in Malaka Regency.The writing of this thesis uses a type of juridical-empirical research with a case approach method, so that it is based on applicable laws and regulations and data obtained in the field. The case approach taken in this research is related to the corruption case of shallot procurement in Malacca Regency in the 2018 fiscal year.The results of the study show that the factors causing corruption in the procurement of shallot seeds in Malaka Regency are the intention of the defendants, the existence of authority and the opportunity for corruption. The impact of corruption in the procurement of shallot seeds in Malaka Regency is a state loss of Rp. 4,770,725,000.00 (four billion seven hundred seventy million seven hundred twenty-five thousand rupiah), not only limited to state losses but also losses felt by the community and government agencies involved in the corruption case of shallot seed procurement, namely the Government Goods / Services Procurement Section at the Regional Secretariat of Malaka Regency and also the Agriculture and Food Security Office of Malaka Regency. Therefore, efforts to eradicate corruption in the procurement of goods and services of the Malaka district government are not only carried out by the government alone, but also involve the active role of the community in preventing corruption in the government goods/services procurement sector and also countermeasures involving cooperation between the Malaka district government and the Malaka district police.
Analisis Putusan Pengadilan Tentang Penegakan Hukum Terhadap Pelaku Orang Biasa Yang Melanggar Norma Hukum Kedokteran: (Studi Putusan Nomor 195/Pid.Sus/2021/PN Kpg) Yuni Farida Duka; Jimmy Pello; Heryanto Amalo
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 4 (2024): Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v1i4.178

Abstract

This study aims to find out and analyze the Court Decision on Law Enforcement Against Ordinary People Who Violate Medical Legal Norms based on the Study of Decision Number 195/Pid.Sus/2021/PN Kpg. This research was carried out using a normative juridical method with the technique of collecting legal materials, library research, then analyzed and compiled systematically. The results of the study show that the Defendant's Actions can be categorized as medical malpractice because they meet four key elements, namely liability, violation, causality, and loss. Given that the perpetrator is an ordinary person and not a medical professional, Article 360 of the Criminal Code is most appropriate to ensnare the perpetrator who is an ordinary person in the case of injury or health disorder because the relevance of Article 360 of the Criminal Code explicitly regulates negligence that causes injuries or health problems.
Kendala-Kendala dalam Proses Penyidikan Tindak Pidana Kekerasan Seksual pada Wanita Penyandang Disabilitas di Wilayah Hukum Kepolisian Resor Ende Mariela Nikita Putri; Heryanto Amalo; Rosalind Angel Fanggi
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.187

Abstract

This study aims to find out and analyze the obstacles in the process of investigating sexual violence against women with disabilities in the jurisdiction of the Ende Resort Police This research is an empirical juridical research, with field study data collection techniques with interview studies and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) the obstacles experienced by the Ende Resort Police investigators come from various factors such as Legal Factors, namely the unavailability of examination operational standards for people with disabilities; Factors of Law Enforcement Officials, lack of understanding of the apparatus regarding disabilities, limited investigation budget, difficulty in finding witnesses; Facilities and Infrastructure factors, lack of accessibility of buildings and rooms and unavailability of sign language interpreters; Community Factor, the community is less cooperative and the perpetrator escapes. (2) Efforts made include: capacity training for investigating officers, provision of facilities and infrastructure, submission of additional fees, cooperation with the ranks of the Police in finding escaped criminal offenders, and approaches through socialization to the community.
Analisis Yuridis Dampak Overcapacity Lembaga Pemasyarakatan terhadap Pembinaan Warga Lapas Ditinjau dari Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan: Studi Kasus Lapas Kelas II B Ende Anjelina Wora Roi Wani; Daud Dima Tallo; Heryanto Amalo
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.209

Abstract

This study aims to find out and analyze the impact of the overcapacity of correctional institutions on the development of Class II Ende prison residents reviewed from Law No. 22 of 2022. This research uses a type of empirical juridical research by conducting field interviews with the Class II B Ende Prison and its Correctional Assisted Citizens, then conducting a study of literature materials by reading, studying, studying, and analyzing literature to develop an assessment related to the title of this thesis. The results of the study show that the impact caused by overcapacity affects the comfort of WBP due to congestion in residential spaces, affects the psychological well-being of WBP, the difficulty of WBP obtaining access to coaching in the independence development program, and also affects the level of security of WBP and Prison Officers, to overcome that the Class II B Ende Prison makes efforts by implementing matters related to regulations on coaching that stated in Law No. 22 of 2022 concerning Corrections, optimizing the effectiveness of alternative criminal penalties other than prison sentences and evaluating and continuing to develop coaching programs in prisons.
Co-Authors Adhytia, Putra Adrianus Djara Dima Anan, Maria Kasia Andi Williams Abraham Andini Raehun Putri Sidin Andini Zaskia Karim Angela Gabriela Bupu Angelina Lado, Veronic Anjelina Wora Roi Wani Asa, Rynaldo Jonathan Belka Asoli Avrid Grandy Billy Tanggu Rame Banga, Ar Bara, Fadjar Benu, Geraldo Yoseprinus Darius A. Kian Darius Antonius Kian Daud Dima Tallo Debi F. Ng. Fallo Debi F. Ng.Fallo Deddy R. Ch. Manafe Deski Bertolens Tungga Dian Maranatha Fallo Dima, Adrianus Djara Edang, Rikardus Maria Wahyudi Fallo, Debby F. Ng. Fallo, Debi F. Ng Fransiska Migiliani Jehula Frederich Ramiga Seputra Gaut George R. H. Fanggi Ello Ha'e, Dio Rysardo Helmalia Verena Putri Kanci Hida, Dian J. A I Putu Yudha Wira Krisna Jafrai Musa Robo Karolus K. Medan Karolus Kopong Medan Kian, Darius A Kolo, Astri Ivon Margaretha Leo, Rudepel Petrus LeoDima, Harmingganov Lepe, Salmania Ludji, Selvia Enjelita Mahmud, Faishol Reza Making, Philadelfianus J. O Manuain, Orpa G Maria Elfriany Clarita Siu Maria Karunia Putri Maan Maria Phlisia Wulandari Modo Mariela Nikita Putri Maryo Jaxel Mabilehi Matutina, Cicilia Adityani Maubila, James Merukh, Jems Nainatun, Maryani Tefliana Nani Raga, Lukas Stefanus Napu, Papy Michael Neno, Mario Ngongo Dede Nikolas Manu Nuka, Corturino Depaka Sanjaya Orpa Ganefo Manuain Pakh, Wian Krista Pello, Jimmy Petrus Giano Nepa Petrus Leo, Rudepel Pono, Yohanis Soni Ratu Rodi, Yunita Adiningsih Reinati, Esperansa Sherli Dacosta Resi, Maria Gracela Putri Revony Lede Rihi Rinaldy Herchion Asanab Rohi, Yulius Adrian Rosa Virginia Wona Rosalind Angel Fanggi Rosalind Angel Fanggi, Rosalind Angel Rudepel Petrus Leo Rudepel Petrus Leo Seferinus Anmuni Setiawan, Galang Aditya Simplexius Asa Sincan, Muhammad A. M Sinurat, Aksi Tallo, Daud Dima Tefa, Ruben E. Thelma S.M Kadja Vinsensius Naiaki Virginia Reynalda Ria Wego, Dorothea Pascalista Rosalia Wibowo, Teguh Reksoarto Wilhelmus, Bhisa V Wilhelmus, Bhisa Vitus Yayu Mederlin Nenotek Yeremias Bagul Yohanes Justhen Raynaldo Yuni Farida Duka