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The Effectiveness of Non-Litigation Resolution for Recurrent Domestic Violence And Efforts to Address it in Kupang City Louise Marie Gere Kopa; Rudepel Petrus Leo; Deddy R. Ch. Manafe
Journal Kompilasi Hukum Vol. 11 No. 1 (2026): Jurnal Kompilasi Hukum
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jkh.v11i1.317

Abstract

Domestic violence is a human rights violation that continues to occur frequently and tends to be recurrent, indicating that existing response mechanisms are not yet optimal. One approach used in addressing domestic violence is non-litigious resolution through mediation, counseling, and psychological support. This study aims to analyze the effectiveness of non-litigious resolution for cases of recurring DV in Kupang City and to examine the mitigation efforts undertaken to reduce the incidence of recurring violence. This study employs an empirical legal approach using mixed methods. Primary data were collected through questionnaires and interviews with 60 respondents—comprising 30 victims and 30 perpetrators of repeated domestic violence—as well as interviews with law enforcement officials and relevant institutions, namely the Kupang City DP3A, LBH APIK NTT, and Rumah Harapan GMIT. Secondary data were obtained through a literature review of relevant laws and regulations and academic literature. The research findings indicate that non-litigation resolution is effective in reducing the intensity of violence and aiding victims’ psychological recovery in the short term. However, long-term effectiveness remains limited due to perpetrators’ low willingness to change, victims’ economic and social dependence, weak post-resolution monitoring, and deeply ingrained patterns of violence. Therefore, addressing recurring domestic violence requires an integrated approach through the combination of non-litigation and litigation mechanisms, institutional strengthening, victim empowerment, and continuous monitoring. The findings of this study are expected to serve as input for the government and relevant agencies in formulating more effective and sustainable policies for addressing domestic violence.
Analisis Yuridis Turut Serta Melakukan Perkosaan Dan Pembunuhan Berencana(Studi Putusan Nomor 3/Pid.B/2017/PN.Cbn) Devny Melyanta Antoneta Moeda; Deddy R. Ch. Manafe; Rosalind Angel Fanggi
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 Alexandro Mario Louise Saka Besi; Deddy R. CH. Manafe; Adrianus Djara Dima
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 Juane Priskila; Deddy R. Ch. Manafe; Ngongo Dede
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.
KAJIAN TENTANG PROSES PENANGANAN TINDAK PIDANA PEMBUNUHAN OLEH ORANG DENGAN GANGGUAN KEJIWAAN (STUDI KASUS DI POLRES TIMUR TENGAH SELATAN) Adipura Alden Putra Banfatin; Bhisa Vhitus Wihelminus; Orpa Ganefo Manuain; Deddy R.Ch. Manafe
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 6 (2026): Jurnal Riset Multidisiplin Edukasi (Juni 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i6.2180

Abstract

Murder is one of the most serious crimes against life, carrying significant legal, social, and humanitarian consequences. Legal issues become more complex when the perpetrator is a Person with Mental Disorders (ODGJ), as the individual's mental condition may affect the capacity to understand and be held criminally responsible for the act committed. Under Article 44 of the Indonesian Criminal Code (KUHP), a person who commits a criminal act while suffering from a mental disorder cannot be punished if it is proven that they are incapable of being held responsible for their actions. This study aims to analyze the legal considerations underlying the decision of the Timor Tengah Selatan Regional Police to terminate the investigation of a murder case committed by a person with mental disorders and to examine the legal handling process applied to such offenders. This research employs an empirical legal method with a case approach. Data were collected through interviews with investigators and related parties at the Timor Tengah Selatan Regional Police and through a literature review of legislation, legal doctrines, and supporting documents. The data were analyzed qualitatively by correlating empirical findings with applicable legal provisions. The findings reveal that the termination of the investigation was based on Article 44 of the Indonesian Criminal Code, Article 109 paragraph (2) of the Criminal Procedure Code (KUHAP), Regulation of the Chief of Police Number 6 of 2019 concerning Criminal Investigations, and psychological examination results indicating that the offender suffered from a mental disorder and was therefore incapable of criminal responsibility. The legal handling process included preliminary investigation, formal investigation, witness examination, evidence collection, psychiatric assessment, case review, issuance of an Order for Termination of Investigation (SP3), and recommendations for medical rehabilitation. The study concludes that the handling of murder cases involving persons with mental disorders requires an integrated approach encompassing legal, medical, and humanitarian perspectives to ensure legal certainty, substantive justice, protection of human rights, and recovery of the offender’s mental condition. These findings highlight the importance of coordination among law enforcement agencies, mental health professionals, prosecutors, and the offender’s family in managing criminal cases involving persons with mental disorders in a professional and equitable manner.
Co-Authors Abyo Yohanis Fudikoa Adi Papa Putra Adipura Alden Putra Banfatin Adrianus D. Dima Adrianus Djara Dima Adrianus Djara Dima Adrianus Djara Dima Akbar Nur Wijaya Asra Alexandro Mario Louise Saka Besi 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 Vhitus Wihelminus Bhisa Vitus Wilhelmus Chatarina Seina Marina Moses Dando Dania Anjali Khana Kale Daniel Klau Darius A. Kian Debi F. Ng. Falo Devny Melyanta Antoneta Moeda 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 Juane Priskila Juliet Larasati Anggeliq Nugroho Karolus Kopong Medan Ketut Yugi Paulus M. Elliek lega, maria yosefa elista Liu, Daud Jonatan Louise Marie Gere Kopa 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 Ngongo Dede Nikolas Manu Nikolas Manu Nikolas Manu Orpa G. Manuain Orpa Ganefo Manuain Petra Alwin Naitboho Pian, Marlan Risna Astuti Rivaldus Ronjo Rosalind Angel Fanggi Rudepel Petrus Leo Rudepel Petrus Leo Sinurat, Aksi Sonatha, Neni Thelma S.M. Kadja Wilhelmus, Bhisa V. Yoaclino De Vedruna Ximenes