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<![CDATA[Analisis Kriminologi Kejahatan Pencabulan Sesama Jenis (Homoseksual) yang Dilakukan Oknum Pendamping Paskibraka terhadap Anak: (Studi Kasus di Kepolisian Resor Sikka) ]]>
<![CDATA[Elisabeth Puji Sri Rejeki]]>;
<![CDATA[Rudepel Petrus Leo]]>;
<![CDATA[Rosalind Angel Fanggi]]>
<![CDATA[ JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS) ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar ]]>
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DOI: 10.55606/jass.v6i2.1979
<![CDATA[Obscenity is often defined in the Criminal Code, which is a criminal act that contradicts and violates a person's decency and moral norms, all of which are in the environment of sexual lust. This crime of obscenity can deviate further where this crime of obscenity is committed by the perpetrator and the victim is someone of the same sex in this case the perpetrator is a man and the victim is a man as well or can be called (homosexual). The research method used is empirical juridical research. The results of the study show that the occurrence of same-sex abuse crimes is influenced by several factors, namely sexual orientation factors, psychological factors and science and technology abuse factors and child abuse crimes carried out with law enforcement efforts for crimes in pre-emptive efforts, preventive efforts and repressive efforts. The suggestions submitted include: The role of the family, especially parents, should be further improved in shaping a person's personality must be done from the moment a person is in the process of forming a personality and In order to be able to suppress and break the chain of the crime of same-sex molestation (homosexual) against children, it is necessary to improve the provisions in the Criminal Code and Law No. 23 of 2002 in conjunction with Law No. 35 of 2014 concerning Child Protection, namely by amending criminal penalties For perpetrators of sexual violence against children, it becomes life or the death penalty.]]>
<![CDATA[Dasar Pertimbangan Hakim dalam Menjatuhkan Pidana terhadap Pelaku Tindak Pidana Persetubuhan Anak atas Kesepakatan Bersama dalam Perspektif Keadilan ]]>
<![CDATA[Frans A. Kabnani]]>;
<![CDATA[Karolus Kopong Medan]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar ]]>
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DOI: 10.55606/jass.v6i1.2098
<![CDATA[This study aims to examine the ethical and moral considerations of judges in imposing verdicts against perpetrators of the crime of child intercourse, as reflected in Decision Number 147/Pid.Sus/2023/PN Kpg. This case is complex because the perpetrator and the victim are both still classified as minors and sexual relations occurred on the basis of consensual, but are still qualified as criminal acts based on positive Indonesian law. The main focus of this study is how judges balance protection for victims with justice for perpetrators who are also still in their childhood, as well as the extent to which the principle of restorative justice is applied in the verdict. This study uses an empirical juridical method with a qualitative approach, which relies on document studies, interviews, and analysis of court decisions. The theories used in the analysis are the theories of restorative justice, substantive justice, and child protection in the criminal justice system. The results of the study showed that the judge imposed criminal punishment on the perpetrator even though there were elements of agreement and the status of the perpetrator who was still a child. The judge's main consideration is the legal protection of children as absolute victims. However, judges do not optimally consider the approach to coaching and restorative justice as regulated in the juvenile justice system. The victim's family's refusal to mediate was also a factor that strengthened the criminal verdict. On the other hand, there is an inequality in the application of the principle of fairness, because the perpetrator is not fully positioned as a child who also needs protection and coaching.]]>
<![CDATA[Upaya Penanggulangan dan Pertanggungjawaban terhadap Pelaku Tindak Pidana Pedofilia dalam Perspektif Keadilan di Desa Oesena, Kecamatan Amarasi, Kabupaten Kupang ]]>
<![CDATA[Eleonoris Agusto Parera]]>;
<![CDATA[Reny Rebeka Masu]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar ]]>
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DOI: 10.55606/jass.v6i1.2117
<![CDATA[Tackling pedophilia crimes often faces serious obstacles, especially when the perpetrator has a high social status or strong influence in society. This condition often hampers the law enforcement process, because it is difficult to hold the perpetrator criminally accountable fairly. This research is an empirical legal research by conducting interviews and observing examination files and related documents.The results of this study indicate that: (1) efforts to combat pedophilia crimes that occurred in Oesena Village have not been optimal due to weak coordination between parties. The police are overwhelmed in handling similar cases, while legal aid institutions can only provide assistance without full legal authority, even though they try through social media. As a result, the victims have not received legal justice. (2) the accountability of perpetrators of pedophilia crimes seen from the aspect of justice has not been fulfilled, both legally and socially. Legally, the perpetrators have not received appropriate punishment. This shows that the perpetrators have not been truly held accountable for their actions fairly.]]>
