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Leo, Rudepel Petrus
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Journal : Petitum Law Journal

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IMPLEMENTASI HAK-HAK NARAPIDANA BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2022 SERTA HAMBATAN-HAMBATANNYA DI LEMBAGA PEMASYARAKATAN KELAS IIA KUPANG Napu, Papy Michael; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13349

Abstract

Implementation of the rights of correctional inmates is a continuous development effort. This lack of attention to the fulfillment of prisoners' rights is closely related to prisoner development and can result in a sub-optimal process of prisoner development which fails in the initial objectives of the Correctional System. The main problems in this research are: (1) How are prisoners' rights implemented in the Kupang Class IIA Penitentiary based on Law Number 22 of 2022 concerning Corrections? (2) What are the obstacles in implementing prisoners' rights at the Kupang Class IIA Penitentiary? This type of research is qualitative research using a juridical-empirical legal research approach, namely an approach carried out in the field by collecting information by observing and interviewing sources related to the research that will be discussed in this research which was carried out at the Class IIA Correctional Institution Kupang, East Nusa Tenggara Province. The results of this research show that: (1) The implementation of prisoners' rights in the Kupang Class IIA Correctional Institution based on Law Number 22 of 2022 concerning Corrections, in general, can be said to be good, but it still needs to continue to be improved starting from carrying out worship according to religion and trust, receive physical and spiritual care, education, teaching and opportunities to develop potential, health services, information services, counseling, and legal assistance, submit complaints, participate in mass media broadcasts, be treated humanely, receive work safety guarantees and receive social services and accepting and refusing visits and their implementation will continue to be implemented until the prisoner has finished serving his sentence. (2) Obstacles include, among others, a shortage of guard duty personnel, a lack of budget, and a shortage of health and education personnel, in terms of education itself there is no special intellectual officer, even in recruitment, up to now there has been no recruitment for teaching staff, especially intellectual education.
AKIBAT HUKUM BAGI NARAPIDANA YANG MELAKUKAN TINDAK KEJAHATAN DI DALAM LEMBAGA PEMASYARAKATAN KELAS IIA KUPANG SERTA UPAYA PENANGGULANGANNYA Hida, Dian J. A; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13359

Abstract

The Criminal Code (KUHP) regulates the sanctions that will be received if a crime is committed. Persecution is regulated in Articles 351 to 356 of the Criminal Code. The provisions of these articles regulate ordinary abuse, light abuse, planned abuse, serious abuse, planned serious abuse, and abuse of people of certain qualities as well as abuse in the form of participating in attacks or fights. regarding abuse between prisoners, especially in relation to legal sanctions, the author is interested in studying this matter more by conducting research for writing a thesis entitled "Legal Consequences for Prisoners Who Commit Crimes in the Kupang Class IIA Penitentiary and Efforts to Overcome Them." This research is empirical juridical legal research with the approach method used in this research, namely: (1) Empirical legal research (empirical juridical) (2) This research uses a case approach. The results of this research show that: (1) Every violation of order committed by a prisoner will be resolved first through a mediation process. However, if the impact of the fight results in serious injuries, the prison officers will hand them over to the authorities. The punishments or sanctions given by Prison Officers to Prisoners who violate the provisions of the regulations in force in correctional institutions: Providing warnings or warnings to Prisoners if the violation is considered a minor violation, Throwing each Prisoner whose violation is considered a serious violation into solitary confinement, Does not grant remission or conditional release to any prisoner who has repeatedly committed violations. (2) Efforts to overcome criminal acts in prisons are Preventive Efforts (Socializing Human Rights values, Providing a sense of justice to all prisoners, Increasing Supervision of Correctional Institutions) and Repressive Efforts (imposing sanctions in the form of disciplinary action by placing them in seclusion cells and being quarantined according to the specified time or other sanctions determined by prison regulations.
TINJAUAN KRIMINOLOGIS TERHADAP TINDAK PIDANA PERDAGANGAN ORANG (HUMAN TRAFFICKING) YANG TERJADI KELURAHAN ALAK, KECAMATAN ALAK, KOTA KUPANG Bakker, Lex Stevkri; Leo, Rudepel Petrus; Dima Tallo, Daud
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13369

