Dampak Overcrowding terhadap Narapidana Rumah Tahanan Negara Kelas IIB Ruteng
(Frederich Ramiga Seputra Gaut, Karolus K. Medan, Heryanto Amalo)
DOI : 10.55606/jass.v6i2.2089
- Volume: 6,
Issue: 2,
Sitasi : 0 10-Jun-2025
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| Last.11-Aug-2025
Abstrak:
Prison, is an institution whose existence is inseparable from law enforcement in Indonesia. Unlike prisons, Rutan functions as a temporary detention place for suspects or defendants who are undergoing the trial process. Currently, almost all prisons and prisons in Indonesia are experiencing an overcrowding crisis with an overcrowding rate. 92%. This condition is like a time bomb ready to explode. Extreme overcrowding in prisons and prisons has various negative impacts. Overcrowding in correctional facilities and prisons is a serious problem that must be overcome immediately. The impact is not only on the health and safety of residents, but also on the effectiveness of coaching and the state budget. This study aims to find out and discuss the impact of overcrowding on class IIB state prison inmates in Ruteng Regency. This research is an empirical legal research or empirical juridical research supported by a statuecause approach using primary data and secondary data collected using observation, documentation and interview techniques conducted with 33 informants. The data obtained was processed using editing techniques, data classification, data verification and description after which it was analyzed in a qualitative descriptive manner. The results of the study showed that (1) Overcrowding in Ruteng Class IIB Prison was caused by several interrelated factors. First, the limited capacity of Ruteng Detention Center. Second, the crime rate has increased in three districts. Third, the penal policy is not yet effective. Fourth, the low legal awareness of the public also plays a role in the increase in crime rates. (2) Overcrowding in Ruteng Class IIB Prison has a significant impact on inmates, especially in fulfilling their rights including the right to inmate health, the right to security, and the right to rehabilitation. Social coaching and reintegration programs cannot run effectively due to limited resources and space.
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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
Abstrak:
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 |
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
Abstrak:
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 |
Perlindungan Konsumen Dari Aspek Hukum Pidana Terhadap Peredaran Kosmetik Ilegal
(Deski Bertolens Tungga, Thelma S.M Kadja, Heryanto Amalo)
DOI : 10.62383/konstitusi.v2i1.398
- Volume: 2,
Issue: 1,
Sitasi : 0 13-Dec-2024
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| Last.24-Jul-2025
Abstrak:
According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit. This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).
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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
Abstrak:
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 |
Penerapan Sanksi Pidana terhadap Anak Sebagai Pelaku Tindak Pidana Penganiayaan di Kabupaten Belu
(Vinsensius Naiaki, Orpa Ganefo Manuain, Heryanto Amalo)
DOI : 10.59581/deposisi.v2i2.3041
- Volume: 2,
Issue: 2,
Sitasi : 0 26-Apr-2024
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| Last.02-Aug-2025
Abstrak:
Children are the nation's assets as the successors of the nation's founders to make the country a developed country. As the nation's successors, children must receive comprehensive and massive protection. In the Child Protection Law, it is stated that children need special protection in various situations. For children who are in conflict with the law, the State provides legitimacy in the hope of changing children's behavior and the involvement of many parties in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System or later known as the SPPA Law. The case taken by the author is a case where it is explained that a child in conflict with the law is a recidivist or has committed a repeat crime. Child recidivism is basically the same as recidivism in general, the difference is that the perpetrator here is a child. Repetition of criminal acts here means criminal acts committed by children, whether similar or dissimilar criminal acts, including criminal acts completed through diversion. It is explained that the case written is a case of repetition of criminal acts or recidivism committed by children of criminals. The legal process for the criminal act of abuse committed by Rui Vicente alias Aroni's child no longer takes the diversion route because the perpetrator's child is a recidivist. In this regard, child perpetrators are being processed in court by holding trials which are charged under Article 351 paragraph (1) of the Indonesian Criminal Code. UU no. 11 of 2012 concerning the Juvenile Criminal Justice System.
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2024 |
Kajian Kriminologis terhadap Kekerasan yang Dilakukan oleh Pasangan Kumpul Kebo: Studi Kasus di Wilayah Hukum Polres Manggarai Barat
(Yeremias Bagul, Heryanto Amalo, Rosalind Angel Fanggi)
DOI : 10.51903/perkara.v2i2.1841
- Volume: 2,
Issue: 2,
Sitasi : 0 06-Apr-2024
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| Last.23-Jul-2025
Abstrak:
Violence in cohabiting couples is a problem currently occurring in East Nusa Tenggara Province, West Mangarai Regency. Based on the results of research on July 3 2023 at the West Manggarai Police, the West Manggarai District Prosecutor's Office and the West Manggarai District Court found that there were 4 perpetrators in cases of violence in cohabiting couples. The main problem in this research is the factors that cause violence in cohabiting couples and efforts to overcome violence committed by cohabiting couples. This research is empirical legal research that examines all legal events that occur through a case approach. Data collection was carried out in two ways, namely interviews and document study. The data that has been obtained will then be presented in a qualitative descriptive manner. The research results show that (1) The factors that cause violence perpetrated by cohabiting couples are psychological, economic, environmental, the role of the victim and cultural factors. (2) Countermeasures carried out by the West Manggarai Police, the West Manggarai District Prosecutor's Office and the West Manggarai District Court. Therefore, suggestions for the results of this research are (1) It is recommended that men be able to treat their female partners as well as possible, (2) The parties are expected to understand each other's position as unmarried couples so that they are able to carry out their respective obligations. well. (3) For law enforcers and all parties who are obliged to be more enthusiastic in socializing cases of violence in the social environment in the West Manggarai jurisdiction.
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2024 |