Marisa Jemmy
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Pemenuhan Hak Pembebasan Bersyarat Narapidana Perempuan Dalam Perspektif Undang-Undang No. 22 Tahun 2022 Tentang Pemasyarakatan Marisa Jemmy; Gessia Ferandha
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The correctional system in Indonesia is a subsystem of the criminal justice system that serves to rehabilitate, protect, and facilitate the reintegration of prisoners so that they can return to society as responsible citizens. One of the rights stipulated in Law Number 22 of 2022 on Corrections is conditional release, which allows inmates to serve the remainder of their sentence outside correctional facilities under the supervision of correctional authorities. The research questions in this study are: First, how is the fulfillment of the right to conditional release for female inmates addressed under Law No. 22 of 2022 on Corrections? Second, what are the challenges in fulfilling the right to conditional release for female inmates under Law No. 22 of 2022 on Corrections? Third, what efforts can be made to overcome the challenges in fulfilling the conditional release rights of female prisoners from the perspective of Law Number 22 of 2022 on Corrections? The method used in this study is a normative legal approach with a regulatory and conceptual approach, using secondary data obtained through document analysis conducted qualitatively. The results of this study indicate that the fulfillment of conditional release rights is in accordance with the provisions of Law Number 22 of 2022, but in practice, it still faces several obstacles such as administrative delays, lack of guarantors, incomplete court documents, and overcrowding in correctional institutions. Efforts to address these challenges include strengthening coordination between correctional institutions, optimizing administrative services, disseminating regulations to inmates and their families, and enhancing the role of the community in accepting the reintegration of inmates. Thus, conditional release is not only a legal right but also a tool for social rehabilitation in line with the objectives of the Correctional System.
Pertimbangan Hakim Dalam Menjatuhkan Putusan Tindak Pidana Promosi Judi Online Melalui Media Sosial (Studi Putusan Nomor 498/Pid.Sus/2024/Pn Pdg) Marisa Jemmy; Ad Azizi
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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The advancement of information technology in the digital era not only brings positive impacts but also creates opportunities for technology-based crimes (cybercrime), one of which is the promotion of online gambling through social media. Online gambling has rapidly developed due to massive promotions on digital platforms, thus requiring firm and effective law enforcement. This phenomenon is reflected in Decision Number 498/Pid.Sus/2024/PN Pdg, in which the defendant was proven to have promoted an online gambling site through clothing attributes worn in a video uploaded on the TikTok social media platform. The problems examined in this study are as follows: first, how were the judge’s considerations in deciding the criminal case of online gambling promotion through social media in Decision Number 498/Pid.Sus/2024/PN Pdg; and second, how was the evidentiary process applied in proving the criminal act of online gambling promotion through social media in the said decision. This research employs a normative legal research method with a descriptive nature, using library research as the data collection technique. The collected data were processed through editing and coding techniques and analyzed qualitatively. The results of the study indicate that the evidentiary system applied in Decision Number 498/Pid.Sus/2024/PN Pdg is the negative statutory proof system (negative wettelijk).The court found that the defendant was lawfully and convincingly proven to have committed the criminal act by fulfilling the elements of Article 45 paragraph (3) in conjunction with Article 27 paragraph (2) of Law Number 1 of 2024. The judge’s considerations were based on juridical, philosophical, and sociological aspects, including the defendant’s cooperative attitude and expression of remorse. However, the imposed sentence is considered disproportionate and insufficient to create a deterrent effect, as it is significantly lighter than the statutory provisions and the public prosecutor’s demands.
Perlakuan Khusus Terhadap Narapidana Lanjut Usia Bidang Kesehatan Pada Lembaga Pemasyarakatan Marisa Jemmy; Okfa Amin Wendra
Normative Jurnal Ilmiah Hukum Vol 12 No 2 (2025): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31317/normative.v12i2.1140

Abstract

Prisoners in correctional institutions not only consist of young and adult detainees and convicts, but also elderly people. In Article 2 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 32 of 2018 concerning Treatment of Prisoners and Elderly Prisoners, it is stated that special treatment for elderly prisoners or convicts aims to meet the needs of elderly prisoners or convicts so that they can maintain their physical, mental and social abilities. Special Treatment is an effort aimed at providing easy services to help the elderly recover and develop themselves in order to increase their level of social welfare. The formulation of the problem in this research is: first, how is special treatment implemented for elderly prisoners in the health sector in correctional institutions and second, what are the obstacles in implementing special treatment for elderly prisoners in the health sector in correctional institutions. The method used in this research is Sociological Juridical which is descriptive in nature while the data used is primary data and secondary data as well as data collection techniques using field studies, namely library studies, interviews and observations, which are processed using editing and coding processes, then analyzed qualitatively. In reality, the implementation of special treatment in the health sector for elderly prisoners at the Class IIB Solok Correctional Institution has not been implemented well, such as a shortage of medical personnel, the absence of nutritionists and dietitians, a lack of daily equipment, and separate special residential rooms.
Pelaksanaan Peraturan Jaksa Agung Nomor Per-005/A/Ja/03/2013 Tentang Standar Operasional Prosedur Pengawalan Dan Pengamanan Tahanan Di Wilayah Hukum Kejaksaan Negeri Padang Marisa Jemmy; Eliza Octa Khairani
Normative Jurnal Ilmiah Hukum Vol 14 No 1 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

The escort and security of detainees is an important part of the law enforcement process, particularly at the prosecution and trial stages. To ensure the orderly implementation of these duties, the Attorney General has established Attorney General Regulation Number Per-005/A/JA/03/2013 concerning Standard Operating Procedures for Escorting and Securing Detainees. However, in practice, the implementation of this regulation still faces various obstacles, especially in work units with high caseloads and high numbers of detainees, such as the Padang District Attorney's Office. The problems examined in this research include: first, how is the implementation of Attorney General Regulation Number Per-005/A/JA/03/2013 concerning Standard Operating Procedures for Escorting and Securing Detainees in the jurisdiction of the Padang District Attorney's Office; second, what obstacles are faced in implementing this regulation; and third, what efforts are made to overcome these obstacles. In line with these problems, the purpose of this study is to determine and analyze the implementation of the Standard Operating Procedure (SOP) for escorting and securing prisoners, identify obstacles that arise in practice, and formulate efforts made by the Padang District Attorney's Office to optimize its implementation. This study uses a sociological juridical approach with a descriptive research nature. The data used consists of primary and secondary data. Primary data was obtained through direct interviews with authorized Padang District Attorney's Office officials involved in escorting and securing prisoners, while secondary data was obtained through a literature review of laws and regulations, official documents, and relevant legal literature. The collected data was then analyzed qualitatively using inductive reasoning. The results indicate that, normatively, the Padang District Attorney's Office has adopted Attorney General Regulation No. Per-005/A/JA/03/2013 as the primary guideline for implementing prisoner escort and security. However, empirically, its implementation has not been optimal. The main obstacles identified include the limited number of prisoner escort personnel, inadequate facilities and infrastructure such as prison vehicles, handcuffs, and prisoner uniforms, and the high number of prisoners required to be escorted each trial day. These conditions have the potential to increase the risk of security disturbances, including the possibility of prisoner escape. Efforts to address these obstacles include improving coordination with the police regarding escorts, implementing situational task allocations, and optimizing supervision during the trial process. Nevertheless, this study concludes that increased human resource support and infrastructure are needed to ensure the implementation of SOPs for prisoner escort and security and ensure a safe, orderly, and just trial