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Implementasi Persidangan Elektronik Menurut Perma No. 04 Tahun 2020 pada Perkara Pidana Khusus di PN Kupang Kelas 1A Samantha Mutiara Basoeki; Simplexius Asa; A. Resopijani
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.v2i3.3325

This study aims to determine the implementation in electronic trials, to determine the impact of technical and substantive constraints on the quality and fairness of electronic trials, to find out whether electronic trials can uphold material truth in special criminal cases of child molestation. In data collection, the authors used interviews and informants. For data analysis techniques, the author uses qualitative descriptive analysis, which in this study uses the results of interviews with six (6) informants. From the results of the study, it can be said that the implementation of electronic trials according to PERMA No. 4 of 2020 in child molestation cases is no different from child molestation trials as usual, the trial procedures are the same as those contained in the Criminal Procedure Code which are different only the location of the parties concerned. The technical obstacles faced are communication network disruption, lack of infrastructure; and lack of human resources Substantive obstacles faced in electronic trials are: relatively closed trials; difficulty of proof; and the judge's difficulty in using the judge's conviction. The impact of technical and substantive constraints is that electronic trials become longer and judges cannot be sure that the evidence presented is legitimately seized. Electronic trials can uphold material truth as the Code of Criminal Procedure was created with the aim of obtaining material truth.

Pemberian Restitusi Terhadap Anak Sebagai Korban Tindak Pidana Kekerasan Seksual Berdasarkan Putusan Hakim di Pengadilan Negeri Atambua Irene Marlen Dira Tome; Simplexius Asa; A. Resopijani
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1505

Along with the development of criminal acts more prevalent time occurs not only adults but also children can also be perpetrators and victims of criminal acts. This is because every child has a different condition from adults, children have physical and mental immature and are very easily influenced by other parties. Forms of legal protection from the government for children who are victims of criminal acts include compensation, compensation, and restitution. Restitution is the payment of compensation charged to the perpetrator based on a court decision with permanent legal force for material and/or immaterial losses suffered by the victim/his heirs. In this writing, the main focus will be restitution. Based on the case, the researcher formulated the main problems, namely: (1) How is the process of giving restitution to children as victims of sexual violence based on the decision of the judge in the Atambua District Court? (2) What are the supporting and inhibiting factors in the process of giving restitution to children as victims of sexual violence based on the decision of the judge in the Atambua District Court? This study uses empirical legal research methods that researchers conduct interviews with the parties concerned. Aspects of the study examined the process of restitution and the factors supporting and inhibiting the application of restitution. The results found that: (1) in terms of efforts to fulfill the right of restitution to children victims of sexual violence, law enforcement officers and victims have a role in pursuing the right of restitution. The investigator and the public prosecutor are obliged to inform the victim about the rights obtained by the victim. The victim can apply for restitution which can be done during the investigation process, prosecution, or after a decision with permanent legal force is read. (2) there are two factors that become obstacles in its implementation, namely legal factors and community factors.

Tinjauan Yuridis Mengenai Sanksi Terhadap Pelaku Pemasungan Orang Dengan Gangguan Jiwa (ODGJ) Maria Fatmawati F Taimenas; Simplexius Asa; A. Resopijani
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.350

Confinement still often occurs until now, especially to people with mental disorders (ODGJ), but ODGJ have the same rights as normal people in general. Some of their rights are the right to be free from torture or cruel treatment, free from exploitation and free from violence. Therefore, the act of shackling is not in accordance with our positive law. The main problems of this research are: (1) How is the juridical review of sanctions against perpetrators of shackling people with mental disorders (ODGJ)? (2) How is the ideal arrangement related to legal protection of victims of shackling people with mental disorders (ODGJ)? This research is a normative research using library research techniques and the results of this research are analyzed qualitatively.This research found several things: (1) The juridical review of the provisions of criminal sanctions for perpetrators of shackling people with mental disorders (ODGJ) has not been regulated in detail in Law Number 18/2014 on Mental Health. However, it is related to Article 333 of the Criminal Code on Deprivation of Independence, where individuals who act to confine or perpetrators of shackling can be subject to criminal sanctions in the form of 8 years imprisonment with the element of intentionally depriving someone of their freedom or acting unlawfully, a maximum of 9 years imprisonment if the action causes serious injury, and 12 years imprisonment if the victim dies. (2) The ideal arrangement related to the legal protection of victims of ODGJ confinement has been regulated in Law Number 18 Year 2014 on Mental Health which ensures that everyone has a high quality of life, mental health, free from stress, and other conditions that exacerbate mental problems. In Article 4 paragraph 1 of the Mental Health Law, legal protection of ODGJ as victims of confinement in stocks is carried out through several actions, namely: promotive, preventive, curative and rehabilitative.

