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Saimima, Judy Marria
Fakultas Hukum Universitas Pattimura, Ambon
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Journal : PATTIMURA Law Study Review

 1 
Penanganan Tindak Pidana Penyalahgunaan Narkotika Yang Dilakukan Oleh Oknum Kepolisian Matheis Randy Mustamu; Juanrico Alfaromona Sumarezs Titahelu; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.9970

Abstract

The police as executors and law enforcers have the duty to maintain security within the Republic of Indonesia and are given the authority to prevent and eradicate criminal acts. The purpose of this study is to examine and analyze law enforcement against police officers who commit criminal acts of narcotics abuse. This research is a normative juridical research, using a statutory approach, a conceptual approach, and a case approach. Regarding members of the police who abuse narcotics, these members of the National Police will have cases and undergo two types of judicial processes, namely general courts (criminal justice processes for members of the Indonesian National Police are generally carried out according to the procedural law that applies in general courts). The second is a disciplinary offender, and the third is a disciplinary rule. This disciplinary regulation is implemented when a court decision that has permanent legal force is then used as evidence to Propam regarding the violation committed. Based on Circular Letter Number: SE/9/V/2021 Concerning Standard Guidelines for Enforcement of Violations of the POLRI Professional Code of Ethics, namely Drug Abuse including Serious Violations can be recommended for Disrespectful Dismissal (PTDH), because drug violations are extraordinary crimes and become a common enemy that can damage the nation's generation, so it must be eradicated. Regarding members of the police who abuse narcotics, these members of the National Police will have cases and undergo two types of judicial processes, namely general courts (criminal justice processes for members of the Indonesian National Police are generally carried out according to the procedural law that applies in general courts).
Penyalahgunaan Karya Cipta Buku Novel Melalui Media Internet Holdrin Nahumury; Nancy Silvana Haliwela; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10847

Abstract

The Copyright Law and the Civil Code regulate the provision of protection for the rights of a person to protect a work of creation from the actions of other people who violate a person's copyright and cause harm to the creator/owner of a work of creation, but in reality until now there are still many violations of the copyright of novel books that are published through internet media which cause harm to the creator. Purposes of the Research For reviewing and misusing copyrighted works of books through internet media can be criminalized. and To study and explain how the form of compensation for misuse of copyrighted works of books in the civil aspect. and As one of the requirements in completing undergraduate studies (S1) at the Faculty of Law, Pattimura University, Ambon. The research method used is Normative Juridical, Type of research is Descriptive Analytical, Sources of legal materials: Primary, Secondary and Tertiary, Techniques for collecting legal materials using Literature Study, Analysis of legal materials using Qualitative method. The results of this study are Misuse of copyrighted works through internet media can be criminalized based on legal provisions Article 35 of Law Number 11 of 2008 concerning Information Technology and Communication (UU ITE) and Article 113 paragraph 1, paragraph 2, paragraph 3 and paragraph 4 of Law Number 28 of 2014 concerning Copyright (UUHC). And The form of compensation for the misuse of copyrighted works based on IPR and the Civil Code is by making compensation in the form of an amount of money paid to the owner of the copyrighted work and can be done through a request to the Commercial Court or the District Court related to Copyright infringement or Unlawful Acts as a result of misuse of copyrighted works through the internet media.
Penegakan Hukum Terhadap Perjudian Togel Online Pada Polres Maluku Tengah Taufik Sabenjara Kalidupa; Sherly Adam; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10894

