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UPAYA DAN HAMBATANNYA DALAM PENANGGULANGAN TINDAK PIDANA PORNOGRAFI MELALUI MEDIA SOSIAL TELEGRAM TERHADAP ANAK (STUDI KASUS WILAYAH HUKUM KEPOLISIAN DAERAH NUSA TENGGARA TIMUR) Palla, Tasya Sisilia; Leo, Rudepel Petrus; Kian, Darius A
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.v1i2.14069

Tujuan penelitian ini adalah (1) untuk mengetahui upaya penanggulangan tindak pidana pornografi melalui media sosial telegram terhadap anak diwilayah hukum kepolisian daerah Nusa Tenggara Timur, (2) untuk mengetahui hambatanya dalam penanggulangan tindak pidana pornografi melalui media sosial telegram terhadap anak diwilayah hukum kepolisian daerah Nusa Tenggara Timur. Penelitian ini merupakan penelitian hukum empiris yang berfungsi untuk mencari data dan informasi yang berkaitan dengan Hasil penelitian ini menunjukan (1) Upaya penanggulangan tindak pidana pornografi yang dilakukan oleh pihak kepolisian daerah Nusa Tenggara Timur dilakukan dengan 3 cara yaitu: (a) upaya preemtif, Dimana pihak kepolisian memberikan rasa aman dan nyaman kepada masyarakat yakni dengan melakukan patroli cyber, serta sosialisasi dan mengadakan workshop jumat ceria dimana agar pihak kepolisian Polda Nusa Tenggara Timur mendengarkan secara langsung keluh-kesah, komplein, pengaduan, maupun aspirasi masyarakat. (b) Melalui upaya prventif (pencegahan) upaya ini ditekankan meminimalisir kesempatan serta menghilangkan kesempatan untuk dilakukan kejahatan lainnya, seperti mengahapus (takedown) konten-konten bermuatan pornografi atau asusila, serta rehabilitasi terhadap korban ke Rumah Harapan GMIT Kuipang dimana Rumah Harapan GMIT Kupang merupakan unit pelayanan kamanusiaan di Kota Kupang, Nusa Tenggara Timur. (c) Upaya represif aparat penegak hukum yaitu kepolisian, kejaksaan, pengadilan dan lembaga permasyarakatan. Hambatannya dalam penanggulangan tindak pidana pornografi yang dilakukan oleh pihak kepolisian daerah Nusa Tenggara Timur antara lain: Penegak Hukum, Sarana atau Fasilitas, Keluarga, Korban, Pengumpulan Barang Bukti. Kata Kunci: Pornografi, Anak, Upaya Penanggulangan, Hambatan

FAKTOR PENYEBAB DAN IMPLIKASI YURIDIS PENGUNDURAN DIRI PANITIA PEMILIHAN KEPALA DESA MAHAL KECAMATAN OMESURI KABUPATEN LEMBATA Mole, Mathias; Tuan, Yohanes; Asnawi, Norani
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.v1i2.14084

One important aspect in the process of realizing simultaneous Village Head elections is the role of relevant institutions in carrying out Village Head elections. The institution referred to is the village head election committee at the village level. The election for the head of Mahal Village was marked by the resignation of the village head election committee. This research aims to find out the factors causing the resignation of the village head election committee and to find out the legal implications of the resignation of the election committee. Empirical legal research is a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The research results show that the resignation of the Mahal village election committee was caused by internal and external factors. Internal factors include: differences in perception regarding proof of immoral customary acts, deemed not comprehensive in carrying out the requirements research stage, the time limit for immoral acts is under the five years limit, not showing evidence of an open statement of not committing immoral acts, weak supervision by the village head election supervisory team. , does not impose administrative sanctions on prospective candidates suspected of committing immoral acts, threats from BPD Mahal and refusal to sign minutes, and resignation of candidates suspected of committing immoral acts. External factors include the absence of factual verification by the district, a vote of no confidence from the public, no guarantee of comfort for the election committee and their families and pressure from the victim. The juridical implications of the resignation of the Mahal village election committee include: the vacancy of the Mahal village head election committee, the phenomenon of a legal vacuum, the postponement of village head election activities at a later stage, and the formation of a new (replacement) election committee. The mechanism for the resignation of the village head election committee is not expressly included in the legal basis for the technical instructions for village head election. The Mahal Village Consultative Body formed a new (replacement) election committee based on instructions from the district level election committee with letter number B.U140/2031/Dinas PMD/X/2021 to carry out duties and responsibilities at the next stage.

