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Penegakan Hukum terhadap Tindak Pidana Penadahan Kendaraan Bermotor di Kota Kupang Imenuel Lakat; Deddy R. Ch Manafe; Adrianus Djara Dima
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 1 No. 4 (2024): Jurnal Hukum, Kebijakan Publik, dan Pemerintahan
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/desentralisasi.v1i4.233

Abstract

The crime of stealing a two-wheeled motor vehicle is one of the criminal offenses that is quite troubling in society in various regions of Indonesia and is ranked high compared to other cases. Motor vehicle theft is a simple crime that is very wrong when faced with the fact that today's perpetrators are professional and organized, the perpetrators of these crimes make motor vehicle theft a livelihood that generates a very large income. At this time, cases of motor vehicle seizures are rampant and even the impact is very detrimental to the community both in terms of economy and spirituality. This research is an empirical juridical research using interview guidelines for the Police, motor vehicle procurement perpetrators and the local community. The data collection technique uses interview guidelines and literature studies. The data used are primary data and secondary data. This research was conducted in Kupang City. Data processing and analysis techniques are carried out by editing, coding, classifying and tabulation data. The results of this study show that: (1) Law enforcement efforts carried out by the Police must be tightened using two ways of crime prevention, namely: Preventive Actions and Repressive Actions. (investigation and arrest of the perpetrator). (2) Factors that hinder the police in eradicating the crime of motor vehicle seizure are internal factors and external factors
Analisis Adat Hole di Kabupaten Sabu-Raijua Menurut Hukum Pidana Aplonia Duru Kana; Adrianus Djara Dima; Rosalind Angel Fanggi
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i2.3836

Abstract

Customs are eternal codes of conduct that are passed down from one generation to another as a legacy, so that they are strongly integrated with community behavior patterns. Hole is a traditional ceremony that is very popular among the people of Sabu-Raijua which is carried out en masse. But there are still many outsiders and also the people of Sabu Raijua who consider chicken spurs to be gambling. Indonesia is a country based on law, so that every human or community activity which is a life activity must be based on existing regulations and norms that apply in society. The formulation of the problem in this research is, based on the background description above, the main problem studied by the author is formulated as follows: Does the Hole custom conflict with the rules of Criminal Law? This research uses empirical legal research methods sourced from data obtained directly in the form of information and opinions from respondents, namely traditional elders and the community in Sabu-Raijua Regency. The results of the research show that the cockfighting ritual in the hole tradition is a tradition that has been passed down from generation to generation, which is a sacred ritual that conveys a message of peace to the next generation. They believe that if this ritual is not carried out then human life will be far from disputes and quarrels, humans will live in prosperity both with each other and with their ancestors as well as the land, the livestock they cultivate will give good results. However, in the last 2 years the cockfighting ritual is no longer just a tradition, because now people are using the Pei'uManu (Cockfighting) tradition as a means of gambling.
Upaya Penegakan Hukum oleh Kepolisian terhadap Pelanggaran Privasi di Media Sosial Facebook di Kota Kupang Deksin Radja Wila; Debby F.Ng. Fallo; Adrianus Djara Dima
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS)
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i2.1972

Abstract

Facebook is a social activity platform that can be done in cyberspace (unreal), allowing for reciprocal interaction between users, one of which is conducting online buying and selling transactions. Privacy violations on social media can occur in various forms such as the spread of personal information without permission, identity theft, online fraud and many more. These cases not only harm individuals but can also have an impact on the reputation and public trust in social media platforms. This study is an empirical legal research study with a qualitative approach. Data collection techniques were obtained from interviews and documentary studies. The research analysis used descriptive qualitative analysis. The results of the study showed that repressive efforts are law enforcement efforts carried out by the NTT Regional Police in dealing with cases of consumer privacy violations carried out by fake accounts on Facebook social media. The obstacles experienced by the NTT Regional Police in dealing with cases of consumer privacy violations carried out by fake accounts on Facebook social media include: Legal aspects, Law enforcement aspects, Facilities and Facilities aspects, Community aspects, and Cultural aspects.
Kajian Kriminologi terhadap Pencurian Uang di Anjungan Tunai Mandiri di Rumah Sakit Leona Kefamenanu Desanta Prasedis Tanu; Debi F.Ng.Fallo; Adrianus Djara Dima
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS)
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i2.1982

Abstract

This research is a study that aims to analyze the case of money theft at the automated teller machine of Leona Hospital, Kefamenanu Regency. This research is an empirical legal research supported by a qualitative descriptive approach using primary, secondary and tertiary data. The results of this study show that (1) The factors that cause the theft of money carried out by Security are internal factors and external factors. Internal factors are in the form of the intentions of the perpetrators, morals and education, while external factors are in the form of the living environment, economic conditions and global development. (2) In an effort to counteract restorative justice, restorative justice efforts are carried out so that the perpetrators who commit criminal acts do not undergo criminal proceedings, and thus, through joint deliberation, it is hoped that solutions and alternatives can be found to resolve criminal cases.
Analisis Peran Kepolisian dalam Menanggulangi Prostitusi Online di Kota Kupang Risna Astuti; Deddy R. Ch. Manafe; Adrianus Djara Dima
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS)
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i2.1985

