Claim Missing Document
Check
Articles

Found 10 Documents
Search

Hambatan Penegakan Hukum terhadap Pelaku Tindak Pidana Pencurian Benda Cagar Budaya di Kupang Nusa Tenggara Timur Hildegardis Ajeng Wantur; Jimmy Pello; Bhisa Vitus Wilhelmus
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v2i2.3004

Abstract

The purpose of this study is the obstacles to law enforcement against perpetrators of criminal acts of theft of cultural heritage objects in Kupang, East Nusa Tenggara. This research is an empirical juridical research that examines a legal event that occurs through a statute cause approach. Data collection is carried out with two events, namely interviews and document studies. The data obtained is then presented descriptively qualitative. The results showed that the obstacles experienced by the community and law enforcement officials are: the absence of reports to the police and coordination with other stakeholders; the caretaker's mistake in understanding evidence; stakeholders who observe cultural heritage have not functioned optimally; and there is no PPNS cultural heritage in NTT. Prevention efforts taken in the form of prevention include: organizing cultural heritage promotion and counseling campaigns; providing training or technical guidance to all cultural heritage caretakers in NTT; the government supports the presence of the Cultural Preservation Agency (BPK); and collaborating with stakeholders. Law enforcement against criminal acts of theft of cultural heritage objects is still not optimal. Therefore, suggestions for the results of this study are the socialization of cultural heritage protection and cultural heritage laws comprehensively. All stakeholders must be more adaptive and responsive. BPK needs to cooperate with local governments and related institutions to draft a special regulation or law governing the establishment of a special agency for the supervision of cultural heritage sites. Make a government regulation regarding the establishment of a special cultural heritage police.
Modus Operandi Kejahatan Pencurian Motor di Kota Kupang dan Pola Penanggulangannya : (Studi Kasus Polsek Kelapa Lima) Maurius Septianto; Orpa Ganefo Manuain; Bhisa Vitus Wilhelmus
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3422

Abstract

The purpose of this research is to analyze the modus operandi of motorcycle theft crime in Kupang City and its prevention pattern (case study of Kelapa Lima Police Station). This research is an empirical legal research that directly observes the research location to find out the facts that occur in the field. The research data sources are primary data and secondary data which are then analyzed descriptively qualitatively. The results showed that the modus operandi of overcoming the crime of theft of motorized vehicles in the jurisdiction of the Kelapa Lima Police was iron scissors, using kunji t, using fake contact kunji, using leasing services (debtcolletor). Of all the cases of crime modus operandi of motorcycle theft above has 40 cases of different types of modes. Countermeasures carried out by law enforcement or police officers include pre-emtif efforts, which are initial efforts made by the police to prevent crime by instilling good values and norms so that these norms are internalized in each person. Preventive, These preventive efforts are a follow-up to pre-emtif efforts which are still in the prevention stage before the crime occurs. Preventive efforts that are emphasized are eliminating opportunities to commit crimes. Repressive, The countermeasures taken are by taking action against the perpetrators of crime in accordance with their actions and correcting them so that they realize that their actions are unlawful and detrimental to society.
Perlindungan Hukum terhadap Masyarakat yang Diserang Buaya pada Habitat Buaya di Nusa Tenggara Timur Radhi Renault Salmun; Jimmy Pello; Bhisa Vitus Wilhelmus
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.v2i2.2947

Abstract

Conflicts between humans and wild crocodiles still occur frequently in East Nusa Tenggara. Conflicts often occur with residents who live on coastlines and river estuaries, where most of the population earn their living as fishermen and farmers. The objectives of this research are: (1) Want to know the form of legal protection for people who are attacked by crocodiles in crocodile habitats. (2) Want to know the pattern of conflict management between humans and crocodiles in their habitat. This research is a type of empirical juridical research, or what is called field research, namely examining applicable legal provisions and what happens in reality in society. Empirical juridical research is legal research regarding the application or implementation of normative legal provisions in action in every legal event that occurs in society. The results of this research show: (1) Legal protection that protects every human right that is attacked by a crocodile has been clearly regulated in law number 5 of 1990, government regulation number 7 of 199 9, government regulation number 13 of 1994, and ministerial regulations forestry number P.08 of 2008. (2) Efforts to overcome conflict between crocodiles and humans have been carried out by establishing a SATGAS or task force for dealing with conflict between humans and wild animals and consists of two units, where one unit is tasked with dealing with the community and the other unit tasked with dealing with wild animals. There are also several government agencies in it to respond to reports quickly and handle them according to SOPs or standard operational procedures for handling conflicts between humans and wild crocodiles which serve as standard guidelines for handling conflicts reported by the public. As well as efforts from the government, there have also been short-term efforts such as outreach and long-term efforts such as conducting more in-depth research on crocodiles. Based on the results of this research, it is hoped that there will be awareness from all components, both society and government, so as not to excessively convert land so that it destroys the natural habitat of crocodiles and causes crocodiles to escape into public areas.
Faktor-Faktor Penyebab dan Kendala-Kendala yang dihadapi dalam Pemberian Bantuan Hukum Nonlitigasi Penyuluhan Hukum Lembaga Bantuan Hukum Kepada Kelompok Orang Miskin di Kota Kupang Ibrani Arianto Dite; Rudepel Petrus Leo; Bhisa Vitus Wilhelmus
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.v1i4.536