<![CDATA[Upaya Pencegahan dan Penanggulangan Kasus Perkosaan Secara Berkelompok (Gang Rape) Yang Dihentikan Penyidikannya Dengan Alasan Restorative Justice ]]>
<![CDATA[Reynaldy Vallentino Lily Lamma]]>;
<![CDATA[Reny Rebeka Masu]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Agustus : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi ]]>
Publisher : <![CDATA[Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia ]]>
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DOI: 10.62383/konsensus.v1i4.250
<![CDATA[The application of restorative justice in cases of sexual violence in Indonesia actually has the potential to cause major losses for victims, resulting in victims not getting the right to recovery for what they experienced and the perpetrators being free from responsibility for the criminal punishment they should receive. This research aims to find out and explain efforts that can be made to prevent and overcome the recurrence of gang rape cases whose investigations have been stopped for reasons of restorative justice. The research method used is Normative Law research which obtains data from secondary data consisting of primary legal material, secondary legal material and tertiary legal material, with systematic identification of Legal Norms. The research results show that the practice of marrying the perpetrator to the victim in rape cases is often considered a form of restorative justice. In fact, the application of restorative justice in cases of sexual violence in Indonesia actually has the potential to cause major losses for the victim. As a result, victims do not get the right to recovery for what they experienced and the perpetrators are free from responsibility for the criminal punishment they should receive. Using crime prevention theory, it was found that the criminal justice process is the key to providing a deterrent effect to criminals or to people who have the potential to commit the same crime, so this process must be carried out well so that the application of criminal law can have an impact on not repeating the same criminal act. by the perpetrator. Settlement of sexual violence cases using peace mechanisms or marrying the victim to the perpetrator is completely unjustified and will always be detrimental to the victim. If victims do not receive the justice they hope for, more victims of sexual violence will be reluctant to resolve their cases through law enforcement mechanisms. It is hoped that the government, especially law enforcement officials, will need to evaluate the provisions for implementing restorative justice in cases of sexual violence and revise technical regulations that strengthen protection and recovery for victims.]]>
<![CDATA[Proses Penyelesaian dan Hambatan-Hambatan yang Dihadapi dalam Pemberian Sanksi Adat terhadap Perbuatan La’a Sala (Incest) di Desa Ulu Belu, Kecamatan Golewa, Kabupaten Ngada ]]>
<![CDATA[Maximilianus Aldo Ame Ola]]>;
<![CDATA[Rudepel Petrus Leo]]>;
<![CDATA[Bhisa V. Wilhelmus]]>
<![CDATA[ Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 5 (2024): Oktober : KONSENSUS : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi ]]>
Publisher : <![CDATA[Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia ]]>
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DOI: 10.62383/konsensus.v1i5.365
<![CDATA[Incest is a sexual relationship carried out by two people who are still related by blood or marriage. Incest is described as an incident of sexual intercourse; between individuals who are related by blood, but the term was eventually used more broadly, namely to describe the sexual relationship between father and child, between siblings. Incest is a forbidden act in almost every cultural environment. The main problems in this thesis are: (1) What is the resolution process in providing customary sanctions for acts of la'a sala (incest) in Ulu Belu Village, Golewa District, Ngada Regency? (2) What are the obstacles faced in providing customary sanctions for acts of la'a sala (incest) in Ulu Belu Village, Golewa District, Ngada Regency? This research is empirical normative research, so the data sources used are primary data sources, secondary data and tertiary data. Primary data was obtained from interviews, secondary data was obtained from libraries, journals and the internet, and tertiary data was obtained from dictionaries, Wikipedia and encyclopedias. Data were analyzed descriptively-qualitatively. The results of this research show that (1) The process of resolving cases of granting customary sanctions for acts of la'a sala (incest) was carried out in a non-litigation manner which was accommodated and chaired directly by Mosa and the traditional leader in Ulu Belu village in accordance with the customary rules. applies. (2) the obstacles faced in providing customary sanctions for acts of la'a sala (incest) are external obstacles and internal obstacles.]]>
<![CDATA[Fungsi Lembaga Adat Du’a Mo’an Watu Pitu dalam Penyelesaian Kejahatan Perkosaan terhadap Anak dalam Masyarakat Adat Sikka ]]>
<![CDATA[Dangki Wanto Silla]]>;
<![CDATA[Jimmy Pello]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial ]]>
Publisher : <![CDATA[LPPM Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/hakim.v2i2.1747
