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TINJAUAN KRIMINOLOGIS TERHADAP KEKERASAN DALAM RUMAH TANGGA YANG DILAKUKAN SUAMI TERHADAP ISTRI DI DESA TUNBAUN KECAMATAN AMARASI BARAT KABUPATEN KUPANG Fallo, Erasmus Putra Suria; Fallo, Debi F. Ng; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13356

What factors cause domestic violence by husbands against wives in Tunbaun Village, West Amarasi District, Kupang Regency? What are the efforts to deal with cases of domestic violence by husbands against wives in Tunbaun Village, West Amarasi District, Kupang Regency? To find out the factors that cause perpetrators to commit domestic violence in Tunbaun Village, West Amarasi District, Kupang Regency. To find out efforts to deal with perpetrators who commit domestic violence in Tunbaun Village, West Amarasi District, Kupang Regency. Based on the results of research and discussion. As the researcher explained in CHAPTER III previously, it can be concluded: The factors that cause domestic violence are individual factors, economic partners and environmental factors. There are two factors that cause domestic violence, namely internal factors and external factors. Internal factors are factors that concern the personality of the perpetrator of domestic violence. Meanwhile, external factors are factors outside the perpetrator of domestic violence. Such as economic difficulties, infidelity, the environment and so on. Based on the conclusions above, the suggestions that researchers can give are as follows: So that the government carries out outreach to married couples who are prone to cases of domestic violence in each sub-district, either directly or indirectly, and so that each married couple understands religious teachings correctly. , and pay attention to each of their respective obligations.

TINJAUAN KRIMINOLOGI TERHADAP KEJAHATAN PENCURIAN DENGAN KEKERASAN (STUDI KASUS DI WILAYAH HUKUM KEPOLISIAN RESOR KUPANG) Selan, Sari Angelina Ribka; Manafe, Deddy R. CH; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13358

This research uses empirical legal research methods using a case approach. The data sources used are primary, secondary data, and the technical data analysis carried out is descriptive qualitative. The results of this research can be seen that (1). Factors that cause violent theft are: (a). economic factors, (b). environmental factors, (c). Internal factors. (2). The public's reaction to the crime of theft with violence is fear, anxiety, ostracism from society towards the perpetrator, and ridicule. (3). The countermeasures carried out by the Kupang Police are repressive. It is recommended that the public become more familiar with the surrounding environment, especially interactions between fellow citizens and especially people they have just met. Also for the Police and the Government to work together in tackling violent crimes of theft that occur in society so as to create a sense of security and peace for people's lives.

FAKTOR PENYEBAB, FAKTOR PENGHAMBAT, DAN UPAYA PENANGGULANGAN TERHADAP TINDAK PIDANA PERJUDIAN SABUNG AYAM DI WILAYAH HUKUM KEPOLISIAN RESORT KUPANG KOTA Saekoko, Imri S; Leo, Rudepel Petrus; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13553

The crime of gambling is a form of crime known as a victimless crime because usually the relationship between the perpetrator and the victim does not show any consequences. And as a result of that, the perpetrator feels comfortable with the crime he has committed. At this time, the existence of cockfighting gambling is rife and even the impact is very detrimental to society both from an economic and spiritual perspective. Then the main problems can be formulated (1) What factors are the causes of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. (2) What factors hinder the Police in eradicating the crime of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. (3) What are the efforts of the Police in overcoming the criminal act of cockfighting gambling in the jurisdiction of the Kupang City Police Resort. Based on the results of research conducted by the author, it is known: (1) The factors that cause cockfighting gambling are environmental factors, local customs or cultural factors, weak factors in implementing religion, economic factors, weak law enforcement factors. (2)The factors that hinder the police in eradicating gambling crimes are internal factors and external factors. (3) Efforts to deal with the crime of cockfighting gambling in Kupang City are preventive and repressive efforts (investigation and arrest of perpetrators).

PERTIMBANGAN PENETAPAN HUKUMAN BAGI PENGGUNA NARKOTIKA DAN EFEKTIVITAS SERTA HAMBATAN-HAMBATAN YANG DIHADAPI DALAM PROSES PEMBINAAN PENGGUNA NARKOTIKA Pelle, Essa Felistya Naldy; Manafe, Deddy R. CH; Djara Dima, Adrianus
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.14318

