Article Per Year (5 Year)
p-Index From 2021 - 2026
2.144
P-Index
This Author published in this journals
All Journal Jurnal Ilmu Hukum The Juris Jurnal Hukum Bisnis Artemis Law Journal Al-Zayn: Jurnal Ilmu Sosial & Hukum
Dima, Adrianus Djara
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 8 Documents
Search
Journal : Artemis Law Journal

 1 
PERBANDINGAN RATIO DECIDENDI PUTUSAN HAKIM TERHADAP PEMBERIAN KOMPENSASI KEPADA KORBAN TINDAK PIDANA PERDANGANGAN ORANG DI INDONESIA ( TINJAUN YURIDIS PUTUSAN NOMOR: 12/PID.SUS/2021/PN KPG DAN PUTUSAN NOMOR:584 K/PID.SUS/2013/PN,SBY) Bangkole, Lorens Soli Daud; Leo, Rudepel Petrus; Dima, Adrianus Djara
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.v1i1.13427

Abstract

Human Rights (HAM) is a fundamental right of all mankind as a gift of God inherent in human beings, natural, universal, eternal associated with human dignity, equally owned by all people, regardless of gender, nationality, religion, age, language, social status, political views, etc. One of the problems related to human rights in Indonesia is the crime of trafficking in Persons which is one form recruitment, delivery, transfer, protection or acceptance of a person, by threat or use of force or any form of coercion, kidnapping, deception, lying, or other abuse of power, or vulnerable position or giving or receiving payments or obtaining benefits to obtain the consent of someone who has power over others, for the purpose of exploitation. the purpose of this article is to determine the ratio decidendi judge's decision against the provision of compensation to victims of trafficking in persons of decision number: 584/K/pid.Sus/2013/Pn Sby and to determine the recidendi ratio which is an inhibiting factor so that it does not deberikannya compensation to victims of trafficking in Persons Decision No. 12 / Pid.Sus / 2021 / PN Kpg. The results showed that: (1) based on the consideration of the Supreme Court in the decision of the trafficking in persons case above, the ratio decidendi used in providing compensation to victims of trafficking in persons in the above decision is the provision of compensation is a citizen's right, the distribution of compensation is intended as assistance or to ensure the welfare of victims of crime and as Social Security. (2) inhibiting factors so that the crime of trafficking in Persons is not given in decision Number 12/Pid.Sus / 2021 / PN Kpg namely: legal factors and the unavailability of compensation implementation guidelines.
Tinjauan Kriminologis Tindak Pidana Penganiayaan Berat Terhadap Karyawati Kalbe Farma Di Kota Kupang kalelena, franklin yulius davidson; Manafe, Deddy R. CH; Dima, Adrianus Djara
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.v1i1.13732

Abstract

According to the 1945 Constitution of the Republic of Indonesia, Amendment IV Article 1 paragraph (3) which reads "The Indonesian State is a state of law", which means that the Indonesian State is based on law (Rechtstaat), not based on mere power (Machstaat). The main problems in this thesis are: (1) What are the factors causing the crime of serious abuse of Kalbe Farma employees in Kupang City? (2) What are the countermeasures carried out by the police in Kupang City? This research is empirical legal research carried out in Kupang City. Data collection techniques use interview techniques and document study. The data used are primary and secondary data. This research was conducted at the Kelapa Lima Kupang Police Sector. The results of data processing were analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen: (1) the factors causing the crime of serious abuse of Kalbe Farma employees, namely misunderstanding factors, excessive alcohol consumption factors and environmental factors. (2) the response efforts carried out by the police are preventive efforts. Police efforts in providing legal education to raise public awareness in order to prevent criminal acts from occurring. Repressive efforts. Efforts made when a criminal act has occurred in the nature of taking action against the perpetrator of the crime.
Studi Kasus Tindak Pidana Pemerkosaan Ayah Terhadap Anak Kandung Di Wilayah Hukum Pengadilan Negeri Rote Ndao Modokh, Bacri; Manafe, Deddy R. CH.; Dima, Adrianus Djara
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.v1i2.15896

