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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Hukum dan Sosial Politik Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Pemuliaan Keadilan
Darius Antonius Kian
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Peran Kepolisian Resor Sikka dalam Mengurangi Kasus Pencurian Kendaraan Roda Dua di Kota Maumere Maria Felisitas Isna Lodang; Adrianus Djara Dima; Darius Antonius Kian
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.v2i2.2912

Abstract

The objectives of this research are: 1. To determine the role of the Sikka resort police in reducing cases of two-wheeled vehicle theft in the city of Maumere. 2. To find out the factors that hinder the success of the Sikka resort police in reducing cases of two-wheeled vehicle theft in the city of Maumere. The type of research used by researchers is empirical legal research. It is oriented towards primary data (field research results). The results of the research show that 1. The Sikka Resort Police carries out various important roles, namely: receiving complaints from the public, carrying out investigations, which are then followed by delegation files to the public prosecutor to be forwarded during the examination of the case in court. In their preventive role, the Sikka Resort Police do this by holding activities such as certain operations, selective raids, guarding, police patrols and routine patrols. Meanwhile, the repressive role of the Sikka Resort Police takes action jointly with the prosecutor's office and the court in imposing criminal sanctions. 2. Factors that hinder the Sikka Resort Police in dealing with criminal acts of motor vehicle theft include the public being late in reporting, the perpetrator running away, the reporter not knowing who committed the theft, the reporter having no witnesses, evidence (no CCTV), vehicle without keys, lack of evidence and evidence, difficulties when searching for lost vehicles because they are still carrying out manual checks.
Penerapan Hukum Pidana terhadap Tindak Pidana dalam Pelayanan Angkutan Laut di Pelabuhan Bolok Kupang ditinjau dari Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran Maria Phlisia Wulandari Modo; Heryanto Amalo; Darius Antonius Kian
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 2 (2024): Mei : 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.v2i2.1075

Abstract

The purpose of this research is to determine the Conformity of the Application of Criminal Law at Bolok Port Kupang with Law Number 17 of 2008 concerning Shipping and inhibiting factors in the application of criminal law at Bolok Port Kupang. The type of research used is empirical legal research, the source and type of data in this study are primary data obtained from interviews at Bolok Port Kupang (PT. ASDP Kupang Branch) and secondary data were obtained from literature studies, then processed by examining and correcting and then analyzed in a qualitative descriptive manner. Based on the results of research and discussion, it can be concluded that: The application of criminal law Article 40, Article 41, Article 42, Article 132 of Law Number 17 of 2008 concerning Shipping at Bolok Port Kupang is not suitable because there is still an overload, insurance that only covers the occurrence of a ship accident that results in the death / injury of passengers but does not cover delays in loading passengers and delays in crossing, lack of facilities both on board and at the port and sailing carried out during bad weather resulting in the ship will return to port, which will greatly harm passengers because it interferes with the comfort and safety of passengers. The inhibiting factor so that the application of criminal law at Bolok Port Kupang has not been in accordance with Law Number 17 of 2008 concerning Shipping, namely public legal awareness, namely that there are still passengers who do not have tickets and many people often ignore their comfort to be able to board the ship which results in overloading. Lack of awareness of service providers such as not conducting counseling to (passengers), lack of facilities and no restrictions on ticket sales and information discrepancies.
Upaya Jaksa Selaku Eksekutor dalam Pengembalian Kerugian Keuangan Negara Hasil Tindak Pidana Korupsi: (Studi Kasus di Kejaksaan Negeri Kota Kupang) Louis Hangri Aldiano Dasilva; Rudepel Petrus Leo; Darius Antonius Kian
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): 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.v1i4.733

Abstract

The purpose of this research is to analyze the efforts of prosecutors as executors in recovering state financial losses resulting from corruption crimes. This research is an empirical legal research conducted at the Kupang City State Attorney's Office. The data collection technique uses observation, interview, and literature/document study techniques. The data used are primary and secondary data. This research was conducted in Kupang City. The results of data processing were analyzed descriptively qualitatively using the inductive method. Based on the results of research and discussion, it can be seen: (1) The efforts of the prosecutor as the executor at the Kupang City District Attorney's Office in recovering state financial losses due to corruption are four, namely, tracking, blocking, confiscation, seizure. (2) obstacles faced by prosecutors as executors in recovering state financial losses.
Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Penganiayaan oleh Anggota TNI yang Mengakibatkan Matinya Warga Sipil di Wilayah Hukum Pengadilan Militer III-15 Kupang Jundi Nur Wirawan; Rudepel Petrus Leo; Darius Antonius Kian
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : 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.v2i3.1501

