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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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TINJAUAN KRIMINOLOGIS TERHADAP PEMBUNUHAN ANAK OLEH PELAKU ORANG DENGAN GANGGUAN JIWA SECARA PERIODIK DI DESA NIRANGKLIUNG KABUPATEN SIKKA Anan, Maria Kasia; 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.v1i1.13443

Abstract

The murder case was carried out by the accused Alosius Lada committing the murder of his nephew Veronika Viance. The main issue in this study is: (1) Are the factors causing the occurrence of murder of children by perpetrators of persons with mental disorders periodically in the village of Nirangkliung, Sikka district? (2) Can a person with a mental disorder committing murder be charged with criminal responsibility? (3) How did the police attempt to persecute the perpetrator of the murder of a child by a person with a mental disorder periodically in the village of Nirangkliung, Sikka district?. This research is empirical law research, which studies and analyzes data obtained from the research site. This research was conducted at the Resor Sikka police. Data processing was done with data obtained from both primary and secondary data and analyzed descriptively-qualitatively. The results of this study show that: (1) The causes of murder of children by perpetrators of people with mental disorders periodically include internal and external factors. Internal factors include revenge, mental/psychological disorder, emotional, and misunderstanding. External factors include environmental influences, and economic factors. (2) Criminal responsibility for the perpetrator of murder by a person with a mental disorder periodically covers Article 44 Paragraph (1) of the Covenant which reads: "Anyone who commits an act that is unacceptable to him because his soul is deficient in growth or disturbed by disease shall not be punished. (3) The attempt by the police to denounce the perpetrator of the murder of a child by a person with a mental disorder periodically constitutes a repressive attempt. In this case, the author suggests that such facilities and facilities as a psychiatric hospital in particular in Kabuparen Sikka are urgently needed. For the health service it is advised to give more socialization to the public about the dangers of a person with a mental disorder wandering in a community settlement.
PERTANGGUNGJAWABAN PIDANA ANAK TERHADAP KASUS PEMBUNUHAN YANG DILAKUAN TERHADAP IBU KANDUNG DI WILAYAH HUKUM PENGADILAN NEGERI ATAMBUA, KABUPATEN BELU (STUDI TERHADAP PUTUSAN NOMOR:3/PID.SUS/2019/PN.ATB) Asa, Rynaldo Jonathan Belka Asoli; Amalo, Heryanto; Kian, Darius A
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.v1i1.13511

Abstract

A criminal case of murder committed by a child against the biological mother which occurred in Manu Mutin Sub-district, Atambua City Sub-district, Belu district. The researcher formulated two main problems, namely, what is the criminal responsibility of chidren who commit the crime of mudering their biological monther in the jurisdiction of the Atambua District Court, Belu Regebcy? And what are the efforts to deal with cases of chid murder of biological mother in Manu Mutin sub-district, Atambua City sub-district, Belu district?. From the result of the research, a conclusion was made abaout criminal responsibility by testing the ability to be responsible where the child was aware of his actions and in the trial no justification or excuse was faound and in proving guilt it was seen from the elements of the act and the element of intent and the countermeasures applied were penal efforts where the child was sentenced. Improsonment and job training in kupang children’s prison as well as charging children court costs. The next effort is a non-penal effort through a legal education program related to juvenile crime. So the suggestions rposed regarding criminal responsibility for children must pay more attention to the provisions set out in law number 11 of 2012 and law enforcers play an active and increased role in carrying out educational outreach to te general public.
FAKTOR PENYEBAB APARAT KEPOLISIAN TIDAK MENINDAK TEGAS SERTA UPAYA PENANGGULANGAN EKSPLOITASI ANAK OLEH ORANG TUA MENJADI PENJUAL MAKANAN DAN KORAN DI LAMPU MERAH ELTARI KOTA KUPANG Pono, Yohanis Soni; 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.v1i1.13611

Abstract

A child is a gift given by God Almighty from birth which has inherent dignity and worth as a human being which cannot be separated, increased or reduced. Children are also the next generation of the nation and have a role in ensuring the future progress of the nation and state. This research is empirical legal research carried out in Kupang City. Data collection techniques use interview and observation techniques. The data used are primary and secondary data. This research was conducted at the Kupang City and Eltari Police. The results of data processing were analyzed descriptively qualitatively. The results of this research show: (1) The police do not take firm action against parents who exploit children due to four factors, namely, legal factors, law enforcement factors, facility factors, and community factors. (2) Police efforts to exploit children by parents consist of pre-emptive efforts, preventive efforts and repressive efforts.
SEBAB DAN AKIBAT SERTA PERTANGGUNGJAWABAN HUKUM TERHADAP KASUS SALAH TANGKAP (ERROR IN PERSONA) DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG KOTA Nainatun, Maryani Tefliana; Amalo, Heryanto; Kian, Darius A
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.14919

