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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.