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Tinjauan Viktimologis Tentang Peranan Korban dan Perlindungan Hukum bagi Korban dalam Terjadinya Kekerasan pada Masa Pacaran di Kota Kupang Andreas F. Ratoe Oedjoe; Aksi Sinurat; Deddy R. CH. Manafe
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2914

Abstract

Dating violence is an act of violence against a partner who is not yet married, including physical, psychological and sexual violence. The facts behind the occurrence of cases of violence during the dating period occur due to various causal factors, one of the factors that can cause these acts of violence can be caused by the victims themselves. The impact of violence in courtship is of course that there are parties who suffer both physically and psychologically and are entitled to their rights in the fulfillment and protection of their lives, as well as from psychosocial aspects that greatly affect the psychology and life of individuals and are very influential and reciprocal in the lives of victims, with the fulfillment of victims' rights such as medical treatment, counseling, therapy and rehabilitation, victims can be restored to normal. This study aims to determine the role of victim factors in the occurrence of violence in the dating period, as well as the form of legal protection for victims of dating violence. This research uses empirical legal research methods sourced from data obtained directly in the form of statements and opinions from respondents, namely the perpetrator, the victim, the Office of Women's Empowerment and Child Protection, and the PPA Polresta Kupang Kota. The results showed that the occurrence of violence during the dating period was also caused by the role of the victim, namely the provocation of the victim and the dependence of the victim on the perpetrator, then the results also showed that there was a form of legal protection for victims in the form of providing legal assistance, providing health assistance, spiritual assistance and rehabilitation.
Tinjauan Yuridis Perlindungan Hukum terhadap Korban dan Pelaku Kejahatan Berdasarkan Asas Equality Before the Law Maria Odilia Kolo; Aksi Sinurat; Karolus Kopong Medan
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i2.1086

Abstract

The purpose of this research is a juridical review of legal protection of victims and perpetrators of crime based on the principle of equality before the law. This research method is normative law to answer these two main problems. This normative type of research uses qualitative analysis by explaining existing data with words or statements not with numbers. The result of this research is that the legal protection of crime victims based on the principle of equality before the law in its implementation is considered still not good or not optimal, because the protection efforts given to victims are very minimal and the guarantee of legal protection for victims or witnesses is not strictly regulated in the Criminal Procedure Code. The results showed that the legal protection given to the perpetrators of crime when compared to victims of crime has been given optimally but juridically it is still not optimal, because the legal process for the perpetrators of crime has not been applied in its entirety according to the principle of equality before the law and in law enforcement is still based on evidence not on the criminal offense that has been committed by the perpetrator.
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.
Peran Badan Narkotika Nasional Provinsi Nusa Tenggara Timur dalam Penegakan Hukum terhadap Tindak Pidana Nartkotika Susana Amos Pah; Aksi Sinurat; Daud Dima Tallo
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.v2i2.1224

Abstract

The circulation of narcotics in Indonesia shows a trend that continues to increase and is very worrying. Currently, narcotics are not only distributed in big cities but have also reached East Nusa Tenggara. This is a dangerous threat to the lives of the community, nation and state, specifically to the survival and future of the perpetrators. The East Nusa Tenggara government has shown its seriousness in eradicating and preventing narcotics abuse by establishing the East Nusa Tenggara Provincial National Narcotics Agency (BNNP). The research method used is qualitative descriptive research, namely to provide a complete picture of the role of the NTT BNNP in carrying out its duties and functions in law enforcement against narcotics crimes and then describe the obstacles faced in eradicating narcotics crimes, both juridically and empirically. This research was carried out at the East Nusa Tenggara Province Narcotics Agency Office. The results of the research conducted show: (1) The role that must be carried out by the NTT Province BNN is a hard power approach through eradication, a soft power approach through prevention, community empowerment and rehabilitation, then a smart power approach using sophisticated information technology as ordered by the president for digitalization. (2) Obstacles encountered by the NTT Province BNN in preventing narcotics abuse include: Human resources are one of the obstacles for the NTT Province BNN in carrying out its role in eradicating narcotics cases in society. Budget is the thing that is most needed in executing an activity and other things. Budget limitations are one of the obstacles for the NTT Province BNN in carrying out its role in eradicating narcotics cases in society. The existing facilities and infrastructure apparently have an impact in hampering the role of the NTT BNNP. Based on this, it can be concluded that in eradicating and preventing narcotics abuse, the NTT BNNP has a role and faces obstacles in doing so.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.