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Pelaksanaan dan Hambatan dalam Pemberian Remisi terhadap Warga Binaan di Lembaga Pemasyarakatan Kelas II A Kupang Aditya Joshua Panggalaha; Rudepel Petrus Leo; Darius A Kian
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Oktober : Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v1i4.194

Abstract

The purpose of this study is to analyze the implementation and obstacles in granting remission to prisoners in Class II A Kupang Correctional Institution. This research is empirical juridical research, which is a type of sociological legal research that examines the applicable legal provisions and has occurred in community life with the type of data used is primary data obtained through interviews and documentation, and secondary data that provides information and is complementary to the primary. The data is analyzed descriptively-qualitatively. The research was conducted at Class II A Kupang Correctional Institution. Based on the results of the study, it can be concluded that the implementation of the granting of remission at the Class II A Kupang Correctional Institution is that Remission is a reduction in the period of serving a sentence given to prisoners and children in conflict with the law (children) who meet the requirements in the legislation. The obstacles faced by Kupang Class II A Correctional Institution in the implementation of remission are administrative factors, institutional factors, facilities and infrastructure factors.
Perlindungan Hukum Dan Pemenuhan Hak Korban Dalam Kasus Kecelakaan Lalu Lintas Yang Menyebabkan Korban Meninggal Dunia: Studi Kasus Di Pengadilan Negeri Kupang Kelas 1 Rinaldy Herchion Asanab; Rudepel Petrus Leo; Heryanto Amalo
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 1 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v2i1.397

Abstract

Traffic accidents resulting in fatalities in Kupang City based on BPS Kupang City data series have increased in the period 2020-2022. In general, traffic regulations are regulated by Law No. 22 of 2009 on Road Traffic and Transportation. Victims who die due to road accidents have rights that must be fulfilled and passed on to their heirs. For this reason, legal protection of the rights of victims who die as a result of traffic accidents is necessary. This research uses empirical legal research, namely legal research that functions to examine how the law works in a community environment, in this case conducted at the Kupang District Court Class 1. Data collection techniques are carried out through interviews, observation and documentation and then analyzed descriptively and qualitatively. The results showed that: (1) The fulfillment of the rights of victims of death in cases of traffic accidents in Kupang City, is in accordance with applicable laws and regulations if through legal channels, while in practice are used more family channels, so that the rights of victims are neglected. (2) The ideal form of legal protection for victims of death in cases of traffic accidents in Kupang City is repressive, namely: a) criminal sanctions, b) compensation, and c) government compensation.
Faktor Penyebab dan Upaya Perlindungan Hukum Terhadap Guru Yang Dianiaya Oleh Oknum Orang Tua Siswa di SD Negeri Naikoten II Andi Williams Abraham; Rudepel Petrus Leo; Heryanto Amalo
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 1 (2025): Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i1.704

Abstract

Currently, the world of education can be said to be facing a crisis of value as the development of the dynamics of community life. The world of education in this era faces complex problems that can hinder the achievement of educational goals. These problems arise either because of internal factors or external factors. This study uses empirical legal research methods that examine how the law works in society. Aspects of the study examined the causes of violence committed by parents to teachers and forms of legal protection for teachers who experience violence. The results found that: (1) the factors that make the perpetrators (parents) abuse the teacher caused by lack of socialization and coordination between the school and the parents. The lack of socialization and coordination makes the perpetrators (parents) angry and emotional so they think of mistreating the teacher. Lack of accurate information that makes parents misunderstand the treatment of teachers to their children while at school that causes parents to start emotions and abuse such as beatings. (2) efforts made as a form of protection against cases of abuse against teachers by parents of students are realized through preventive actions by appealing to the public to immediately report to the authorities in the event of a crime including the crime of abuse by unscrupulous parents of students against teachers in the school environment.Suggestions from this study: (1) it is expected that the government and all related agencies in terms of improving education through schools, it is good to teach teachers with methods adapted to the current global conditions, so that teachers can better answer the challenges of the times in terms of education and the condition of students then and now is very much different. (2) expected for all parties concerned, both the police, legal aid agencies, witness and victim protection institutions of the government and the community to continue to improve cooperation in an integrated manner in tackling the occurrence of crime, especially crime cases of abuse by unscrupulous parents of students against teachers.
Tinjauan Kriminologi Terhadap Residivis Kasus Pencurian di Kota Kupang Salhenover Laibahas; Rudepel Petrus Leo; 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.v3i2.3798

