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All Journal COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Elektriese: Jurnal Sains dan Teknologi Elektro Journal of Administrative and Sosial Science (JASS) Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Indonesian Journal of Contemporary Multidisciplinary Research Jurnal Hukum dan Sosial Politik Deposisi: Jurnal Publikasi Ilmu Hukum Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Jurnal Relasi Publik Jurnal Hukum Bisnis Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Artemis Law Journal Petitum Law Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Referendum aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Federalisme : Jurnal Kajian Hukum Dan Ilmu Komunikasi
Deddy R. Ch. Manafe
Faculty Of Law, Nusa Cendana University
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Analisis Penerapan Pasal 362 JO Pasal 64 Ayat (1) KUHP dalam Tindak Pidana Pencurian Emas: Studi terhadap Putusan Pengadilan Negeri Nomor 170/Pid.B/2023/PN Kpg Amanda Lastiningsi Pura Ndima; Deddy R. CH. Manafe; Adrianus Djara Dima
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.v6i1.2138

Abstract

This study examines the application of Article 362 jo Article 64 paragraph (1) of the Criminal Code (KUHP) in the Kupang District Court Decision Number 170/Pid.B/2023 against the defendant Sherly Oktaviana Nggeon, who was proven to have committed the crime of repeatedly stealing gold at her workplace, Toko Mas Sahabat. This study aims to assess the accuracy of the application of criminal law norms to concrete facts revealed at the trial and analyze the judge's considerations both from juridical and non-juridical aspects in imposing a verdict. The method used is a normative juridical approach with secondary data sources obtained through literature studies of laws and regulations, doctrines, and court decisions. The results of the study show that although the panel of judges has formally applied Article 362 jo Article 64 paragraph (1) of the Criminal Code by qualifying the defendant's actions as a continuing act (voortgezette handeling), this approach is not entirely appropriate substantively. The act of theft was carried out in different periods, against different objects, and accompanied by the forgery of a memorandum of sale of elements that can legally be qualified as a separate criminal offense based on Article 263 of the Criminal Code. However, in the judge's decision, this act of forgery was not explicitly considered either as an additional charge or as a burden of punishment. This raises the issue of justice, considering that the merging of all acts into one criminal act reduces the weight of criminal responsibility that the defendant should receive, and does not fully reflect the overall dimension of the crime committed. From a non-juridical aspect, the judge considered the defendant's background, good faith to return the damages, and the social and economic conditions of the defendant in imposing a two-year prison sentence. However, this consideration is considered disproportionate when compared to the amount of loss, the consistency of the evil act, and the existence of counterfeiting which contributes to aggravating the character of the crime. This study emphasizes the importance of a more comprehensive legal approach in qualifying compound crimes (concursus realis), as well as the need for judges to
Studi Kasus Tindak Pidana Pemerkosaan Ayah Terhadap Anak Kandung Di Wilayah Hukum Pengadilan Negeri Rote Ndao Modokh, Bacri; Manafe, Deddy R. CH.; Dima, Adrianus Djara
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.v1i2.15896

Abstract

The crime of rape is very worrying especially if the victims are children who are still minors, because this affects the psychological development of children and causes trauma for the rest of their lives. In addition, their future becomes bleak and they have no future. The perpetrators of the crime of rape are often people known to the victim, some are even related, and the most concerning is a father who rapes his biological daughter. The conclusions of this study are: (1) The form of legal protection for child victims of rape in the jurisdiction of the Rote Ndao District Court is in the form of assistance from the PPA during the investigation process, the victim gets protection during the trial so as not to be under pressure the victim is returned to the parents after the trial without going through the rehabilitation process. (2) Consideration of Judges in Criminal Sentencing against perpetrators of Rape of biological children in the jurisdiction of the Rote Ndao District Court is appropriate, based on the testimony of witnesses and the confession of the defendant with evidence in the trial, as well as the judge's consideration of matters that aggravate the defendant, accompanied by consideration of matters that can alleviate the defendant, taking into account the relevant laws, and strengthened by the judge's confidence in imposing a fair decision.
Penanggulangan Tindak Pidana Cyberbullying Terhadap Anak Di Indonesia Perspektif Sistem Hukum Lawrence Meir Friedman Pian, Marlan; Medan, Karolus Kopong; Manafe, Deddy R. CH.
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.v2i1.16936