Abstract

ABSTRACK: This study aims to discuss Law Enforcement Against Online Togel Gambling at the Central Maluku Police and efforts to deal with online lottery gambling at the Central Maluku Police. The type of research used is empirical juridical research. Central Maluku Police research location. Population, sample and respondents Polres Investigators of Central Maluku Regency and 5 community members. Data sources are primary data and secondary data. Legal material collection techniques through interviews and documentation studies. Data processing techniques through editing and qualitative data analysis techniques. The results of this study indicate that the role of the Central Maluku Police in enforcing the law against online lottery gambling at the Central Maluku Police has been carried out in accordance with statutory provisions, but in carrying out law enforcement against online lottery gambling the role of the Police is still there are factors that influence law enforcement against online lottery gambling at the Central Maluku Police, including the legal factor itself or the law, factors of law enforcement officials, factors of facilities and infrastructure, community factors and servers placed in countries where gambling is legalized. Efforts to deal with online lottery gambling were carried out by the Central Maluku Police through preventive and repressive efforts. Preventive efforts include providing advice and counseling or outreach to schools and the community regarding online gambling and providing knowledge of the dangers and losses that can be obtained when carrying out online gambling. Repressive efforts include imposing sanctions on online tigel gambling actors by applying Article 303 and/or 303 bis of the Criminal Code and Article 27 paragraph (2) and Article 45 of the Electronic Information and Transaction Law.
Perlindungan Hukum Pidana Terhadap Doxing Menurut Undang-Undang Informasi Dan Transaksi Elektronik Intan Saripa Uweng; Hadibah Zachra Wadjo; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10897

Abstract

ABSTRACT: Doxing is a deliberate public announcement through Internet media concerning one's personal data information by another without the consent of the data owner himself, whose purpose is to embarrass, threaten, intimidate or punish the individual identified, but doxing deeds are often performed in the digital era today that makes people feel they no longer have privacy. And doxing or cyberattacks by doxer (perpetrator of doxing) or cyberattacks were performed for the sake of satisfaction or personal gain that could harm doxing's victims themselves. The purpose of the study is to discuss the elements of doxing's criminal actions according to the information laws and electronic transactions and how the legal protection of doxing victims was provided by the information laws and electronic transactions. This research is a normative juridical research conducted with legislation approach, conceptual approach and case approach. The crime caused by the ease of person in accessing the internet is called cybercrime, one of the evils included in cybercrime is doxing. Doxing or online deployment of information with cyberstalking and cyberbullying shapes where personal person's personal information is searched and shared, thus violating their privacy and leading to further harassment. Doxing has elements: everyone, against the law, attacking someone's honor, alleging something to know common, in electronic forms and or electronic documents, and is done in electronic systems. In Indonesia, this related doxing regulation has existed only has not been formulated specifically. In the case of doxing, the victim is protected by ITE law. Regulated in Article 26 and the culprit can be required by article 46 and 48 ITE law. In addition to those listed in ITE laws, there are also other instruments governing related to doxing crimes.
Saksi Sedarah Dalam Perkara Pidana Hanisa Sokanfuti; Elsa Rina Maya Toule; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12031

Abstract

Law enforcement is an effort to turn ideas and concepts into reality. Enforcement is the process of realizing the will of the law. The legal will referred to here is the expression of the legislator's thoughts in legal provisions. Discussions about the law enforcement process also extend to lawmaking. The formulation of the legislator's thoughts as outlined in the provisions of the law will also determine how it will be enforced. This research is normative juridical research. This type of research is descriptive analysis. The supporting data and information are then identified and then systematized for interpretation and arguments are given to reach a conclusion on the problem. The results of the research show that there are doctrines or theories of criminal responsibility for domestic violence, so for law enforcement officers in Indonesia there should no longer be any legal problems in filing a case as a suspect or defendant in the Indonesian criminal justice system, as long as this is justified by legislation (e.g. domestic violence legislation). The position of a witness who is related to the defendant or is a qualified witness is categorized as providing testimony without oath if they give their statement at trial without the consent of the defendant and the public prosecutor. The position of children as witnesses in criminal cases is recognized and legal in the Criminal Procedure Code, but based on the legislation, children cannot be held accountable in criminal law, so children cannot be sworn in to provide information, therefore the information is only used for guidance or as additional legal evidence. and strengthen the judge's confidence.
Perlindungan Hukum Terhadap Korban Malpraktek Kedokteran Iwan, Bintang R; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13818

