Articles
<![CDATA[Penerapan Sanksi Pidana terhadap Anak Sebagai Pelaku Tindak Pidana Penganiayaan di Kabupaten Belu ]]>
<![CDATA[Vinsensius Naiaki]]>;
<![CDATA[Orpa Ganefo Manuain]]>;
<![CDATA[Heryanto Amalo]]>
<![CDATA[ Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 2 No. 2 (2024): Juni : Jurnal Publikasi Ilmu Hukum ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/deposisi.v2i2.3041
<![CDATA[Children are the nation's assets as the successors of the nation's founders to make the country a developed country. As the nation's successors, children must receive comprehensive and massive protection. In the Child Protection Law, it is stated that children need special protection in various situations. For children who are in conflict with the law, the State provides legitimacy in the hope of changing children's behavior and the involvement of many parties in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System or later known as the SPPA Law. The case taken by the author is a case where it is explained that a child in conflict with the law is a recidivist or has committed a repeat crime. Child recidivism is basically the same as recidivism in general, the difference is that the perpetrator here is a child. Repetition of criminal acts here means criminal acts committed by children, whether similar or dissimilar criminal acts, including criminal acts completed through diversion. It is explained that the case written is a case of repetition of criminal acts or recidivism committed by children of criminals. The legal process for the criminal act of abuse committed by Rui Vicente alias Aroni's child no longer takes the diversion route because the perpetrator's child is a recidivist. In this regard, child perpetrators are being processed in court by holding trials which are charged under Article 351 paragraph (1) of the Indonesian Criminal Code. UU no. 11 of 2012 concerning the Juvenile Criminal Justice System.]]>
<![CDATA[Modus Operandi Kejahatan Pencurian Motor di Kota Kupang dan Pola Penanggulangannya : (Studi Kasus Polsek Kelapa Lima) ]]>
<![CDATA[Maurius Septianto]]>;
<![CDATA[Orpa Ganefo Manuain]]>;
<![CDATA[Bhisa Vitus Wilhelmus]]>
<![CDATA[ Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/doktrin.v2i3.3422
<![CDATA[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.]]>
<![CDATA[Pertanggungjawaban Pidana terhadap Tindakan Pembajakan Film di Aplikasi Tiktok ]]>
<![CDATA[Emiliana Febriyanti Alda Jalut]]>;
<![CDATA[Orpa Ganefo Manuain]]>;
<![CDATA[Adrianus Djara Dima]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i2.2886
<![CDATA[This research is conducted with the aim of discussing and analyzing answers to problems such as the forms of actions that can be categorized as criminal acts of film piracy and the qualifications of criminal acts of film piracy on TikTok social media and how criminal liability for acts of film piracy in the TikTok application with regard to positive law in Indonesia. This research method is normative juridical method. Normative juridical method is a legal research method that focuses on library materials or secondary materials. With the approach used by researchers is a statutory approach and a conceptual approach. Based on the results of the research, benefits were obtained. The benefits obtained can be seen from the increase in likes and followers. Then the researcher also concluded that the act of piracy is categorized as a qualified offense with criminal aggravation which is included in the category of voorgezete handelings. In overcoming the existing problems, researchers argue that Tiktok also needs to be held accountable considering the losses caused are not small. However, researchers found that the legislation, especially Law Number 28 of 2014 concerning Copyright, does not separate sanctions for individuals and corporations. According to the author, there needs to be a separation of sanctions because the comparison of losses caused by actions taken by individuals and those taken by corporations is different.]]>
<![CDATA[Peran Kejaksaan dalam Penentuan Hak Restitusi Tindak Pidana Perdagangan Orang: Studi Kasus Nomor 27/Pid.sus/2019/PN.Kpg ]]>
<![CDATA[Agatha Melinda Soebesky Uras]]>;
<![CDATA[Orpa Ganefo Manuain]]>;
<![CDATA[Rosalind Angel Fanggi]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i4.606
<![CDATA[This study aims to find out and analyze the role of the prosecutor's office in determining the right to restitution for the crime of trafficking in persons based on case number 27/Pid.sus/2019/PN.Kpg. This research is a normative legal research (library research) supported by empirical data. This research focuses on the Role of the Prosecutor's Office in Determining the Right to Restitution for the Crime of Trafficking in Persons. The approach used in this study is the case approach. This research uses primary legal materials, secondary legal materials and tertiary legal materials. This legal research is analyzed using the Content Analysis legal material analysis technique. The results of this study show that (1) The existence of restitution is contained in Law Number 21 of 2007 concerning Trafficking, Article 4 of Perma No. 1 of 2022, and is contained in the Criminal Procedure Code. (2) The role of the prosecutor's office in determining the right to restitution of victims in the crime of trafficking in persons is to inform the victim of their rights in submitting restitution applications to the court, so that the suggestions that can be given to law enforcers, especially the Public Prosecutor, should be given socialization or training regarding Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons, especially the provision of restitution, so that there is a common perception in handling cases of human trafficking.]]>
