Garuda - Garba Rujukan Digital

Analisis Yuridis terhadap Tindak Pidana Penganiayaan yang Mengakibatkan Cacat Permanen di Kabupaten Sikka : (Studi Kasus Putusan Nomor: 26/Pid.B/2022/PN.Mme) Theresia Edelweis Putri Nurak; Aksi Sinurat; Orpa G. Manuain
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.v2i2.2867

In Decision Number: 26/Pid.B/2022/PN.Mme regarding abuse which resulted in permanent disability, the panel of judges only imposed a criminal sentence on the defendant with a prison sentence of 9 months. The problem to be studied is the basis for the consideration of the Panel of Judges and the imposition of the crime. This research aims to find out the basis for the judge's considerations and the imposition of crimes against perpetrators of abuse. The benefits of this research are theoretical and practical benefits. The type of research that will be used in this writing is a normative legal study. The types of research approaches used include the statutory approach, case approach, conceptual approach and comparative approach. The data sources used in this research use two data sources, namely primary legal materials and secondary legal materials. Whether or not the judge's decision is in accordance with the criminal act charged by the Public Prosecutor, the judge must consider aspects, namely juridical, philosophical and sociological aspects. The sentence imposed on perpetrators of torture is a maximum prison sentence of 5 years, in accordance with the contents of Article 351 paragraph (2) of the Criminal Code. The judge did not take into account the juridical, sociological and philosophical aspects as a basis for consideration in making decisions regarding Decision Number: 26/Pid.B/2022 /PN.Mme. The actual criminal sentence against the defendant is a maximum imprisonment of 5 (five) years), as stated in Article 351 paragraph (1) of the Criminal Code which states "If the action results in serious injury, the guilty person is threatened with a maximum prison sentence of five years".

Tinjauan Yuridis Tentang Tindak Pidana Penipuan dan Penggelapan Berkedok Investasi Online (Bitcoin) : (Studi Kasus Putusan PN Kupang Nomor 129/Pid.B/2021/PN. Kpg Jo Putusan PT Kupang Nomor 143/Pid/2021/PT Kpg Jo Putusan MA Nomor 422 K/Pid/2022) Maria Graciana Erlan Jaja; Debi F. Ng. Fallo; Orpa G. Manuain
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.v2i2.2891

Fraud through the internet or online-based fraud is a crime that is rife today. The increasing use of the internet turns out to open up greater opportunities for fraudsters to get money or profit from the internet. Transact in online investment activities using exchange in the form of electronic money (bitcoin). With this virtual money, now business transactions can be carried out without involving intermediaries such as banks. The main problem in this study is what is the form of fraud and embezzlement in online investment (BITCOIN) based on Kupang District Court Decision Number 129/Pid.B/2021/PN. Kpg Jo Kupang High Court Decision Number 143/Pid/2021/PT Kpg Jo Supreme Court Decision Number 422 K/Pid/2022 and whether the court decision against fraud and embezzlement under the guise of online investment (BITCOIN) is fair to the victim. This research is a normative legal research that examines based on existing decisions, laws and regulations, legal theories and opinions of scholars. The results of this study show that (1) there are two forms of criminal acts that researchers found in the verdict, namely fraud and embezzlement. (2) the aspect of justice contained in the decision that it is not fair to the victim based on the laws and regulations and criminal sanctions given to the accused. Therefore, suggestions for the results of this study are (1) It is recommended that local governments that have duties and responsibilities in solving these problems can pay attention to the application of criminal sanctions.

Peranan Pembimbing Kemasyarakatan Dalam Sistem Peradilan Pidana Anak di Wilayah Hukum Balai Pemasyarakatan Kelas II Kupang Maria Sonia Savike Pinto; Orpa G. Manuain; Debi F. Ng. Fallo
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 3 (2024): Agustus : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i3.1285

Community Advisors are professional officers who work under the Ministry of Law and Human Rights, especially in the Directorate General of Corrections. They are in charge of providing guidance, counseling, and assistance to inmates and correctional clients, including children who are facing the law. The Roles and Responsibilities of Community Advisors are: legal and social assistance, rehabilitation and reintegration, individual and family counseling, supervision and evaluation, coordination with relevant institutions, reports and documentation. Community guidance has a central role in ensuring that children involved in the criminal justice system receive the support they need to reintegrate properly into society. The purpose of this study is to find out what the role of community guidance is and what are the obstacles experienced by community supervisors in handling children who are facing the law. The research method used is an empirical juridical research The results of the study show that: (1) The role of community supervisors is very significant in supporting the implementation of SPPA in Bapas Class II Kupang. They not only act as facilitators in the rehabilitation process, but also as mentors and supporters for children in the criminal justice system. Community counselors are actively involved in developing rehabilitation programs that are tailored to the individual needs of children, providing counseling services, and assisting in the formation of social skills and life skills necessary for reintegration into society. (2) The main obstacles faced by community advisors include limited resources, such as inadequate budgets, and high workloads due to the number of cases exceeding the capacity of employees handling ABH cases. In addition, the obstacles to coordination with related agencies, including judicial institutions, police, and social services, are also a significant challenge, hindering the implementation of integrated rehabilitation program.

