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Tinjauan Kriminologis Terhadap (Residive) Pengulangan Pencurian di Kelurahan Fatululi, Kecamatan Oebobo, Kota Kupang. Hutama, Galih Sunarya Putra; Leo, Rudepel Petrus; Kian, Darius Antonius
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13729

Abstract

Currently, various types of crimes can occur. One type of crime that often occurs and is very disturbing in the community is the act of theft of gold necklace jambret occurs in big cities, including the city of Kupang. The crime of stealing a gold necklace jambret harms many people. Because the price is unbelievably cheap. People use gold usually for investment or storage of valuables in their old age when they no longer have savings for daily life needs. The locations that are usually targeted by burglars are very diverse, in residential areas, parking lots, public or special parking lots in schools, campuses, government agency offices, crowded markets, etc. From the description above, the main problem is as follows: (1) What is the factor that causes the repetition of the crime of theft (recidivism) in Fatululi Village, Oebobo District, Kupang City? (2) What are the efforts to combat the repetition of the crime of theft (recidivism) in Fatululi Village, Oebobo District, Kupang City? The purpose of this research is to find out the criminological review of (recidivism) theft in Fatululi Village, Oebobo District, Kupang City. that is: Usually the cause of the occurrence (Recidivism) is a factor that is related to each other such as education, environment, economy, and low criminal sanctions. (2) Efforts to Combat Repeated Theft Crimes (Recidivism) in Fatululi Village, Oebobo Subdistrict, Kupang City are: (a) Preemptive efforts are to prevent crimes from happening for the first time. (b) Preventive efforts. In this effort, by doing legal counseling and giving lessons about legal arrangements to families and the community. (c) Repressive efforts. In this effort, legal actions are carried out in the form of arrests and detentions carried out by law enforcers such as the police, prosecutors and courts.
Tinjauan Kriminologis Terhadap Residivis Pencurian Sepeda Motor (Studi Kasus Di Wilayah Hukum Kepolisan Resor Kupang Kota) Setiawan, Galang Aditya; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 1 (2023): Artemis Law Journal Vol.1, No.1, November 2023
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i1.13736

Abstract

Perkembangan zaman mempengaruhi kehidupan dalam bermasyarakat yang ditandai dengan meningkatnya kejahatan di masyarakat. Ada pelaku kejahatan yang mengulangi kejahatan setelah pelaku bebas dari masa hukuman pidananya atau dikenal residivis. Jurnal ini membahas tentang: 1) Apakah faktor penyebab residivis pencurian sepeda motor di wilayah hukum Kepolisian Resor Kupang Kota? 2) Bagaimanakah modus operandi residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota Kota? 3) Bagaimanakah upaya penanggulangan terhadap residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota?. Metode penelitian yang digunakan yaitu Penelitian hukum empiris dimana mengkaji hukum yang dikonsepkan sebagai prilaku nyata, sebagai gejala sosial yang sifatnya tidak tertulis, yang dialami setiap orang dalam kehidupan bermasyarakat. Hasil penelitian faktor penyebab terjadinya residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota yaitu: a) Faktor Pendapatan/Penghasilan, b) Faktor Lokasi Penyimpanan Sepeda Motor, c) Faktor Kelalaian Korban. Modus operandi residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota yaitu berupa: a) Menggunakan Kunci T, b) Mendorong Sepeda Motor dan Disembunyikan di Tempat Lain. Upaya penanggulangan terhadap residivis pencurian sepeda motor di wilayah hukum Kepolisan Resor Kupang Kota yaitu berupa: a) Upaya Pre emtif, b) Upaya Preventif, c) Upaya Represif
Faktor Penyebab Terjadinya Tindak Pidana Korupsi Serta Dasar Pertimbngan Hakim Terhadap Putusan Bebas Pada Perkara Korupsi Dalam Surat Putusan No. 40/Pid/Sus-TPK/2020/PN-KPG Nani Raga, Lukas Stefanus; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.13743