Abstract

The purpose of this research is to analyze the criminological review of recidivist theft cases in Kupang City. This research is a type of empirical juridical research and the data collection uses interview techniques with respondents and literature studies. The data was analyzed descriptively qualitatively. The results of this study indicate that the factors causing theft crimes by recidivists are economic factors, environmental factors, family factors, opportunity factors, psychological factors. The modus operandi carried out by recidivists is to survey or monitor the location of the theft randomly and then lurk, follow, and some even block the targets in place to carry out the theft. Countermeasures against recidivists, namely preemptive efforts are prevention efforts carried out early on, and preventive efforts emphasize prevention efforts to eliminate opportunities to commit crimes that must be carried out individually, society, government and police officials. As well as countermeasures by means of coaching carried out by prisons and detention centers against recidivists are personality coaching and independence coaching. The author's suggestion is the need for support and active role from all levels of society to fully support the implementation of countermeasures carried out by the police and correctional institutions. The importance of legal awareness in oneself of the legal values that apply in a community group. Especially for correctional institutions, changes are needed in the coaching system where coaching for recidivist prisoners needs to be stricter and psychologist assistance is needed so that the mental health conditions of prisoners are checked and it is also necessary to eliminate some of the rights of prisoners such as leave before release and conditional release.
Faktor Penyebab dan Upaya Penanggulangan Penggunaan Bahan Peledak dalam Pencurian Ikan di Perairan Laut Sawu, Kabupaten Kupang Alfin Kadja; Rudepel Petrus Leo; Deby F. Ng. Fallo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: 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.v3i3.3905

Abstract

This study aims to determine and explain the factors causing the use of explosives in fish theft in the waters of the Sawu Sea, Kupang Regency and also to determine and explain the countermeasures against the use of explosives in fish theft in the waters of the Sawu Sea, Kupang Regency. This research is a qualitative study with empirical or sociological legal research methods and the object of research is causal factors and countermeasures. Data collection using interview techniques and literature study. The data analysis technique used is qualitative descriptive technique. The results of this study show that there are six factors causing the use of explosives in fish theft in the waters of the Sawu Sea, Kupang Regency, namely: (1) weak legal awareness factor, (2) motive factor, (3) weak economic factor, (4) weak law enforcement factor, (5) weak supervision factor, and (6) difficult to detect crime scene factor. Countermeasures carried out by the police and government agencies are premitive efforts, namely initial efforts made by competent government parties to provide appeals to avoid criminal acts. Preventive efforts are efforts made to provide prevention of community action both social problems and crime so as not to reach the threshold of disturbance and become a real disturbance. Repressive efforts are efforts made by competent parties when there has been a criminal offense or crime whose actions are in the form of law enforcement by imposing penalties.
Perlindungan Hukum terhadap Driver Maxim Akibat Pemesanan Orderan Fiktif/Penipuan Food and Goods and Delivery dengan Pembayaran COD pada Minimarket Kepada Costumer di Wilayah Kota Kupang Beda Soedrio; Rudepel Petrus Leo; Deddy R. Ch. Manafe
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: 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.v3i3.3910

Abstract

This research discusses the legal protection of maxim drivers due to fictitious order booking/fraud food and goods and delivery with cod payment at minimarkets to customers in the Kupang City Area. Through an empirical juristic approach, primary data is obtained through interviews, observations, and documentation studies. The results showed that the form of company action to help Driver partners affected by Fictitious orders after account blocking carried out by the Company by restoring the Driver's account The Maxim online motorcycle taxi recovered the Driver's account who reported the fictitious order to the Operations Office no later than 1 month after the auto suspension was obtained and it was proven that the Driver did not make the mistake. Maxim online ojek drivers who have reported themselves and fulfilled the submission requirements in the form of returning the reting scor on Maxim driver accounts that get a decrease in reting. Legal efforts made in tackling cases of fraud or fictitious orders by providing pre-emtif and preventive actions.
Upaya Penyelesaian Non Litigasi Terhadap Kumpul Kebo Di Desa Naiola Kecamatan Bikomi Selatan Kabupaten Timor Tengah Utara Antonius Padua Naicea; Rudepel Petrus Leo; Deddy R. Ch. Manafe
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.3962