Narcotics is an abbreviation of narcotics and drugs/dangerous substances which were originally intended for medical purposes or health services. Every year, around 15 thousand people die because of drug use. Based on data from the Directorate General of Corrections, as of September 2016, there were 24,914 narcotics users in prisons. This proves that the number of drug users increases quite rapidly every year. This research is empirical juridical legal research. The types and sources of data for this research are primary data and secondary data. Respondents in this research were court judges, heads of correctional institutions, officers and staff of correctional institutions. The data collection techniques used were field observations and interviews. The technique used in analyzing data is descriptive qualitative.The results of this research show that: (1) In determining punishment for narcotics users, the Kupang District Court has several considerations in imposing sentences, these considerations are: (a) Identification of convicts who use narcotics, (b) Type of narcotics, (c) History narcotics violations, (d) Involvement with drug dealers. (2) There are two Guidance Patterns implemented at the Kupang Correctional Institution in carrying out guidance for prisoners at the Kupang Correctional Institution, namely personality guidance and independence guidance. (3) Obstacles in the process of developing narcotics convicts faced by the Kupang Class II A Penitentiary, namely: (a) Lack of socialization from BNN and social rehabilitation (b) No rehabilitation from BNN (c) No guarantor of parole from prison.

KAJIAN HUKUM PIDANA TERHADAP PEDAGANG KAKI LIMA (PKL) YANG MENGGUNAKAN FASILITAS UMUM UNTUK BERJUALAN DI TAMAN BUNDARAN TIROSA KOTA KUPANG Liu, Daud Jonatan; Manafe, Deddy R. CH.; Djara Dima, Adrianus
Petitum Law Journal Vol 2 No 1 (2024): Petitum Law Journal Volume 2, Nomor 1, November 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i1.16297

The Kupang City Environment and Hygiene Service (LHK) and UPTD Park installed a sign prohibiting selling in the Tirosa statue roundabout area. Facts show that street vendors are still selling at the end of park and on the shoulders of roads. This research is empirical legal research that examines all legal events that have occurred through a case approach. Data collection was carried out by interview and document study. Tthe data is presented in a qualitative descriptive manner. The results of this research show that criminal law regulations for traders who use public facilities to sell have been regulated in Kupang City Regional Regulation 56 of 2002 concerning Regulation of Business Places and Development of Street Vendors in Kupang City. The application of criminal law for traders who use public facilities to sell at Tirosa Roundabout Park, Kupang City can involve several relevant legal aspects, depending on the type of violation committed. Punishments can take the form of administrative sanctions, fines, or even business closure. Therefore, a comprehensive and sustainable approach is needed to managing street vendors by Involving stakeholders, education, and designing supportive policies can create a more orderly and mutually beneficial environment for all parties.

KAJIAN KRIMINOLOGIS TERHADAP PEKERJA MIGRAN INDONESIA (PMI) DI KABUPATEN KUPANG YANG MEMILIH JALUR ILEGAL UNTUK BEKERJA DI LUAR NEGERI Putry, Zafira Amalia; Wilhelmus, Bhisa V; Djara Dima, Adrianus
Petitum Law Journal Vol 2 No 2 (2025): Petitum Law Journal Volume 2, Nomor 2, Mei 2025
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v2i2.20731

This research aims to analyze the factors that cause Indonesian Migrant Workers (PMI) in Kupang Regency to choose illegal routes to work abroad, the impacts experienced by illegal PMI if they become victims abroad, as well as countermeasures taken by the government to prevent PMI from choosing illegal routes. The research method used is empirical juridical with a case and conceptual approach. Data was collected through interviews, observation and document study. The research results show that the main factors for PMI choosing the illegal route are the faster and easier departure process, as well as their low level of education which makes them vulnerable to the persuasion of brokers. Illegal PMI do not receive the legal, economic, social and health protection that should be their right. The impacts experienced include violence, exploitation and lack of guarantees of safety. Mitigation efforts carried out by the government include promoting safe migration, collaborating with religious and community institutions, as well as increasing supervision and legal protection. The conclusion of this research is the importance of increasing public awareness about the risks of working through illegal channels and the need to improve the government's system of protecting and placing PMI. The advice given is for PMI candidates to ensure registration through legal channels to get proper protection.

Tinjuan Yuridis Terhadap Tindak Pidana Perdagangan Orang (Studi Kasus Putusan Nomor 178/Pid.Sus/2021/PN KPG) Bara, George Aldystra; Wilhemus, Bhisa Vitus; Djara Dima, Adrianus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22311

This research analyzes the juridical review of the crime of human trafficking, using the court decision Number 178/Pid.Sus/2021/PN KPG as a case study. The study focuses on two main aspects: (1) how criminal sanctions are applied to perpetrators of human trafficking, and (2) how the panel of judges considers legal reasoning in sentencing the perpetrator in this case. This research employs a normative-empirical juridical method. The data used are secondary data obtained through literature studies on relevant laws and court decisions.The findings show that the judge chose the third indictment to be applied to the defendant, which refers to Article 6 of Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking. The defendant was proven to have fulfilled all the elements of the crime. In their consideration, the panel of judges sentenced the defendant to five (5) years of imprisonment and ordered restitution of Rp500,000. However, the verdict reveals a discrepancy with Article 6 of Law Number 21 of 2007, which stipulates that imprisonment and fines are cumulative. In this case, the judge imposed only imprisonment without any fine. Therefore, in issuing a verdict, the panel of judges must thoroughly consider all aspects to avoid potential errors that could lead to injustice.