Abstract

The state of Indonesia is a state of law, constitutionally the statement that Indonesia is a state of law is contained in Article 1 Paragraph (3) of the Constitution of the Republic of Indonesia year 1945 which reads: “the state of Indonesia is a state of law”. With the development of Indonesian society today, the law in Indonesia is also required to be more advanced. It aims to maintain a balance between humans and the rules that govern their behavior. One form of Norm deviation (community disease) that is considered a social problem is trafficking in persons (traiffiking). The issues raised are: (1) What are the factors behind the occurrence of trafficking in persons in Alak Village, District Alak Kupang City? (2) How is the Modus Operandi carried out in Alak Village, Alak District, Kupang City? (3) How are efforts made to prevent the occurrence of trafficking in persons in Alak Village, Alak District, Kupang City? This research is an empirical legal research conducted in the East Nusa Tenggara police. The results of data processing were analyzed descriptively qualitative using inductive method. As well as the provisions contained in the applicable laws and regulations, both contained in the law of the Republic of Indonesia number 21 of 2007 concerning the eradication of trafficking in Persons (PTPPO). The results of this study indicate: (1) The occurrence of trafficking in Persons in the Village of Alak, Alak District, Kupang, ranging from family problems (environment), education and economic needs. (2) the usual Modus operandi of the perpetrator of the crime of trafficking in persons, such as the lure of a large salary, getting a decent job, being placed without a competency test and promised an invalid employment contract but with an offer of a favorable employment contract for the victim. (3) the police have made efforts to prevent the occurrence of trafficking in Persons in Alak Village, Alak District, Kupang city which are preemptive, preventive and repressive.
TINJAUAN KRIMINOLOGIS TERHADAP PEMBUNUHAN ANAK OLEH PELAKU ORANG DENGAN GANGGUAN JIWA SECARA PERIODIK DI DESA NIRANGKLIUNG KABUPATEN SIKKA Anan, Maria Kasia; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13443

Abstract

The murder case was carried out by the accused Alosius Lada committing the murder of his nephew Veronika Viance. The main issue in this study is: (1) Are the factors causing the occurrence of murder of children by perpetrators of persons with mental disorders periodically in the village of Nirangkliung, Sikka district? (2) Can a person with a mental disorder committing murder be charged with criminal responsibility? (3) How did the police attempt to persecute the perpetrator of the murder of a child by a person with a mental disorder periodically in the village of Nirangkliung, Sikka district?. This research is empirical law research, which studies and analyzes data obtained from the research site. This research was conducted at the Resor Sikka police. Data processing was done with data obtained from both primary and secondary data and analyzed descriptively-qualitatively. The results of this study show that: (1) The causes of murder of children by perpetrators of people with mental disorders periodically include internal and external factors. Internal factors include revenge, mental/psychological disorder, emotional, and misunderstanding. External factors include environmental influences, and economic factors. (2) Criminal responsibility for the perpetrator of murder by a person with a mental disorder periodically covers Article 44 Paragraph (1) of the Covenant which reads: "Anyone who commits an act that is unacceptable to him because his soul is deficient in growth or disturbed by disease shall not be punished. (3) The attempt by the police to denounce the perpetrator of the murder of a child by a person with a mental disorder periodically constitutes a repressive attempt. In this case, the author suggests that such facilities and facilities as a psychiatric hospital in particular in Kabuparen Sikka are urgently needed. For the health service it is advised to give more socialization to the public about the dangers of a person with a mental disorder wandering in a community settlement.
FAKTOR PENYEBAB, FAKTOR PENGHAMBAT, DAN UPAYA PENANGGULANGAN TERHADAP TINDAK PIDANA PERJUDIAN SABUNG AYAM DI WILAYAH HUKUM KEPOLISIAN RESORT KUPANG KOTA Saekoko, Imri S; Leo, Rudepel Petrus; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13553

Abstract

The crime of gambling is a form of crime known as a victimless crime because usually the relationship between the perpetrator and the victim does not show any consequences. And as a result of that, the perpetrator feels comfortable with the crime he has committed. At this time, the existence of cockfighting gambling is rife and even the impact is very detrimental to society both from an economic and spiritual perspective. Then the main problems can be formulated (1) What factors are the causes of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. (2) What factors hinder the Police in eradicating the crime of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. (3) What are the efforts of the Police in overcoming the criminal act of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. Based on the results of research conducted by the author, it is known: (1) The factors that cause cockfighting gambling are environmental factors, local customs or cultural factors, weak factors in implementing religion, economic factors, weak law enforcement factors. (2)The factors that hinder the police in eradicating gambling crimes are internal factors and external factors. (3) Efforts to deal with the crime of cockfighting gambling in Kupang City are preventive and repressive efforts (investigation and arrest of perpetrators).
FAKTOR PENYEBAB APARAT KEPOLISIAN TIDAK MENINDAK TEGAS SERTA UPAYA PENANGGULANGAN EKSPLOITASI ANAK OLEH ORANG TUA MENJADI PENJUAL MAKANAN DAN KORAN DI LAMPU MERAH ELTARI KOTA KUPANG Pono, Yohanis Soni; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13611

