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Penerapan Sanksi Adat dalam Penyelesaian Tindak Pidana di Desa Golo Poleng Kabupaten Manggarai Barat Elfrida Diana Salut; Karolus K. Medan; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5038

Abstract

This study aims to find out the process of applying customary law sanctions of Wunis Peheng in resolving the criminal act of persecution committed by police and TNI personnel against a resident in Golo Poleng village, Ndoso District, West Manggarai Regency. In addition, it also aims to find out whether the customary sanction of Wunis Peheng in resolving the crime of persecution can provide a sense of justice for residents. This research is categorized as empirical juridical research. The empirical juridical approach aims to analyze problems using legal materials related to problems that occur in the field. Data collection techniques are carried out by means of observation, interviews, and documentation studies. The data that is processed and analyzed based on the formulation of the problem that has been determined is then presented in a qualitative descriptive manner. The results of this study show that there are several stages in the process of applying customary sanctions of wunis peheng in the settlement of criminal acts of persecution, namely reporting cases of persecution to Tu'a Golo, summoning the parties involved in the persecution case, examination and verdicts of customary institutions, handing over Wunis Peheng from the perpetrator, Saying Traditional Prayers, Slaughtering ela (pigs). And several dimensions of justice in the provision of customary law sanctions, namely the rights of victims are fulfilled, restorative justice, and active participation of the community.
Analisis Perlindungan Hukum terhadap Penyimpangan Artificial Intelligence dalam Tindak Pidana Deepfake Pornografi Berdasarkan Hukum Pidana Maria Karunia Putri Maan; Heryanto Amalo; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 4 No. 1 (2025): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v4i1.5071

Abstract

The development of digital technology based on Artificial Intelligence (AI) has had a significant impact on society, including the emergence of new crimes such as deepfake pornography. Deepfake pornography is a form of AI misuse that creates fake pornographic content by manipulating a person's face into a video or image without consent. This phenomenon raises complex legal issues within the Indonesian criminal law system. This study aims to examine how Indonesian criminal law regulates AI deviations in the form of deepfake pornography and to assess the effectiveness of these regulations in providing legal protection. This research uses a normative approach with qualitative analysis methods and the theory of legal effectiveness as the analytical tool. The research findings indicate that AI deviations in the form of deepfake pornography are not specifically regulated in Indonesia's positive criminal law. The applicable regulations are still general in nature, scattered across several laws such as the Electronic Information and Transactions Law (ITE Law), Personal Data Protection Law, Pornography Law, Sexual Violence Criminal Act Law, Copyright Law, and the Criminal Code (KUHP), which do not comprehensively address the technological aspects and psychosocial impacts of this crime. Based on Soerjono Soekanto's theory of legal effectiveness, the existing regulations are not yet effective, as seen from the legal substance, law enforcement, legal facilities and infrastructure, community factors, and legal culture. Therefore, a responsive legal reform is needed to keep pace with digital technological developments, along with strengthening the capacity of law enforcement institutions.
Penerapan Hukum Pidana terhadap Pelaku Tindak Pidana Perjudian dalam Lomba Pacuan Kuda yang Melibatkan Anak: Studi di Kabupaten Sumba Timur Richard Hina Wunu Tenggu; Bhisa Vitus Wihelmus; Ngongo Dede
Atmosfer: Jurnal Pendidikan, Bahasa, Sastra, Seni, Budaya, dan Sosial Humaniora Vol. 4 No. 2 (2026): Mei: Atmosfer: Jurnal Pendidikan, Bahasa, Sastra, Seni, Budaya, dan Sosial Huma
Publisher : Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/atmosfer.v4i2.1897

Abstract

This study examines the implementation of criminal law against gambling practices in traditional horse racing involving minors in East Sumba Regency. The research employed an empirical legal method with a qualitative approach to analyze the application of criminal law and the factors influencing its enforcement. Primary data were collected through interviews with law enforcement officers, race organizers, gamblers, and children involved in horse racing activities, while secondary data were obtained from legislation, legal literature, and relevant documents. The findings indicate that criminal law enforcement has been carried out through both repressive and preventive measures, including law enforcement operations, legal awareness campaigns, and rehabilitation efforts involving the Correctional Center (BAPAS). However, its effectiveness remains limited due to strong cultural acceptance of gambling, inadequate law enforcement personnel, extensive supervision areas, low public legal awareness, and permissive social environments. The study further reveals that the involvement of customary leaders and local communities is essential to balancing cultural preservation with legal compliance and child protection. Therefore, strengthening inter-institutional collaboration, preventive legal education, and community participation is necessary to improve the effectiveness of criminal law enforcement while safeguarding children's rights in traditional horse racing events.
Tinjauan Kriminologis Terhadap Penipuan yang Dilakukan Oleh Prajurit TNI AU dalam Rekrutmen Penerimaan Tamtama PK TNI AU : (Studi Putusan Pengadilan Militer III-15 Kupang Nomor 1-K/PM.III-15/AU/I/2025) Cici Yuyun Pehi; Heryanto Amalo; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.8676