Abstract

The Defendant in the Corruption Case on Land belonging to the Kupang City Government, Thomas More, committed a criminal act of corruption with witness Jonas Salean in accordance with the contents of the Kupang Class IA District Court decision in 2020 and in this case the Defendant and the Witness in question issued the land title certificate and signed the assets. belongs to the State in order to enrich oneself, so that in the District Court decision letter Number: 40/Pid/Sus-TPK/2020/PN-KPG. The defendant Thomas More was sentenced to a criminal sentence while the witness Jonas Salean was given an acquittal. The main problems in this research are: (1) What are the factors that cause the occurrence of criminal acts of corruption? (2) What is the basis for the judge's consideration in handing down an acquittal decision in this case? This research is empirical legal research, namely reviewing and analyzing data obtained from the research location. The results of this research show that (1) the factors causing corruption in land belonging to the Kupang City Government are (a) Internal Factors, namely the feeling of wanting to enrich oneself. (b) External Factors, namely the existence of opportunities/opportunities which are seen from the position of the defendant at the time of committing the crime corruption and also the closeness of the defendant to witnesses who participated in committing criminal acts of corruption. (2) The basis of consideration used by the judge in handing down an acquittal decision is seen from: (a) the elements of the primary indictment article and (b) the elements of subsidiary coercion.
Analisis Yuridis Terhadap Putusan Pengadilan yang Membebaskan Pengedar Narkotika Golongan I(sabu-sabu) (Studi Kasus Putusan Nomor 17/pid.sus/2022/pn. plk) Dedo Ngara, Rambu Claudia Magi; Medan, Karolus Kopong; Leo, Rudepel Petrus
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15169

Abstract

The Palangkaraya District Court's decision to acquit narcotics defendants sparked demonstrations because it was deemed not to reflect justice. This research aims to analyze the basis of the judge's considerations in the court decision that acquits a Class I methamphetamine narcotics dealer who has fulfilled the principles of justice. The method used is normative juridical with a statutory approach and a conceptual approach, the data sources used are primary and secondary data sources and the data analysis technique used is qualitative analysis. Based on the research and analysis carried out by the author in the decision of the Narcotics Trafficking Crime Court Number 17/Pid.Sus/2022/PN.PLk Palakaraya, the defendant Salihin Saleh Abdullah was declared guilty based on the second alternative charge of Article 112 Paragraph 2 of Republic of Indonesia Law Number 35 of 2009 concerning Narcotics. The defendant was declared to have violated these provisions because without permission or against the law he possessed, stored, controlled or provided non-plant class I narcotics, weighing more than 5 grams. The basis of the judge's consideration in handing down the decision to acquit the Class I methamphetamine narcotics dealer Number 17/Pid.Sus/2022/PN.PLk was based on juridical considerations as the main approach. Still, the article applied was not relevant to Article 112 paragraph (2) of Republic of Indonesia Law No. . 35 of 2009 concerning Narcotics, namely that the defendant was guilty of trafficking class I narcotics exceeding 5 grams in weight. The value of justice in Palakaraya's decision on the narcotics trafficker, the trial process in this case went well, but the inaccurate application of the article could harm procedural justice. contained in the decision.
Perlindungan Hukum Saksi dan Korban Oleh Lembaga Perlindungan Saksi dan Korban Adhytia, Putra; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 1 No 2 (2024): Artemis Law Journal Vol.1 No.2, Mei 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v1i2.15220

Abstract

Witnesses are one of the valid evidence in the trial process, sanctions are people who are present or 2 the incident themselves while it is taking place, the presence of witnesses and victims is very meaningful because law enforcement officials face difficulties when searching and obtaining evidence carried out by the suspect which causes violence to the victim. The success or failure of the judicial process depends so much on the level of witnesses and victims who are successfully met and exposed in the sequence of events in the contest, which are mainly directly related to the explanation of witnesses, often cases that cannot be revealed because there is no testimony from witnesses that can support the duties of law enforcement. Protection of witnesses and victims is currently urgent to be held in every checking session in cases that are considered to require special attention and very tight guard. from this problem, the author discusses the problems, namely: (1) how is the implementation of the mechanism for providing legal protection to witnesses and victims by the LPSK (2) what are the factors that affect the effectiveness of providing legal protection to witnesses and victims by the LPSK. This research uses empirical research methods, while the data sources used are primary and secondary. The results of this study are: (1) to obtain protection must first apply for protection to the LPSK by fulfilling the conditions determined after receipt of the protection application, the protected will get legal protection and fulfillment of rights. (2) Factors that affect the effectiveness of protection are legal facts, law enforcement, facilities and facilities, community factors, and cultural factors. Suggestion: This institution should become an independent institution to provide comprehensive protection and the importance of the presence of this institution in the region so that legal protection feels optimal, not centralized in the center and the need for an introduction to this institution so that the public who lays about the law can know the existence of this institution.
Perlindungan Hukum Dalam Kasus Anak Korban Kekerasan Seksual Oleh Ayah Kandung Di Wilayah Hukum Kepolisian Resort Kupang Kota Bengngu, Marrya Martha; Manuain, Orpa G; Leo, Rudepel Petrus
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.16009