<![CDATA[The purpose of this research is to analyze the function of the Du'a Mo'an Watu Pitu Customary institution in resolving crimes of rape against children in Sikka Customary society. This research method is empirical juridical. The writing approach is Juridical Sociological, with the writing location at the Customary Institution Du'a Mo'an Watu Pitu, Nangatobong Village, Waigete Sub-district, Sikka Regency. The aspects studied are to find out the supporting factors and how the process of solving the crime of rape in traditional institutions. The data collected are direct interview to the customary leader and also documentation studies in the form of scientific papers and journals to support the writing process. The results of this study are that indigenous peoples tend to choose customary institutions because these institutions are a forum that allows them to maintain their cultural identity and customary values inherited by their ancestors, namely honest customs, The settlement process is with the report of the community's family to the Chairperson of the Du'a Mo'an Watu Pitu Customary Institution in Nangatobong Village, summoning the parties by the Customary institution, the Naruk and Pla Pina process (Customary Case Title), the process of determining sanctions based on the type of rape, signing the minutes of the perpetrator's party has the obligation to carry out "Tua Wawi Ata Riwun".]]>
<![CDATA[Tinjauan Viktimologi Tindak Pemerkosaan oleh Ayah terhadap Anak Kandung di Kota Kupang ]]>
<![CDATA[Andini Raehun Putri Sidin]]>;
<![CDATA[Heryanto Amalo]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 2 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jurrish.v4i2.4980
<![CDATA[Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.]]>
<![CDATA[Kebijakan Hukum Pidana terhadap Penyalahgunaan Narkotika Jenis Baru ]]>
<![CDATA[Fernando Seran]]>;
<![CDATA[Jimmy Pello]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jurrish.v4i1.5068
<![CDATA[Narcotics are substances that cause certain effects for those who use them and put them into their bodies. Along with the development of the times, the types of drugs are increasing and have various variations. One example of a new type of drug is gorilla tobacco. Criminal Law Policy Against New Types of Narcotics Abuse. This study uses a normative juridical research type with a Philosophical approach, Criminal Law Political Approach, legislation, case approach and examines the contents of various legal sources, both books, journals and other related legal sources to answer the aspects that are the focus of the research. The results of this study indicate that in 2022 31,420 incidents were caused by an increase in the abuse of new types of narcotics (New Psychoactive Substances) which in previous years were not registered in the appendix to Law Number 35 of 2009, this caused a Legal Vacuum regarding the New Type of Narcotics. In addition, the author also analyzes the law enforcement against new types of narcotics (gorilla tobacco) in a review of Law Number 35 of 2009 concerning Narcotics and the form of criminal responsibility carried out by perpetrators of gorilla tobacco abuse in the decision of the District Court Number 32/Pid.sus/2021/PN Rtg.]]>
<![CDATA[Analisis Hukum Pidana terhadap Kasus Korupsi Pengadaan Barang dan Jasa : Studi Kasus Benih Bawang Merah Malaka ]]>
<![CDATA[Antonius Candra Mudakh]]>;
<![CDATA[Debi F. Ng Fallo]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jurrish.v4i1.5091
<![CDATA[This study aims to analyze the criminal law liability of the perpetrators in the case of corruption in the procurement of red onion seeds in Malaka Regency based on four decisions of the Kupang District Court: Decision of the KUPANG District Court Number 39 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 40 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 41 / Pid.Sus-TPK / 2023 / PN Kpg, and Decision of the KUPANG District Court Number 42 / Pid.Sus-TPK / 2023 / PN Kpg. This study uses a normative legal approach supported by empirical data through interviews with advocates, prosecutors, and judges. The results of the study indicate that the elements in Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has been cumulatively fulfilled in this case, namely the abuse of authority, state financial losses, and benefits for oneself or others. The application of the article to all defendants is considered legally valid, but in practice it does not fully reflect substantive justice because the roles and levels of involvement are not distinguished proportionally. The judge's decision and the prosecutor's indictment are considered consistent in normative aspects,but still leave challenges in terms of assessing the burden of proof and classification of criminal responsibility. This finding recommends the importance of evaluating the criminalization system, strengthening the capacity of procurement officials, and updating policies that distinguish between administrative errors and criminal acts of corruption.]]>
<![CDATA[Faktor Penyebab dan Upaya Penanggulangan Kejahatan Pencurian yang Dilakukan Anak di Kota Kupang ]]>
<![CDATA[Sherly Floresti Anin]]>;
<![CDATA[Rudepel Petrus Leo]]>;
<![CDATA[Adrianus Djara Dima]]>
<![CDATA[ Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Kajian Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/jaksa.v2i3.1869
<![CDATA[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.]]>