Abstract

Basically, problems with the application of the presumption of innocence in criminal cases still often occur in the resolution of criminal cases. This also makes it possible for victims to be wrongly arrested due to a lack of evidence but when they are arrested. This research is empirical juridical research, where this research was carried out at the Kupang City Police Department. The data obtained in this research is qualitative data, using interview guidelines with informants and respondents, then the data is processed into qualitative descriptive. The results of this research show that: (1) the causes of cases of victims of wrongful arrest (error in person) in the jurisdiction of the Kupang City Police, which are more directly related to the internal factors of each member, namely regarding their knowledge, skills, and attitudes and behavior as a member police. (2) The consequences for the victim of wrongful arrest and violence and abuse by individuals include losses experienced by the victim, these losses are material losses and immaterial losses. (3) Responsibility for victims of wrongful arrest and abuse by police officers can be dealt with criminally or code of ethics, victims can also demand legal protection such as rehabilitation or restoration of their good name as well as compensation in the form of compensation.
IMPLEMENTASI PERAN KEPOLISIAN DAN HAMBATAN-HAMBATANNYA DALAM MENGUNGKAPKAN KASUS PEMBUNUHAN BERENCANA DI WILAYAH KEPOLISIAN RESOR SABU-RAIJUA Banga, Ar; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.15244

Abstract

Premeditated murder in the Criminal Code (KUHP) is regulated in article 340 of the Criminal Code, which states: "Anyone who deliberately and with premeditation takes the life of another person, is threatened with premeditation, with the death penalty or imprisonment for life or for a certain period of time a maximum of 20 years. This research aims to find out the role of the police in disclosing cases of premeditated murder in the Sabu-Raijua resort area, and what obstacles they experience in disclosing these cases, as well as the factors that cause the crime of premeditated murder and arriving at solutions faced by investigators in the process. investigation. This research uses empirical juridical methods, namely methods that are studied through field research approaching existing facts and then using relevant laws and regulations as a basis for reviewing analyzing legal research as a reference for problem solving. Looking for the factors causing the occurrence and handling, obtained from primary and secondary data from interviews with the police (criminal investigators), village heads, community leaders and victims' families. As well as with literature studies and qualitative descriptive data analysis. The results of this research show that the role of the police in uncovering criminal cases of premeditated murder is very important, because the role of the police in criminal justice is at the forefront. Namely by carrying out the duties of an investigator related to arrest, detention, searches, confiscation of evidence, examination of documents and witnesses, suspects and assistance from experts. In doing this, the police are tasked with finding out the real truth. Apart from that, this research aims to find out what obstacles are faced and what solutions there are to get the truth about the causes of premeditated murder crimes in the Sabu-Raijua Resort area.
Tinjauan Yuridis terhadap Pertimbangan Majelis Hakim dalam Memutus Perkara Pidana Persetubuhan Anak: (STUDI : Putusan N0. 80/PID.SUS/2023/PN KPG) Jafrai Musa Robo; Heryanto Amalo; Debi F. Ng. Fallo
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.v4i2.2390

Abstract

A child is defined as a person who is not yet an adult or a person who is still under the supervision of a parent or guardian. In Indonesia, regulations regarding child protection have been issued according to the needs of the community. One of the sexual violence that occurred in Sabu Raijua Regency was the crime of sexual intercourse with a child, namely in Decision Number 80/pid.sus/2023/PN Kupang. The threat of criminal penalties for perpetrators of the crime of sexual intercourse with a child has been regulated in Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. This research method uses normative legal research which is carried out by examining primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection technique used is library research. Based on the results of the research and discussion, that the basis for the consideration of the panel of judges in deciding the criminal case of child sexual intercourse (study: decision No.80/pid.sus/2023/PN Kpg is by considering legal and non-legal considerations. legal considerations are the indictment of the public prosecutor, the demands of the public prosecutor, the testimony of the victim's witness, the instructions and the testimony of the defendant. and non-legal considerations are seen from the psychological, philosophical, sociological aspects and the Circular of the Supreme Court No. 1 of 2017 concerning the Enforcement Formulation of the Results of the Supreme Court Chamber Plenary Session as a guideline for implementing tasks for the Court regarding the imposition of minimum sentences on perpetrators of child and adult crimes but the victims are children.
Tinjauan Yuridis Tentang Kebijakan Penanganan Narapidana Lansia (Suatu Analisis Terhadap Kesejahteraan dan Kesehatan Mental di Lembaga Pemasyarakatan Kelas II A Kupang) LeoDima, Harmingganov; Amalo, Heryanto; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.22135