Abstract

Children are a mandate from God whose human rights are regulated in the Constitution of the Republic of Indonesia Year 1945. This needs special attention from all circles, especially law enforcement. The formulation of this research problem is: (1). How are leegal proteection eforts for cases of child victims of sexual intercourse by biological father perpetators at the Kupang City Resort Police. (2). What are the obstacles faced by law enforcement officials in providing legal protection to child victims of sexual intercourse by biological father perpetrators at the Kupang City Resort Police. This research is an empirical legal research, with data collection techniques through interviews with 2 information respondents. The types of data used are primary and secondary data using collection techniques are interviews and literature studies that are processed and analyzed descriptively quantitatively. The results showed: (1). Legal protection efforts against cases of child victims of sexual intercourse by perpetrators of biological fathers at the Kupang City Resort Police are preventive protection efforts and repressive protection efforts. (2). The obstacles faced by law enforcement officials in providing legal protection to children with sexual intercourse by perpetrators of biological fathers in the Kupang City Resort Police are caused by infrastructure and community factors. The conclusion of this study is that legal protection efforts against cases of sexual intercourse by perpetrators of biological fathers in the Kupang City Resort Police have been running both Preventive and Repressive efforts, but there are still two obstacles to facilties and infrastructure and the community.
Peran Dan Faktor Penghambat Dalam Penegakan Hukum Terhadap Pidana Pemerkosaan Oleh Anggota Keluarga Di Wilayah Hukum Kepolisian Resor Kupang Kota Benu, Geraldo Yoseprinus; Leo, Rudepel Petrus; Amalo, Heryanto
Artemis Law Journal Vol 2 No 1 (2024): Artemis Law Journal Vol.2, No.1, November 2024
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i1.17201

Abstract

Home should be the safest place for girls, but instead it is the safest location for perpetrators who carry out devious acts. The rape case committed by a family member occurred in the jurisdiction of the Kupang City Police. ADR was a victim of sexual intercourse and sexual violence with SDR's biological father from July 2004 to April 2014, causing a lot of suffering for the victim, both physical and psychological. Following the main duties of the Indonesian National Police as regulated in Article 13 of Law Number 2 of 2002. Bareskrim Polri as a government institution is the most appropriate institution to answer problems regarding the effectiveness of the role of the police. Investigators and the obstacles investigators face. The police force in enforcing the law against criminals was designed by family members at the Kupang City Police. The results of the research show that the effective role of a police investigator is the role expected by the investigator, the role given and the role of the police investigator. Obstacles to law enforcement for perpetrators of criminal acts of fraud by family members are: legal factors, law enforcement, means and facilities, and culture. It was concluded that the effective role of Kupang City Police investigators' duties is: Receiving reports, Investigation, Collection of evidence, Examination of witnesses and victims, Coordination with related parties and Assistance to victims. Meanwhile, the obstacles faced are community factors and cultural factors.
Faktor Penyebab Dan Upaya Penanggulangan Tindakan Main Hakim Sendiri (Eigenrichting) Di Kota Kupang Panduwal, Bryan; Leo, Rudepel Petrus; Manuain, Orpa G
Artemis Law Journal Vol 2 No 2 (2025): Artemis Law Journal Vol.2, No.2, May 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v2i2.19717

Abstract

The main problems in this thesis are: (1) What are the factors that cause society to tend to take the law into their own hands (eigenrichting) in crime cases that occur in Kupang City? (2) What countermeasures are made so that society does not take the law into their own hands (eigenrichting) in crime cases that occur in Kupang City? The results of this study is: (1) There are six factors that cause people to tend to take the law into their own hands (eigenrichting) in criminal cases that occur in Kupang City. (2) Efforts made to prevent people from taking the law into their own hands (eigenrichting) in criminal cases that occur in Kupang City are: (a) Preemptive efforts, (b) preventive efforts and (c) repressive efforts. The author’s suggestions are: First, the government needs to continuously socialize the dangers of the tendency of people to take the law into their own hands (eigenrichting) in cases of crime that occur. Second, the government should enforce the law firmly against people who take the law into their own hands (eigenrichting) without discrimination. Third, the government needs to improve the quality and quantity of the facilities and infrastructure it has
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.