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All Journal Jurnal Ilmu Hukum The Juris COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Journal of Administrative and Sosial Science (JASS) Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Jurnal Indonesia Sosial Teknologi Indonesian Journal of Contemporary Multidisciplinary Research Journal of Digital Law and Policy Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Jurnal Manajemen, Ekonomi, Hukum, Kewirausahaan, Kesehatan, Pendidikan dan Informatika (MANEKIN) Deposisi: Jurnal Publikasi Ilmu Hukum Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Jurnal Hukum Bisnis Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Hakim: Jurnal Ilmu Hukum dan Sosial Perkara: Jurnal Ilmu Hukum Dan Politik Artemis Law Journal Petitum Law Journal Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Parlementer : Jurnal Studi Hukum Dan Administrasi Publik Desentralisasi: Jurnal Hukum, Kebijakan Publik, Dan Pemerintahan Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Pemuliaan Keadilan Mahkamah: Jurnal Riset Ilmu Hukum Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Heryanto Amalo
FAKULTAS HUKUM UNIVERSITAS NUSA CENDANA
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Faktor Penyebab Terjadinya Tindak Pidana Korupsi Serta Dasar Pertimbngan Hakim Terhadap Putusan Bebas Pada Perkara Korupsi Dalam Surat Putusan No. 40/Pid/Sus-TPK/2020/PN-KPG Nani Raga, Lukas Stefanus; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.13743

Abstract

The Defendant in the Corruption Case on Land belonging to the Kupang City Government, Thomas More, committed a criminal act of corruption with witness Jonas Salean in accordance with the contents of the Kupang Class IA District Court decision in 2020 and in this case the Defendant and the Witness in question issued the land title certificate and signed the assets. belongs to the State in order to enrich oneself, so that in the District Court decision letter Number: 40/Pid/Sus-TPK/2020/PN-KPG. The defendant Thomas More was sentenced to a criminal sentence while the witness Jonas Salean was given an acquittal. The main problems in this research are: (1) What are the factors that cause the occurrence of criminal acts of corruption? (2) What is the basis for the judge's consideration in handing down an acquittal decision in this case? This research is empirical legal research, namely reviewing and analyzing data obtained from the research location. The results of this research show that (1) the factors causing corruption in land belonging to the Kupang City Government are (a) Internal Factors, namely the feeling of wanting to enrich oneself. (b) External Factors, namely the existence of opportunities/opportunities which are seen from the position of the defendant at the time of committing the crime corruption and also the closeness of the defendant to witnesses who participated in committing criminal acts of corruption. (2) The basis of consideration used by the judge in handing down an acquittal decision is seen from: (a) the elements of the primary indictment article and (b) the elements of subsidiary coercion.
Penerapan Transtheoretical Theory Dan Reintegrative Shaming Theory Terhadap Rehabilitasi Dan Reintegrasi Sosial Bnnp Ntt Bara, Fadjar; Tallo, Daud Dima; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.14819

Abstract

This study examines the Restorative Justice system in BNNP NTT, particularly focusing on the rehabilitation of drug addicts. Issues such as stigma, labeling, limited social support, mental health challenges, and post-rehabilitation job access constraints are identified. By integrating the Transtheoretical Model Theory and Reintegrative Shaming Theory, the research delineates six stages of behavior change at the Rehabilitation Center of BNNP NTT. Recommendations include enhancing education, social support, and collaboration. The research methodology employed is normative research, meaning it involves an examination of relevant laws and other legal sources. Primary legal materials, secondary legal materials, and tertiary legal materials are utilized. Social reintegration can be improved through effective awareness campaigns via social media and community activities. In conclusion, BNNP NTT needs to intensify efforts to support the Restorative Justice System, emphasizing education, social support, and collaboration to enhance the rehabilitation of drug addicts.
Perlindungan Hukum Saksi dan Korban Oleh Lembaga Perlindungan Saksi dan Korban Adhytia, Putra; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15220