Abstract

ABSTRACT: Basic Legal Protection in the sense that errors can be intentional or negligent. Based on decision Number 75/Pid.Sus/2019/PN.Mbo, at the Cutt Nyak Dhien Meulaboh Regional General Hospital (RSUD) there were two health workers, namely a nurse and a midwife, who committed gross negligence. Namely injecting the wrong drug into a patient which results in death. Purposes of the research, to find out the legal regulations related to the behavior of medical personnel which causes the death of patients, and forms of criminal penalties for medical personnel who cause the death of patients, victims of medical malpractice and health protection laws. This research method uses a normative legal research type, while this research method uses a statutory approach, with data sources taken from secondary data obtained through library research. The data is then processed and carried out using qualitative analysis. Based on the results of the research, regulations regarding the activities of medical personnel that cause death are regulated in Articles 1 and 2 of Law Number 36 of 2014 concerning the Health of Medical Personnel. The law stipulates that actions of medical personnel that cause the death of a patient are punishable by imprisonment for a maximum of 5 (five) years. Criminal acts of medical personnel that result in the death of patients are acts of negligence by medical personnel, not intentional medical acts. It can be said that the defendant's actions were not only considered negligent, but the actions of the medical staff were also intentional, resulting in the death of the patient they were treating due to an error in administering the drug. Therefore, a sentence of 2 (two) years in prison is still deemed inappropriate and does not provide a sense of justice for the victim's family for the death of a patient who was a victim of professional misconduct, one of which was intentional.
Perlindungan Hukum Terhadap Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Hasanudin, Dahlia; Toule, Elsa Rina Maya; Saimima, Judy Marria
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13821

Abstract

ABSTRACT: Indonesia is a rule of law country where there is always recognition and protection of human rights. Legal protection by the state is one of the absolute elements that can create peace, peace and order regarding human rights as contained in the 1945 Constitution of the Republic of Indonesia. The government has an obligation to fulfill the rights of every citizen without any discrimination in various aspects. However, in reality, in everyday life there are still frequent violations related to human rights experienced by people with mental disorders (ODGJ). People with mental disorders often receive negative stigma from society. The stigma obtained is in the form of discrimination and even violence. One of the acts of violence experienced by ODGJ is acts of abuse. The research method used in this research is the Normative Law research method. The problem approaches used are the statutory approach, conceptual approach and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials uses library research, as well as analyzing legal materials using qualitative analysis methods by interpreting the legal materials that have been processed. Based on the research results, it can be concluded that legal protection for ODGJ has been regulated in various laws and regulations, including: the 1945 Constitution of the Republic of Indonesia, Law no. 36 of 2009 concerning Health, Law no. 18 of 2014 concerning Mental Health, Law no. 8 of 2016 concerning Persons with Disabilities. and the Criminal Code, which was created to guarantee that ODGJ receive health protection and protection from various acts of violence. Criminal liability for perpetrators of abuse of ODGJ can be sentenced to criminal penalties if they are proven to fulfill the elements of a criminal act of abuse, namely: an unlawful act. The act causes suffering or injury, the act is done intentionally. In case Number: 44/Pid.B/2022/PN Msh. The panel of judges sentenced the defendant Mahmud Refra to prison for 4 (four) years and 6 (six) months. Because he has been legally and convincingly proven guilty of committing the crime of torture which resulted in death in accordance with the subsidiary indictment and acquitted the defendant from the primary indictment of the public prosecutor. By paying attention to the facts revealed at trial.
Kebijakan Penyelesaian Perkara Kekerasan Seksual Terhadap Anak Usmany, Jesisca Gloria; Sopacua, Margie Gladis; Saimima, Judy Marria
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13867

Abstract

ABSTRACT: Children are the greatest gift for the family, religion, nation and state. children are the successors of ideals for the progress of the nation, and for that children need protection. Children are often used as material for violence by adults without thinking about the impact of these actions, one of these violence is sexual violence. Sexual violence is an act or behavior that is carried out by targeting a person's sexuality or sexual organs without consent, with elements of threat and coercion, for this reason children must be given protection and provide appropriate sanctions for those who commit this act. This research is empirical juridical research, which uses a statutory approach, conceptual approach, and case approach, the legal materials used are primary, secondary and tertiary legal materials. The results of the discussion of this paper are to explain the factors that influence or cause the occurrence of criminal acts of sexual violence against children, namely internal factors containing intentions and desires that come from within, lust, sexual deviations, and gaps in power and violence. external factors or those that come from outside themselves where the contents are in the form of conditions and the environment where sexual violence crimes are committed and the influence of the social environment where the perpetrator lives besides that this research also explains the efforts made to overcome sexual violence against children, namely through penal and non-penal channels. The penal path is a settlement path using repressive criminal law. Then for the non-penal path is a solution path outside of preventive criminal law.
Kriminologis Tindak Pidana Penyalahgunaan Narkotika Anak Sujud, Muhammad Satrio; Titahelu, Juanrico Alfaromona Sumarezs; Saimima, Judy Marria
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19738

