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Sinurat, Aksi
Faculty Of Law, Nusa Cendana University
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Analisis Pergeseran Budaya Kawin Tangkap Terhadap Perempuan Dalam Pemikiran Legal Feminist Di Kabupaten Sumba Tengah Fortuna Umbu Laiya, Andraviani; Kopong Medan, Karolus; Sinurat, Aksi
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1661

Abstract

The culture of capture marriage in Central Sumba Regency has experienced a shift in cultural values that has resulted in violence against women, triggering debates between customary law and Indonesian positive law. This study aims to describe the essence of the culture of catch marriage for women in Central Sumba Regency and its compatibility with Positive Law and to elaborate on the shift in the culture of catch marriage for women in Central Sumba Regency in Legal Feminist thinking. The research method used is empirical legal research which obtains data from primary data or data obtained directly from the community and library legal sources. The results of the study show that the practice of catch marriage is no longer in line with the principles of the Indonesian State which ratified the Human Rights Law, because this practice indicates various oppression against women specifically in the process of arrest and detention. Using feminist legal theory, from the legal text analysis approach, it is found that the weaknesses of customary law in Central Sumba are patriarchal and communal, while the legal text of the Sexual Violence Crime Law has weaknesses in the unavailability of implementing regulations and there is a legal vacuum in the local government of Central Sumba Regency regarding arrest marriages. In the approach to legal application, cases of capture marriage are dominantly resolved by custom, due to family relations and the attachment of capture marriage to the culture of the indigenous people of Central Sumba. The novelty in this research is to describe the essence of culture and the reality of a shift in the culture of capture marriage in Central Sumba Regency, which is analyzed through a legal feminist theory approach to its handling. This research is only limited to the culture of capture marriage that occurs in Central Sumba Regency in a feminist legal approach.
Model Penegakan Hukum Terhadap Kasus Korupsi Dana Pembangunan Puskesmas Waigete di Kecamatan Waigete Kabupaten Sikka Agustina Putri Patricia; Aksi Sinurat; Darius Antonius Kian
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.535

Abstract

This study uses empirical juridical research, which is research with field data as the main source of data, such as the results of interviews and observations, with the aim of analyzing and describing the law enforcement model for cases of corruption in the development funds of the Waigete Health Center. as well as identifying and analyzing factors that hinder law enforcement in the case of corruption of the Waigete Health Center development funds. The results of the discussion in this study show that, (1). The Waigete Health Center uses the Due Process Model which emphasizes the need to ensure that every individual has the right to be treated fairly and has access to an independent court including investigation, prosecution, and fair justice. and the right to appeal, but with strict legal procedures, this model slows down the process of resolving cases. The crime eradication process focuses more on the interests of the rights of suspects than on the public interest, so according to researchers in the process of resolving corruption cases, this model is not appropriate to use because it emphasizes justice and human rights but also has the potential to slow down the legal process. (2). The factors that hinder law enforcement in handling corruption cases of the Waigete Health Center development fund consist of two factors, namely internal factors, namely the lack of prosecutors who slow down the law enforcement process and reduce the effectiveness of case handling, and external factors, namely the slow examination process and the loss calculation process so as to hinder law enforcement.
Analisis Peran Dan Kendala Yang Diihadapi Kepolisian Dalam Penanggulangan Perjudian Di Satuan Reskrim Unit Pidana Umum Polres Rote Petrus, Marfilson; Sinurat, Aksi; Petrus Leo, Rudepel
BULLET : Jurnal Multidisiplin Ilmu Vol. 3 No. 3 (2024): BULLET : Jurnal Multidisiplin Ilmu
Publisher : CV. Multi Kreasi Media

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Abstract

The Criminal Investigation Unit of the Pidum Unit of the Rote Ndao Police faces various challenges in an effort to deal with gambling crimes in the Rote area. Although the level of gambling that occurs is quite rampant, only a few have managed to bring it to the police level. This is due to the lack of community cooperation in uncovering the gambling case. There are 12 cases that have been handled over the last 3 years while the fact is that there are many gambling cases that have occurred, The author wrote this thesis proposal using a type of empirical legal research, namely by digging up information about legal phenomena in society, including the role of the police in overcoming gambling crimes at the Criminal Investigation Unit of the Pidum Unit of the Rote Ndao Police. The results of the study show that the role of the Police in the Criminal Investigation Unit of the Pidum Unit in tackling gambling crimes in Rote Ndao has been implemented quite well. There has been a decrease in gambling cases over the past 3 years. However, the role of the police in tackling gambling also still needs to be optimized. The efforts made by the police have shown positive results, but there are still some challenges that need to be addressed. The obstacles faced by the police in dealing with gambling crimes handled by the Criminal Investigation Unit of the General Crime Unit of the Rote Ndao Police are the limitations of police members in handling gambling cases, the involvement of many people in cockfighting gambling, difficulties in obtaining evidence and a lack of public awareness of the dangers of gambling. 
Legalitas Tindakan Aborsi (Abortus) Akibat Perkosaan Incest Ditinjau dari Hukum Pidana Adat di Wilayah Masyarakat Adat Kabupaten Timor Tengah Selatan Khusnul Khusy Pit’ay; Aksi Sinurat; Debi F. Ng. Fallo
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.v1i4.597

