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All Journal Artemis Law Journal Petitum Law Journal
Manafe, Deddy R Ch
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS YURIDIS PENJATUHAN PUTUSAN OLEH HAKIM TERHADAP PELAKU PEMALSUAN E-KTP PEMILIHAN UMUM Kana, Nelci Duru; Leo, Rudepel Petrus; Manafe, Deddy R Ch
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.v3i1.21608

Abstract

This study examines the verdict in Case No. 105/Pid. Sus/2023/PN Kupang, in which Yan Quarius Bunga, a legislative candidate, was found guilty of falsifying an E-KTP to meet election requirements based on Article 520 of Law No. 7/2017 Concering on Elections and Article 55(1) of the Criminal Code. The judges highlighted the defendant's intent (dolus) and his position as a medeplegen (participant) in a structured scheme involving political elites, but imposed a light of 1 month probation and a small amount of fine, taking into account mitigating factors such as the defendant's cooperation and document revision. Critically, this verdict contradicts the maximum sanction stipulated by law, which is 6 years in prison, which has the potential to reduce the deterrent effect on election crimes. This study highlights the weaknesses of the system: (1) inadequate sanctions for organized crimes involving political actors, (2) failure to hold intellectual perpetrators (party officials) accountable, and (3) procedural errors, such as the return of the laptop used for falsification. Normative and empirical methods show tensions between retributive and restorative justice, with the verdict favoring rehabilitation over democratic integrity. The case reflects the paradoxical role of the judiciary in combating electoral fraud, highlighting the importance of coherent law enforcement to maintain public trust in democracy. Systemic legislative reforms to prevent identity fraud and strengthen electoral transparency are recommended, so that the democratic process does not become a mere administrative formality vulnerable to manipulation.
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 Dima, Adrianus Djara Ga, Jurondly Marcky Iverson Kana, Nelci Duru Leo, Rudepel Petrus