Abstract

A child is a gift given by God Almighty from birth which has inherent dignity and worth as a human being which cannot be separated, increased or reduced. Children are also the next generation of the nation and have a role in ensuring the future progress of the nation and state. This research is empirical legal research carried out in Kupang City. Data collection techniques use interview and observation techniques. The data used are primary and secondary data. This research was conducted at the Kupang City and Eltari Police. The results of data processing were analyzed descriptively qualitatively. The results of this research show: (1) The police do not take firm action against parents who exploit children due to four factors, namely, legal factors, law enforcement factors, facility factors, and community factors. (2) Police efforts to exploit children by parents consist of pre-emptive efforts, preventive efforts and repressive efforts.
UPAYA DAN HAMBATANNYA DALAM PENANGGULANGAN TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL TELEGRAM TERHADAP ANAK (STUDI KASUS WILAYAH HUKUM KEPOLISIAN DAERAH NUSA TENGGARA TIMUR) Palla, Tasya Sisilia; Leo, Rudepel Petrus; Kian, Darius A
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.14069

Abstract

Tujuan penelitian ini adalah (1) untuk mengetahui upaya penanggulangan tindak pidana pornografi melalui media sosial telegram terhadap anak diwilayah hukum kepolisian daerah Nusa Tenggara Timur, (2) untuk mengetahui hambatanya dalam penanggulangan tindak pidana pornografi melalui media sosial telegram terhadap anak diwilayah hukum kepolisian daerah Nusa Tenggara Timur. Penelitian ini merupakan penelitian hukum empiris yang berfungsi untuk mencari data dan informasi yang berkaitan dengan Hasil penelitian ini menunjukan (1) Upaya penanggulangan tindak pidana pornografi yang dilakukan oleh pihak kepolisian daerah Nusa Tenggara Timur dilakukan dengan 3 cara yaitu: (a) upaya preemtif, Dimana pihak kepolisian memberikan rasa aman dan nyaman kepada masyarakat yakni dengan melakukan patroli cyber, serta sosialisasi dan mengadakan workshop jumat ceria dimana agar pihak kepolisian Polda Nusa Tenggara Timur mendengarkan secara langsung keluh-kesah, komplein, pengaduan, maupun aspirasi masyarakat. (b) Melalui upaya prventif (pencegahan) upaya ini ditekankan meminimalisir kesempatan serta menghilangkan kesempatan untuk dilakukan kejahatan lainnya, seperti mengahapus (takedown) konten-konten bermuatan pornografi atau asusila, serta rehabilitasi terhadap korban ke Rumah Harapan GMIT Kuipang dimana Rumah Harapan GMIT Kupang merupakan unit pelayanan kamanusiaan di Kota Kupang, Nusa Tenggara Timur. (c) Upaya represif aparat penegak hukum yaitu kepolisian, kejaksaan, pengadilan dan lembaga permasyarakatan. Hambatannya dalam penanggulangan tindak pidana pornografi yang dilakukan oleh pihak kepolisian daerah Nusa Tenggara Timur antara lain: Penegak Hukum, Sarana atau Fasilitas, Keluarga, Korban, Pengumpulan Barang Bukti. Kata Kunci: Pornografi, Anak, Upaya Penanggulangan, Hambatan
IMPLEMENTASI PERAN KEPOLISIAN DAN HAMBATAN-HAMBATANNYA DALAM MENGUNGKAPKAN KASUS PEMBUNUHAN BERENCANA DI WILAYAH KEPOLISIAN RESOR SABU-RAIJUA Banga, Ar; Leo, Rudepel Petrus; Amalo, Heryanto
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.15244

Abstract

Premeditated murder in the Criminal Code (KUHP) is regulated in article 340 of the Criminal Code, which states: "Anyone who deliberately and with premeditation takes the life of another person, is threatened with premeditation, with the death penalty or imprisonment for life or for a certain period of time a maximum of 20 years. This research aims to find out the role of the police in disclosing cases of premeditated murder in the Sabu-Raijua resort area, and what obstacles they experience in disclosing these cases, as well as the factors that cause the crime of premeditated murder and arriving at solutions faced by investigators in the process. investigation. This research uses empirical juridical methods, namely methods that are studied through field research approaching existing facts and then using relevant laws and regulations as a basis for reviewing analyzing legal research as a reference for problem solving. Looking for the factors causing the occurrence and handling, obtained from primary and secondary data from interviews with the police (criminal investigators), village heads, community leaders and victims' families. As well as with literature studies and qualitative descriptive data analysis. The results of this research show that the role of the police in uncovering criminal cases of premeditated murder is very important, because the role of the police in criminal justice is at the forefront. Namely by carrying out the duties of an investigator related to arrest, detention, searches, confiscation of evidence, examination of documents and witnesses, suspects and assistance from experts. In doing this, the police are tasked with finding out the real truth. Apart from that, this research aims to find out what obstacles are faced and what solutions there are to get the truth about the causes of premeditated murder crimes in the Sabu-Raijua Resort area.
PERTANGGUNGJAWABAN PIDANA ANAK YANG MELAKUKAN TIDAK PIDANA YANG MENYEBABKAN MATINYA ORANG LAIN (Putusan Pengadilan Negeri Maumere No.2/Pid.Sus-Anak/2021/PN MME) Raja Sareng, Yohanes Alfridson; Leo, Rudepel Petrus; Kadja, Thelma S M
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.16102