Abstract

The Timorese tribe has a pamali or prohibition not to be related or marry the same clan in one tribe or blood relations for people who are related by blood will be subject to customary sanctions by the traditional chief. The case of incest rape occurred in Nuapin Village, Fatumnasi District, South Central Timor Regency, this rape resulted in the victim experiencing an unwanted pregnancy by the victim and her family because the victim was pregnant with a child from her blood family which is prohibited in Timorese customary law, so she chose to have an abortion. Law No. 36 of 2009 concerning health and its Implementing Regulations excludes the act of abortion due to rape even though it is prohibited in the Criminal Code. In this case, the act of abortion is carried out as a result of incest rape and will be reviewed based on customary criminal law. The type of research used in this study is empirical research with a sociological juridical approach, namely field research whose object is about events and phenomena that occur in society. Data collection was carried out with two events, namely interviews with 4 people and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) The existence of criminal law prohibits the legalization of abortion due to incest rape, abortion is only allowed in emergency medical conditions in accordance with Law Number 36 of 2009 and Government Regulation Number 61 of 2014. (2). The legality of customary criminal law for abortion due to incest is carried out in Nuapin Village because it is considered to violate customary and pamali law.
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.
Tinjauan Victimologis Tentang Peranan Korban Terkait Terjadinya Pengancaman dan Penyebaran Video Call Sex Dalam Hubungan Berpacaran Yayu Mederlin Nenotek; Aksi Sinurat; Heryanto Amalo
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.v1i4.267

Abstract

This study aims to find out and analyze a victimological review of the victim's role related to the threat and spread of video call sex in dating relationships. This research is a research supported by an approach using primary data in the form of interviews and secondary data in the form of books, legislation, the internet, dictionaries, articles or newspapers obtained using the interview method and document studies, the data that has been collected is processed and analyzed using coding, processing and cleaning techniques and analyzed in a qualitative descriptive manner in describing the results of the research. The results of the study show that (1) The occurrence of VCS in dating relationships does not only occur due to the will of the perpetrator, but there is also a role of the victim in it (2) Legal protection efforts are given to VCS victims, namely legal aid, health assistance and the provision of rehabilitation.
Upaya Penanggulangan Tindak Pidana Pemalsuan dan Pengedaran Uang Palsu di Kota Kupang : Studi Kasus di Polsek Kelapa Lima Gideon Tasi; Aksi Sinurat; Karolus Kopong Medan
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v1i4.239

Abstract

The need for such a large amount of money causes some people to try to get as much money as possible even using illegal means. Such illegal acts can be crimes against the currency itself, such as counterfeiting money which is included in illegal practices that violate the law. One of the modes used is by buying and selling using counterfeit money. This study is an empirical legal research with primary legal data sources collected through interviews with respondents at the Kelapa Lima Police Station as well as secondary legal data sources collected through literature studies or document studies. The results of the study found that: (1) efforts to overcome the crime of counterfeiting and circulation of counterfeit money in Kupang City, namely penal efforts and non-penal efforts carried out by the Kelapa Lima Police. (2) There are several obstacles faced in efforts to deal with the crime of counterfeiting and circulation of counterfeit money in Kupang City, including: the reluctance of the community to report the discovery of counterfeit money, the difficulty of collecting counterfeit money, the difficulty of arresting the perpetrators.
Kajian Yuridis Terhadap Cryptocurrency Ilegal Dalam Prespektif Tindak Pidana Pencucian Uang Getri Kefi; Aksi Sinurat; Orpa G.Manuain
Pemuliaan Keadilan Vol. 1 No. 4 (2024): October : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v1i4.128

Abstract

This study aims to find out what are the forms of modes in the crime of Money Laundering Using Illegal Cryptocurrency Media as well as Criminal Law policies in an effort to overcome the occurrence of Money Laundering Crimes through illegal Cryptocurrency Media. To answer the above problems, this Research Method uses the Normative Law research method which focuses on research on written regulations or legislation or research based on rules or norms that apply in society. The results of the discussion in this study show that, (1) The mode of operation used by the perpetrators in the crime of money laundering through Cryptocurrency media is by trading and investment methods along with several other methods. The perpetrators take advantage of the transaction system on cryptocurrencies that are closed or anonymous so that the perpetrators get an opening to launch criminal acts. 2) Even with existing legal regulations, there are still criminal acts, especially TPPU which are carried out through illegal cryptocurrencies, so it is better for the government to make rules or make legal updates on how to process related to Money Laundering Crimes using cryptocurrencies which include crypto platforms, both legal and illegal.
Analisis Yuridis Penerapan Perlindungan Hukum dalam Melindungi Pengguna Layanan Internet Banking dari Cyber Crime Tri Nugraheni; Aksi Sinurat; Darius Antonius Kian
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.v3i2.3715