Abstract

Cyberbullying itself is an extension of the old crime, namely bullying. The difference is, bullying occurs in the real world and is carried out with physical contact between the perpetrator and the victim, while cyberbullying occurs online via electronic media without requiring direct physical contact. However, the impact caused by cyberbullying is proven to be more severe, the victim can experience psychological disorders, not only mental disorders, but also disorders that affect the victim's physical condition. Because digital traces in cyberspace are also difficult to erase, the author conducted this research with the aim of tackling the crime of cyberbullying specifically for children who are victims. Based on this, problems can be formulated: (1) What is the legal system for dealing with cyberbullying crimes against children in Indonesia? (2) What is the legal system for dealing with criminal acts of cyberbullying against children in Indonesia from the perspective of Lawrence Meir Friedman's legal system? This research is doctrinal legal research with research locations in the regional library of East Nusa Tenggara Province. Data obtained using library study techniques. From the research results it was found: (1) The policy for dealing with cyberbullying in criminal law is included in the field of penal policy which is part of criminal policy (crime prevention policy). (2) Countermeasures according to Lawrence Meir Friedman are Legal Structure, Legal Substance, Legal Culture.
Faktor Penghambat Penanganan Komentar Netizen Yang Mengandung Kebencian Hate Comments Netizen di Tinjau dari Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan Transaksi Elektronik (Study Kasus Pada Kepolisian Resort Kupang Kota) lega, maria yosefa elista; Medan, Karolus Kopong; Manafe, Deddy R. CH.
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.v2i1.19504

Abstract

Malicious comments from netizens circulating on social media in Kupang City are increasingly frequent. Over the past five years, there have been 225 police reports regarding malicious comments from netizens whose content leads to criminal acts of insult and/or defamation and hate speech, but the handling by the police in the Kupang City Police Resort area has not been optimal. Therefore, the main problem of this study is what are the inhibiting factors in handling malicious comments from netizens and the efforts made by the police in the Kupang City Police Resort area to overcome these inhibiting factors. The purpose of this study is to determine and describe the inhibiting factors and efforts made by the police in the Kupang City Police Resort area in handling malicious comments from netizens in Kupang City. The methods used are document/literature studies and field research by interviewing a number of key informants. The findings of this study show that the inhibiting factors in handling malicious comments from netizens by the police in the Kupang City Police Resort are (1) limited number, quality and capability of police personnel who are authorized and tasked with handling cybercrime, including malicious comments from netizens; (2) limited supporting facilities and infrastructure, both quantitatively and qualitatively, such as equipment and finances; (3) lack of knowledge and understanding of laws and regulations regarding netizen hate comments.
KAJIAN HUKUM PIDANA TERHADAP PEDAGANG KAKI LIMA (PKL) YANG MENGGUNAKAN FASILITAS UMUM UNTUK BERJUALAN DI TAMAN BUNDARAN TIROSA KOTA KUPANG Liu, Daud Jonatan; Manafe, Deddy R. CH.; Djara Dima, Adrianus
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.v2i1.16297

Abstract

The Kupang City Environment and Hygiene Service (LHK) and UPTD Park installed a sign prohibiting selling in the Tirosa statue roundabout area. Facts show that street vendors are still selling at the end of park and on the shoulders of roads. This research is empirical legal research that examines all legal events that have occurred through a case approach. Data collection was carried out by interview and document study. Tthe data is presented in a qualitative descriptive manner. The results of this research show that criminal law regulations for traders who use public facilities to sell have been regulated in Kupang City Regional Regulation 56 of 2002 concerning Regulation of Business Places and Development of Street Vendors in Kupang City. The application of criminal law for traders who use public facilities to sell at Tirosa Roundabout Park, Kupang City can involve several relevant legal aspects, depending on the type of violation committed. Punishments can take the form of administrative sanctions, fines, or even business closure. Therefore, a comprehensive and sustainable approach is needed to managing street vendors by Involving stakeholders, education, and designing supportive policies can create a more orderly and mutually beneficial environment for all parties.
Tinjauan Kriminologis Terhadap Kasus Bunuh Diri Yang Terjadi Di Kota Kupang Sonatha, Neni; Manafe, Deddy R. CH.; 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.v3i1.21468

