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All Journal Jurnal Jatiswara AL-Ishlah : Jurnal Ilmiah Hukum Al-Ijtimā: Jurnal Pengabdian Kepada Masyarakat
Naatonis, Mathelda
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Other

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Pendampingan Hukum Terhadap Masyarakat Dalam Proses Restorative Justice Di Kepolisian Resort Kupang Kota Wewo, Jeremia Alexander; Naatonis, Mathelda
Al-Ijtimā': Jurnal Pengabdian Kepada Masyarakat Vol 5 No 2 (2025): April
Publisher : Lembaga Penelitian, Publikasi Ilmiah dan Pengabdian kepada Masyarakat (LP3M)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/aijpkm.v5i2.220

Abstract

Restorative justice is a theory in law to close the weaknesses in resolving conventional criminal cases, namely the repressive approach as implemented in the criminal justice system. The weakness of the repressive approach as a resolution to criminal cases is, among other things, that it is oriented towards retribution in the form of punishing and imprisoning the perpetrator, but even though the perpetrator has served his sentence the victim does not feel satisfaction. This service aims to find a solution to criminal cases that can be resolved through restorative justice. As a result of the dedication, a solution was found so that the criminal case was resolved using restorative justice, firstly, there was an apology from the suspect, secondly, the victim was willing to apologize to the suspect, thirdly, the victim was willing to resolve the problem through restorative justice, fourthly, there was compensation that the suspect had to give to victims, and fifth, there is a peace agreement.
Application Of The Ne Bis In Idem Principle By Judges To Civil Cases Alexander Wewo, Jeremia; Naatonis, Mathelda
JATISWARA Vol. 38 No. 3 (2023): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v38i3.544

Abstract

The purpose of the research is to analyze the judge's consideration so that case Number 268/Pdt.G/2021/PN.Kpg cannot be accepted because of ne bis in idem and to analyze the legal consequences of case Number 268/Pdt.G/2021/PN.Kpg which is declared ne bis in idem. Civil procedural law recognizes the principle of ne bis in idem which means that a case that has been decided by a judge and has permanent legal force cannot be resubmitted. The research method used is normative legal research which focuses on the law approach, concept approach, and case approach. The results of the study found that the basis for the consideration of declaring case Number 268/Pdt.G/2021 inadmissible due to ne bis in idem is that there are similarities in subjects, objects, legal relations, and courts and case Number 268/Pdt/2021/PN.Kpg has previously had a permanent legal decision and has a positive nature of the decision. The legal consequences of case Number 268/Pdt.G/2021/PN.Kpg which is declared ne bis in idem, namely first, the subject does not have legal standing to file a lawsuit against the same thing and the legal subject returns to its original state to obey the contents of the decision. Second, for the object, it cannot be re-filed in the same lawsuit and the legal object is legally valid. The suggestion given by the author is that there is a need for a basic understanding of ne bis in idem for parties who want or will file a lawsuit and there is a need to form a regulation that provides restrictions on cases that have ne bis in idem potential to not need to continue the examination until the subject matter.
Tanggung Jawab Balai Besar Konservasi Sumber Daya Alam dalam Pencegahan Perambahan Kawasan Hutan Konservasi di Nusa Tenggara Timur Mau, Ellon Belwan Cornelius; Naatonis, Mathelda
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.430

Abstract

This research aims to examine the relationship between the increase in encroachment on conservation forests and the classification of forests based on their ownership status, as well as assess the East Nusa Tenggara BBKSDA's responsibility in addressing conservation forest encroachment. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that land ownership claims, boundary disputes, and a lack of community understanding regarding conservation forest status are the primary causes of encroachment. Although the East Nusa Tenggara BBKSDA has taken various proactive steps to address conservation forest encroachment, the issue has not yet been fundamentally resolved. Therefore, it is recommended that the Local Government and East Nusa Tenggara BBKSDA take concrete measures to tackle the ambiguity of land ownership status, which is one of the root problems of conservation forest encroachment. These measures could begin with reviewing and updating data related to land boundaries and ownership status, followed by mediation between the government and the community to resolve border disputes fairly and transparently. Furthermore, it is essential for traditional institutions and local communities to actively participate in this process actively, utilizing local knowledge and traditions in determining fair and mutually recognized land boundaries. The Local Government and BBKSDA must also enhance efforts to socialize and educate the community about the importance of conservation forests, including the long-term benefits of forest conservation for environmental sustainability and the local economy. These efforts should be carried out through effective communication appropriate to the local cultural context so that the community can accept and value the importance of conservation forests.
Co-Authors Jeremia Alexander Wewo Mau, Ellon Belwan Cornelius