Abstract

The increasing number of elderly inmates in correctional institutions presents new challenges for Indonesia’s legal system and correctional policy, particularly in the context of Eastern Indonesia. As part of the correctional population, elderly inmates have specific needs that are not yet fully accommodated by the existing system. This study aims to analyze the policy on the treatment of elderly inmates at Class IIA Correctional Facility in Kupang and assess its effectiveness in ensuring their well-being and mental health, including identifying key obstacles and formulating adaptive rehabilitation approaches. The research adopts an empirical juridical method by combining normative analysis of relevant legislation with field studies conducted through interviews, observation, and documentation. The findings reveal that current policies are insufficiently responsive to the specific conditions of elderly inmates. Key issues identified include the limited availability of medical personnel and mental health services, inadequate elderly-friendly infrastructure, and the absence of rehabilitation programs tailored to their physical and psychosocial conditions. This study concludes that the correctional system remains oriented toward a standard model that fails to comprehensively address the needs of vulnerable groups. Therefore, there is an urgent need for participatory correctional policies based on individual needs and strengthened rehabilitative approaches. Moreover, this research contributes to the enrichment of legal literature on correctional policies for elderly inmates at the regional level, particularly in Eastern Indonesia, which has received limited attention in academic discourse.
ANALISIS KRIMINOLOGIS TERHADAP PERJUDIAN BOLA GULING DI PASAR MINGGUAN RAJA DAN BOAWAE KABUPATEN NAGEKEO PROVINSI NUSA TENGGARA TIMUR Lepe, Salmania; Amalo, Heryanto; Fallo, Debi F. Ng
Petitum Law Journal Vol 3 No 1 (2025): Petitum Law Journal Volume 3, Nomor 1, November 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i1.22445

Abstract

This study examines the criminological factors underlying the high activity of rolling ball gambling in Pasar Mingguan Raja and Boawae, Nagekeo Regency, NTT. Qualitative empirical methods were applied through observation, interviews, and document analysis. The research findings revealed six contributing factors: (1) economic pressures such as poverty and unemployment; (2) market culture that makes gambling a common form of entertainment; (3) weak implementation of religious values; (4) lack of supervision and law enforcement due to limited human resources and geographical conditions; (5) low levels of education and legal awareness in society; and (6) the influence of a permissive environment (differential association). The countermeasures taken by the Boawae Police, such as counseling, patrols, raids, cooperation with community and religious leaders, and enforcement of Article 303 of the Criminal Code, have not achieved maximum results due to location mobility constraints, the existence of an early warning system from the perpetrators, low levels of community participation, and limited resources. In conclusion, an integrated holistic approach is needed, including consistent law enforcement, strengthening the economy, education, and revitalizing cultural and religious values.
TINJAUAN KRIMINOLOGI TERHADAP TINDAK PIDANA KEKERASAN ANTAR WARGA EKS TIMOR-TIMUR DAN WARGA LOKAL SECARA BERULANG-ULANG DI KABUPATEN KUPANG Pakh, Wian Krista; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 3 No 1 (2025): Petitum Law Journal Volume 3, Nomor 1, November 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i1.22474

Abstract

Recurrent violent conflicts between former East Timorese refugees and local communities in Kupang Regency (2005-2018) were caused by competition over economic resources, negative views, and identity issues after the 1999 referendum. This legal research investigates the causes and ways of resolving the conflict with a focus on Tanah Merah Village, Central Kupang—an area chosen because it has a long history of conflict and structural injustices that reflect the overall dynamics of the area. The methods used include structured interviews with stakeholders (sources: local residents, former refugees, traditional leaders, and the police) and secondary data analysis. The main findings highlight the causal factors that drive the conflict: high unemployment (especially among young people), limited legal insight, extortion practices, land disputes, and alcohol consumption that can trigger anarchic actions. Successful intervention measures include: (1) early prevention through security posts and legal education (reducing violence by 25% by 2022), (2) community-based mediation (with an effectiveness rate of 40% according to ELSAM 2021), and (3) strict enforcement of the law (Articles 170-182 of the Criminal Code). Policy recommendations include: regulating the sale of alcoholic beverages within a certain radius in conflict-prone areas, integrated job training programs for unemployed youth, and accelerating the customary land certification process to break the cycle of structural violence.
Analisis Yuridis Cyber Crime Pembobolan Dana Nasabah pada Aplikasi Mobile Banking dengan Modus Pembobolan Jalur Undangan Pernikahan Palsu Angela Gabriela Bupu; Karolus Kopong Medan; Heryanto Amalo
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1829

Abstract

The purpose of this research is to analyze the juridical cybercrime of breaking into customer funds on mobile banking applications with the mode of breaking into fake wedding invitation lines. This research is an empirical legal research that examines all legal events that have occurred through a case approach. Retrieval is done in two ways, namely interviews and document studies. The data obtained is then presented descriptively qualitative. The results showed that the form of responsibility of the Bank to the victim can be in the form of compensation or refund but if the customer can prove that the money was lost due to the fault of the Bank. The countermeasures taken by the Bank are strengthening the mobile banking security system while the efforts of the NTT Regional Police are conducting socialization, cyber patrols, and making preventive and repressive efforts. The obstacles experienced by the NTT Regional Police are the lack of government supervision in the use of the internet, aspects of evidence, and jurisdiction, as well as the lack of public knowledge of cyber crime. Therefore, suggestions for the results of this study are Suggestions that researchers can put forward are the need for special provisions that explicitly regulate mobile banking. The government should provide legal certainty to create a clean and safe social media environment.
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