Abstract

This study aims to analyze the factors causing suicide in Kupang City from a criminological perspective, focusing on three suicide cases that occurred among students. The method used in this study is a qualitative approach, which includes case studies, in-depth interviews with the victim's family, and analysis of official documents. The results of the study indicate that suicide is influenced by several factors, including academic pressure such as study load, thesis revision, and demands from lecturers; conflict within the family including forced choice of college major and discriminatory treatment; and psychological disorders such as depression and feelings of isolation. Based on Durkheim's theory, these cases can be categorized as anomic suicide, which is caused by difficulty adapting to academic pressure, and fatalistic suicide related to excessive family control. The most common methods used in these cases are hanging and jumping from bridges, which reflect the ease of access to tools and the geographical conditions in the area. To prevent similar incidents, multidisciplinary collaboration is needed that includes counseling services on campus, strengthening communication within families, community support programs, and policy interventions from the police and government. This study emphasizes the importance of a holistic approach in addressing the problem of suicide, by combining psychological, social, and institutional aspects.
Perspektif Hukum Pidana Terhadap Tindak Pidana Cyber Pornography Dalam Penggunaan Platform OnlyFans Ferreira, Francisca Das Dores; Manafe, Deddy R. CH.; Dima, Adrianus Djara
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.v3i1.22216

Abstract

Technological advancements, especially in the internet and social media, have significantly impacted human life. In Indonesia, cyber pornography has become a growing concern, particularly through platforms like OnlyFans. Although such content is punishable under Indonesian criminal law, law enforcement in the digital space remains weak due to various challenges. This makes it essential to understand and address the misuse of digital platforms to prevent further spread of pornographic material. The problem formulation in this study focuses on the misuse of OnlyFans for cyber pornography, which violates Indonesian law. Although the platform is officially blocked by Kominfo, it is still accessible via VPN, allowing the illegal distribution of content. Under the ITE Law and the Criminal Code, individuals who intentionally share or profit from pornographic content may face imprisonment and fines. Therefore, stronger legal enforcement and increased public awareness are urgently needed. This research uses a normative juridical approach, combining qualitative analysis and legislative review. The study is based on secondary legal materials, analyzed through a descriptive method. The findings reveal that OnlyFans facilitates paid transactions between creators and fans for pornographic content. Despite being blocked, access via VPN continues. Current laws and government measures are insufficient to address technological developments, especially regarding OnlyFans. Effective legal action requires better technological understanding and greater public awareness. The study concludes that various motivations drive the use of OnlyFans for pornography, which can potentially lead to further criminal acts under Indonesian law.
Kepastian Hukum Penerapan Pasal 12B Ayat (1) Undang–Undang Nomor 20 Tahun 2001 Tentang Gratifikasi Dalam Kasus Tindak Pidana Korupsi Di Pengadilan Negeri Klas 1 A Kupang Mo'a Belang, Ingrid Vianey Cendanawati; Manafe, Deddy R. CH.; Dima, Adrianus Djara
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.v3i1.22267

Abstract

Corruption is categorized as part of special criminal law, which means it has specific characteristics that distinguish it from general criminal law. Unlike ordinary crimes, corruption involves abuse of power, tends to be systemic, and often includes complex financial transactions. It is widely recognized as an extraordinary crime and is frequently referred to as a white-collar crime because it typically involves individuals in positions of authority or influence. Due to its hidden and sophisticated nature, corruption poses a serious threat to the functioning of government institutions, public trust, and legal order. For these reasons, extraordinary legal instruments are essential in addressing and eradicating corruption effectively. This study focuses on two primary legal issues: (1) How is the reverse burden of proof applied in gratification cases at the Class 1A Kupang District Court? and (2) How is legal certainty upheld in the application of Article 12B paragraph (2) in the trial of corruption cases? The research uses a normative juridical approach, employing both conceptual and statutory methods, with deductive and/or inductive reasoning to obtain objective legal understanding. The reverse burden of proof under the Corruption Crime Law is applied mainly to examine unexplained increases in a defendant’s assets. The prosecutor must first show irregularities in the defendant’s assets, but the defendant must prove their legality. The unclear formulation risks undermining the presumption of innocence, so the reverse burden of proof should be a special exception balancing both parties’ rights.
Peran Lembaga Pemasyarakatan Dalam Menanggulangi Kekerasan Yang Dilakukan Sesama Narapidana Di Lembaga Pemasyarakatan Kelas II A Kupang Ludji, Selvia Enjelita; Amalo, Heryanto; Manafe, Deddy R. CH.
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.v2i2.20857

