Articles
<![CDATA[Optimalisasi Pembinaan Anak Binaan Pemasyarakatan di LPKA Kelas 1 Kupang dalam Upaya Pencegahan Residivis ]]>
<![CDATA[Alexander Esthario Martinus Corrua]]>;
<![CDATA[Thelma Selly Marlin Kadja]]>;
<![CDATA[Daud Dima Tallo]]>
<![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.v2i3.3181
<![CDATA[The purpose of this study is to analyze the optimization of fostering correctional children in LPKA Class 1 Kupang in an effort to prevent recidivism. The research method uses a qualitative method with an empirical legal research approach, sources and types of data in this study, namely primary data obtained from interviews and observations at LPKA Class 1 Kupang and secondary data obtained from literature studies, then processed by checking and correcting, then analyzed descriptively qualitative. Research results obtained: The optimization of the implementation of coaching for correctional foster children at LPKA Class 1 Kupang in an effort to prevent recidivism is carried out through personality coaching including spiritual guidance and counseling, fostering the nation and state, fostering arts and sports. While fostering independence is carried out through educational coaching, and skills coaching. In addition, reintegration and integration coaching is carried out including assimilation, conditional leave and parole. The implementation of the coaching process carried out on foster children at LPKA Class 1 Kupang is not free from various inhibiting factors including: infrastructure facilities and lack of quality human resources. Suggestion: It is expected that the LPKA Class 1 Kupang needs to improve adequate infrastructure, prepare the quality of human resources with various expertise that supports the implementation of the coaching process and cooperate with stakeholders and outside agencies, both government agencies and non-government agencies so that the coaching process can run optimally so that it can prepare foster children before returning to society.]]>
<![CDATA[Penyalahgunaan Mobil Dinas di Tinjau dari Undang-Undang Nomor 31 Tahun 1999 Juncto Undang-Undang Nomor 20 Tahun 2001 Tentang Pemeberantasan Tindak Pidana Korupsi di Lingkungan Pemerintahan Kota Kupang ]]>
<![CDATA[Krisanti Maria Nana]]>;
<![CDATA[Daud Dima Tallo]]>;
<![CDATA[Bhisa Vitus Wihelmus]]>
<![CDATA[ Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik ]]>
Publisher : <![CDATA[Lembaga Pengembangan Kinerja Dosen ]]>
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DOI: 10.59581/jhsp-widyakarya.v2i3.3527
<![CDATA[The purpose of this research is to analyze the misuse of official cars in review of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the eradication of criminal acts of corruption in the Kupang City Government. This research uses Empirical Legal Research method with primary data legal sources collected through interviews with respondents and observation of the research location as well as secondary legal data sources collected through literature study or document study. The results of the research indicate that the misuse of official cars related to the crime of corruption, namely abuse of authority in this case the misuse of official cars in the crime of corruption refers to the formulation of Article 3 of the Law on Criminal Acts of Corruption (UUTPK), namely with the aim of benefiting oneself or another person or a corporation abusing the authority, opportunity or means available to him because of his position or position that can harm state finances. Law enforcement against the misuse of official cars outside the office, namely: preventive law enforcement and repressive law enforcement. From the results of the study, the researcher concluded that the regulation of the minister of home affairs number 7 of 2006 concerning the standardization of local government work facilities and infrastructure article 1 letter g, what is meant by official vehicles is government property that is used only for official purposes, consisting of individual service vehicles, operational service vehicles / official service vehicles, and special service vehicles / fields.Conclusion related to law enforcement efforts against the misuse of official cars outside the office, namely carried out by preventive and repressive actions.]]>
<![CDATA[Tinjuan Kriminologi Penganiayaan dan Pemerkosaan oleh Anak Kandung terhadap Ibu Kandung di Kabupaten Manggarai Timur ]]>
<![CDATA[Maria Febrianti Dia]]>;
<![CDATA[Daud Dima Tallo]]>;
<![CDATA[Rudepel Petrus Leo]]>
<![CDATA[ Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Administrasi Negara ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar ]]>
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DOI: 10.55606/eksekusi.v2i2.1076
<![CDATA[This study discusses the factors causing abuse and rape against biological mothers and the efforts to combat these crimes against women (biological mothers). The aim of the research is to identify the factors causing abuse and rape against biological mothers and to determine the efforts to combat abuse and rape against biological mothers in East Manggarai Regency. The research methodology used is empirical research, conducted directly in the field and carried out at the Indonesian National Police, East Manggarai Regency. The research results indicate that the factors causing abuse and rape by biological children against biological mothers are sexuality, mental health, moral factors of the perpetrators, economic factors, low education, and environmental factors. This study also shows that the efforts made by the East Manggarai Regency Police to combat abuse and rape against biological mothers include preventive and repressive measures.]]>
