Upaya Penanggulangan dan Pertanggungjawaban terhadap Pelaku Tindak Pidana Pedofilia dalam Perspektif Keadilan di Desa Oesena, Kecamatan Amarasi, Kabupaten Kupang
(Eleonoris Agusto Parera, Reny Rebeka Masu, Rudepel Petrus Leo)
DOI : 10.55606/jass.v6i1.2117
- Volume: 6,
Issue: 1,
Sitasi : 0 20-Jun-2025
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| Last.13-Aug-2025
Abstrak:
Tackling pedophilia crimes often faces serious obstacles, especially when the perpetrator has a high social status or strong influence in society. This condition often hampers the law enforcement process, because it is difficult to hold the perpetrator criminally accountable fairly. This research is an empirical legal research by conducting interviews and observing examination files and related documents.The results of this study indicate that: (1) efforts to combat pedophilia crimes that occurred in Oesena Village have not been optimal due to weak coordination between parties. The police are overwhelmed in handling similar cases, while legal aid institutions can only provide assistance without full legal authority, even though they try through social media. As a result, the victims have not received legal justice. (2) the accountability of perpetrators of pedophilia crimes seen from the aspect of justice has not been fulfilled, both legally and socially. Legally, the perpetrators have not received appropriate punishment. This shows that the perpetrators have not been truly held accountable for their actions fairly.
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2025 |
Tinjauan Viktimologi Tindak Pemerkosaan oleh Ayah terhadap Anak Kandung di Kota Kupang
(Andini Raehun Putri Sidin, Heryanto Amalo, Rudepel Petrus Leo)
DOI : 10.55606/jurrish.v4i2.4980
- Volume: 4,
Issue: 2,
Sitasi : 0 20-May-2025
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| Last.13-Aug-2025
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Kupang City is the capital of East Nusa Tenggara province which is inseparable from the case of rape of a father against a biological child. There are several cases including a minor being a victim of sexual violence. Tragically, a student of a junior high school in Kupang became a victim of rape committed by her biological father. The case of adultery committed by the father to his biological child was handled by the PPA Unit of the Kupang City Police Satreskrim in 2019. The results of this study show that (1) the causative factor for children as victims of rape by biological fathers in Kupang City is the influence of lack of religious understanding in the family environment that causes the perpetrator to commit crimes. The actions carried out by the perpetrator were carried out repeatedly without thinking about the mental and physical influence of the victim. For this reason, it is hoped that religious understanding can be applied in the family environment so that it becomes a moral benchmark for one's life as well as the cases researched by the author. (2)) The impact on children as victims of rape by biological fathers in Kupang City is the physical and social impact experienced by the victim after the incident that befell the victim. (3) Legal Protection Efforts for Children as Victims of Rape by Biological Fathers in Kupang City In particular, Indonesia has its own law regarding the protection of children, namely Law Number 23 of 2004 concerning Child Protection. In Articles 81 and 82 of the Law on Child Protection, it is stipulated that the perpetrator of sexual abuse of children is sentenced to a maximum of 15 years in prison.
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2025 |
Kebijakan Hukum Pidana terhadap Penyalahgunaan Narkotika Jenis Baru
(Fernando Seran, Jimmy Pello, Rudepel Petrus Leo)
DOI : 10.55606/jurrish.v4i1.5068
- Volume: 4,
Issue: 1,
Sitasi : 0 31-Jan-2025
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| Last.13-Aug-2025
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Narcotics are substances that cause certain effects for those who use them and put them into their bodies. Along with the development of the times, the types of drugs are increasing and have various variations. One example of a new type of drug is gorilla tobacco. Criminal Law Policy Against New Types of Narcotics Abuse. This study uses a normative juridical research type with a Philosophical approach, Criminal Law Political Approach, legislation, case approach and examines the contents of various legal sources, both books, journals and other related legal sources to answer the aspects that are the focus of the research. The results of this study indicate that in 2022 31,420 incidents were caused by an increase in the abuse of new types of narcotics (New Psychoactive Substances) which in previous years were not registered in the appendix to Law Number 35 of 2009, this caused a Legal Vacuum regarding the New Type of Narcotics. In addition, the author also analyzes the law enforcement against new types of narcotics (gorilla tobacco) in a review of Law Number 35 of 2009 concerning Narcotics and the form of criminal responsibility carried out by perpetrators of gorilla tobacco abuse in the decision of the District Court Number 32/Pid.sus/2021/PN Rtg.