Abstract

Criminals with various backgrounds and levels of violent crime are in the same place, which causes the coaching process to not run as expected. Prison sentences have not been able to deter perpetrators of violent crimes. This can be proven by the increasing number of violent crimes that occur in prison environments. Activities in correctional institutions are not just to punish or guard prisoners but include a coaching process so that inmates realize their mistakes and improve themselves and do not repeat the crimes they have committed. The main problems of this research are (1) What are the factors causing violence between inmates in Class II A Kupang Penitentiary? (2) What is the role of the Penitentiary in overcoming violence between inmates in Class II A Kupang Penitentiary?. This type of research is Empirical legal research. The approach in this study is a qualitative descriptive approach. The location of the research that the author took was the Class II A Kupang Correctional Institution. The sources and types of data used are primary data and secondary data. Data collection techniques use interview techniques and literature studies. Data management and analysis in this study use qualitative descriptive analysis.
Comparison of Judge's Decisions Regarding the Crime of Murder Guterres, Deny Susilo; Deddy R. CH. Manafe; Rosalind Angel Fanggi
Indonesian Journal of Contemporary Multidisciplinary Research Vol. 3 No. 3 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/modern.v3i3.9200

Abstract

The judge's considerations are one of the most important aspects in determining the realization of the value of a judge's decision which contains justice and legal certainty, besides that it also contains benefits for the parties concerned so that the judge's considerations must be addressed carefully, well and carefully. The formulation of the problem in this research is, How does the Judge's Decision Compare with the Crime of Murder? This research uses normative juridical legal research methods. The data collection technique is based on the type of approach in this paper, namely the statutory approach and the conceptual approach. Analyzed using descriptive methods. The results of the research show that the comparison of the judge's decision regarding the crime of murder from the three decisions can be seen from two aspects, juridical and non-juridical. Apart from that, the judge has the authority to update the law and find the law, so that the judge is able to see the weight of the crime and the suitability of the evidence. decide decisions that make each decision different, with the same type of crime, but a different panel of judges. This is what makes this research interesting compared to others
Co-Authors Abyo Yohanis Fudikoa Adi Papa Putra Adrianus D. Dima Adrianus Djara Dima Adrianus Djara Dima Akbar Nur Wijaya Asra Alven Patrick Tanggo Amanda Lastiningsi Pura Ndima Andreas F. Ratoe Oedjoe Antonius Padua Naicea Aprison Haga Ariyunus Giku Laya Beda Soedrio Bhisa V. Wilhelmus Bhisa Vitus Wilhelmus Chatarina Seina Marina Moses Dando Dania Anjali Khana Kale Daniel Klau Darius A. Kian Debi F. Ng. Falo Dilla Kartika Odje Dima, Adrianus Djara Djara Dima, Adrianus Ferreira, Francisca Das Dores Gilberth Brechmans Julyan Kugu Guterres, Deny Susilo Heryanto Amalo Imanuel Oscar C. Kote P. A. Imelda Rosari Bau Joana Fransiska Manek Jolo, Valerio Roberto Laki Nuwa Juliet Larasati Anggeliq Nugroho Karolus Kopong Medan Ketut Yugi Paulus M. Elliek lega, maria yosefa elista Liu, Daud Jonatan Ludji, Selvia Enjelita Making, Maria M.F Maria Oktarina Ojastika Dirman Maria Oktarina Ojastika Dirman Maria Sonia Natalia Soda Dhema Mo'a Belang, Ingrid Vianey Cendanawati Modokh, Bacri Monika Yuliani Mamir Tanar Naga, Dian Constantia Stelariani Nikolas Manu Nikolas Manu Nikolas Manu Orpa G. Manuain Petra Alwin Naitboho Pian, Marlan Risna Astuti Rivaldus Ronjo Rosalind Angel Fanggi Rosalind Angel Fanggi Rosalind Angel Fanggi, Rosalind Angel Rudepel Petrus Leo Sinurat, Aksi Sonatha, Neni Thelma S.M. Kadja Wilhelmus, Bhisa V. Yoaclino De Vedruna Ximenes