Abstract

Witnesses are one of the valid evidence in the trial process, sanctions are people who are present or 2 the incident themselves while it is taking place, the presence of witnesses and victims is very meaningful because law enforcement officials face difficulties when searching and obtaining evidence carried out by the suspect which causes violence to the victim. The success or failure of the judicial process depends so much on the level of witnesses and victims who are successfully met and exposed in the sequence of events in the contest, which are mainly directly related to the explanation of witnesses, often cases that cannot be revealed because there is no testimony from witnesses that can support the duties of law enforcement. Protection of witnesses and victims is currently urgent to be held in every checking session in cases that are considered to require special attention and very tight guard. from this problem, the author discusses the problems, namely: (1) how is the implementation of the mechanism for providing legal protection to witnesses and victims by the LPSK (2) what are the factors that affect the effectiveness of providing legal protection to witnesses and victims by the LPSK. This research uses empirical research methods, while the data sources used are primary and secondary. The results of this study are: (1) to obtain protection must first apply for protection to the LPSK by fulfilling the conditions determined after receipt of the protection application, the protected will get legal protection and fulfillment of rights. (2) Factors that affect the effectiveness of protection are legal facts, law enforcement, facilities and facilities, community factors, and cultural factors. Suggestion: This institution should become an independent institution to provide comprehensive protection and the importance of the presence of this institution in the region so that legal protection feels optimal, not centralized in the center and the need for an introduction to this institution so that the public who lays about the law can know the existence of this institution.
Peran Dan Faktor Penghambat Dalam Penegakan Hukum Terhadap Pidana Pemerkosaan Oleh Anggota Keluarga Di Wilayah Hukum Kepolisian Resor Kupang Kota Benu, Geraldo Yoseprinus; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.17201

Abstract

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.
Peranan Kepolisian Dalam Penanggulangan Premanisme Dalam Bentuk Pemerasan Terhadap Pemilik Kios Dan Warung Di Kelurahan Liliba Kota Kupang Sincan, Muhammad A. M; Tallo, Daud Dima; Amalo, Heryanto
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.19514

Abstract

The role of the police in combating street crime, particularly extortion, is a crucial issue in maintaining public order and ensuring economic stability in Kupang City, Indonesia. This study focuses on the preventive and repressive measures implemented by the Kupang City Police to address extortion targeting kiosks and shop owners in Liliba Village. Using an empirical legal research method, data were collected through field observations and interviews with relevant stakeholders, including police officers and victims of extortion. The findings reveal that the Kupang City Police employ various strategies such as routine patrols, community engagement programs, and technology like CCTV to mitigate these criminal acts. Challenges faced include societal issues such as alcohol consumption, economic disparity, limited trust in law enforcement, and low legal awareness among residents. Despite these hurdles, implementing integrated law enforcement measures, supported by educational programs and technological advancements, has shown progress in reducing criminal activities. This study underscores the importance of collaboration between law enforcement agencies and the community to ensure sustainable crime prevention. Recommendations include strengthening patrols, enhancing community trust, and providing consistent legal education to effectively address societal and systemic challenges.
KECENDERUNGAN PENGGUNAAN HUKUM ADAT DAN EFEKTIVITAS PENGENAAN SANKSI ADAT TERHADAP TINDAK PIDANA PERZINAHAN DI DESA TODANARA KECAMATAN ILE APE TIMUR KABUPATEN LEMBATA Making, Philadelfianus J. O; Medan, Karolus Kopong; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13344

