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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Mahkamah: Jurnal Riset Ilmu Hukum
Daud Dima Tallo
Universitas Nusa Cendana
Law, Crime, Criminology & Criminal Justice Social Sciences

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Kecenderungan Penyelesaian Tindak Pidana Perzinahan Melalui Mekanisme Hukum Adat Manggarai di Desa Golo Wua Kecamatan Wae Ri’i Kabupaten Manggarai Cici Paramita Indah Ayu Tamara Bili; Karolus Kopong Medan; Daud Dima Tallo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3906

Abstract

The purpose of this research is to analyze the tendency of adultery crime settlement through Manggarai customary law mechanism in Golo Wua Village, Wae Ri'i Sub-District, Manggarai Regency. The research used in this thesis uses empirical juridical research methods or field research. The result of this research is that the community still upholds cultural values that bind the community to one another in the frame of family harmonization. The community also maintains the integrity of the family so that it uses customary law as a persuasive approach to maintain social relations. The community in Golo Wua Village has a limited economy and if they follow the formal legal process it can be a huge financial burden. The people of Golo Wua Village still hold tightly to the beliefs of their ancestors and most cases of adultery that occur there are also those who still have a close blood relationship between the two perpetrators so it is illegal if resolved by formal or national law and must be resolved using customary law. Suggestions are expected to the customary leader (Tua Golo) before imposing sanctions / fines on the perpetrators of adultery should be in accordance with the actions committed and can provide a deterrent effect in applying customary sanctions of traditional leaders and reaffirming the customary rules that have been agreed upon, then provide customary sanctions that minimize adultery cases.
Analisis Yuridis Tindak Pidana Judi Offline dan Tindak Pidana Judi Online di Kota Kupang Adi Putra Bolle; Bhisa V. Wilhelmus; Daud Dima Tallo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4292

Abstract

In East Nusa Tenggara (NTT) there are various types of gambling, ranging from offline gambling to online gambling. In the city of Kupang itself there are various kinds of gambling, starting from offline gambling, namely, kuru-kuru or throwing dice, rolling ball, cockfighting or cockfighting and bingo, as well as online gambling which is usually called lottery gambling or white coupons. In short, gambling itself is the action of a person or a number of people in risking a certain amount of money or objects in order to seek profit and includes all kinds of bets in the form of money or objects, either directly or indirectly, such as online payments via online applications or existing online sites to facilitate transaction. This research uses normative legal research methods sourced from data obtained in the form of legal rules, legal principles and legal doctrines to answer the problems studied. The research results show that the occurrence of gambling in Indonesia to date is one of the factors caused by the weaknesses in the regulations regarding criminal acts of gambling offline and online so that gambling in Indonesia is still very widespread.
Analisis Yuridis Dampak Overcapacity Lembaga Pemasyarakatan terhadap Pembinaan Warga Lapas Ditinjau dari Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan: Studi Kasus Lapas Kelas II B Ende Anjelina Wora Roi Wani; Daud Dima Tallo; Heryanto Amalo
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): October : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.209

Abstract

This study aims to find out and analyze the impact of the overcapacity of correctional institutions on the development of Class II Ende prison residents reviewed from Law No. 22 of 2022. This research uses a type of empirical juridical research by conducting field interviews with the Class II B Ende Prison and its Correctional Assisted Citizens, then conducting a study of literature materials by reading, studying, studying, and analyzing literature to develop an assessment related to the title of this thesis. The results of the study show that the impact caused by overcapacity affects the comfort of WBP due to congestion in residential spaces, affects the psychological well-being of WBP, the difficulty of WBP obtaining access to coaching in the independence development program, and also affects the level of security of WBP and Prison Officers, to overcome that the Class II B Ende Prison makes efforts by implementing matters related to regulations on coaching that stated in Law No. 22 of 2022 concerning Corrections, optimizing the effectiveness of alternative criminal penalties other than prison sentences and evaluating and continuing to develop coaching programs in prisons.
Pertanggungjawaban Pidana Bagi Anggota Militer Yang Melakukan Tindak Pidana Penganiayaan Secara Bersama-Sama Yang Mengakibatkan Luka Berat di Wilayah Hukum Pengadilan Militer III-15 Kupang : Studi Putusan Nomor 17-K/PM.III_15/Al/2023 Andini Zaskia Karim; Daud Dima Tallo; Heryanto Amalo
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 1 No. 4 (2024): October : Mahkamah:Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v1i4.220

Abstract

This study aims to find out and analyze criminal liability for military members who commit criminal acts of persecution together that result in serious injuries in the Jurisdiction of the Military Court III-15 Kupang. This research uses an empirical juridical approach, which is research whose data is obtained through efforts to investigate the reality in social life. The results of the study show that criminal liability in the Crime of Persecution committed by Military Members against civilians is resolved according to military disciplinary sanctions, namely temporary detention and administrative sanctions, and is also resolved by criminal sanctions, namely the Defendants are subject to 351 paragraph (2) Jo Article 55 paragraph (1) to 1 of the Criminal Code with a prison sentence of Defendant-1 for 1 (one) year and 2 (two) months, Defendant-2 for 10 (ten) months and Defendant-3 for 8 (eight) months is reduced as long as the Defendants are in temporary custody. The Judge's consideration in imposing a verdict on the criminal act of persecution against civilians based on decision number 17-K/PM. III_15/AL/2023 uses 2 (two) types of considerations, namely Juridical Balance, which is based on the indictment of the Military Inspector, the testimony of witnesses, the testimony of the defendants, and also the existence of several pieces of evidence, while the consideration of Non-Juridical considerations is based on matters that can be aggravated and things that can be mitigated.
Co-Authors Adi Putra Bolle Andini Zaskia Karim Anjelina Wora Roi Wani Bhisa V. Wilhelmus Cici Paramita Indah Ayu Tamara Bili Heryanto Amalo Karolus Kopong Medan