Article Per Year (5 Year)
p-Index From 2021 - 2026
1.503
P-Index
This Author published in this journals
All Journal LAW REVIEW Jurnal Hukum IUS QUIA IUSTUM Jurnal Hukum Positum Supremasi Hukum JHCLS Refleksi Hukum: Jurnal Ilmu Hukum International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Transformatif: Ekonomi, Bisnis dan Kewirausahaan Aladalah: Jurnal Politik, Sosial, Hukum dan Humaniora Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Fransiskus Saverius Nurdin, Fransiskus Saverius
Program Studi Hukum Fakultas Ekonomi Bisnis Dan Humaniora, Universitas Kristen Wira Wacana Sumba
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 13 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 13 Documents
Search

 1   2 
ANALISIS DAN PRESKRIPSI YURIDIS ATAS PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENIPUAN Nurdin, Fransiskus Saverius; Petrus Tamu Tuya
SUPREMASI HUKUM Vol. 20 No. 01 (2024): Supremasi Hukum
Publisher : Fakultas Hukum Universitas Islam Syekh Yusuf

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33592/sh.v20i01.3368

Abstract

This study aims to question, analyze, and finally provide a juridical prescription of the Decision of the Panel of Judges of the Waingapu District Court Number: 48/Pid.B/2018/PN. Wgp, in trying a case of criminal fraud committed by the Amanda Permata Waingapu Cooperative management. Based on the research results, the panel of judges' decision stated that the defendants were proven guilty of committing the crime of "continuous fraud" as stipulated and threatened in Article 378 of the Criminal Code in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code with imprisonment for each -one year and five months each. This research is a normative juridical research with a statutory, conceptual approach and Case approach. This study concludes that the decision is far from the true legal purpose because it is not appropriate and does not consider the victim's loss. The verdict favored the defendants with light sentences and freed them from all claims for damages. The A quo case should have been a civil case. Keywords: Waingapu District Court, KSU Amanda, Victims, Prescription
Philosophical Discourse Relationship Articles 1 and 2 of the National Criminal Code, Such as Relationship of Human Body and Soul Nurdin, Fransiskus Saverius
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.9076

Abstract

KUHP is the result of a critical breakthrough for the Indonesian nation. What is interesting point about the National Criminal Code is that it accommodates the principle of material legality in addition to the principle of formal legality.  The arrangement of the quo principle is assumed to be similar to the reality of the relationship between the human body and soul. This article wants to discuss philosophically and conceptually 4 main things related to the reality of the Legality Principles of the Indonesian National Criminal Code. First, discuss the concept of philosophical presuppositions regarding the relationship between Articles 1 and 2 of the National Criminal Code and the relationship between body and soul in human reality according to several philosophers. Second: discuss the basic ontological reality of Article 1 of the National Criminal Code. Third: discuss the basic ontological reality of Article 2 of the National Criminal Code. Fourth: discuss the philosophical relationship between the two provisions of Article a quo. This research is normative legal research with a philosophical and legal approach. The results of the research show: First: the concept of philosophers' thinking, which in its essence really emphasizes the element of human unity as a complete reality composed of soul and body. Second: in ontological reality, the provisions of Article 1 of the Indonesian Criminal Code are laws and are a logical risk of modern law (legal positivism) which prioritizes the reality of visible and objective phenomena. Third: that in ontology the provisions of article 2 of the Indonesian Criminal Code are anthropological facts of the Indonesian people themselves starting from the journey of civilization, Pancasila as the basis of philosophy, the source of all sources of law, and the 1945 Constitution as the source of legal order (normative constitution). Fourth: the form of philosophical relationship between the two a quo provisions appears in the juridical, moral, and sociological synthesis of the new Indonesian Criminal Code.
Assessing Legal Protection Effectiveness for Women Facing Digital Sexual Violence Purnama Pratiwi, Putri Fransiska; A. Saiful Aziz; Fransiskus Saverius Nurdin; Gunarto; Maggouri Abdelaali
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i3.795

Abstract

The Electronic Information and Transactions Law functions as the principal legal framework for addressing online gender-based sexual violence in Indonesia; however, legal and structural weaknesses within this framework continue to obstruct the achievement of effective legal protection for victims. This study critically examines both the normative construction and empirical implementation of the ITE Law in order to formulate a more victim-oriented model of legal protection for individuals affected by online sexual violence. The research applies a constructivist paradigm through an empirical juridical method and utilizes a socio-legal approach supported by statutory and case-based analyses. This study identifies three principal findings. First, Article 27 paragraph (1) of the ITE Law prioritizes the regulation of digital content over victim protection, thereby weakening the victim-centered approach to online gender-based sexual violence. Second, the reliance on electronic document-based evidence, coupled with persistent victim-blaming practices, constrains the fulfillment of victims’ restitution rights and weakens their procedural legal position. Third, patriarchal cultural dominance sustains social stigma against female victims and discourages access to legal remedies. Based on these findings, this study proposes regulatory reform through the insertion of the phrase “with consent,” reclassification of offenses to protect victim identity, and strengthening public awareness of digital privacy to ensure effective and equitable legal protection.
Co-Authors A. Saiful Aziz Anderson Umbu Yawang Ernalinda Ndakularak Gunarto Huky Leba , Hendro Lathifah Hanim Maggouri Abdelaali Petrus Tamu Tuya Pratiwi, Putri Fransiska Purnama Victor Apriano R. Lazarus