<![CDATA[Dasar Pertimbangan Hakim dalam Putusan Nomor 150/PID.SUS/2021 Terhadap Pengedar Sediaan Farmasi Tanpa Ijin dalam Perspektif Keadilan: Studi Kasus Putusan Pengadilan Negeri Kupang ]]>
<![CDATA[Diana Ndun]]>;
<![CDATA[Orpa Ganefo Manuain]]>;
<![CDATA[Rosalind Angel Fanggi]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i4.617
<![CDATA[This research is a normative research, so this data is carried out by conducting a literature study on the verdict. Data sources are obtained from primary legal materials, namely: laws and regulations and court decisions, secondary obtained from literature and literature studies, tertiary legal materials obtained from the internet, dictionaries, and encyclopedias. The results of the research obtained from analyzing the verdict show that (1). The basis for the judge's consideration in imposing criminal sanctions against distributors of pharmaceutical preparations without expertise and authority by looking at the Judge's Juridical Considerations and Non-Juridical Considerations of the judge is appropriate and uses an Article that meets the elements of the perpetrator's violation in accordance with the Health Law, but the imposition of criminal sanctions is very light and far from the provisions of the Article. (2). The suitability of the imposition of criminal sanctions in Decision Number 150/Pi.Sus/2021/PN Kupang with the Health Law given by the Judge to the defendant is so light that it cannot guarantee that the defendant will feel frustrated and will not repeat his actions again. This makes the sense of justice, usefulness and legal certainty not fulfilled properly. The author's suggestion that the criminal sanctions imposed by the Panel of Judges against the defendant should not only consider the behavior and actions of the defendant but also look at the consequences of the defendant's actions that can have a bad impact on the health of consumers/patients who take the hard drug.]]>
<![CDATA[Penegakkan Hukum Terhadap Tindak Pidana Perundungan dalam Dunia Maya (Cyberbullying) di Kota Kupang ]]>
<![CDATA[Michele Gisela Dubu]]>;
<![CDATA[Rudepel Petrus Leo]]>;
<![CDATA[Orpa Ganefo Manuain]]>
<![CDATA[ Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 4 (2024): Desember : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/presidensial.v1i4.355
<![CDATA[The world has entered the era of modernization and affects increasingly sophisticated technology and information, but this has resulted in many individuals who abuse the internet as a means of committing crimes, one of which often occurs is cyberbullying or (cyberbullying). The crime of cyberbullying has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the ITE Law and the Criminal Code (KUHP) which is elaborated to become the basis for authorized law enforcement in enforcement efforts. This research is an empirical juridic research. The location of the research in the East Nusa Tenggara regional police area, the data collection method is by interviews, documentation studies and observations. The collected data is then analyzed and then presented in a qualitative descriptive manner. The results of the research on law enforcement through 2 stages, among others, preventive efforts and repressive efforts, then inhibiting factors in law enforcement, among others, limited budget and tools for investigation and investigation so that it is difficult to find evidence if the perpetrator uses a fake account without personal data or phone number, besides that Article 74 of the Criminal Code has regulated the expiration of the complaint offense so that the victim must immediately report the crime he has experienced. As for the suggestion, it is hoped that the consistent active role of law enforcers to socialize rules and ethics in the use of social media and maximize law enforcement efforts for perpetrators of criminal acts to the court stage. The government can make a special formula related to the expiration of complaints for cyberbullying cases in the ITE Law. It is hoped that the public will have a high legal awareness in the use of social media so as to prevent criminal acts committed through cyberspace.]]>
<![CDATA[Penegakan Hukum Terhadap Pelaku Penipuan Investasi Online Studi kasus di Kepolisian Daerah (POLDA) Nusa Tenggara Timur ]]>
<![CDATA[Frengky Adolfo Lay]]>;
<![CDATA[Debi F.Ng. Fallo]]>;
<![CDATA[Orpa Ganefo Manuain]]>