PENYELESAIAN SENGKETA TAPAL BATAS ANTARA DESA SINAR HADING DAN DESA RIANGKOTEK DI KECAMATAN LEWOLEMA KABUPATEN FLORES TIMUR Kolin, Philipus Pandai; Stefanus, Kotan Y; Meyners, David Y
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.v1i2.14085

Blureed village boundaries can have a wider negative impact then just the potential for conflict between village because of the strategic and economic potential of a part of the region, such us the impact on social life and government administration and can event havepolitical impact,especially in border village. As happened in Lewolema District, Regency East Flores, there are still two village experiencing conflict regarding their village boundaries each. The method used in research is a descriptive method,namely: legal research that describes or depicts in detail the events or phenomena that occur at the research site. Futhermore, by using a qualitative approach, the aim is to present systematically factual and accurate data regarding the facts in the field that occurred in Lewolema District, East Flores Regency.The result of this research show that: The process of resolving the boundary disput between Sinar Hading village and Riangkotek village in Lewolema District, East Flores Regency has not yet reached a common groud because there is no agreement to resolve this boundary dispute. This can be seen from the prolonged debate between several communities from the two village. The effort taken by the East Flores Regency government to resolve this issue is by mediation. However, this effort has not yet reached a mutual agreement because the Riangkotek Village is still adamant and does not agree to the land. used as a boundary between Sinar Hading Village and Riangkotek Village. Factors inhibiting the resolution of boundary disputes in Lewolema District, East Flores Regency are: Human resources, in this case the lack of public understanding in these two village about the importance of the existence of law in conflict. The second inhibiting factor is the legal culture in Sinar Hading Village and Riangkotek Village, in this case the habits of making their own decisions in their resoective villages.

PELAKSANAAN FUNGSI BADAN PERENCANAAN PEMBANGUNAN DAERAH KABUPETAN TIMOR TENGAH UTARA DITINJAU DARI PERATURAN DAERAH KABUPATEN TIMOR TENGAH UTARA NOMOR 9 TAHUN 2008 TENTANG ORGANISASI DAN TATA KERJA BADAN PERENCANAAN PEMBANGUNAN DAERAH, INSPEKTORAT DAN LEM Feka, Gregorius Triyanto; Tupen, Rafael Rape; Udju, Hernimus Ratu
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.v1i2.14155

This study discusses two issues, namely: (1) To what extent is the implementation of the function of the Regional Development Planning Agency of North Central Timor Regency in terms of the Regional Regulation of North Central Timor Regency Number 9 of 2008 concerning the Organization and Work Procedures of the Regional Development Planning Agency, Inspectorate and Other Regional Technical Institutions of North Central Timor Regency? (2) What are the factors that are obstacles in the implementation of the functions of the Regional Development Planning Agency of North Central Timor District? The research method used is the empirical method, which is research conducted directly to related parties to obtain primary data directly from respondents. The data collection techniques used are: observation, interviews, and documentation. The results of research and discussion: (1) The implementation of the functions of the Regional Development Planning Agency (BAPPEDA) in terms of Regional Regulation Number 09 of 2008 concerning the Organization and Work Procedures of the Regional Development Planning Agency, Inspectorate and Other Regional Technical Institutions of North Central Timor Regency in the process of regional development planning in North Central Tmor Regency is through Village/Village level Development Planning Deliberations, District Development Planning Deliberation, and finally the District Government Work Plan Development Planning Deliberation where the aspirations and proposals of the community are as a determination of the formation of the Regional Long-Term Development Plan (RPJPD), Regional Medium Term Development Plan (RPJMD) and then make a Regional Apparatus Work Plan (RKPD), as a strategy used by BAPPEDA for development programs in North Central Timor District. (2) Inhibiting factors in the implementation of the function of providing support for the implementation of local government in the field of development planning and the function of guidance and implementation of tasks in accordance with the scope of Bappeda's duties in North Central Timor Regency. There are several obstacle factors such as: Aspects of Geography and Domography related to human resources, aspects of community welfare, aspects of public services, and aspects of regional competitiveness.

PENGATURAN PERUSAHAAN DAERAH AIR MINUM DALAM PENGELOLAAN AIR MINUM DI KOTA KUPANG Foenay, Jeniefer Gita Marchlina; Yohanes, Saryono; Ratu Udju, Hernimus
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.v1i2.14160

