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Manuain, Orpa G
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Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Kebijakan Kriminal Dalam Perlindungan Korban Pelecehan Seksual Via Virtual Reality Ramis, Teresia Avilla; Manuain, Orpa G; 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.v3i1.21531

Abstract

Technological advances have created virtual reality that allows for digital interaction, but also opens up opportunities for sexual harassment. Positive law in Indonesia does not yet have specific rules to regulate cases of sexual harassment in the context of virtual reality. This research aims to find out and analyze criminal policy, namely penal policy and non penal policy in the protection of potential victims of sexual harassment via virtual reality. This research is a normative legal research with a legislative, conceptual, and case approach. The source of legal materials used consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is carried out through literature studies. Criminal policy analysis in the criminal act of sexual harassment via Virtual Reality is carried out using descriptive analysis techniques, which involve the analysis of penal policy and non penal policy to understand the applicable criminal law policy and find out preventive measures that can be used to protect potential victims of sexual harassment via virtual reality in the future. Based on the results of the research, criminal law policy in Indonesia can provide protection for potential victims of harassment via virtual reality. However, the implementation of penal policy alone is not enough, so there needs to be a non-penal policy that can help prevent and handle sexual harassment via virtual reality. Thus, criminal law policy or penal policy and non-criminal law policy or non-penal policy can be an effective solution to protect victims of sexual harassment via virtual reality.
Perlindungan Hukum Terhadap Jurnalis Korban Tindak Pidana Kekerasan Dalam Menjalankan Tugas Jurnalistik Di Kota Kupang Tulle, Kevin Christian; Manuain, Orpa G; Dede, Ngongo
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.v3i1.21607

Abstract

The persecution experienced by journalists is one of the crimes, the persecution of journalists is intended for legal protection of journalists from acts in the form of attacks on body parts or other parts that cause injury, even death. In Kupang City, several cases of persecution of the Press also occurred so widespread, one of the cases was "The attempted murder of one of the journalists and the Editor-in-Chief (Pemred) of Suara Flobamora who was investigating and reporting on alleged corruption in the Regional Company PT. Flobamor, became a momentum for Law Enforcement Officers in the NTT Region (Kejati NTT and Polda NTT and KPK) to pay serious attention, namely to respond by immediately conducting an investigation into alleged corruption. This adds to the dark record of legal protection related to criminal acts against the press or journalists and clearly requires quick action in tackling and mitigating this. The problems that will be studied in this study are as follows: (1) How is the legal protection for journalists who are victims of violent crimes in carrying out journalistic duties optimal? (2) How are efforts to optimize legal protection for journalists who are victims of violent crimes in carrying out journalistic duties in Kupang City?
PENYELESAIAN PERKARA PERUSAKAN TEMPAT RITUAL ADAT SUKU TAIBOKO DESA LETMAFO TIMUR MELALUI MEKANISME HUKUM ADAT Usfinit, Theresia Remeiliana; Wilhelmus, Bhisa V; Manuain, Orpa G
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.v3i1.21170

Abstract

This research examines the resolution of a dispute involving the destruction of a customary ritual site belonging to the Taiboko Tribe in East Letmafo Village through mechanisms of customary law. Employing a juridical-empirical approach and qualitative research methods, the study focuses on direct observation and comprehension of customary legal practices within the Taiboko community. The findings reveal the pivotal role of customary law in resolving indigenous community disputes, facilitated by familial-style deliberations and consensus involving tribal and community leaders, as well as police involvement. The achieved settlement includes significant customary fines, encompassing monetary compensation, sacrificial animals, rice, and local beverages, alongside provisions for replacing the damaged tree. This resolution underscores the severity of the customary violation and aims to restore communal harmony. The research affirms the continued relevance of customary law in modern dispute resolution and highlights the importance of state recognition of Indonesia's diverse legal systems.
Hambatan Penyidik Kepolisian Daerah Nusa Tenggara Timur dalam mengungkapkan Tindak Pidana Perdagangan Orang Djo, Marlin; Manuain, Orpa G; Fanggi, Rosalind Angel
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.v2i1.19456