Abstract

study aims to find out and analyze the factors that cause legal aid institutions to not be verified as legal aid institutions to the poor and the obstacles faced by legal aid institutions in providing non-litigation legal aid in the form of legal counseling to the poor obtained through interviews and observations and empirical juridical, namely those obtained through interviews and literature research. The results of the study show: (1) the factors that cause legal aid institutions to not be verified as legal aid institutions to the poor include: legal factors, law enforcement officials, infrastructure factors, community factors and cultural factors (2) obstacles faced by legal aid institutions in providing non-litigation legal assistance in the form of legal counseling to the poor, which include: internal factors and external factors.
Pertanggungjawaban Pidana Bagi Pelaku Tindak Pidana Pencurian Data Nasabah Perbankan dengan Mode Skimming Ditinjau dari Undang-Undang Nomor 1 Tahun 2024 Tentang Informasi dan Transaksi Elektronik Ludgardis Goo Nembo; Bhisa Vitus Wilhelmus; Debi F.Ng. Fallo
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Desember : 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.v2i4.1760

Abstract

Banking is one of the financial services companies that has provided services to the community and businesses, Behind this development there are various legal problems related to information crime and electronic transactions in the banking sector, Skimming is the act of stealing debit or credit card information by accessing an independent cash machine and copying the information contained on the magnetic stripe of the debit card or credit belonging to the customer (victim) illegally to have control over the customer's (victim) account. The application of the law to the crime of ATM skimming is regulated in Article 362 of the Criminal Code (KUHP) regarding the crime of theft. This research is a type of normative judicial research supported by a normative approach by using primary legal materials, secondary legal materials and tertiary legal materials as data sources. This study uses a prescriptive method, which is an analysis method that provides an assessment (justification) about the object being researched whether it is true or false, or what should be according to the law. The results of the study show that (1) Skimming is a magnetic stripe crime that exists on ATM cards illegally to have control over the card or the account by duplicating the ATM card or by installing a hidden camera to find out the ATM PIN of the customer or victim. (2) Strategies to prevent unauthorized access and early detection of suspicious activities can be applied to reduce the incidence of criminal acts and effective cyber security is to strengthen the network and security system. This can include investing in cutting-edge security technologies, such as robust firewalls, active network monitoring, and security programs that can detect suspicious attacks. In addition, organizations also need to involve their employees in cybersecurity efforts.
Pertanggungjawaban Pidana Terkait Kelalaian Pengobatan Tradisional Pada Suku Kemak di Kampung Sadi Kabupaten Belu Dalam Perspektif Hukum Positif Indonesia Chatrine Aurora Bere Mau; Karolus K. Medan; Bhisa Vitus Wilhelmus
Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): Desentralisasi : 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.v2i1.394

Abstract

In Indonesia, traditional medicine has a legal position that is recognized and protected by state law in the provisions of article 50 paragraph (1) and paragraph (2) of Law Number 36 of 2009 concerning Health. It is also stated in the new Law Number 17 of 2023 concerning health article 192 paragraph (1). Although traditional medicine is recognized and regulated by national law, traditional medicine practitioners can also engage in malpractice acts. Currently, people have a lot of problems with traditional medicine, which is too prone to mishandling patients' diseases because of its methods that have not been clinically tested. The increasing number of cases of fracture infection caused by fracture shamans every year is one example of inappropriate handling that occurs in the Kemak Tribe in Kampung Sadi, Belu Regency. This research is a socio-legal research supported by an empirical approach that uses primary data and secondary data collected using interview and observation techniques and processed and dialysed using Editing, Coding, Verification, and Interpretation techniques. The results of this study show that (1) Negligence in traditional medicine is a serious problem that has a wide impact on individuals and society. (2) In traditional medicine, the prevention and control of negligence requires a comprehensive approach through education, regulation, and cooperation between the government, practitioners, and conventional health workers.
Kajian Kriminologi terhadap Kekerasan yang Dilakukan oleh Perempuan di Kota Kupang Agatha Novarilla Akong; Bhisa Vitus Wilhelmus; Rosalind Angel Fanggi
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.v1i4.184