The current policy taken by the Government is an effort to expand the water network to reach Kupang City residents who are not yet connected to the Kupang City PDAM water network. The aim of conducting research: To find out and analyze the Drinking Water Supply System Management Arrangements at Regional Drinking Water Companies in Kupang City and to find out and analyze the Drinking Water Supply System Management Arrangement Factors at Regional Drinking Water Companies in Kupang City. To answer this problem, Normative Research was carried out which was supported by Empirical Juridical Research, namely, examining the real behavior of Regional Drinking Water Companies based on facts or realities obtained in the field for further research. The results of this research show that this research states that the Drinking Water Supply System (SPAM) was implemented to provide drinking water services to the people of Kupang City to meet drinking water needs, namely, the availability of drinking water services to fulfill people's rights to drinking water and the realization of water management and services. quality drinks at affordable prices. Based on research in the field, water leaks can reach more than 30.7% of the existing water supply (production). Determination of water needs is carried out by water leak analysis. The water leak reduction program needs to be improved so that the balance of service flow is not disturbed. The conclusion is that the arrangements for managing the Drinking Water Supply System at the Regional Drinking Water Company in Kupang City do not meet the proper standards, from management to distribution of Drinking Water, there are traffic jams in distribution and problems with several damaged pipes and inadequate service. Inhibiting factors for the Drinking Water Supply Management System, namely: Late payments, information that customers ignore.

PERJANJIAN PINJAM-MEMINJAM ANTARA BADAN DIAKONAT GEREJA DENGAN DEBITUR DI GEREJA KEMAH IBADAT AIRNONA Mata Ratu, Dinomax; Hedewata, Agustinus; Pello, Helsina Fransiska
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.v1i2.14175

In developing a business, a person needs capital assistance from other people who have capital and of course borrowing capital will give rise to a legal act which is based on the agreement of the parties in an agreement called a loan agreement which is commonly used in contract practice. The Airnona Tent of Worship Church itself is a church located on Jalan Kancil Number 33, Airnona Village, Kota Raja District, Kupang City. Where this church, prepares a revolving fund for micro businesses through the Church's diaconate body as program manager and runs this program with an agreement or agreement with certain conditions and in the process the returns are without interest. The main issues are as follows: (1) What is the loan and loan agreement system between the Diaconate Body as the creditor and the Congregation as the debtor at the Airnona Tabernacle Church? (2) What caused the breach of contract to occur between the parties at the Airnona Tent of Worship Church? (3) What countermeasures are used by the Diaconate body when there is a breach of contract (default) by a debtor at the Airnona Tent of Worship Church? The method used in this research is qualitative research, while using an empirical juridical approach. The data collection techniques used were interviews, observation and documentation. The aim of this research is to determine the loan agreement system used by the Church Diaconate Body with Debtors at the Airnona Tent of Worship Church. The research results show that the loan and borrowing agreement for revolving funds for micro businesses at the Tent of Worship Church has written procedures in the form of receipts, but the agreement is very simple and only includes basic information such as the name, address of the debtor, and the due date for refunding the funds without covering the rights aspect, obligations, or sanctions related to breach of agreement. The lack of effectiveness of the assessment team in analyzing data and selecting potential debtors, as well as the lack of regular supervision of each place of business, causes difficulties in dealing with debtors who experience difficulty in fulfilling payment obligations when their business conditions decline or experience bankruptcy. In dealing with problems, coping efforts are limited to verbal warnings, which are often not effective enough to overcome problems or encourage behavior change. The limited authority of Church institutions is also an obstacle, so that handling violations is limited to intensive collection efforts.

PERTANGGUNGJAWABAN PIDANA APARATUR SIPIL NEGARA (ASN) YANG MELAKUKAN TINDAKAN PEDOFILIA TERHADAP ANAK DI LINGKUNGAN SEKOLAH DASAR TIMOR TENGAH UTARA SERTA PERLINDUNGAN TERHADAP ANAK SEBAGAI KORBAN Manubulu, Cristin Octavia; Sinurat, Aksi; Fanggi, Rosalind Angel
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.v1i2.14189

Criminal responsibility means that every person who commits a criminal offense or against the law, as formulated in the law, then that person should be held accountable for his actions in accordance with his guilt. Criminal responsibility is determined after there is a criminal offense. To be held criminally responsible, a person must first prove that he has fulfilled all the elements of the criminal offense charged to him. This research is an empirical legal research, which examines and analyzes data obtained from the research location.This research was conducted at the Kefamenanu District Court. Data processing is carried out with data obtained both primary data and secondary data and analyzed based on the formulation of problems that have been applied. The results of this study indicate that (1) the perpetrator defendant fulfills the four conditions of criminal responsibility, namely the existence of a criminal act, the element of guilt, the existence of a responsible maker, there is no excuse so that he is punishable in Article 82 paragraph (2) of the Law of the Republic of Indonesia Number 35 of 2014 concerning amendments to the Law of the Republic of Indonesia Number 23 of 2002 concerning Child Protection Jo. Article 65 paragraph (1) of the Criminal Code, therefore the Chief Judge sentenced the defendant to 20 (twenty) years imprisonment and a fine of Rp.100.000.000,- (one hundred million rupiahs). (2) the protection of child victims is very important to ensure that their rights are fulfilled and they get proper justice by providing legal assistance or assistance from the police investigation to the court, which can be provided by the Consultation and Legal Aid Institute or institutions such as the Indonesian Child Protection Commission (KPAI) and the Witness and Victim Protection Agency (LPSK), conducting a post mortem at the hospital and laboratory examinations according to the direction of medical personnel and asking for psychologist assistance. Apart from the police, there are also institutions that cooperate in protecting victims, namely the Social Service Unit of the Indonesian Ministry of Social Affairs.