Abstract

Children as legal subjects are not only victims but children are also not immune from being perpetrators of criminal acts. One of the cases in the decision of the Maumere District Court Number 2/PID.SUS-ANAK/2021/PN MME contains the criminal act of a child causing the loss of another person's life. In the decision. This type of research is Normative Legal Research. The type of approach used by the author in this research is the case approach, especially regarding cases that have been decided as can be seen in the jurisprudence regarding the cases that are the focus of the research. According to the author, imposing prison sentences on child perpetrators is inappropriate. This is because the author feels that the judge did not look at the best interests of the children and the condition of the children in conflict with the law at the time of the incident. According to the author, the best punishment in this case is supervision. Placing children in conflict with the law in prison at the Sikka Regency Detention Center is completely inconsistent with the law and is also for the sake of the child's future. The author's advice, increasing coordination between law enforcement officers, improving infrastructure, increasing professional law enforcement officers in the juvenile criminal justice process are important factors in the effective law enforcement process for children in conflict with the law.
ANALISIS YURIDIS PENJATUHAN PUTUSAN OLEH HAKIM TERHADAP PELAKU PEMALSUAN E-KTP PEMILIHAN UMUM Kana, Nelci Duru; Leo, Rudepel Petrus; Manafe, Deddy R Ch
Petitum Law Journal Vol 3 No 1 (2025): Petitum Law Journal Volume 3, Nomor 1, November 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i1.21608

Abstract

This study examines the verdict in Case No. 105/Pid. Sus/2023/PN Kupang, in which Yan Quarius Bunga, a legislative candidate, was found guilty of falsifying an E-KTP to meet election requirements based on Article 520 of Law No. 7/2017 Concering on Elections and Article 55(1) of the Criminal Code. The judges highlighted the defendant's intent (dolus) and his position as a medeplegen (participant) in a structured scheme involving political elites, but imposed a light of 1 month probation and a small amount of fine, taking into account mitigating factors such as the defendant's cooperation and document revision. Critically, this verdict contradicts the maximum sanction stipulated by law, which is 6 years in prison, which has the potential to reduce the deterrent effect on election crimes. This study highlights the weaknesses of the system: (1) inadequate sanctions for organized crimes involving political actors, (2) failure to hold intellectual perpetrators (party officials) accountable, and (3) procedural errors, such as the return of the laptop used for falsification. Normative and empirical methods show tensions between retributive and restorative justice, with the verdict favoring rehabilitation over democratic integrity. The case reflects the paradoxical role of the judiciary in combating electoral fraud, highlighting the importance of coherent law enforcement to maintain public trust in democracy. Systemic legislative reforms to prevent identity fraud and strengthen electoral transparency are recommended, so that the democratic process does not become a mere administrative formality vulnerable to manipulation.
Co-Authors Adhytia, Putra Ahmad, Rahmawati Anan, Maria Kasia Bakker, Lex Stevkri Banga, Ar Bangkole, Lorens Soli Daud Bani, Putri Paskalia Pati Bengngu, Marrya Martha Benu, Geraldo Yoseprinus Bere, Elisabeth Jesica Bere, Elvira C.V. Bessi, Zarlito K. Taku Dedo Ngara, Rambu Claudia Magi Dima Tallo, Daud Dima, Adrianus Djara Djara Dima, Adrianus Edang, Rikardus Maria Wahyudi Fallo, Debi F.Ng Ha'e, Dio Rysardo Haki, Grasella Listin Heryanto Amalo Hida, Dian J. A Hutama, Galih Sunarya Putra Kadja, Thelma S M Kana, Nelci Duru Karolus Kopong Medan Kian, Darius A Kian, Darius Antonius Kikhau, Erlen Enjelita Lesik, Lola Everdindje Manafe, Deddy R Ch Manuain, Orpa G Nani Raga, Lukas Stefanus Napu, Papy Michael Ndun, Jorgi Excel Pakh, Wian Krista Palla, Tasya Sisilia Panduwal, Bryan Pello, Jimmy Pinta, Onesimus Carlianus Pono, Yohanis Soni Raja Sareng, Yohanes Alfridson Reinati, Esperansa Sherli Dacosta Rosalind Angel Fanggi, Rosalind Angel Saekoko, Imri S Setiawan, Galang Aditya Tadon, Agustine Cindy Tuulima, Moreno Ariel Wihelmus, Bhisa Vitus Wilhelmus, Bhisa Vitus