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Perlindungan Hukum terhadap Anak Korban Tindak Pidana Pencabulan di Kabupaten Malaka Yoaclino De Vedruna Ximenes; Adrianus Djara Dima; Deddy R. Ch. Manafe
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3043

Abstract

Children are a trust and gift from the Almighty God in whom the honor and dignity of being a complete human being is inherent. Every child has dignity that should be upheld and every child born must receive their rights without the child asking. It's time for the wrong paradigm that thinks children have no rights and must always obey their parents. One of the problems of violence against children is sexual violence which is the focus of this research. The cases of violence that occur are one of the weaknesses in legal protection and protection of the human rights of children who are victims, even though it is the children who must be protected. Children's rights have been expressly stated in the constitution, that the state guarantees every child the right to survival, growth and development and the right to protection from violence and discrimination. The best interests of children need to be respected, as the best interests for the survival of humanity. So that everyone always tries to ensure that children do not become victims of violence, or children fall into committing evil acts or other disgraceful acts. In general, criminal law was born to regulate and organize community life in order to create and maintain public order. Thus, before using crime as a tool/sanction, it is necessary to understand the tool itself. The Criminal Code as the parent or main source of criminal law has detailed the types of crimes, as formulated in article 10 of the Criminal Code. The research results show that the legal process in Malacca Regency is running as the law should, while the research results regarding child protection are not running or being implemented as well as possible due to the lack of legal assistance in the form of safe houses for women and children, psychologists and so on. Lack of direct support from the government itself in handling cases that occur. It is only limited to outreach to residents regarding the impacts and things that should be done to achieve harmony within the families of Malacca Regency itself.
Peranan Penasehat Hukum dalam Menegakkan Hak dan Kewajiban Hukum Klien dalam Proses Peradilan Pidana serta Kendala-Kendala yang Dihadapi di Pengadilan Negeri Atambua Kabupaten Belu Catharina De Ricci Yovita Febriani Kiik; Rudepel Petrus Leo; Adrianus Djara Dima
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 1 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i1.901

Abstract

The purpose of this research is to analyze the role of legal counsel in upholding the legal rights and obligations of clients in the criminal justice process as well as the obstacles faced in Atambua District Court, Belu Regency. The research method used in this research is Empirical research. The result of this research is that the role of Legal Counsel in upholding the rights and legal obligations of clients in the criminal justice process at the Atambua District Court of Belu Regency is to provide legal assistance, uphold the human rights of suspects or defendants in court. The obstacles faced by counsel in upholding the rights and legal obligations of clients are that the BAP made by investigators is often denied and denied its truth and legality. The effort of legal counsel in facing the obstacles of assisting suspects or defendants in the Atambua District Court of Belu Regency is to escort the case until the verdict at the court level.
Faktor Penyebab dan Upaya Penanggulangan Kejahatan Pencurian yang Dilakukan Anak di Kota Kupang Sherly Floresti Anin; Rudepel Petrus Leo; Adrianus Djara Dima
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 3 (2024): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i3.1869

Abstract

Children are part of the generation that will continue the ideals and also serve as the foundation and hope of the nation. A child's background must be to do positive things to prepare them for life in the future, for example going to school and interacting with a positive environment. However, in reality, quite a lot of children are involved in negative things, for example theft. The formulation of the problem in this research is: (1) What are the factors that cause criminal acts of theft committed by children in Kupang City? (2) What countermeasures have been taken to overcome the occurrence of criminal acts of theft committed by children in Kupang City? This research is empirical juridical research and the data used are primary, secondary and tertiary data. This research used interviews with 19 respondents. The data was processed and analyzed descriptively qualitatively. The results of this research show that: (1) The factors causing theft committed by children come from internal factors or from within the perpetrator and external factors or from the environment where the perpetrator lives. (2) Efforts to overcome perpetrators by children: (a) Preemptive efforts, namely efforts made to instill good values ​​or norms. (b) Preventive efforts, namely preventing crimes before they occur. To optimize handling of this problem, the author suggests paying attention to several things: (1) The public is expected to further improve security in their residential environment to prevent theft crimes. (2) The police are expected to be more intensive in their efforts to prevent criminal acts from occurring in order to reduce criminal acts of theft that occur in Kupang City.
Upaya Pencegahan dan Penanganan Masalah Tindak Pidana Perdagangan Orang Ditinjau dari Perda Kota Kupang Nomor 3 Tahun 2019 tentang Pencegahan dan Penanganan Masalah Tindak Pidana Perdagangan Orang Adrya Gusmar Kapitan; Aksi Sinurat; Adrianus Djara Dima
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Juni : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i2.1150