Abstract

This study aims to analyze the factors causing fraud committed by Indonesian Air Force personnel in the recruitment process of Tamtama PK TNI AU and the efforts to address such crimes. This research employs an empirical legal research method using criminological and juridical approaches. Data were obtained through literature review and analysis of relevant military court decisions. The findings indicate that fraudulent acts are influenced by both internal and external factors. Internal factors include deliberate intent and weak personal integrity of the soldiers in internalizing moral values, military ethics, and professional responsibility. Meanwhile, external factors involve opportunities arising from social trust relations, victim vulnerability, weak supervision, and social environmental pressures, including consumptive lifestyles that encourage the pursuit of instant financial gain. Crime prevention efforts are carried out through both repressive and rehabilitative approaches. The repressive approach is implemented through strict enforcement of criminal law and military discipline, while the rehabilitative approach focuses on mental and moral development of the offenders. The integration of these approaches is essential to maintain military integrity, protect the public, and preserve the credibility of the Indonesian National Armed Forces institution.
Analisis Perbedaan Hukuman terhadap Tindak Pidana Korupsi dan Tindak Pidana Pencurian Ditinjau dari Perspektif Kriminologi di Pengadilan Negeri Kota Kupang Aurelia Revalina Anaede; Rudepel Petrus Leo; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.8683

Abstract

This study aims to analyze the differences in the application of criminal law to corruption and theft cases at the Kupang District Court from a criminological perspective, and to identify factors influencing sentencing disparities. The research employs a combination of normative and empirical legal methods with a qualitative approach. Data were collected through literature review, analysis of court decisions, and interviews with judges as key informants. The findings reveal significant differences in the application of criminal law between corruption and theft cases, particularly in terms of legal basis, prosecution process, and judicial considerations in sentencing. Corruption is categorized as an extraordinary crime due to its broad impact on state finances and public trust, resulting in more complex handling and additional sanctions. In contrast, theft is generally influenced by socio-economic factors and is handled through conventional legal approaches. Sentencing disparities are influenced by juridical, sociological, and criminological factors, including offender characteristics, the impact of the crime, and judicial considerations of justice. The study concludes that although the principle of equality before the law is upheld, sentencing practices still demonstrate disparities that require evaluation to achieve substantive justice.
Mekanisme Penyelesaian Tindak Pidana Penganiayaan Menurut Hukum Adat Lamaholot di Adonara Kabupaten Flores Timur Natalia Tinsi Gita Sengaji; Karolus Kopong Medan; Ngongo Dede
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.9310

Abstract

This study aims to identify the reasons why the Lamaholot indigenous community in Adonara Island, East Flores Regency, prefers to resolve assault crimes through customary law and to understand the settlement mechanism applied in the community. This research employed an empirical juridical method with a case approach. Data were collected through interviews, observations, and documentation, then analyzed descriptively using a qualitative approach. The results indicate that the Lamaholot community prefers customary law settlement due to the high level of trust in customary leaders, the fast, simple, and low-cost settlement process, as well as the strong values of kinship and social harmony within the community. In addition, the community’s belief in the moral and spiritual power of customary sanctions strengthens compliance with customary decisions. The settlement mechanism consists of several stages, namely reporting the case to customary leaders, summoning the disputing parties, conducting customary deliberations, reaching a peace agreement, and implementing customary sanctions such as customary fines, sacrificial animals, and the traditional oath known as tuak lolon goka. This settlement pattern reflects a restorative approach because it emphasizes the restoration of social relations and reconciliation between the offender and the victim. The study also shows that Lamaholot customary law is relevant to the concept of restorative justice within the national legal system, although challenges remain regarding the harmonization between customary law and positive law in Indonesia.