Abstract

Customary law plays a role in shaping society to interact properly and correctly as well as as a means of anticipating social clashes that result in conflict. The existence of customary law in society is a reflection of community life and each region has different customary laws according to the customs existing in that area with characteristics that are not written or codified. Likewise in Lembata district, especially in Todanara village, in addition to the enactment of the Criminal Code as an umbrella for criminal law, there is also evidence in certain aspects of community life of the application of criminal customary law in the form of sanctions in the form of fines and exclusion from social circles. visible in social life. Problem formulation: 1. Why do Todanara village communities tend to resolve adultery cases through customary legal mechanisms, 2. How effective is the imposition of customary sanctions against criminal acts of adultery in Todanara village, East Ile Ape District, Lembata Regency? This research aims to find out, analyze and explain the reasons or causes of society using customary law and resolving adultery cases through customary law mechanisms as well as knowing and analyzing the effectiveness of the imposition of customary sanctions against the crime of adultery in Todanara Village, Ile Ape Timur District, Lembata Regency The research method used in this thesis uses empirical juridical research methods or field research. Results of research on trends in the use of customary law and the effectiveness of the imposition of customary sanctions against acts of adultery in Todanara Village, Ile Ape Timur District, Lembata Regency, the community still upholds cultural values ​​that bind communities to one another within the framework of family harmonization. The community also maintains family integrity so that it uses customary law as a persuasive approach to maintain broken social relations. The suggestion is that the government of Todanara Village, Ile Ape District, Lembata Regency can play an active role in increasing legal awareness through socialization and legal counseling to create a community that is aware of the law and that traditional leaders create a consensus with the community to create customary law with binding force so that it has a deterrent effect. for perpetrators of criminal acts of adultery and in applying customary sanctions, traditional leaders must reaffirm the customary rules that have been agreed upon, then provide customary sanctions that can minimize cases of adultery.
IMPLEMENTASI HAK-HAK NARAPIDANA BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2022 SERTA HAMBATAN-HAMBATANNYA DI LEMBAGA PEMASYARAKATAN KELAS IIA KUPANG Napu, Papy Michael; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13349

Abstract

Implementation of the rights of correctional inmates is a continuous development effort. This lack of attention to the fulfillment of prisoners' rights is closely related to prisoner development and can result in a sub-optimal process of prisoner development which fails in the initial objectives of the Correctional System. The main problems in this research are: (1) How are prisoners' rights implemented in the Kupang Class IIA Penitentiary based on Law Number 22 of 2022 concerning Corrections? (2) What are the obstacles in implementing prisoners' rights at the Kupang Class IIA Penitentiary? This type of research is qualitative research using a juridical-empirical legal research approach, namely an approach carried out in the field by collecting information by observing and interviewing sources related to the research that will be discussed in this research which was carried out at the Class IIA Correctional Institution Kupang, East Nusa Tenggara Province. The results of this research show that: (1) The implementation of prisoners' rights in the Kupang Class IIA Correctional Institution based on Law Number 22 of 2022 concerning Corrections, in general, can be said to be good, but it still needs to continue to be improved starting from carrying out worship according to religion and trust, receive physical and spiritual care, education, teaching and opportunities to develop potential, health services, information services, counseling, and legal assistance, submit complaints, participate in mass media broadcasts, be treated humanely, receive work safety guarantees and receive social services and accepting and refusing visits and their implementation will continue to be implemented until the prisoner has finished serving his sentence. (2) Obstacles include, among others, a shortage of guard duty personnel, a lack of budget, and a shortage of health and education personnel, in terms of education itself there is no special intellectual officer, even in recruitment, up to now there has been no recruitment for teaching staff, especially intellectual education.
AKIBAT HUKUM BAGI NARAPIDANA YANG MELAKUKAN TINDAK KEJAHATAN DI DALAM LEMBAGA PEMASYARAKATAN KELAS IIA KUPANG SERTA UPAYA PENANGGULANGANNYA Hida, Dian J. A; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13359