Abstract

The purpose of this study is to find out and analyze the criminological study of violence committed by women in Kupang City. This research is an empirical legal research, the sources and types of data in this study are primary data obtained from interviews at the Kupang City Police, Kupang Class II B Women's Correctional Institution and in the community and secondary data obtained from literature studies, then processed by checking, reconstructing, after which the material is regularly fixed so that it is easy to understand. From this study, the author can conclude that the factors that cause violence by women in Kupang City are classified into two, namely internal factors, namely prolonged stress and external factors, namely economic factors, environmental factors, and opportunity factors. Apart from that, the reaction of the people of Kupang City to violence committed by women in Kupang City consists of reactions in the form of rejection, understanding, and indifferent reactions from the community.
Tinjauan Yuridis terhadap Tindak Pidana Ujaran Kebencian (Hate speech), : Kekerasan dan Pornografi dalam Game online Dari Undang-Undang Nomor 1 Tahun 2024 Sebagaimana Perubahan Ke-2 Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Margreth Thatcer Appah; Bhisa Vitus Wilhelmus; Darius Antonius Kian
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.v1i4.221

Abstract

The ease of access and availability of online game s on the internet opens up new opportunities as well as challenges. This challenge arises because not all online games are suitable for people to play. Many online games contain negative elements, such as violence, hate speech, and pornography. The provisions in Law No. 1 of 2024 on the Second Amendment to Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions are the main basis for countermeasures in cyberspace. The type of research the author uses is Normative Legal Research (library research). This research is also called a document study conducted by examining library and secondary materials, especially written regulations or other legal products. The results show that the rapid growth of online gaming has led to serious problems such as the spread of hate speech, bullying, and pornographic content. The lack of clarity in regulations makes it difficult to enforce the law against criminals in the online gaming realm. To overcome this problem, collaboration between various parties is needed, with an emphasis on increasing the capacity of law enforcement, developing digital forensic technology, improving regulations, and increasing legal awareness among the public.
Persepsi Mahasiswa Fakultas Hukum Universitas Nusa Cendana Terhadap Penghinaan Citra Tubuh (Body Shaming) di Lingkungan Kampus dan Media Sosial Renatalia Urbalina Pa Tari; Daud Dima Talo; Bhisa Vitus Wilhelmus
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.v3i3.3893

Abstract

The purpose of this study is to analyze the perceptions of students of the Faculty of Law, Nusa Cendana University about body shaming in the campus environment and social media and how the regulation of criminal acts of body shaming in review of the Criminal Code and Laws outside the Criminal Code. This research method is an empirical juridical approach, namely research whose data is obtained through efforts to investigate existing realities in social life. The results of this study are that the perceptions of students are very diverse, most students know about body shaming, many students have been victims of body shaming, and some are often the perpetrators of body shaming. The acts of body shaming that are experienced form the thoughts of some students to fight back but more choose to remain silent. This thought causes a response where some students choose to shut down and close themselves, some become insecure and others choose to withdraw from their social environment. According to most students, body shaming is a dangerous thing. The regulation of the criminal offense of body shaming in terms of the Criminal Code, the relevant article is Article 315 of the Criminal Code and if it is reviewed from laws outside the Criminal Code, the relevant articles are Article 27 Paragraph (3) of the ITE Law, Article 5 of the TPKS Law and Permendikbud Ristek No.30 of 2021.
Perlindungan Hukum dengan Pemberian Restitusi terhadap Anak Sebagai Korban Tindak Pidana Pencabulan Dilla Kartika Odje; Bhisa Vitus Wilhelmus; Deddy R. Ch. Manafe
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 2 (2025): Juli: Journal of Administrative and Sosial Science (JASS)
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i2.1975

Abstract

The crime of obscenity is still a problem that is very difficult to eliminate. The main target of criminal acts of molestation often occurs in minors. Criminal acts of abuse that occur can have long-term impacts on children as victims both physically, psychologically, and socially. The research method used by the author is normative legal research, by reviewing or examining laws and regulations and court decisions related to the legal issues at hand. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials which are then analyzed qualitatively descriptively. The results of this study show that: (1) The basis for the consideration of the Panel of Judges in imposing a sentence on the perpetrator of the crime of child abuse in the case of Decision Number 69/Pid.Sus/2023/PN Bajawa is to consider its juridical and non-juridical aspects. (2) Regarding the legal consequences if the Restitution is unable to be paid by the Defendant so far has not been specifically regulated either in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and Government Regulation Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts. If there is no provision that specifically regulates the penalty in lieu of restitution, there will be a small possibility for the Victim's Child to receive his rights.