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2025 |
Analisis Hukum Pidana terhadap Kasus Korupsi Pengadaan Barang dan Jasa
(Antonius Candra Mudakh, Debi F. Ng Fallo, Rudepel Petrus Leo)
DOI : 10.55606/jurrish.v4i1.5091
- Volume: 4,
Issue: 1,
Sitasi : 0 30-Jan-2025
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| Last.11-Aug-2025
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This study aims to analyze the criminal law liability of the perpetrators in the case of corruption in the procurement of red onion seeds in Malaka Regency based on four decisions of the Kupang District Court: Decision of the KUPANG District Court Number 39 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 40 / Pid.Sus-TPK / 2023 / PN Kpg, Decision of the KUPANG District Court Number 41 / Pid.Sus-TPK / 2023 / PN Kpg, and Decision of the KUPANG District Court Number 42 / Pid.Sus-TPK / 2023 / PN Kpg. This study uses a normative legal approach supported by empirical data through interviews with advocates, prosecutors, and judges. The results of the study indicate that the elements in Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has been cumulatively fulfilled in this case, namely the abuse of authority, state financial losses, and benefits for oneself or others. The application of the article to all defendants is considered legally valid, but in practice it does not fully reflect substantive justice because the roles and levels of involvement are not distinguished proportionally. The judge's decision and the prosecutor's indictment are considered consistent in normative aspects,but still leave challenges in terms of assessing the burden of proof and classification of criminal responsibility. This finding recommends the importance of evaluating the criminalization system, strengthening the capacity of procurement officials, and updating policies that distinguish between administrative errors and criminal acts of corruption.
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2025 |
Perlindungan Hukum Dan Pemenuhan Hak Korban Dalam Kasus Kecelakaan Lalu Lintas Yang Menyebabkan Korban Meninggal Dunia
(Rinaldy Herchion Asanab, Rudepel Petrus Leo, Heryanto Amalo)
DOI : 10.62383/konstitusi.v2i1.397
- Volume: 2,
Issue: 1,
Sitasi : 0 13-Dec-2024
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| Last.24-Jul-2025
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Traffic accidents resulting in fatalities in Kupang City based on BPS Kupang City data series have increased in the period 2020-2022. In general, traffic regulations are regulated by Law No. 22 of 2009 on Road Traffic and Transportation. Victims who die due to road accidents have rights that must be fulfilled and passed on to their heirs. For this reason, legal protection of the rights of victims who die as a result of traffic accidents is necessary. This research uses empirical legal research, namely legal research that functions to examine how the law works in a community environment, in this case conducted at the Kupang District Court Class 1. Data collection techniques are carried out through interviews, observation and documentation and then analyzed descriptively and qualitatively. The results showed that: (1) The fulfillment of the rights of victims of death in cases of traffic accidents in Kupang City, is in accordance with applicable laws and regulations if through legal channels, while in practice are used more family channels, so that the rights of victims are neglected. (2) The ideal form of legal protection for victims of death in cases of traffic accidents in Kupang City is repressive, namely: a) criminal sanctions, b) compensation, and c) government compensation.
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2024 |
Penegakkan Hukum Terhadap Tindak Pidana Perundungan dalam Dunia Maya (Cyberbullying) di Kota Kupang
(Michele Gisela Dubu, Rudepel Petrus Leo, Orpa Ganefo Manuain)
DOI : 10.62383/presidensial.v1i4.355
- Volume: 1,
Issue: 4,
Sitasi : 0 02-Dec-2024
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| Last.27-Jul-2025
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The world has entered the era of modernization and affects increasingly sophisticated technology and information, but this has resulted in many individuals who abuse the internet as a means of committing crimes, one of which often occurs is cyberbullying or (cyberbullying). The crime of cyberbullying has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the ITE Law and the Criminal Code (KUHP) which is elaborated to become the basis for authorized law enforcement in enforcement efforts. This research is an empirical juridic research. The location of the research in the East Nusa Tenggara regional police area, the data collection method is by interviews, documentation studies and observations. The collected data is then analyzed and then presented in a qualitative descriptive manner. The results of the research on law enforcement through 2 stages, among others, preventive efforts and repressive efforts, then inhibiting factors in law enforcement, among others, limited budget and tools for investigation and investigation so that it is difficult to find evidence if the perpetrator uses a fake account without personal data or phone number, besides that Article 74 of the Criminal Code has regulated the expiration of the complaint offense so that the victim must immediately report the crime he has experienced. As for the suggestion, it is hoped that the consistent active role of law enforcers to socialize rules and ethics in the use of social media and maximize law enforcement efforts for perpetrators of criminal acts to the court stage. The government can make a special formula related to the expiration of complaints for cyberbullying cases in the ITE Law. It is hoped that the public will have a high legal awareness in the use of social media so as to prevent criminal acts committed through cyberspace.