Abstract

The widespread social phenomenon of "cohabitation" often occurs because there is a legal space that allows this practice to develop. The local government has made various efforts to minimize this phenomenon, but without adequate legal force, these efforts often do not have the desired deterrent effect. However, the local customary law approach can provide a legal basis that is stronger and relevant to local values, so that the community can be more responsive to the regulations implemented. Thus, it is hoped that through this approach, the phenomenon of "cohabitation" can be minimized and overcome more effectively. This research aims to complete a non-litigation resolution of cohabitation in Naiola Village before Law Number 1 of 2023. The research method used in this research is empirical legal research, namely legal research that obtains data from primary data or data obtained directly from the community. Non-litigation resolution of cohabitation often relies on customary law-based approaches and customary deliberation that utilize local values and traditional mechanisms to achieve a harmonious resolution that is accepted by the local community. Thus, this research provides a clear picture of the importance of non-litigation resolution of cohabitation by utilizing customary law and traditional deliberation approaches to achieve a harmonious solution that is accepted by the local community.
Dampak Hukum Serta Alasan Masyarakat Mempertahankan Tradisi Molas Kole terhadap Perempuan Pelaku Persinahan di Kabupaten Manggarai Barat Kristoforus Adan Daman; Rudepel Petrus Leo; Orpa G. Manuain
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : 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.v1i3.444

Abstract

The purpose of this research is to analyze the legal impact and reasons for the community to maintain the Molas Kole tradition against women who commit adultery in West Manggarai Regency. The type of research used by researchers in conducting this research is empirical research translated by legal research complemented by empirical data. The results show that the legal impact of the Molas Kole Teradition is also very large. In addition to the impact on women on children, and the impact of this one customary law also has an impact on the family. The reason for the community to maintain this tradition is also irrelevant because when maintaining a customary crime which in its resolution has many losers, this custom can no longer be used as a way out in solving problems in society. The holding of this Customary Law Tradition is also contrary to church law, because many perpetrators of the Molas Kole tradition separate themselves from their husbands or wives and remarry without being known by the church, so that it will cause new problems that can ensnare the two perpetrators and even the family will also be involved.
Pertimbangan Hakim dalam Penerapan Hukum Bagi Tindak Pidana Kekerasan yang Dilakukan Secara Bersama-Sama Terhadap Orang di Muka Umum Etriwan O.S.Lau; Rudepel Petrus Leo; Darius A.Kian
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 3 (2024): September : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i3.90

Abstract

Criminal acts are behaviors in which a person has violated the provisions of the law and legal norms that apply in the community. One of the most prominent criminal acts today is ganging up. Ganging up is a crime committed by more than one person with the aim of beating or even killing their target. One case of ganging up is a case of violence that occurred in the Kauboke area, Kolhua Village, Maulafa District, Kupang City on Friday, November 13, 2020 at around 19.30 WITA. This study aims to analyze how the law is applied to violent crimes in decision Number 214 / pid.B / 2021 / PN.Kpg and the judge's considerations in imposing sanctions on the perpetrators in the decision of case Number 214 / Pid.B / 2021 / PN.Kpg. This research is an empirical legal research where the data used is obtained directly from the research location. This study uses interview guidelines with one informant, the data in this study is analyzed descriptively-qualitatively. The results of the study show: (1) The application of law and criminalization to the case with decision Number 214/Pid.B/2021/PN.Kpg has been carried out correctly. (2) The judge's considerations in imposing a sentence have been carried out correctly. The judge makes a decision by carefully considering various factors by looking at the various impacts on the victim and the defendant.
Faktor Penyebab Terjadinya Pembunuhan di Desa Upfaon Kabupaten Timor Tengah Utara Petrus Giano Nepa; Rudepel Petrus Leo; Heryanto Amalo
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 2 No. 2 (2025): April : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v2i2.691

Abstract

This study is entitled Factors Causing Murder in Upfaon Village, North Central Timor Regency. This study aims to reveal the factors behind the occurrence of the crime of murder committed by a father against his son-in-law in Upfaon Village, South Biboki District, North Central Timor Regency. The method used is empirical juridical with a qualitative approach. The data used consists of primary, secondary, and tertiary data, which are obtained through literature studies and interviews with four respondents who have a direct connection to the case. Data analysis techniques are carried out through the stages of editing, coding, and tabulation, then analyzed descriptively qualitatively. The results of the study indicate that there are two main factors that cause the crime, namely internal and external factors. Internal factors include the emotional condition of the perpetrator such as heartache, anger, and revenge. While external factors are influenced by the consumption of alcohol and local culture that still maintains the values ​​of violence as a form of conflict resolution.