Proses Penyelesaian Perkara Pelanggaran Lalu Lintas Yang Dilakukan Oleh Prajurit TNI-AD di Wilayah Hukum Pengadilan Militer III-15 Kupang Morynda Livia Ester Kadek; Simplexius Asa; A. Resopijani
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 5 (2024): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i5.438

A traffic violation is an act or action carried out by a person driving a motorized vehicle or a pedestrian which is contrary to the laws and regulations in the field of traffic and road transportation. Therefore, traffic management and engineering is needed so that every motorized vehicle user has regulations in traffic so that they understand the use of road directions and lanes and the law is a guide to the rules and regulations of a society and must be obeyed. The main problems in this research are: (1) What is the process for resolving traffic violation cases committed by TNI-AD soldiers in the Legal Area of Military Court III-15 Kupang? (2) How are criminal sanctions imposed on TNI-AD soldiers who commit traffic violations in the Legal Area of Military Court III-15 Kupang?. 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 road traffic violations committed by the TNI-AD was examined using a rapid examination process based on Law Number 31 of 1997 concerning Military Justice and Law Number 22 of 2009 concerning Traffic and Transport Roads. (2) The criminal sanctions imposed on the TNI-AD who commit traffic violations are fines and imprisonment.

Pemberian Restitusi Terhadap Anak Sebagai Korban Tindak Pidana Kekerasan Seksual Berdasarkan Putusan Hakim di Pengadilan Negeri Atambua Irene Marlen Dira Tome; Simplexius Asa; A. Resopijani
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1505

Along with the development of criminal acts more prevalent time occurs not only adults but also children can also be perpetrators and victims of criminal acts. This is because every child has a different condition from adults, children have physical and mental immature and are very easily influenced by other parties. Forms of legal protection from the government for children who are victims of criminal acts include compensation, compensation, and restitution. Restitution is the payment of compensation charged to the perpetrator based on a court decision with permanent legal force for material and/or immaterial losses suffered by the victim/his heirs. In this writing, the main focus will be restitution. Based on the case, the researcher formulated the main problems, namely: (1) How is the process of giving restitution to children as victims of sexual violence based on the decision of the judge in the Atambua District Court? (2) What are the supporting and inhibiting factors in the process of giving restitution to children as victims of sexual violence based on the decision of the judge in the Atambua District Court? This study uses empirical legal research methods that researchers conduct interviews with the parties concerned. Aspects of the study examined the process of restitution and the factors supporting and inhibiting the application of restitution. The results found that: (1) in terms of efforts to fulfill the right of restitution to children victims of sexual violence, law enforcement officers and victims have a role in pursuing the right of restitution. The investigator and the public prosecutor are obliged to inform the victim about the rights obtained by the victim. The victim can apply for restitution which can be done during the investigation process, prosecution, or after a decision with permanent legal force is read. (2) there are two factors that become obstacles in its implementation, namely legal factors and community factors.

Faktor-Faktor Penghambat Penyidikan terhadap Tindak Pidana Perdagangan Orang (Human Trafficking) di Polres Timor Tengah Selatan Emma Frederika Lakapu; Renny Rebeka Masu; A. Resopijani
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1558

This study aims to find out and analyze the factors that hinder the investigation of human trafficking in South Central Timor. This research is an empirical legal research supported by a qualitative approach using primary data in the form of interviews and secondary data in the form of information, literature studies, literature books, documents, laws and regulations, and other written sources related to research collected using interview techniques, literature studies and documentation studies that are analyzed in a qualitative descriptive manner. The results of the study show that (1) Police Actions in the Eradication of Trafficking in Persons by the South Central Timor Resort Police include, Pre-emptive Actions and Preventive Measures and Repressive Actions. (2) Efforts Made to Overcome Obstacles in the Investigation Process for the Crime of Trafficking in Persons, namely the first effort, carried out persuasively, the second effort, the police make efforts by convincing using words and the third effort, the police give advice to the victim's parents to keep their children, especially their daughters, more strictly, (3) The role of the Manpower and Transmigration Office of South Central Timor Regency in Handling the Crime of Trafficking in Persons and the Role of Local Governments in Supporting the Overcoming of Persons is to increase public understanding of the procedures and mechanisms for working out, both between regions and between countries.