Abstract

This study aims to realize the criminological review of drug abuse crimes committed by children in Ambon City by analyzing the events that caused the occurrence of drug abuse crimes by children in Ambon City and the efforts made by Polresta P. Ambon and P. P. Lease in overcoming and following up on the occurrence of drug abuse crimes by children in Ambon City. This study is an empirical legal study with descriptive analysis. The data for this study were obtained from primary data and secondary data. Based on the results of the study and discussion, it can be concluded that there are several factors that influence drug abuse in Ambon: personal factors, education, family, economy, and environment. Among the five factors, family factors are known to be the most influential factor in drug abuse in Ambon City. In addition, children need special attention from environmental aspects related to their relationships with their peers and the people around them. This effort requires the role of parents to supervise and protect their children so that they do not fall into the influence of friends who invite them to try narcotics for the first time by giving them for free, after the victim is addicted, the drugs will be sold to the child because they are already addicted. Meanwhile, efforts made by the P. Ambon and P. P. Lease Police in dealing with drug abuse by children are carried out in several ways, namely by providing guidance, advice and education about the dangers of drug abuse through e-brochures, posters and infographics and working together with all authorities, the community, religious leaders and the local government to help combat drugs in Ambon City.
Co-Authors Achmad Fitrian Adonia Ivonne Laturette Akhmad Iqbal Jihad Masuku Andries, Desebrina Lupitha Carolina Tuhumury Corputty, Patrick Denny Latumaerissa Denny Latumaerissa Elias Zadrach Leasa Elias Zadrack Leasa Elsa Rina Maya Toule Elvira Liminanto Elvira Liminanto Erwin Ubwarin Esther Kembauw, Esther Faathir Fedayan Fitrian, Achmad Gabriel Makatita H.Z. Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hanisa Sokanfuti Harly Clifford Jonas Salmon Harly Clifford Jonas Salmon Hasanudin, Dahlia Holdrin Nahumury Ika Dwimaya Roz Intan Saripa Uweng Iwan, Bintang R Jefferson Meiggers Herrenauw Jetty Martje Patty Juanrico Alfaromona Sumarezs Titahelu Juanrico Alfaromona Sumarezs Titahelu Juanrico Alfaromona Sumarezs Titahelu Kabanga, Yoshua Andres Latumaerissa, Denny Latupeirissa, Julianus Edwin Leonie Lokollo Lewerissa, Yanti Amelia Matheis Randy Mustamu Matrutty, Ruth Gracia Imanuela Mega Sofia Tawainella Meliezer, Stevanno Muammar Muammar, Muammar Nancy Silvana Haliwela Patrick Corputty Patty, Jetty Pricilya Melany Anthonio Reimon Supusepa Roz, Ika Dwimaya Ruth Gracia Imanuela Matrutty Salamor, Yonna Beatrix Salmon, Harly Clifford J Salmon, Harly Clifford Jonas Sherly Adam Sidebang, Ledyana Olipia Silooy, Revi Wilhelmina Sopacua, Margie Gladies Sopacua, Margie Gladis Sujud, Muhammad Satrio Taufik Sabenjara Kalidupa Taufik, Iqbal Titahelu, Juanrico Alfaromona Sumaresz Titahelu, Juanrico Alfaromona Sumarezs Toule, Elsa Rina Maya Usmany, Jesisca Gloria Veren Martha Habel Wadjo, H.Z. Wadjo, Hadibah Zachra Wilshen Leatemia Zacilasi Wasia Zacilasi Wasia