Abstract

The purpose of this study is to analyze the causal factors and efforts to overcome the criminal act of persecution by members of the TNI which resulted in the death of civilians in the jurisdiction of Military Court III-15 Kupang. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions in every legal event that occurs in society. The results of this study show: (1) there are several factors that cause the persecution committed by members of the TNI which resulted in the death of civilians, namely the motive factor of the perpetrator, economic factors, and law enforcement factors. (2).The countermeasures taken consist of: Preemtiv efforts, Preventive efforts and Repressive Efforts. In accordance with the results of this study, it is hoped that we can appreciate the existence of the existing rule of law so that when an event occurs that relates to the rule of law, then we do not have to take the law into our own hands which will harm ourselves and others.
Model Penegakan Hukum Terhadap Kasus Korupsi Dana Pembangunan Puskesmas Waigete di Kecamatan Waigete Kabupaten Sikka Agustina Putri Patricia; Aksi Sinurat; Darius Antonius Kian
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.535

Abstract

This study uses empirical juridical research, which is research with field data as the main source of data, such as the results of interviews and observations, with the aim of analyzing and describing the law enforcement model for cases of corruption in the development funds of the Waigete Health Center. as well as identifying and analyzing factors that hinder law enforcement in the case of corruption of the Waigete Health Center development funds. The results of the discussion in this study show that, (1). The Waigete Health Center uses the Due Process Model which emphasizes the need to ensure that every individual has the right to be treated fairly and has access to an independent court including investigation, prosecution, and fair justice. and the right to appeal, but with strict legal procedures, this model slows down the process of resolving cases. The crime eradication process focuses more on the interests of the rights of suspects than on the public interest, so according to researchers in the process of resolving corruption cases, this model is not appropriate to use because it emphasizes justice and human rights but also has the potential to slow down the legal process. (2). The factors that hinder law enforcement in handling corruption cases of the Waigete Health Center development fund consist of two factors, namely internal factors, namely the lack of prosecutors who slow down the law enforcement process and reduce the effectiveness of case handling, and external factors, namely the slow examination process and the loss calculation process so as to hinder law enforcement.
Tinjauan Yuridis terhadap Tindak Pidana Ujaran Kebencian (Hate speech), : Kekerasan dan Pornografi dalam Game online Dari Undang-Undang Nomor 1 Tahun 2024 Sebagaimana Perubahan Ke-2 Atas Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik Margreth Thatcer Appah; Bhisa Vitus Wilhelmus; Darius Antonius Kian
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.v1i4.221

Abstract

The ease of access and availability of online game s on the internet opens up new opportunities as well as challenges. This challenge arises because not all online games are suitable for people to play. Many online games contain negative elements, such as violence, hate speech, and pornography. The provisions in Law No. 1 of 2024 on the Second Amendment to Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions are the main basis for countermeasures in cyberspace. The type of research the author uses is Normative Legal Research (library research). This research is also called a document study conducted by examining library and secondary materials, especially written regulations or other legal products. The results show that the rapid growth of online gaming has led to serious problems such as the spread of hate speech, bullying, and pornographic content. The lack of clarity in regulations makes it difficult to enforce the law against criminals in the online gaming realm. To overcome this problem, collaboration between various parties is needed, with an emphasis on increasing the capacity of law enforcement, developing digital forensic technology, improving regulations, and increasing legal awareness among the public.
Analisis Yuridis Penerapan Perlindungan Hukum dalam Melindungi Pengguna Layanan Internet Banking dari Cyber Crime Tri Nugraheni; Aksi Sinurat; Darius Antonius Kian
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 2 (2024): Juni: 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.v3i2.3715

Abstract

The purpose of this research is to analyze the juridical application of legal protection in protecting internet banking service users from cyber crime. This research is a type of empirical juridical research, or called field research, which examines the applicable legal provisions and what happens in the reality of society. Empirical juridical research is legal research on the enactment or implementation of normative legal provisions in action on every legal event that occurs in society. The results of this study show: (1) The implementation of legal protection provided by the East Nusa Tenggara Regional Development Bank has not been fully implemented properly because victims have not felt protected by the regulations implemented by the East Nusa Tenggara Regional Development Bank. (2) The responsibility of legal protection provided by the Regional Development Bank of East Nusa Tenggara is to follow up and examine complaints of problems of victims of cyber crime and will examine all transactions that occur and carry out legal protection responsibilities by providing assistance and reporting problems that occur to be followed up according to applicable laws and regulations. In accordance with the results of this study, it is hoped that there will be an increase in legal protection and a quick response to users of internet banking services and a form of legal protection that is specifically regulated to protect customers from increasingly widespread cyber crime.
Co-Authors Adrianus Djara Dima Agustina Putri Patricia Bhisa Vitus Wilhelmus Heryanto Amalo Jundi Nur Wirawan Louis Hangri Aldiano Dasilva Margreth Thatcer Appah Maria Felisitas Isna Lodang Maria Phlisia Wulandari Modo Rudepel Petrus Leo Sinurat, Aksi Tri Nugraheni