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2024 |
Faktor Penyebab dan Upaya Penanggulangan Disparitas Putusan Bagi Pelaku Tindak Pidana Kekerasan Seksual di Wilayah Hukum Pengadilan Negeri Kelas I A Kupang
(Maryo Jaxel Mabilehi, Rudepel Petrus Leo, Heryanto Amalo)
DOI : 10.62383/terang.v1i4.616
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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The judge's decision is a vital aspect needed to resolve criminal cases. The judge's authority and power are so great in deciding cases that result in disparities in verdicts in cases where the weight of the crime is the same, namely cases of sexual violence against children. This research is an empirical juridical research, so the data sources used are primary data sources, secondary data sources and tertiary data sources. Primary data sources are obtained through the results of research in the field, secondary data is obtained through literature, laws, and other literature, and tertiary data is obtained through dictionaries, mass media, and the internet. The data were analyzed in a descriptive-qualitative manner. The results of the study show that: (1) the factors that cause the disparity in punishment for perpetrators of sexual violence are internal factors and external factors of judges. (2) efforts to overcome disparities in the verdicts of sexual violence crimes which include repressive efforts and preventive efforts.
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2024 |
Tinjauan Yuridis terhadap Penggunaan Handphone saat Berkendara oleh Pengemudi Kendaraan Bermotor yang Membahayakan Pengguna Jalan Lainnya di Kota Kupang
(Evarina Enjeli Patrisia Mau, Rudepel Petrus Leo, Darius Antonius Kian)
DOI : 10.62383/konstitusi.v1i4.176
- Volume: 1,
Issue: 4,
Sitasi : 0 07-Oct-2024
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| Last.02-Aug-2025
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The purpose of this study is to analyze the juridical review of the use of mobile phones while driving by motor vehicle drivers who endanger other road users in Kupang City. This research is an empirical juridical research in which this research is carried out in the Kupang City Resort Police Law Wilaya. This research uses interview guidelines for thirty-four sources. The results showed that law enforcement against motor vehicle drivers who use cellphones while driving. The inhibiting factors for the police in law enforcement against motor vehicle drivers who use cellphones while driving in Kupang City are internal and external factors. The efforts of the police in tackling cases of motorized vehicle drivers who use cellphones while driving in Kupang City are by strict enforcement, personal approach and conducting evaluations.
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2024 |
Perbandingan Pertanggung-jawaban Pidana terhadap Pelaku Perzinahan Berdasarkan Hukum Pidana Islam Ditinjau dari Perspektif Qanun Aceh Nomor 6 Tahun 2014 dan Hukum Pidana dari Perspektif KUHP
(Ananda Kasmarani Sumby, Rudepel Petrus Leo, Sigit Prabowo Sonbait)
DOI : 10.55606/eksekusi.v2i4.1526
- Volume: 2,
Issue: 4,
Sitasi : 0 04-Oct-2024
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| Last.13-Aug-2025
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Adultery in Indonesia is discussed from two legal perspectives: Islamic Law (Qanun Jinayah) and Criminal Law from the perspective of the Criminal Code (KUHP). Each has different approaches and rules in regulating criminal liability for adultery. Adultery is considered a betrayal of marriage. The perpetrator of adultery is considered to have abused the trust of his/her spouse and violated the sacred promise of marriage. The type of research the author uses is normative juridical research (library research). This research is also called a document study conducted by examining legal materials by examining theories, concepts and laws and regulations related to this writing through literature studies. The purpose of this research is to understand and develop knowledge about the concept of adultery in Islamic criminal law and to study how the comparison of responsibility for adultery offenders in Islamic criminal law and Indonesian criminal law. The results showed that the punishment contained in Qanun Aceh Number 6 of 2014 is flogging. While Article 284 of the Criminal Code complaints must be made before the expiration of the prosecution period, which is six months from the time the husband or wife finds out about the adultery. Because in addition to the perpetrator of adultery getting a maximum imprisonment of nine months, he can also be subject to a maximum fine of Rp 15,000,000.
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2024 |
Faktor-Faktor Penyebab dan Kendala-Kendala yang dihadapi dalam Pemberian Bantuan Hukum Nonlitigasi Penyuluhan Hukum Lembaga Bantuan Hukum Kepada Kelompok Orang Miskin di Kota Kupang
(Ibrani Arianto Dite, Rudepel Petrus Leo, Bhisa Vitus Wilhelmus)
DOI : 10.62383/demokrasi.v1i4.536
- Volume: 1,
Issue: 4,
Sitasi : 0 30-Sep-2024
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| Last.24-Jul-2025
Abstrak:
study aims to find out and analyze the factors that cause legal aid institutions to not be verified as legal aid institutions to the poor and the obstacles faced by legal aid institutions in providing non-litigation legal aid in the form of legal counseling to the poor obtained through interviews and observations and empirical juridical, namely those obtained through interviews and literature research. The results of the study show: (1) the factors that cause legal aid institutions to not be verified as legal aid institutions to the poor include: legal factors, law enforcement officials, infrastructure factors, community factors and cultural factors (2) obstacles faced by legal aid institutions in providing non-litigation legal assistance in the form of legal counseling to the poor, which include: internal factors and external factors.
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2024 |