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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.
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.