Abstract

This research analyzes the obstacles faced by investigators from the East Nusa Tenggara Regional Police (Polda NTT) in uncovering criminal acts of human trafficking (TPPO), which is a serious and widespread problem in this region. TPPO often involves organized crime networks and complex modus operandi, such as document falsification and exploitation of victims' vulnerable positions. This research uses an empirical juridical approach and qualitative descriptive analysis techniques, with primary data obtained through interviews with investigators and secondary data from related literature. The research results show that the main obstacles facing the disclosure of TPPO include limited human resources, minimal special training for investigators, limited technology and infrastructure, and low public awareness of TPPO. Efforts to overcome these obstacles include increasing training for investigators, collaborating with relevant institutions, and public awareness campaigns about the dangers of human trafficking. This research provides recommendations for increasing the effectiveness of handling TIP in the NTT Regional Police through increasing investigator capacity and synergy between institutions.
PEMBERIAN PIDANA DENDA SEBAGAI PIDANA YANG DAPAT DISUBSIDERKAN DALAM PERKARA TINDAK PIDANA KORUPSI DITINJAU DARI ASPEK TUJUAN PEMIDANAAN (STUDI PUTUSAN NOMOR 57/PID.SUS-TPK/2023/PN KPG) Gole Duan, Yanuarius Maria; Manuain, Orpa G; Amalo, Heryanto
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22519

Abstract

This study examines the inconsistencies in the application of fines that can be changed to imprisonment in corruption cases, by utilizing the theory of combined punishment that includes retaliation, prevention, and rehabilitation. This study focuses on Decision Number 57/Pid. Sus-TPK/2023/PN Kpg, in which the defendant Bernadus S. Atawolo was sentenced to a fine of fifty million rupiah (Rp 50,000,000), which was changed to a prison sentence of six months. This decision is problematic because it does not reflect the seriousness of the crime of corruption and the losses caused to state finances. Many perpetrators of crimes prefer to serve prison sentences rather than pay fines, which in turn reduces the deterrent effect and damages public trust. Legally, this replacement shows an inconsistency between the general provisions in the Criminal Code and the lack of stricter rules in Law Number 31 of 1999 in conjunction with. Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. This study suggests the need for reform of the Tipikor Law by eliminating substitute sentences that are too light and replacing them with prison sentences that are commensurate with state losses. Referring to Article 79 of Law Number 1 of 2023 concerning the New Criminal Code, the regulation must ensure that fines cannot be easily avoided and make a significant contribution to asset recovery. This normative legal research applies legal case analysis and statutory interpretation.
ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN ARTIFICIAL INTELIGENCE SEBAGAI ALAT TINDAK KEJAHATAN DI INDONESIA Lastrio, Yohana; Manuain, Orpa G; Dede, Ngongo
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22935

Abstract

The rapid advancement of Artificial Intelligence (AI) has brought transformative benefits across various sectors but has also introduced profound legal challenges, particularly in attributing criminal liability when AI is used as a tool in criminal acts. This research is guided by the core question: How can Indonesia’s criminal law system establish liability for the use of Artificial Intelligence as an instrument of crime? Employing a normative juridical method, this study integrates statutory, conceptual, case-based, comparative, and historical approaches to examine the current legal framework, including the Electronic Information and Transactions Law (ITE Law) and the 2023 Indonesian Criminal Code. Findings reveal that Indonesia’s legal system still faces significant normative and technical barriers. Normatively, existing regulations do not fully address the complexity of autonomous and adaptive AI systems. Technically, establishing mens rea and causality between human action and AI-generated outcomes remains difficult. In this context, the Perpetration by Another Liability model is a relevant legal framework, positioning AI as instrumentum delicti and assigning criminal responsibility to the human actors, developers, providers, or users, who knowingly deploy AI systems for unlawful purposes. This model aligns with Articles 36 and 37 of the Criminal Code and emphasizes accountability, precaution, and legal adaptability in facing the evolving nature of AI-driven crimes.
Co-Authors Agustina Alzuhri, Firda Khairinisa Bengngu, Marrya Martha Carvallo, Gloria Dede, Ngongo Djo, Marlin Gole Duan, Yanuarius Maria Heryanto Amalo Karolus Kopong Medan Kian, Darius A Klaran, Adriano Y Koten, Michael Lastrio, Yohana Lawa, Kezia Charlita Leo, Rudepel Petrus Manek, Ordianus Neno, Mario Panduwal, Bryan Pello, Jimmy Ramis, Teresia Avilla Rosalind Angel Fanggi Tulle, Kevin Christian Usfinit, Theresia Remeiliana Wilhelmus, Bhisa V Wilhelmus, Bhisa Vitus