<![CDATA[Peran Badan Narkotika Nasional Provinsi Nusa Tenggara Timur dalam Penegakan Hukum terhadap Tindak Pidana Nartkotika ]]>
<![CDATA[Susana Amos Pah]]>;
<![CDATA[Aksi Sinurat]]>;
<![CDATA[Daud Dima Tallo]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Juni : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
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DOI: 10.59059/mandub.v2i2.1224
<![CDATA[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.]]>
<![CDATA[Tradisi Her Tutu (Kawin Paksa) dalam Tatanan Hukum Adat Suku Kemak Kampung Sadi Kabupaten Belu Ditinjau dari Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual ]]>
<![CDATA[Maritha Almeida Soares Fahik]]>;
<![CDATA[Karolus Kopong Medan]]>;
<![CDATA[Daud Dima Tallo]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol 2 No 2 (2024): Juni : Jurnal Ilmu Hukum dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i2.1848
<![CDATA[Legal protection for the tradition of forced marriage has been regulated in the form of Law Number 12 of 2022 concerning criminal acts of sexual violence. With the enactment of Law Number 12 of 2022, it guarantees legal certainty for victims of forced marriage in protecting their rights. The purpose of this research is to determine the essence of the "Her Tutu" (Forced Marriage) tradition and to determine the categorization of the "Her Tutu" (forced marriage) tradition. This research uses a type of socio-legal research, using an empirical approach, namely an approach based on the type of data and data analysis. The data used includes primary and secondary data, data collected through interviews and observations. Also, using data analysis by transcribing and compiling data systematically. From the research results it can be concluded (1) This tradition is based on family values and community unity. Marriage is seen as a way to strengthen relationships between families and maintain social harmony. (2) The tradition of her tutu forced marriage in the customary law of the Kemak tribe in Belu Regency. can be categorized as a criminal offense according to the sexual violence crime law contained in Article 10 of the Sexual Violence Crime Law. Based on conclusions. suggestions that can be given (1) Loss of individual autonomy and rights in determining their marriage. (2) Forced marriage is included in one type of criminal act of sexual violence (seen from Article 10 Paragraph (1) of Law Number 12 of 2022 concerning criminal acts of violence sexual.]]>
<![CDATA[Tradisi Her Tutu (Kawin Paksa) dalam Tatanan Hukum Adat Suku Kemak Kampung Sadi Kabupaten Belu Ditinjau dari Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual ]]>
<![CDATA[Maritha Almeida Soares Fahik]]>;
<![CDATA[Karolus Kopong Medan]]>;
<![CDATA[Daud Dima Tallo]]>
<![CDATA[ Perkara : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): Juni : Perkara: Jurnal Ilmu Hukum Dan Politik ]]>
Publisher : <![CDATA[Universitas Sains dan Teknologi Komputer ]]>
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DOI: 10.51903/perkara.v2i2.1848
<![CDATA[Legal protection for the tradition of forced marriage has been regulated in the form of Law Number 12 of 2022 concerning criminal acts of sexual violence. With the enactment of Law Number 12 of 2022, it guarantees legal certainty for victims of forced marriage in protecting their rights. The purpose of this research is to determine the essence of the "Her Tutu" (Forced Marriage) tradition and to determine the categorization of the "Her Tutu" (forced marriage) tradition. This research uses a type of socio-legal research, using an empirical approach, namely an approach based on the type of data and data analysis. The data used includes primary and secondary data, data collected through interviews and observations. Also, using data analysis by transcribing and compiling data systematically. From the research results it can be concluded (1) This tradition is based on family values and community unity. Marriage is seen as a way to strengthen relationships between families and maintain social harmony. (2) The tradition of her tutu forced marriage in the customary law of the Kemak tribe in Belu Regency. can be categorized as a criminal offense according to the sexual violence crime law contained in Article 10 of the Sexual Violence Crime Law. Based on conclusions. suggestions that can be given (1) Loss of individual autonomy and rights in determining their marriage. (2) Forced marriage is included in one type of criminal act of sexual violence (seen from Article 10 Paragraph (1) of Law Number 12 of 2022 concerning criminal acts of violence sexual.]]>
<![CDATA[Kecenderungan Penyelesaian Tindak Pidana Perzinahan Melalui Mekanisme Hukum Adat Manggarai di Desa Golo Wua Kecamatan Wae Ri’i Kabupaten Manggarai ]]>
<![CDATA[Cici Paramita Indah Ayu Tamara Bili]]>;
<![CDATA[Karolus Kopong Medan]]>;
<![CDATA[Daud Dima Tallo]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v3i3.3906
<![CDATA[The purpose of this research is to analyze the tendency of adultery crime settlement through Manggarai customary law mechanism in Golo Wua Village, Wae Ri'i Sub-District, Manggarai Regency. The research used in this thesis uses empirical juridical research methods or field research. The result of this research is that the community still upholds cultural values that bind the community to one another in the frame of family harmonization. The community also maintains the integrity of the family so that it uses customary law as a persuasive approach to maintain social relations. The community in Golo Wua Village has a limited economy and if they follow the formal legal process it can be a huge financial burden. The people of Golo Wua Village still hold tightly to the beliefs of their ancestors and most cases of adultery that occur there are also those who still have a close blood relationship between the two perpetrators so it is illegal if resolved by formal or national law and must be resolved using customary law. Suggestions are expected to the customary leader (Tua Golo) before imposing sanctions / fines on the perpetrators of adultery should be in accordance with the actions committed and can provide a deterrent effect in applying customary sanctions of traditional leaders and reaffirming the customary rules that have been agreed upon, then provide customary sanctions that minimize adultery cases.]]>