Abstract

The Criminal Code (KUHP) regulates the sanctions that will be received if a crime is committed. Persecution is regulated in Articles 351 to 356 of the Criminal Code. The provisions of these articles regulate ordinary abuse, light abuse, planned abuse, serious abuse, planned serious abuse, and abuse of people of certain qualities as well as abuse in the form of participating in attacks or fights. regarding abuse between prisoners, especially in relation to legal sanctions, the author is interested in studying this matter more by conducting research for writing a thesis entitled "Legal Consequences for Prisoners Who Commit Crimes in the Kupang Class IIA Penitentiary and Efforts to Overcome Them." This research is empirical juridical legal research with the approach method used in this research, namely: (1) Empirical legal research (empirical juridical) (2) This research uses a case approach. The results of this research show that: (1) Every violation of order committed by a prisoner will be resolved first through a mediation process. However, if the impact of the fight results in serious injuries, the prison officers will hand them over to the authorities. The punishments or sanctions given by Prison Officers to Prisoners who violate the provisions of the regulations in force in correctional institutions: Providing warnings or warnings to Prisoners if the violation is considered a minor violation, Throwing each Prisoner whose violation is considered a serious violation into solitary confinement, Does not grant remission or conditional release to any prisoner who has repeatedly committed violations. (2) Efforts to overcome criminal acts in prisons are Preventive Efforts (Socializing Human Rights values, Providing a sense of justice to all prisoners, Increasing Supervision of Correctional Institutions) and Repressive Efforts (imposing sanctions in the form of disciplinary action by placing them in seclusion cells and being quarantined according to the specified time or other sanctions determined by prison regulations.
ANALISIS TANGGUNGJAWAB PENYIDIK POLRI DALAM KASUS SALAH TANGKAP (ERROR IN PERSONA) TERHADAP TERSANGKA PELAKU TINDAK PIDANA Wibowo, Teguh Reksoarto; Pello, Jimmy; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13372

Abstract

The arrest process carried out by National Police investigators against suspects who are strongly suspected of having committed a criminal act may experience errors or mistakes that originate from human error, namely errors made by investigators in practice in the field. Mistakes in the arrest process have quite big consequences because if these mistakes are not immediately corrected they will continue in the following stages. The aim of this research is to find out what the responsibilities of a National Police investigator are and the legal measures that can be taken by victims of wrongful arrest.The research method used is a Normative law research method where the researcher obtains data via the internet and processes the data in the IMAM CHAMBALI Supreme Court Decision No. 89 PK/PID/2008. The data collection technique uses a case approach and literature study in the form of books, statutory regulations and other materials related to the problem being studied. Data analysis uses qualitative data analysis. The results of this research show that: First, The responsibility of POLRI investigators in the event of an error in person based on the Indonesian Criminal Procedure Law system is contained in Law no. 2 of 2002 concerning the National Police of the Republic of Indonesia and the Code of Professional Ethics for the Police of the Republic of Indonesia in the National Police Chief Regulation no. Pol. : 7 of 2006. Second, the legal remedies that can be taken in the event of an error in person by POLRI investigators based on the Indonesian Criminal Procedure Law system are in the form of compensation, rehabilitation and extraordinary legal remedies, namely judicial review. A convict who is serving a sentence from a decision that has legal force still has the opportunity to take extraordinary legal action, namely a judicial review.
TINJAUAN KRIMINOLOGIS TERHADAP KEJAHATAN PENCURIAN HANDPHONE DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG KOTA (STUDI KASUS TAHUN 2020 SAMPAI 2022) Merukh, Jems; Tallo, Daud Dima; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13442

Abstract

Recently in the city of Kupang there are often cases of theft of handphone which greatly disturb the security and public order in the city of Kupang. Therefore, according to the author, it is necessary to take countermeasures. This countermeasure effort is the responsibility of the Kupang City Police because their duties are law enforcement and maintaining order. The purpose of writing this thesis is to find out the factors that cause someone to steal a handphone in the Kupang City Police District Law area and to find out the efforts of the Police in tackling handphone theft in the Kupang City Police District Law area. The research method used is empirical juridical research, namely examining events in the field related to handphone theft, the factors that cause someone to steal a handphone in the Kupang City Police Legal area and the Police's efforts in tackling handphone theft in the Kupang City Police Law area with techniques interviews with members of the police and then the results of the interviews were analyzed qualitatively. The results of the study concluded: The factors of the occurrence of the crime of handphone theft in Kupang City are economic factors, environmental factors and victim negligence factors. As well as the efforts made by the Kupang City Police, namely pre-emptive, preventive and repressive efforts, and it is hoped that the Kupang City government will pay more attention to the welfare of the community by providing employment opportunities, it is hoped that there will be cooperation from the Kupang City Police and the community, increasing the effectiveness of Bhabinkamtibmas, and it is hoped that the Kupang City Police will increase the effectiveness of the disclosure of handphone theft cases.
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