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.

PELAKSANAAN TUGAS DAN FUNGSI SATUAN BAKTI PEKERJA SOSIAL DALAM PENANGANAN PERMASALAHAN ANAK TERLANTAR DI KOTA KUPANG Fafo, Yuvani; Tuan, Yohanes; Nuban, Detji K. E. R.
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.v1i2.14343

Abandoned children are children whose needs are not met in a reasonable manner, whether physical, mental, spiritual or social in accordance with what is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection in Article 1 number 6 The aim of this research is to understand the implementation, functions and obstacles of the Social Worker Service Unit in handling the problem of abandoned children in Kupang City. The research method used is empirical research, namely through interviews, then the data is analyzed descriptively qualitatively. The research results show: (1) The duties of social workers can be carried out well by professional officers in accordance with Law Number 14 of 2019 concerning Social Workers. (2) Internal barriers, namely parental education and parents not understanding about children. Meanwhile, external obstacles include the scope of children's problems, coordination between SKPD, combining children's cases with other cases, lack of social worker service personnel and facilities for outreach to children. The researchers' conclusions are: (1) The implementation of duties and functions by the social worker service unit as liaison, educator, facilitator, mediator, counselor, through mentoring, counseling and family support has been carried out well by the social worker service unit. (2) The obstacles faced in carrying out the duties and functions of the social work service unit are internal obstacles and external obstacles. It is hoped that the government, especially social services, can carry out monthly monitoring of parents so that the funds distributed are used properly for children's needs and provide outreach to parents.

PELAKSANAAN TUGAS PEMERINTAH DAERAH KABUPATEN ROTE NDAO DALAM PENANGANAN FAKIR MISKIN BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2011 TENTANG PENANGANAN FAKIR MISKIN Yunatan, Venansia H; Meyners, David Y; Monteiro, Yosef M
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.v1i2.14376

Problem of the Poor is one of the most developing problem in Indonesia and always increase every years. Therefore The Law Number 13 of 2011 has been made as one of the regulation as the respond of the government in order to wellfare the poor plannedly, directly and sustainably. However, currently the Handling of the Poor has not been implemented properly according to the law. Based on this case, the following problem formulations can be formulated : (1) How far the the local government implementation in overcoming the problem of the Poor in Rote Ndao according to Law Number 13 of 2011 about the handling of the poor? (2) What is the factor that obstruct the government implementation to handling the poor in Rote Ndao? This research uses empirical legal research method with research based on direct observation and interviews in the field regarding the implementation of government duties in handling the poor. The data sources used are primary, secondary and tertiary data. The result of this research and discussion shows that : (1) The community gets assistance from the government but the distribution is not evenly distributed so that there are still people who have not received assistance, due to the lack of human resources so that data collection is still done manually. (2) The inhibiting factor is due to the community spending more time in the garden and the indication of kinship that occurs so that some families get continuous assistance and some do not. In order to handling the poor, the government have to be more conscientious in collecting data so the assistance to be provided is right on target and evenly distributed. The government must provide regular socialization about business opportunities and provide training according to the field so that the products produced will be better and increase employment opportunities that can help existing UMKM.

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Chatryen M. Dju Bire

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+6285338421918

Journal Mail Official
petitumlawjournal@undana.ac.id

Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location
Kota kupang,

Nusa tenggara timur

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Chatryen M. Dju Bire

Contact Email petitumlawjournal@undana.ac.id

Phone +6285338421918

Journal Mail Official petitumlawjournal@undana.ac.id

Editorial Address Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location Kota kupang, Nusa tenggara timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Chatryen M. Dju Bire

Contact Email
petitumlawjournal@undana.ac.id

Phone
+6285338421918

Journal Mail Official
petitumlawjournal@undana.ac.id

Editorial Address
Gedung A, Fakultas Hukum, Universitas Nusa Cendana, Penfui, Kupang, NTT, Indonesia

Location
Kota kupang,

Nusa tenggara timur

INDONESIA