Abstract

The crime of rape is very worrying especially if the victims are children who are still minors, because this affects the psychological development of children and causes trauma for the rest of their lives. In addition, their future becomes bleak and they have no future. The perpetrators of the crime of rape are often people known to the victim, some are even related, and the most concerning is a father who rapes his biological daughter. The conclusions of this study are: (1) The form of legal protection for child victims of rape in the jurisdiction of the Rote Ndao District Court is in the form of assistance from the PPA during the investigation process, the victim gets protection during the trial so as not to be under pressure the victim is returned to the parents after the trial without going through the rehabilitation process. (2) Consideration of Judges in Criminal Sentencing against perpetrators of Rape of biological children in the jurisdiction of the Rote Ndao District Court is appropriate, based on the testimony of witnesses and the confession of the defendant with evidence in the trial, as well as the judge's consideration of matters that aggravate the defendant, accompanied by consideration of matters that can alleviate the defendant, taking into account the relevant laws, and strengthened by the judge's confidence in imposing a fair decision.
Upaya Penegakan Hukum Balai POM Di Kupang Terhadap Produksi Dan Penjualan Kerupuk Yang Mengandung Boraks Kadja, Gracia Frederika; Dima, Adrianus Djara; Fanggi, Rosalind Angel
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.22002

Abstract

Law enforcement efforts by the BPOM in Kupang were carried out by the BPOM Civil Servant Investigator (PPNS) by conducting an investigation based on sample results. During the 2021-2023 period, there was a surge in the discovery of foods containing borax with crackers being the most products. The formulation of the problem in this study is: (1) How are the law enforcement efforts by the BPOM in Kupang against the case of the discovery of crackers containing borax. (2) What is the inhibiting factor for the BPOM in Kupang in carrying out law enforcement efforts against the case of the discovery of crackers containing borax. The type of research used in this study is empirical juridical, namely in analyzing problems carried out by combining legal materials with data in the field. The results of the research obtained: (1) Law enforcement efforts by the BPOM were carried out by BPOM investigators based on the results of sample tests and investigations were carried out by investigators with the provision of administrative sanctions. (2) The factors that hinder law enforcement by the BPOM are due to; lack of investigators, lack of ability, understanding and awareness of actors, actors who sell from place to place, lack of optimal implementation of regulations, lack of awareness of parties collaborating with the BPOM, geographical conditions in the form of islands, and lack of community participation. Suggestions need to increase law enforcement in the food sector, especially in the production and sale of crackers with borax, increase in cooperation with parties who collaborate with the BPOM in socializing food security and the dangers of chemical additives, strict supervision of the distribution and sale of cracker products containing borax, and followed by increasing awareness of each sector in collaboration with BPOM.
Perspektif Hukum Pidana Terhadap Tindak Pidana Cyber Pornography Dalam Penggunaan Platform OnlyFans Ferreira, Francisca Das Dores; Manafe, Deddy R. CH.; Dima, Adrianus Djara
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.22216

Abstract

Technological advancements, especially in the internet and social media, have significantly impacted human life. In Indonesia, cyber pornography has become a growing concern, particularly through platforms like OnlyFans. Although such content is punishable under Indonesian criminal law, law enforcement in the digital space remains weak due to various challenges. This makes it essential to understand and address the misuse of digital platforms to prevent further spread of pornographic material. The problem formulation in this study focuses on the misuse of OnlyFans for cyber pornography, which violates Indonesian law. Although the platform is officially blocked by Kominfo, it is still accessible via VPN, allowing the illegal distribution of content. Under the ITE Law and the Criminal Code, individuals who intentionally share or profit from pornographic content may face imprisonment and fines. Therefore, stronger legal enforcement and increased public awareness are urgently needed. This research uses a normative juridical approach, combining qualitative analysis and legislative review. The study is based on secondary legal materials, analyzed through a descriptive method. The findings reveal that OnlyFans facilitates paid transactions between creators and fans for pornographic content. Despite being blocked, access via VPN continues. Current laws and government measures are insufficient to address technological developments, especially regarding OnlyFans. Effective legal action requires better technological understanding and greater public awareness. The study concludes that various motivations drive the use of OnlyFans for pornography, which can potentially lead to further criminal acts under Indonesian law.
Kepastian Hukum Penerapan Pasal 12B Ayat (1) Undang–Undang Nomor 20 Tahun 2001 Tentang Gratifikasi Dalam Kasus Tindak Pidana Korupsi Di Pengadilan Negeri Klas 1 A Kupang Mo'a Belang, Ingrid Vianey Cendanawati; Manafe, Deddy R. CH.; Dima, Adrianus Djara
Artemis Law Journal Vol 3 No 1 (2025): Artemis Law Journal Vol.3, No.1, November 2025
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i1.22267