<![CDATA[ JISPENDIORA Jurnal Ilmu Sosial Pendidikan Dan Humaniora Vol. 4 No. 2 (2025): Agustus: Jurnal Ilmu Sosial, Pendidikan Dan Humaniora (JISPENDIORA) ]]>
Publisher : <![CDATA[Badan Penerbit STIEPARI Press ]]>
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DOI: 10.56910/jispendiora.v4i2.2387
<![CDATA[Online business does make it easier for fraudsters to carry out their actions. Although online investment fraud has been partially revealed, many of the actions taken by individuals against these actions have not yet reached the legal realm. The research method used by the author is empirical legal research, the research data collection technique uses systematic interviews and is based on the research object, data analysis in this study is qualitative descriptive analysis. The results of the study show that criminal law enforcement against perpetrators of gold investment fraud is carried out in accordance with criminal law regulations, namely the Criminal Code (KUHP) Article 378, the police as investigators have difficulty finding the perpetrators so they decide to stop the investigation in accordance with Article 109 of the Criminal Procedure Code. The gold investment fraud case that occurred in East Nusa Tenggara in 2019 showed that law enforcement by the police was hampered by law enforcement factors, facilities and infrastructure factors, community factors and cultural factors.]]>
<![CDATA[Penyelesaian Kasus Kecelakaan Lalulintas Secara Damai (Restorative Justice) di Kota Kupang ]]>
<![CDATA[Anggelina Ikun Sally]]>;
<![CDATA[Reny Rebeka Masu]]>;
<![CDATA[Orpa Ganefo Manuain]]>
<![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.v4i2.4972
<![CDATA[Most people do not know the legal basis for resolving traffic accidents that result in death through restorative justice (peaceful, family). Such a wrong public perception will cause great harm to the government's efforts to develop in the legal field, among other things, it can raise confusing questions. This study is a contribution of researchers' thoughts to participate in solving one of the legal problems that have long occurred in society. The research used is juridical-sociological or empirical research with a legal research approach. This research is an in-depth interview. The data collected are verbal and nonverbal. The conversation is recorded in a notebook or recorded with a tape recorder. The data is processed, analyzed and interpreted in a juridical-descriptive manner to explain or describe the data obtained by providing a logical interpretation and confirmed by the opinions of experts. The results of the study indicate that the causal factors or reasons for peaceful resolution or restorative justice of traffic accident cases resulting in fatalities at the Kupang City Police Resort are public legal awareness, public tendency to prioritize peace and family, and police discretionary authority. The practice of restorative justice resolution of traffic accident cases resulting in fatalities is carried out through the stages of the Approach Stage, Mediation Stage, Agreement Making Stage, Agreement Implementation Stage, and Completion and Case Closed Management.]]>
<![CDATA[Pengaturan Pertanggungjawaban Pidana Korporasi dalam Undang-Undang Nomor 45 Tahun 2009 Tentang Perikanan ]]>
<![CDATA[Maria Elviana Lelangwayan]]>;
<![CDATA[Aksi Sinurat]]>;
<![CDATA[Orpa Ganefo Manuain]]>
<![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.v4i1.5034
<![CDATA[Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries recognizes corporations as subjects of criminal acts in criminal acts in the fisheries sector, but the corporations are not held criminally responsible.This research is a normative legal research, using a statutory approach and a conceptual approach with literature study techniques or document studies. The processing of legal materials is carried out with several processes, namely the validity of legal materials, classification of legal materials, recording legal materials and analysis of legal materials. Analysis of legal materials is carried out in a normative qualitative juridical manner with descriptive and prescriptive analysis. The results of this study indicate first, the regulation of corporate criminal liability in the current Fisheries Law still has shortcomings/weaknesses, namely it does not clearly formulate when a corporation is said to have committed a crime and based on the history of the development of corporations as subjects of criminal law, corporate criminal liability in the current Fisheries Law is still at stage II where corporations are recognized as perpetrators of criminal acts, but their criminal liability has not directly affected the corporation and only the corporate administrators are responsible. Second, the regulation of corporate criminal liability in the future can be seen in the Fisheries Bill which has answered the weaknesses/deficiencies in the Fisheries Law and has accommodated corporate criminal liability where corporations can be subject to principal or additional criminal sanctions for the crimes they commit.]]>