<![CDATA[Analisis Yuridis Tindak Pidana Judi Offline dan Tindak Pidana Judi Online di Kota Kupang ]]>
<![CDATA[Adi Putra Bolle]]>;
<![CDATA[Bhisa V. Wilhelmus]]>;
<![CDATA[Daud Dima Tallo]]>
<![CDATA[ JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS) ]]>
Publisher : <![CDATA[Pusat Riset dan Inovasi Nasional ]]>
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DOI: 10.55606/jhpis.v3i4.4292
<![CDATA[In East Nusa Tenggara (NTT) there are various types of gambling, ranging from offline gambling to online gambling. In the city of Kupang itself there are various kinds of gambling, starting from offline gambling, namely, kuru-kuru or throwing dice, rolling ball, cockfighting or cockfighting and bingo, as well as online gambling which is usually called lottery gambling or white coupons. In short, gambling itself is the action of a person or a number of people in risking a certain amount of money or objects in order to seek profit and includes all kinds of bets in the form of money or objects, either directly or indirectly, such as online payments via online applications or existing online sites to facilitate transaction. This research uses normative legal research methods sourced from data obtained in the form of legal rules, legal principles and legal doctrines to answer the problems studied. The research results show that the occurrence of gambling in Indonesia to date is one of the factors caused by the weaknesses in the regulations regarding criminal acts of gambling offline and online so that gambling in Indonesia is still very widespread.]]>
<![CDATA[Analisis Yuridis Dampak Overcapacity Lembaga Pemasyarakatan terhadap Pembinaan Warga Lapas Ditinjau dari Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan: Studi Kasus Lapas Kelas II B Ende ]]>
<![CDATA[Anjelina Wora Roi Wani]]>;
<![CDATA[Daud Dima Tallo]]>;
<![CDATA[Heryanto Amalo]]>
<![CDATA[ Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/mahkamah.v1i4.209
<![CDATA[This study aims to find out and analyze the impact of the overcapacity of correctional institutions on the development of Class II Ende prison residents reviewed from Law No. 22 of 2022. This research uses a type of empirical juridical research by conducting field interviews with the Class II B Ende Prison and its Correctional Assisted Citizens, then conducting a study of literature materials by reading, studying, studying, and analyzing literature to develop an assessment related to the title of this thesis. The results of the study show that the impact caused by overcapacity affects the comfort of WBP due to congestion in residential spaces, affects the psychological well-being of WBP, the difficulty of WBP obtaining access to coaching in the independence development program, and also affects the level of security of WBP and Prison Officers, to overcome that the Class II B Ende Prison makes efforts by implementing matters related to regulations on coaching that stated in Law No. 22 of 2022 concerning Corrections, optimizing the effectiveness of alternative criminal penalties other than prison sentences and evaluating and continuing to develop coaching programs in prisons.]]>
<![CDATA[Pertanggungjawaban Pidana Bagi Anggota Militer Yang Melakukan Tindak Pidana Penganiayaan Secara Bersama-Sama Yang Mengakibatkan Luka Berat di Wilayah Hukum Pengadilan Militer III-15 Kupang : Studi Putusan Nomor 17-K/PM.III_15/Al/2023 ]]>
<![CDATA[Andini Zaskia Karim]]>;
<![CDATA[Daud Dima Tallo]]>;
<![CDATA[Heryanto Amalo]]>
<![CDATA[ Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): Oktober : Mahkamah:Jurnal Riset Ilmu Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/mahkamah.v1i4.220
<![CDATA[This study aims to find out and analyze criminal liability for military members who commit criminal acts of persecution together that result in serious injuries in the Jurisdiction of the Military Court III-15 Kupang. This research uses an empirical juridical approach, which is research whose data is obtained through efforts to investigate the reality in social life. The results of the study show that criminal liability in the Crime of Persecution committed by Military Members against civilians is resolved according to military disciplinary sanctions, namely temporary detention and administrative sanctions, and is also resolved by criminal sanctions, namely the Defendants are subject to 351 paragraph (2) Jo Article 55 paragraph (1) to 1 of the Criminal Code with a prison sentence of Defendant-1 for 1 (one) year and 2 (two) months, Defendant-2 for 10 (ten) months and Defendant-3 for 8 (eight) months is reduced as long as the Defendants are in temporary custody. The Judge's consideration in imposing a verdict on the criminal act of persecution against civilians based on decision number 17-K/PM. III_15/AL/2023 uses 2 (two) types of considerations, namely Juridical Balance, which is based on the indictment of the Military Inspector, the testimony of witnesses, the testimony of the defendants, and also the existence of several pieces of evidence, while the consideration of Non-Juridical considerations is based on matters that can be aggravated and things that can be mitigated.]]>