Abstract

Purpose of this research aims to find out and explain the function and role of the police in tackling online prostitution in Kupang City, and find out what factors affect the success of the police in tackling online prostitution in Kupang City. This research is a type of empirical research. The source of material from this study is primary legal material obtained from the information or opinions of the respondents, then analyzed qualitatively. The results of this study show that the Role of the Police in Overcoming Online Prostitution in Kupang City. The police's efforts to tackle online prostitution in Kupang City involve prevention, control, and enforcement measures. Prevention is carried out through community disease operations, education, and cyber patrols. Factors Affecting the Success of the Police in Overcoming Online Prostitution in Kupang City. The factors that affect the success of the police in tackling online protests are Internal Factors and External Factors. Suggestion from the author It is hoped that the East Nusa Tenggara police will strengthen and debriefing the police so that legal action against online prostitution is more effective and fair.
Analisis Putusan Hakim terhadap Pelaku Tindak Pidana yang Mengendarai Kendaraan Bermotor karena Kelalaiannya Mengakibatkan Orang Lain Meninggal Dunia di Wilayah Hukum Pengadilan Negeri Bajawa: Putusan Nomor 52/Pid.Sus/2020/PN.Bjw Dania Anjali Khana Kale; 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.v6i1.2137

Abstract

This research aims to analyze the considerations of the Judge inimposing a prison sentence of 9 (nine) months on the Defendant who, due to their negligence in driving a motor vehicle, caused the death of another person, which has corresponded with the actions of the defendant and the facts presented in the trial. The type of research that the author uses is Normative Juridical research (library research), which is research that studies document analysis using various secondary data such as legislation, court decisions, legal theories, and can include the opinions of scholars. This research shows that (1) The judge in imposing a prison sentence of 9 (nine) months on the defendant did not consider the actions of the defendant sufficiently, so the application of the prison sentence of 9 (nine) months was not appropriate considering the actions of the defendant, which were that the defendant saw the victim from a distance of 50 (fifty) meters, but the defendant did not attempt to stop his vehicle, merely trying to change lanes, and the victim also moved to the same lane, making the accident unavoidable. (2) The judge's decision to impose a prison sentence of 9 (nine) months on the defendant was in accordance with the facts presented during the trial which included the Defendant's Testimony, the Indictment by the Public Prosecutor, and the Demands of the Public Prosecutor.
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
Penegakan Hukum terhadap Tindak Pidana Korupsi dalam Kasus Perdata di Wilayah Kota Kupang Herlyn Anastacia; Deddy R Ch Manafe; Adrianus Djara Dima
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i2.5018

Abstract

Law enforcement in civil cases that have obtained permanent legal force (inkracht van gewijsde) often faces various complex challenges. For example, in land ownership cases that may be suspected of being linked to corruption crimes. Therefore, law enforcement officials must ensure that there is strong and sufficient evidence to process criminal elements without undermining the legal certainty of civil cases that have been decided. Good coordination between civil and criminal judicial institutions is also essential to ensure that justice can be comprehensively upheld. This research is qualitative in nature regarding concepts, relevant laws, and legal facts related to the issues being studied. The data obtained is subsequently analyzed using descriptive analysis, which is an analysis conducted by elaborating the obtained data. The research results show that: (1) The procedure executed by law enforcement officials aligns with the legal authority granted to them. However, the process may result in losses for parties legally proven not to have committed unlawful acts, as evidenced by the final and binding legal decision, with the case dependent on further evidentiary proceedings; (2) Obstacles in law enforcement processes stem from three primary factors: the law itself, law enforcement officials, and society, wherein socio-political interventions can provoke public opinion and conflicts between law enforcement and the community.
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.
MODEL MEDIASI ADAT HAMUTUK LIA DALAM PENYELESAIAN TINDAK PIDANA PENGEROYOKAN PADA MASYARAKAT ADAT WESEI WEHALI DI DESA FAFOE KABUPATEN MALAKA Frederikus Yoseph Seran; Karolus Kapong Medan; Bhisa Vitus Wihelminus; Adrianus Djara Dima
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 1 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (Januari 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i1.288

Abstract

The settlement of criminal acts through customary law mechanisms constitutes part of the living law within Indonesian society. One such practice is the Hamutuk Lia customary mediation model, implemented by the Wesei Wehali indigenous community in Fafoe Village, Malaka Regency, particularly in resolving criminal acts of assault. This study aims to analyze the reasons behind the community’s preference for customary mediation and to examine the mechanism of resolving assault cases through the Hamutuk Lia customary law. This research employs an empirical legal research method with a qualitative approach, conducted through in-depth interviews with customary leaders, offenders, victims, village officials, and local community members. The findings indicate that the Wesei Wehali indigenous community prefers customary mediation because it is considered more affordable, efficient, simple, peace-oriented, and consistent with local customary values. The Hamutuk Lia mediation process involves summoning customary leaders, conducting customary deliberations, determining customary sanctions through the fulfillment of customary obligations, and performing reconciliation rituals aimed at restoring social balance and kinship relations. This mediation model positions customary leaders as mediators and guardians of social harmony, emphasizing restoration and reconciliation rather than punishment. The study concludes that the Hamutuk Lia customary mediation model remains relevant and effective as an alternative mechanism for resolving minor criminal cases within indigenous communities, and it aligns with the state’s recognition of customary law as stipulated in the 1945 Constitution of the Republic of Indonesia and Law Number 6 of 2014 concerning Village.