Pertimbangan Hakim dalam Putusan Kekuatan Hukum Sertifikat Hak Milik Tidak Mengikat di Pengadilan Negeri Kupang Elfianus Parianto; Simplexius Asa; A. Resopijani
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.v6i2.1971

The purpose of this study is to determine the judge's considerations in issuing a decision stating that the certificate of ownership does not have binding legal force and the legal consequences of the decision stating that the certificate of ownership does not have binding legal force based on the initial survey conducted by the researcher, it was found that the lawsuit was filed after 5 years had passed. This study uses normative legal research with a case study (case approach). Data collection uses literature studies. Data collection and processing procedures are carried out using qualitative legal analysis. The results of the study indicate that the requirements for a certificate of ownership that does not have legal force that are often violated are the lack of good faith in obtaining the land. Meanwhile, violations of the requirements for land that is not directly or indirectly controlled by the owner, although related to other requirements, do not mean that the Certificate of Ownership has strong legal force. This is because of the requirements of Article 32 paragraph 2 of Government Regulation Number 24 of 1997 concerning land registration. There are several legal consequences. These legal consequences can be divided into two types, namely legal consequences that apply retroactively or backward and legal consequences that apply forward. As well as the legal consequences and in substance, these legal consequences are in line with the form of achievement in contract law as regulated in Article 1234 of the Civil Code.

Wewenang Kepolisian dalam Melakukan Penyidikan terhadap Kasus Pencurian Motor di Polsek Kelapa Lima Venti Jayantri Uly; Simplexius Asa; A. Resopijani
JISPENDIORA Jurnal Ilmu Sosial Pendidikan Dan Humaniora Vol. 4 No. 2 (2025): Agustus: Jurnal Ilmu Sosial, Pendidikan Dan Humaniora (JISPENDIORA)
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/jispendiora.v4i2.2391

Motorcycle theft crimes can occur anywhere. Not only in big cities, but also in small cities, especially Kupang. Various efforts have been tried to reduce crime, but it still occurs frequently but with lower intensity. The incomplete handling of motorcycle theft cases by the police will actually have a negative impact, including weak law enforcement, public apathy towards the law, unrest among members of the motorcycle owner community, increased opportunities for similar crimes, and the worsening image of the police in society. The method used in this study is empirical research with interview techniques and document studies, then analyzed and compiled systematically. The results of the study indicate that the Police Authority in Handling Motorcycle Theft Cases and Constraints in Handling Motorcycle Theft Cases are the Community is less responsive in reporting, Difficulty finding evidence and High mobility of perpetrators Efforts to reduce motorcycle theft crimes that occur are by increasing the readiness of police officers in following up on reports that there have been crimes of motor vehicle theft which must be supported by information from the community, so that they are faster and more in revealing motor vehicle theft crimes And it must be further improved to make appeals and socialization to the community about the capture of motor vehicle theft and avoid the community to increase vigilance.

Tinjauan Yuridis Terhadap Praktek Kawin Tangkap Menurut Hukum Adat Yang Berlaku Di Sumba Barat Daya Dorkas Inya Karere; Simplexius Asa; A. Resopijani
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 1 No. 4 (2024): Agustus : 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.v1i4.293

Arrest Marriage is a marriage process that is carried out by force, Capture Marriage is carried out by kidnapping the bride, kidnapped to become a wife. The captive marriages that are taking place now are not the custom of Southwest Sumba, especially the Kodi area. Based on the results of research in Limbu Kembe Village, (1) What is the philosophy of the practice of catch marriage according to customary law in force in Southwest Sumba? (2) What is the process for resolving the practice of catch marriage according to customary law in force in Southwest Sumba? The research method used in this research is normative research, namely research that is based on applicable legal regulations by examining various applicable laws and regulations related to the problem under study. Based on the results of the research and discussion, it can be concluded that the current practice of captive marriage is not the tradition/culture of Southwest Sumba, especially the Kodi area, but rather the practice of captive marriage which has developed by hiding behind cultural claims in order to avoid legal action.

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