Upaya Penyelesaian Pembunuhan Akibat Sengketa Tanah Ulayat Melalui Mekanisme Hukum Adat Di Wilayah Adonara Kabupaten Flores Timur Peran, Maria Penaten; Medan, Karolus Kopong; Djara Dima, Adrianus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22409

This empirical legal research analyzes the causes and solutions to murder cases that occurred due to customary land conflicts in Adonara, East Flores, focusing on the dispute between Lewobunga and Lewonara Villages (2012) that has its roots since the 1930s. The findings show that there are five main causes: (1) unclear land boundaries caused by natural markers (such as trees or stones) that are not permanent, (2) differences in historical stories regarding ownership between the two villages, (3) lack of recognition of property rights from other parties, (4) inherited grudges that ignore the customary principle of tubak Belo (a duel that determines truth according to the religious values of Rera Wulan Tanah Ekan), and (5) low government involvement in mediation and boundary determination. Efforts to achieve resolution through customary law practices and the role of customary leaders as mediators are faced with various challenges: the community's belief that tubak Belo is a legitimate method, distrust of the formal legal system, and interference from outside parties. In conclusion, to achieve lasting peace, it is necessary to combine local wisdom (customs) with clear boundary enforcement by the government.

Kelalaian Penyelenggara Yang Mengakibatkan Kecelakaan Dalam Road Race (Balap Motor) Di Kota Atambua Kabupaten Belu Besi, Alexandro Mario Louise Saka; Manafe, Deddy R. CH.; Djara Dima, Adrianus
Artemis Law Journal Vol 3 No 2 (2026): Artemis Law Journal Vol.3, No.2, May 2026
Publisher : Law Faculty, Nusa Cendana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/alj.v3i2.22675

This research investigates the negligence of organizers that resulted in accidents during road race (motorcycle racing) events in Atambua City, Belu Regency. The study was prompted by a fatal incident during a practice session, where inadequate technical inspection led a participant to lose control and crash into spectators, causing severe injuries and one fatality. The aim is to examine the forms of negligence committed by organizers and their legal implications. Employing a socio-legal research method with an empirical juridical approach, data were collected through interviews and direct observation at the incident site. The findings reveal that the negligence included poor supervision of vehicle conditions, non-compliance with safety standards, and weak coordination—actions considered to violate legal norms. Legal enforcement involves investigation, administrative sanctions by regulatory bodies such as the Indonesian Motor Association (IMI), and the potential for criminal liability under Article 359 of the Indonesian Criminal Code (KUHP), which addresses negligence causing death or serious injury.

TINJAUAN HUKUM PIDANA TERHADAP MOTIF PEMALSUAN TANDA TANGAN DAN STEMPEL YANG DILAKUKAN PEJABAT DESA (STUDI KASUS DI DESA SAENAMA KECAMATAN RINHAT KABUPATEN MALAKA) Klau, Yohana Elma; Manafe, Deddy R Ch; Djara Dima, Adrianus
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.v3i2.22875

This study evaluates the criminal law perspective on the forgery of signatures and stamps committed by Saenama Village Officials, Malaka Regency, in 2022, to analyze the legal implications and criminogenic factors underlying the act of forgery committed by village officials. The method used in this study is an empirical approach by utilizing primary data through interviews and secondary data derived from legal documents. The research findings indicate that the forgery was carried out in order to take village funds illegally, and was triggered by internal factors such as personal motives, lack of knowledge of the law, abuse of power, and economic pressure, as well as external factors caused by weak supervision. Using a juridical-empirical approach, this study examines how the creation of fake documents, forged signatures, and counterfeit stamps reflects systemic weaknesses in local governance and legal accountability.This action not only violates Article 263 of the Criminal Code concerning forgery, but is also included in the category of corruption crimes based on the Corruption Law with broad impacts, namely losses to the state, disruption of village development, and reduced public trust. This study concludes that strengthening supervision mechanisms, enhancing legal education for village officials, and implementing transparent governance practices are essential strategies to prevent the recurrence of similar fraudulent acts.

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