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All Journal Journal of Administrative and Sosial Science (JASS) Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Jurnal Hukum dan Sosial Politik Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Debi F. Ng. Fallo
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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

Abstract

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.
Upaya dan Hambatan dalam Penanggulangan Kejahatan Pembuangan Bayi di Kabupaten Manggarai Petronela Yelita Engkot; Karolus Kopong Medan; Debi F. Ng. Fallo
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : 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.v2i3.3537

Abstract

The purpose of this research is to analyze the efforts and obstacles in overcoming the crime of baby dumping in Manggarai Regency. This research is empirical research, which is research conducted directly in the field and carried out at the Manggarai Resort Police and the Office of Women's Empowerment and Child Protection (DP3A) of Manggarai Regency. Data collection techniques used interviews and document/literature studies. The data used were primary and secondary data. The results of the data processing were analyzed descriptively qualitative. The results of this study show that: (1) The efforts made by the Manggarai Resort Police and DP3A of Manggarai Regency in overcoming the crime of baby dumping are Repressive and Preventive efforts. (2) The inhibiting factors in the efforts to overcome the crime of baby dumping in Manggarai Regency are the difficulty in identifying the perpetrators of baby dumping, limited human resources, facilities and infrastructure, agencies that do not carry out their duties properly, community conditions.
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

Abstract

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.
Analisis Yuridis tentang Aktivitas Pembelian Bahan Bakar Minyak (BBM) di SPBU Menggunakan Jeriken untuk Dijual Kembali Ditinjau dari Undang-Undang Nomor 22 Tahun 2001 tentang Minyak dan Gas Bumi Sulastri Sonbai Feto; Rudepel Petrus Leo; Debi F. Ng. Fallo
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 2 (2024): Juni : 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.v2i2.1162

Abstract

Law Number 22 of 2001 concerning Oil and Gas that oil and gas business activities are divided into two, namely upstream business activities and downstream business activities. The activity of buying and selling fuel oil is usually in retail form which is put in a glass bottle with a liter size that will be sold to buyers who have previously been bought by sellers from gas stations where fuel oil (BBM) is one of the important elements in fulfilling the community's economy. Based on the initial observations of researchers, especially in Kupang City, retail fuel oil sellers cannot be calculated so much and usually, these retail fuel oil sellers sell in front along the road or in ordinary places, vehicles pass by by setting up mini kiosks or workshops. Therefore, researchers formulate the main problems, namely: (1) How is the implementation of legal regulations related to the act of purchasing fuel oil (BBM) at gas stations using jerry cans for resale in terms of Law Number 22 of 2001 concerning Oil and Gas? (2) What are the factors that hinder the police in handling the activity of purchasing fuel oil (BBM) using jerry cans at gas stations in terms of Law Number 22 of 2001 concerning Oil and Gas? This research is a research that uses the Empirical Juridical method. This research is a legal research conducted by researching regulations, primary data, documentation studies. The research aspects studied are Law Number 22 of 2001 concerning Oil and Gas, legal factors, law enforcement factors, facilities and facilities factors, community factors, buying and selling fuel oil, cultural factors. The results of the study found that: (1) Law Number 22 of 2001 concerning Oil and Gas in its implementation has not run well and is less firm against people who abuse fuel oil (BBM); (2) Factors that become obstacles for the police in handling fuel purchase activities are legal factors, law enforcement factors, facilities and facilities factors, community factors and cultural factors.
Legalitas Tindakan Aborsi (Abortus) Akibat Perkosaan Incest Ditinjau dari Hukum Pidana Adat di Wilayah Masyarakat Adat Kabupaten Timor Tengah Selatan Khusnul Khusy Pit’ay; Aksi Sinurat; Debi F. Ng. Fallo
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 4 (2024): Desember: Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i4.597

