Claim Missing Document
Check
Articles

Analisis Yuridis Turut Serta Melakukan Perkosaan Dan Pembunuhan Berencana(Studi Putusan Nomor 3/Pid.B/2017/PN.Cbn) Moeda, Devny Melyanta Antoneta; Manafe, Deddy R. Ch.; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22444

Abstract

Criminal acts committed together, such as ganging up, assault, rape, and premeditated murder, require separate proof of each element of the crime. Therefore, the author conducted this study with the following objectives: 1) To determine and analyze the judge's considerations regarding the criminal acts of participating in ganging up, assault, rape, and murder based on trial facts. 2) To determine and analyze the imposition of life imprisonment based on the purpose of sentencing. This study uses a normative legal research type by examining laws and court decisions. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials which are then analyzed descriptively qualitatively. The results of the study indicate that the panel of judges has actively considered the involvement of the defendant by paying attention to the elements of the criminal acts of rape and premeditated murder which have been proven through witness statements, evidence, and the defendant's statement. Although the elements of the crime of assault and assault have not been proven, the imposition of a life sentence does not reflect a balance between each of the crimes that have been proven, so that the objectives of punishment, both as retribution, general deterrence, and social rehabilitation, are not fully achieved.
Kelalaian Penyelenggara Yang Mengakibatkan Kecelakaan Dalam Road Race (Balap Motor) Di Kota Atambua Kabupaten Belu Besi, Alexandro Mario Louise Saka; Manafe, Deddy R. CH.; Djara Dima, Adrianus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22675

Abstract

This research investigates the negligence of organizers that resulted in accidents during road race (motorcycle racing) events in Atambua City, Belu Regency. The study was prompted by a fatal incident during a practice session, where inadequate technical inspection led a participant to lose control and crash into spectators, causing severe injuries and one fatality. The aim is to examine the forms of negligence committed by organizers and their legal implications. Employing a socio-legal research method with an empirical juridical approach, data were collected through interviews and direct observation at the incident site. The findings reveal that the negligence included poor supervision of vehicle conditions, non-compliance with safety standards, and weak coordination—actions considered to violate legal norms. Legal enforcement involves investigation, administrative sanctions by regulatory bodies such as the Indonesian Motor Association (IMI), and the potential for criminal liability under Article 359 of the Indonesian Criminal Code (KUHP), which addresses negligence causing death or serious injury.
Kajian Hukum Pidana Penyalahgunaan Dana Gereja: Studi Kasus Kupang Timur Priskila, Juane; Manafe, Deddy R. Ch.; Dede, Ngongo
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22696

Abstract

Misuse of funds occurred in two churches with a difference in funds that could not be accounted for by the previous treasurer, and the takeover of the management of church construction funds by active military members. Based on these problems, this study aims to determine and understand the criminal acts that occur in the management of church funds, as well as the form of criminal responsibility carried out in the East Kupang Classis and the Imatha Yonif 743/PSY Naibonat Church. The type of research used is empirical legal research, through an approach that emphasizes legal analysis seen from social reality. This study not only examines the applicable written legal norms, but also examines the application of the law in society, especially in the misuse of church funds. Data were obtained directly from the research location through interview techniques with sources from the East Kupang Classis Congregation and the Imatha Yonif 743/PSY Naibonat Congregation. In addition, data were also obtained from reading several literatures that were in accordance with the problem, then analyzed descriptively qualitatively. The results of the study show that the settlement of the case against the two churches was carried out internally by providing compensation in the form of replacement money by the parties involved and the dismissal of active military members from their positions as deputy chairmen of the congregation council. Therefore, a firm legal strategy and internal church policy are needed to strengthen the integrity and transparency in the financial management of religious institutions.
Tinjauan Viktimologis Tentang Peranan Korban dan Perlindungan Hukum bagi Korban dalam Terjadinya Kekerasan pada Masa Pacaran di Kota Kupang Andreas F. Ratoe Oedjoe; Aksi Sinurat; Deddy R. CH. Manafe
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2914

Abstract

Dating violence is an act of violence against a partner who is not yet married, including physical, psychological and sexual violence. The facts behind the occurrence of cases of violence during the dating period occur due to various causal factors, one of the factors that can cause these acts of violence can be caused by the victims themselves. The impact of violence in courtship is of course that there are parties who suffer both physically and psychologically and are entitled to their rights in the fulfillment and protection of their lives, as well as from psychosocial aspects that greatly affect the psychology and life of individuals and are very influential and reciprocal in the lives of victims, with the fulfillment of victims' rights such as medical treatment, counseling, therapy and rehabilitation, victims can be restored to normal. This study aims to determine the role of victim factors in the occurrence of violence in the dating period, as well as the form of legal protection for victims of dating violence. This research uses empirical legal research methods sourced from data obtained directly in the form of statements and opinions from respondents, namely the perpetrator, the victim, the Office of Women's Empowerment and Child Protection, and the PPA Polresta Kupang Kota. The results showed that the occurrence of violence during the dating period was also caused by the role of the victim, namely the provocation of the victim and the dependence of the victim on the perpetrator, then the results also showed that there was a form of legal protection for victims in the form of providing legal assistance, providing health assistance, spiritual assistance and rehabilitation.