Tinjauan Yuridis Tindak Pidana Penyuapan oleh Pengusaha di Timor Tengah Utara Kepada Ketua Lembaga Swadaya Masyarakat dalam Tindak Pidana Korupsi Proyek Pembangunan Jalan Nona Manis di Kecamatan Biboki Anleu Leonora Mathilda Safe; Bhisa Vitus Wihelmus; Orpa G. Manuain
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i3.100

This research is empirical juridical, with the aim of finding out the qualifications for regulating criminal acts of bribery committed by the head of a Non-Governmental Organization and to find out the criminal responsibility. The expected benefit of this research is that it can provide knowledge, can be an accurate source and become a reference for similar research. regarding the discipline of Criminal Law, especially Anti-Corruption Education.This result shows that the qualification of the regulation of criminal acts in the case of the chairman of the Non-Governmental Organization is contained in Article 23 of Law Number 31 of 1999 concerning the Eradication of Corruption and other criminal acts related to corruption. then the proof of the article of other criminal acts related to corruption, of which there are three articles that do not have to be accompanied by state losses. If it is connected with the Decision of the Constitutional Court Number 25 of 2016 specifically Article 2 and Article 3, the name of which is a formal offense to a material offense, it is mandatory that there must be state losses. But specifically Article 21, Article 22 and Article 23, the proof of his actions does not have to be a state loss because the qualification of the crime is a formal crime, not a material crime, so the change in mindset of the regulation and qualification of the crime in Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption from formal to material is only for Article 2 and Article 3. Criminal liability of the General Chairperson of the Anti-Corruption People's Alliance (ARAKSI) for committing a criminal act, with the existence of an unlawful act seen from the qualification of the regulation of the criminal act, then violating Article 23 of Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption

Tinjauan Yuridis terhadap Keadilan Restoratif dalam Pidana Penyelesaian Perkara di Kepolisian Resort Kota (Polresta) Kupang Siprianus Damai Nar; Simplexius Asa; Orpa G. Manuain
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 4 (2024): November : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i4.1528

Restorative justice is often understood as a form of approach in resolving a criminal case involving the perpetrator, victim, and other parties such as family, or the community and does not focus on imprisonment, but rather on restoring the victim's condition after the crime has occurred. The Indonesian government has implemented restorative justice in the criminal justice system. Explicitly, restorative justice is stated in Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System and Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice, recorded in the State Gazette of the Republic of Indonesia in 2021 Number 947. This study aims to determine the model of approach and inhibiting factors in the application of restorative justice in resolving criminal cases. This research is an empirical legal research. The data collection technique was by interviewing informants, and the data analysis used was qualitative analysis. The results of the study show: (1) The restorative justice approach has been implemented at the Kupang City Police by paying attention to values and based on the Pancasila ideology. (2) The implementation of restorative justice in the police is carried out in two models, namely victim offender meeting and Conferencing. (3) the implementation of restorative justice in the police found 3 inhibiting factors, namely legal factors, law enforcement factors themselves and community factors.

Tinjauan Yuridis Terhadap Keadilan Restoratif Dalam Pidana Penyelesaian Perkara di Kepolisian Resort Kota (Polresta) Kupang Siprianus Damai Nar; Simplexius Simplexius; Orpa G. Manuain
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.v1i4.172

Restorative justice is often understood as a form of approach in resolving a criminal case involving the perpetrator, victim, and other parties such as family, or the community and does not focus on imprisonment, but rather on restoring the victim's condition after the crime has occurred. The Indonesian government has implemented restorative justice in the criminal justice system. Explicitly, restorative justice is stated in Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System and Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice, recorded in the State Gazette of the Republic of Indonesia in 2021 Number 947. This study aims to determine the model of approach and inhibiting factors in the application of restorative justice in resolving criminal cases. This research is an empirical legal research. The data collection technique was by interviewing informants, and the data analysis used was qualitative analysis. The results of the study show: (1) The restorative justice approach has been implemented at the Kupang City Police by paying attention to values and based on the Pancasila ideology. (2) The implementation of restorative justice in the police is carried out in two models, namely victim offender meeting and Conferencing. (3) the implementation of restorative justice in the police found 3 inhibiting factors, namely legal factors, law enforcement factors themselves and community factors.