Abstract

The Timorese tribe has a pamali or prohibition not to be related or marry the same clan in one tribe or blood relations for people who are related by blood will be subject to customary sanctions by the traditional chief. The case of incest rape occurred in Nuapin Village, Fatumnasi District, South Central Timor Regency, this rape resulted in the victim experiencing an unwanted pregnancy by the victim and her family because the victim was pregnant with a child from her blood family which is prohibited in Timorese customary law, so she chose to have an abortion. Law No. 36 of 2009 concerning health and its Implementing Regulations excludes the act of abortion due to rape even though it is prohibited in the Criminal Code. In this case, the act of abortion is carried out as a result of incest rape and will be reviewed based on customary criminal law. The type of research used in this study is empirical research with a sociological juridical approach, namely field research whose object is about events and phenomena that occur in society. Data collection was carried out with two events, namely interviews with 4 people and literature studies. The data obtained were then presented in a qualitative descriptive manner. The results of this study show that: (1) The existence of criminal law prohibits the legalization of abortion due to incest rape, abortion is only allowed in emergency medical conditions in accordance with Law Number 36 of 2009 and Government Regulation Number 61 of 2014. (2). The legality of customary criminal law for abortion due to incest is carried out in Nuapin Village because it is considered to violate customary and pamali law.
Pertanggungjawaban Pidana Pemilik Hewan Peliharaan Terhadap Terjadinya Kecelakaan Lalu Lintas Dijalan Umum Hendrikus Charly Cransen Senin; Jimmy Pello; Debi F. Ng. Fallo
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.v6i2.1973

Abstract

Pets are animals kept by humans that must be cared for, looked after and have their living needs met and have a proper place. Negligence or neglect in the care of pets by pet owners is a form of error in criminal law as a result of someone's lack of care, resulting in something accidentally happening. So the author conducted this research with the aim of: (1) To find out whether pet owners whose negligence in looking after their pets cause traffic accidents on public roads can be punished. (2) To find out how the law provides sanctions for pet owners who are negligent in looking after their pets, causing traffic accidents on public roads and causing injuries and even death. The type of research used by the author is normative legal research. In this research, the sources of legal materials used by the author are primary legal material sources, secondary legal material sources, and tertiary legal material sources. The technique for collecting legal materials uses library research and then analyzed qualitatively. The findings specifically show that the regulations governing improper care of pets which cause traffic accidents on public roads are still subject to vague norms, so regulations are needed that regulate in more detail by referring to existing rules. Then there is the concept of criminal liability norms for pet owners who must fulfill the elements that constitute a causal offense, so that criminal liability can be sought through restorative justice and litigation.
Tinjauan Yuridis terhadap Pertimbangan Majelis Hakim dalam Memutus Perkara Pidana Persetubuhan Anak: (STUDI : Putusan N0. 80/PID.SUS/2023/PN KPG) Jafrai Musa Robo; Heryanto Amalo; Debi F. Ng. Fallo
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.v4i2.2390

Abstract

A child is defined as a person who is not yet an adult or a person who is still under the supervision of a parent or guardian. In Indonesia, regulations regarding child protection have been issued according to the needs of the community. One of the sexual violence that occurred in Sabu Raijua Regency was the crime of sexual intercourse with a child, namely in Decision Number 80/pid.sus/2023/PN Kupang. The threat of criminal penalties for perpetrators of the crime of sexual intercourse with a child has been regulated in Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. This research method uses normative legal research which is carried out by examining primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection technique used is library research. Based on the results of the research and discussion, that the basis for the consideration of the panel of judges in deciding the criminal case of child sexual intercourse (study: decision No.80/pid.sus/2023/PN Kpg is by considering legal and non-legal considerations. legal considerations are the indictment of the public prosecutor, the demands of the public prosecutor, the testimony of the victim's witness, the instructions and the testimony of the defendant. and non-legal considerations are seen from the psychological, philosophical, sociological aspects and the Circular of the Supreme Court No. 1 of 2017 concerning the Enforcement Formulation of the Results of the Supreme Court Chamber Plenary Session as a guideline for implementing tasks for the Court regarding the imposition of minimum sentences on perpetrators of child and adult crimes but the victims are children.
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

Abstract

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
Co-Authors Hendrikus Charly Cransen Senin Heryanto Amalo Jafrai Musa Robo Karolus Kopong Medan Khusnul Khusy Pit’ay Maria Graciana Erlan Jaja Maria Sonia Savike Pinto Orpa G. Manuain Pello, Jimmy Petronela Yelita Engkot Rudepel Petrus Leo Sinurat, Aksi Sulastri Sonbai Feto Veronika Niken Larantukan