Abstract

Corruption is categorized as part of special criminal law, which means it has specific characteristics that distinguish it from general criminal law. Unlike ordinary crimes, corruption involves abuse of power, tends to be systemic, and often includes complex financial transactions. It is widely recognized as an extraordinary crime and is frequently referred to as a white-collar crime because it typically involves individuals in positions of authority or influence. Due to its hidden and sophisticated nature, corruption poses a serious threat to the functioning of government institutions, public trust, and legal order. For these reasons, extraordinary legal instruments are essential in addressing and eradicating corruption effectively. This study focuses on two primary legal issues: (1) How is the reverse burden of proof applied in gratification cases at the Class 1A Kupang District Court? and (2) How is legal certainty upheld in the application of Article 12B paragraph (2) in the trial of corruption cases? The research uses a normative juridical approach, employing both conceptual and statutory methods, with deductive and/or inductive reasoning to obtain objective legal understanding. The reverse burden of proof under the Corruption Crime Law is applied mainly to examine unexplained increases in a defendant’s assets. The prosecutor must first show irregularities in the defendant’s assets, but the defendant must prove their legality. The unclear formulation risks undermining the presumption of innocence, so the reverse burden of proof should be a special exception balancing both parties’ rights.
Kajian Kriminologis Tentang Persetubuhan Dengan Anak Bedasarkan Undang-Undang Perlindungan Anak (Studi Kasus Kabupaten Alor) Ahmad, Rahmawati; Leo, Rudepel Petrus; Dima, Adrianus Djara
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.v2i2.21045

Abstract

Sexual intercourse is a sexual relationship between two people conducted with mutual consent. However, in the legal context, sexual intercourse can also refer to sexual relations between an adult and a minor who is considered unable to give valid consent. The results of this study indicate: (1) The factors influencing the occurrence of sexual intercourse with children are internal and external factors. The first internal factors are: (a) The psychological condition of the perpetrator, (b) The biological condition of the perpetrator, (c) The ability to manipulate psychologically and the perpetrator's speaking skills. The second external factors are: (a) The religious environment that is closed in supervision, (b) The misuse of status as a religious leader, (c) Modus operandi based on religious manipulation, (d) Lack of supervision of children, (e) The influence of pornography. (2) Efforts to tackle the crime of rape are carried out in three ways: (a) Preemptive efforts are made through socialization by the Binmas Unit, the formation of children's forums by the PPA Office, and legal education. (b) Preventive efforts are made through supervision by the PPA Reskrim Unit, the formation of the Child Protection Task Force, and cooperation with the Health Office and Hospitals for victim rehabilitation. (c) Repressive efforts are made through law enforcement by the PPA Reskrim Unit, victim assistance by the PPA Office, and the application of maximum punishment by the Kalabahi District Court.
Kajian Kriminologis tentang Kecenderungan Pelaku dalam Melakukan Kejahatan Berat yang Mengakibatkan Matinya Korban di Kota Kupang Ga, Jurondly Marcky Iverson; Manafe, Deddy R Ch; Dima, Adrianus Djara
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.v2i2.21113

Abstract

This study examines the tendency of perpetrators to commit serious crimes that result in the death of victims in Kupang City, with the main focus on the crime of murder. Based on these problems, this study focuses on two main aspects, namely: (1) factors that cause someone to tend to commit the crime of murder, and (2) the role of the social environment and the legal system in influencing this tendency. This study uses an empirical research method with a qualitative approach. Data were obtained through documentation studies of court decisions, interviews with perpetrators of crimes at the Kupang Class IIA Penitentiary, and analysis of the factors causing the crime. The results of the study indicate that the tendency of someone to commit the crime of murder is influenced by various factors, including emotional drives, revenge, the influence of alcohol, and social and economic conditions. In addition, weak social control and a less supportive environment also contribute to the increased risk of someone committing serious crimes. Therefore, more effective prevention efforts are needed through social and legal approaches, including increasing legal education in the community, monitoring the factors that trigger crime, and strengthening the role of law enforcement officers in handling murder cases more optimally.
Co-Authors Ahmad, Rahmawati Bangkole, Lorens Soli Daud Bere, Elvira C.V. Deddy R. Ch. Manafe Dede, Ngongo Ferreira, Francisca Das Dores Ga, Jurondly Marcky Iverson Heryanto Amalo Kadja, Gracia Frederika kalelena, franklin yulius davidson Leni, Maldo Jupiter Leo, Rudepel Petrus Manafe, Deddy R Ch Manafe, Deddy R. CH Medan, Karolus K. Mo'a Belang, Ingrid Vianey Cendanawati Modokh, Bacri Nenga Boro, Narcicus Ronaldy Pinta, Onesimus Carlianus Rosalind Angel Fanggi Tapowolo, Wilhelmina Maria Peni Tefa, Ruben E.