Penegakan Hukum terhadap Tindak Pidana Penipuan terhadap Konsumen dalam Usaha Jual Beli Online di Kota Kupang Intan Andreaningrum Kadja; Thelma S.M Kadja; Orpa G. Manuain
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.v3i3.3894

Legal protection against fraud against consumers in online business has been regulated in the Criminal Code Articles 378 and 379 and Article 28 paragraph (1) jo. Article 45 paragraph (2) of the ITE Law regulates false news that results in consumer losses in Electronic Transactions. This research is a research that uses an empirical approach method, namely an approach based on the type of data and data analysis. The results of this study found (1) Law enforcement against criminal acts of fraud against consumers in the online buying and selling business in Kupang City runs based on existing legal rules, namely both the Criminal Code and the ITE Law, namely Article 378 of the Criminal Code and Article 28 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. (2) Efforts to protect consumers in criminal acts of fraud on e-commerce sites in Kupang City are preventive efforts to prevent the occurrence of such criminal acts. Then repressive efforts to provide criminal sanctions in accordance with applicable regulations. This effort can be done by the way victims can report criminal acts of fraud by visiting law enforcement agencies for further processing.

Dampak Hukum Serta Alasan Masyarakat Mempertahankan Tradisi Molas Kole terhadap Perempuan Pelaku Persinahan di Kabupaten Manggarai Barat Kristoforus Adan Daman; Rudepel Petrus Leo; Orpa G. Manuain
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 3 (2024): September : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i3.444

The purpose of this research is to analyze the legal impact and reasons for the community to maintain the Molas Kole tradition against women who commit adultery in West Manggarai Regency. The type of research used by researchers in conducting this research is empirical research translated by legal research complemented by empirical data. The results show that the legal impact of the Molas Kole Teradition is also very large. In addition to the impact on women on children, and the impact of this one customary law also has an impact on the family. The reason for the community to maintain this tradition is also irrelevant because when maintaining a customary crime which in its resolution has many losers, this custom can no longer be used as a way out in solving problems in society. The holding of this Customary Law Tradition is also contrary to church law, because many perpetrators of the Molas Kole tradition separate themselves from their husbands or wives and remarry without being known by the church, so that it will cause new problems that can ensnare the two perpetrators and even the family will also be involved.

Analisis Yuridis atas Putusan Praperadilan Kasus Korupsi Eks Wamenkumham oleh Hakim Pengadilan Amos Aldy Bessie; Reny R. Masu; Orpa G. Manuain
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.v6i2.2090

Corruption is one of the serious problems currently being faced by many countries in the world, including our country Indonesia. Not only does it harm the country's economy, corruption has also been proven to hinder the development of a country and create social injustice. This study aims to determine the basis for the judge's considerations in granting a pretrial motion by the former deputy minister of law and human rights and than the judge's decision related to the determination of the suspect in the pretrial motion. The method used in this study is normative legal research with a Legislation approach, Conceptual Approach, and Case Approach. The data collection technique used is library research, the data is collected and then analyzed using descriptive qualitative analysis. The results of the study show that the basis for the judge's considerations in the pretrial motion decision on the Eddy Hiariej case shows the judge's tendency to focus more on formal aspects than material aspects. The judge's decision in granting a pretrial motion, especially in corruption cases such as the Eddy Hiariej case, the judge should not limit his considerations only to the due process of law aspect which emphasizes procedural accuracy. However, on the other hand, judges are also required to pay attention to the dimensions of the crime control model, which emphasizes the effectiveness of eradicating crime, as well as the principle of substantive justice, which demands justice based on material truth.

Tinjauan Yuridis Putusan Hakim Atas Perkara Pidana Persetubuhan Yang Dilakukan Oleh Anak : (Studi Putusan Nomor 32/Pid.Sus-Anak/2022/Pn Lahat) Veronika Niken Larantukan; Debi F. Ng. Fallo; Orpa G. Manuain
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.v1i4.239

Crimes against children that are rampant today are immoral crimes, namely sexual intercourse. In several cases of criminal acts of intercourse against children, there are often differences between the laws and regulations and the application of the law in the judge's decision. The research method used is Normative formulation of the problem as follows: (1) What is the basis of the judge's legal considerations in imposing punishment on child perpetrators of the crime of sexual intercourse in decision number: 32/Pid.Sus-Anak/2022/PN Lahat? (2) Is the judge's decision fair for child victims of the crime of sexual intercourse in decision number: 32/Pid.Sus-Anak/2022/PN Lahat?. The results showed that: (1) The basis of the judge's consideration includes juridical and non-juridical considerations. Juridical considerations include: 1) The indictment of the public prosecutor 2) Witness testimony 3) Statement of the defendant 4) Evidence 5) Articles charged. Non-juridical considerations, which are the basis for the judge's consideration, have 2 (two)categories, namely: Philosophical aspects include: a)The nature of the criminal offense (whether it is a serious or minor criminal offense), b)The threat of punishment for the criminal offense, the circumstances and atmosphere at the time of committing the criminal offense (which provide and alleviate), c)The defendant's personality whether he is a criminal who has been repeatedly convicted or a criminal for this one time only, unwritten law and the values that live in society, b) Taking into account the presence or absence of peace, guilt, the role of victims, c) Community factors, namely the environment where the law applies or is applied, d) Community factors, namely the environment where the law applies or is applied, e) Cultural factors, namely as a result of the work of creation and taste based on human spirit

Title

Found 10 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 10 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 10 Documents
Search