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All Journal Jurnal Ilmu Hukum The Juris Jurnal Hukum Bisnis Artemis Law Journal
Dima, Adrianus Djara
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Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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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 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 Pinta, Onesimus Carlianus Rosalind Angel Fanggi, Rosalind Angel Tapowolo, Wilhelmina Maria Peni Tefa, Ruben E.