Abstract

The purpose of this research is to analyze the efforts to prevent and handle the problem of human trafficking in review of kupang city regional regulation number 3 of 2019 concerning the prevention and handling of the problem of human trafficking. This research is an empirical juridical research method. The result of this research is that the Government and the Task Force on Human Trafficking have made various efforts in preventing and handling the problem of Human Trafficking in Kupang City by referring to Kupang City Regional Regulation Number 3 of 2019 and in the process of preventing and handling the problem of Human Trafficking in Kupang City there are several obstacles. The conclusion of this research is that the efforts to prevent and handle the problem of trafficking in persons carried out by the Kupang City Government and the Task Force for Trafficking in Persons have not been fully implemented in accordance with Kupang City Regional Regulation Number 3 of 2019, namely not implementing Administrative Control of Population Mutation and Migration, Control of Labor Placement, and Early Detection. Constraints experienced: a. Suboptimal Inter-Agency Coordination; b. Allocation of Meeting Time between Task Force Members is not optimal; c. Lack of Socialization at the Central and Regional Stakeholder Levels; d. Human Resources (HR) are Still Low. Inadequate Human Resources (HR); and e. Misuse of Technology and Information. The first suggestion is that the Kupang City Government and the Trafficking in Persons Task Force should implement activities to prevent and handle the problem of trafficking in persons in accordance with Kupang City Regional Regulation No. 3/2019 in full, namely by implementing activities to control the administration of population mutation and migration, control labor placement, and early detection. The second suggestion is that the Kupang City Government and the Human Trafficking Task Force should increase the number of inter-agency coordination meetings to unify the vision and mission of the Task Force in combating human trafficking.
Penyelesaian Perkara Menurut Ketentuan Adat Tentang Hewan Ternak Yang Masuk Ke Kebun Orang Lain: Studi Kasus Di Desa Motaulun Kecamatan Malaka Barat Kabupaten Malaka Daniel Klau; Deddy R. CH. Manafe; Adrianus Djara Dima
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 2 No. 1 (2025): Januari: Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v2i1.708

Abstract

Livestock is one of the main sources of income for rural communities, especially in Motaulun Village, Malacca Regency, West Malacca District. However, livestock that are not properly cared for by the owner can cause various problems. These disputes can be resolved through various means, both formally and informally. Many people prefer to resolve this dispute informally, namely through the settlement of cases outside the court. The settlement of cases outside the trial aims to find a solution that is acceptable to the parties, without having to follow a formal judicial process. This research is an empirical research, so the data source used is the primary data source, the primary data is obtained from the results of interviews. The Empirical Method is a legal research method that functions to see the law in a real sense and research how the law works in the community. The data were analyzed in a descriptive-qualitative manner. The results of this study show that: (1) The settlement of cases according to customary provisions carried out by the people of Motaulun Village goes through several stages, namely the first is a complaint from the victim to the Motaulun Village officials, the process of summoning the parties to the dispute, deliberations led by the traditional elder Ambei Fukun, the imposition of sanctions. (2) Factors that affect the community in Motaulun Village prefer alternative settlement outside of court, namely because of the existence of customary institutions as a forum in the settlement process, public legal awareness, fast and cheap settlement, and also distance. These factors influence the community in choosing to settle cases outside the court.
Penegakan Hukum Pidana terhadap Pelaku Tindak Pidana Penjual Pangan Kedaluwarsa di Tinjau dari Undang-Undang Nomor 18 Tahun 2012 tentang Pangan di Kelurahan Lasiana, Kecamatan Kelapa Lima, Kota Kupang Juliet Larasati Anggeliq Nugroho; Deddy R. Ch. Manafe; Adrianus Djara Dima
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Desember : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i4.1686

Abstract

This study aims to find out and analyze the Enforcement of Criminal Law Against Perpetrators of Expired Food Sellers in Review of Law Number 18 of 2012 concerning Food in Lasiana Village, Kelapa Lima District, Kupang City. This study is an empirical judicial research that is analyzed in a qualitative descriptive manner using primary legal materials and secondary legal materials obtained using interview, observation and documentation techniques. The results of this study show that (1) law enforcement against the sale of expired food in Lasiana Village is still not optimal (2) efforts to overcome the sale of expired food in Lasiana Village have been carried out through several approaches, but still need to increase effectiveness.
Upaya Kepolisian Dalam Menanggulangani Tindak Pidana Perdagangan Orang: Studi Kasus Polda NTT Chatarina Seina Marina Moses Dando; Deddy R. Ch. Manafe; Adrianus Djara Dima
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Desember : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i4.1692

Abstract

This study aims to find out and analyze the efforts made by the East Nusa Tenggara Provincial Police (Polda NTT) in tackling the crime of human trafficking in NTT Province. This type of research is an empirical research using primary data and secondary data collected using interviews and literature studies that are analyzed qualitatively descriptively. The results of this study show (1) the efforts made by the NTT Police in tackling human trafficking in NTT Province, namely Pre-Emptive efforts, Preventive efforts and Repressive efforts (2) obstacles faced by the police in tackling the crime of human trafficking, namely the number of perpetrators who are not detected and parents who are slow to report, the difficulty of the police in collecting evidence in prosecuting the perpetrators and the inability of the victims to Saying the truth is because the victim is afraid of things that can be dangerous.
Perlindungan Hukum Bagi Pasien dalam Pelayanan Kesehatan di Kabupaten Sabu Raijua Dela Sari Day; Orpa G Manuain; Adrianus Djara Dima
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i4.591