Abstract

The purpose of this research is to analyze the juridical application of legal protection in protecting internet banking service users from cyber crime. This research is a type of empirical juridical research, or called field research, which examines the applicable legal provisions and what happens in the reality of society. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions in action on every legal event that occurs in society. The results of this study show: (1) The implementation of legal protection provided by the East Nusa Tenggara Regional Development Bank has not been fully implemented properly because victims have not felt protected by the regulations implemented by the East Nusa Tenggara Regional Development Bank. (2) The responsibility of legal protection provided by the Regional Development Bank of East Nusa Tenggara is to follow up and examine complaints of problems of victims of cyber crime and will examine all transactions that occur and carry out legal protection responsibilities by providing assistance and reporting problems that occur to be followed up according to applicable laws and regulations. In accordance with the results of this study, it is hoped that there will be an increase in legal protection and a quick response to users of internet banking services and a form of legal protection that is specifically regulated to protect customers from increasingly widespread cyber crime.
Analisis Yuridis Perlindungan Hukum terhadap Korban Kejahatan Berbasis Teknologi Kecerdasan Buatan/Artificial Intelligence (AI) Obe, Elfrida Tipe; Sinurat, Aksi; Fanggi, Rosalind Angel
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 5 No. 2 (2025): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v5i2.1454

Abstract

Artificial Intelligence (AI) based crimes are a modern form of criminal offense that exploits AI technology to harm individuals or groups. This study aims to analyze existing legal frameworks and the challenges in implementing legal protection for victims of AIbased crimes. The research focuses on two main questions: (1) How is the legal framework structured for victims of AI related crimes? and (2) What are the implementation challenges and possible solutions for ensuring legal protection? The research uses a normative legal method through literature review and secondary data analysis. The findings reveal that while several laws can be applied to prosecute offenders, the protection of victims remains insufficient and lacks explicit regulation. Key challenges include regulatory gaps, difficulties in tracing and proving AI-related offenses, limited human and technological resources in law enforcement, and issues of privacy and data security. To address these challenges, it is necessary to formulate AI-specific regulations, establish accessible and responsive reporting mechanisms, raise public awareness, and create specialized law enforcement bodies. The study recommends legal reform that prioritizes the protection of victims’ rights in the face of emerging digital threats.
Co-Authors A.C. Tabun Adrianus Djara Dima Adrya Gusmar Kapitan Agustina Putri Patricia Andreas F. Ratoe Oedjoe Ariance Boboy Banik, Agusthinus Bida, Deni Novein Saputra Cardial L.O. Leo-Penu, Cardial L.O. Dance Mauboy, Yandrif Darius Antonius Kian Daud Dima Tallo Debi F. Ng. Fallo Deddy R. Ch. Manafe Detji K. E. R. Nuban Dhesy Arisandielis Kase Djaclyn Herlince Kitu Rihi Fatma Ayu Jati Putri Ferdinan L. Bagaihing Fortuna Umbu Laiya, Andraviani Franky Simamora Geraldus Damansus Boro Sale Getri Kefi Gideon Tasi Heryanto Amalo Hironimus Buyanaya Jauhari Effendi Jauhari Effendi Karolus K. Medan Karolus Kopong Medan Khusnul Khusy Pit’ay Kopong Medan, Karolus Krisna Boboy, Rini L. Pekuwali, Umbu Leo, Rudepel Petrus Mandala, Mersy Junedy Manuain, Orpa Ganefo Manubulu, Cristin Octavia Maria Elviana Lelangwayan Maria Fatima More Maria Odilia Kolo Maria Oktaviani Kartika Tua Markus Yohanis Hage Marselinus Mardi Anto Masu, Reny Rebeka Ndaumanu, Novaldy I Obe, Elfrida Tipe Orpa G. Manuain Orpa G. Manuain Orpa G.Manuain Orpa Ganefo Manuain Padur, Maria Oktaviani Paulus, Gery Mario Paulus, Gery Mario Pello, Jimmy Petrus Leo, Rudepel Petrus, Marfilson Putri, Fatma Ayu Jati Rosalind Angel Fanggi Rudepel Petrus Leo Rudepel Petrus Leo Saryono Yohanes Sulistyanta Sulistyanta Sulistyanta Sulistyanta Susana Amos Pah Theresia Edelweis Putri Nurak Thomas Lapenangga Tri Nugraheni Uran, Maria Novita Nigun Vinni Denivita Tome Vinsensius Rau Wilhelmus, Bhisa Vitus Yayu Mederlin Nenotek Yohana Yosiana Djara Dima