Abstract

This study aims to find out and analyze legal protection for patients in health services in Sabu Raijua Regency. This research is an empirical research supported by an empirical legal approach using primary data in the form of interviews with related parties and secondary data in the form of literature books, research journals, laws and regulations, the internet, dictionaries of articles or newspapers. which was obtained using interview methods and document studies and processed and analyzed in several stages, namely editing, data systematization, verification and interpretation and analyzed in a qualitative descriptive manner. The results of the study show that (1) Legal protection for patients in health services in Sabu Raijua Regency is contained in Law Number 17 of 2023 concerning Health, Law Number 73 of 1958 concerning Criminal Law Regulations for All Regions of the Republic of Indonesia and Amending the Criminal Code (KUHP), Law Number 1 of 2023 concerning the Criminal Code (KUHP), Burgelijk wetboek voor innesie (Civil Code). (2) Implementation of Legal Protection for Patients in Health Services in Sabu Raijua Regency Although it has been protected, in reality there are still shortcomings, namely it has not been implemented.
Perlindungan Hukum terhadap Pencipta Karya Sinematografi dalam Pembajakan Film pada Situs Streaming Ilegal : Ditinjau dari Undang-Undang Informasi dan Transaksi Elektronik Maria Oktaviani Kartika Tua; Aksi Sinurat; Adrianus Djara Dima
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 4 (2024): Desember : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i4.922

Abstract

Internet users in the use of information have given rise to two opposite sides, where on the one hand it is easier in terms of access and utilization of information, while on the other hand it causes various kinds of illegal acts, one of which is copyright infringement in the form of film piracy which is currently inserted through illegal streaming sites resulting in losses for the creators of cinematographic works. This of course violates the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics concerning the Implementation of Content Closure and/or User Access Rights, Copyright Infringement and/or Related Rights in Electronic Systems. This research is a normative juridical research using a legislative and conceptual approach, using legal materials from literature and the internet as a source of legal materials. The results of the study show: (1) The form of legal protection for the creators of cinematographic works in film piracy on illegal streaming sites is reviewed from the ITE Law in a preventive manner regulated in Articles 23-25, Article 25, Article 32 paragraphs (1) and (2) of the ITE Law and has been repressively regulated in Article 48 paragraphs (1) and (2) of the ITE Law and the Joint Regulation of the Minister of Law and Human Rights & the Minister of Communication and Information related to Content Closure. (2) The effectiveness of the legal protection provided by the government to the creators of cinematographic works in the piracy of films on illegal streaming sites provided by the government through the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics related to site blocking cannot be said to be effective until now because the legal factor itself has not sufficiently accommodated the protection of creators clearly in the event of film piracy on illegal streaming sites.
Analisis Penegakan Hukum terhadap Tindak Pidana Korupsi yang Dilakukan oleh Pejabat Tinggi Militer Revony Lede Rihi; Heryanto Amalo; Adrianus Djara Dima
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 2 No. 1 (2025): Maret : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v2i1.1248

Abstract

Corruption crimes are not only committed by civilians, but can be committed by military soldiers, namely the TNI who are educated with discipline. The handling of corruption cases committed by TNI soldiers together with civilians is handled through a connexity trial regulated in the Criminal Procedure Code. Although there are rules governing, there are still discrepancies in law enforcement. The main problems in this study are: (1) Is it appropriate for corruption cases committed by military officials to be tried in the Military Court? (2) What are the obstacles in law enforcement against high-ranking military officials who commit corruption crimes?This research is normative legal research, namely by examining literature or legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Normative legal research is a scientific research procedure to find the truth based on the logic of legal science from its normative side. The results of this study indicate that: (1) is it appropriate for corruption cases by military officials to be tried in the Military Court: The handling of corruption cases in Basarnas involving active military personnel who are tried in military courts is considered inappropriate because it will create an impression of inconsistent law enforcement, because it contradicts the provisions of Law No.8 of 1981 concerning the Criminal Procedure Code and Law No.48 of 2009 concerning Judicial Power. (2) Obstacles in law enforcement against high-ranking military officials who commit corruption crimes: Corruption crimes involving active military members stem from disharmonization of laws in the provisions of the Military Justice Law, Corruption Court Law, TNI Law, KPK Law, and Criminal Procedure Code. The researcher's suggestion is that to minimize the differences of opinion that continue to emerge, an extensive regulation on connexity should be made so that it can serve as a guideline in handling corruption cases involving military personnel and civil society.