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All Journal Jurnal Legalitas Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Belo Community Development Journal: Jurnal Pengabdian Masyarakat Risalah Hukum Jurnal Masohi TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Jurnal Dedikasi Hukum Indonesian Journal of Management Science BAKIRA: Jurnal Pengabdian Kepada Masyarakat PATTIMURA Law Study Review SASI Journal of Adat Recht Journal of Strafvodering Indonesian Matakao Corruption Law Review
Saimima, Judy Marria
Fakultas Hukum Universitas Pattimura, Ambon
Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Perlindungan Hukum Terhadap Anak Korban Perundungan di Lingkungan Sekolah Hadibah Zachra Wadjo; Denny Latumaerissa; Judy Marria Saimima; Patrick Corputty
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i1.1158

Abstract

Introduction: Bullying can happen anytime and anywhere, both in the real world such as at school, at home, in restaurants, or in cyberspace, and can also happen to anyone, including school students.Purposes of Devotion: This service activity aims to find out about bullying, the types and juridical consequences of bullying so as to form understanding and legal awareness for PKM participants. Method of Devotion: Carrying out legal counseling activities in Talaga Hamlet, Piru, West Seram, through panel discussions in which the speaker conveys the material then followed by a question and answer session between the presenter and the participants.Results of the Devotion: Children as the nation's successors must be protected in their growth and development, including from crime or bullying/bullying. Legal protection for children who are victims of the crime of bullying is contained in Article 76C of Law Number 35 of 2014 concerning Child Protection, which substantially accommodates the prohibition against committing violence against children, then legal protection for children who are victims of bullying is not enough only through only repressive efforts, but it is much more effective if there are preventive efforts carried out, one of which is through legal counseling activities that must be carried out on an ongoing basis to foster legal understanding and awareness, as well as the active role of the school, parents and the surrounding community is very important to apply in life.
Proses Pemeriksaan Tindak Pidana Pemalsuan Surat Genose Pada Masa Pandemi Covid-19 Gabriel Makatita; Reimon Supusepa; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1561

Abstract

Introduction: Forgery of letters is caused by unauthorized changes ( without valid permission ) to letter or documents.Threats to trevelers if they are found to have falsified a covid-19 free certificate with the aim of traveling in the midst of the covid-19 outbreak.Purposes of the Research: The purpose of the current study is to analyze and  discuse how the process of forgery of letters during the covid-19 pandemic can be classified as a criminal act of forgery of letter, as regulated in article 263 of the criminal code. Methods of the Research: The research method in this study is a noemative research, using a law approach and a conceptual approach. research data sources include primary, secondary, tertiary legal sources. Data collection techniques in the from of literature study. Processing and analysis of legal material used in writing is using qualitative analysis methods.Results of the Research: The result of the research show that the criminal act of forging letters as referred to in article 236 of the criminal code, which was found on Thursday 27 May 2021, around 18:30 WIT at one of the Travel Agents PT. Laperissa Chaur on Ay Patty  street, Ambon City. There were individuals who faked the GoNose covid-19 letter, the letter was made and assisted by suspect Rusrman, Husni Suatrean alias Nyong, Mahmudin alias Udin, and Rizky Nuralini Rizdianto alias Iki.
Pertanggungjawaban Pidana Terhadap Pelaku Usaha Penimbun Minyak Goreng Bersubsidi Mega Sofia Tawainella; Hadibah Zachra Wadjo; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1800

Abstract

Introduction: Currently, most cooking oil in circulation tends to be pegged at the old price or above the Highest Retail Price (HET) set by the government some time ago.Purposes of the Research: This research aims to analyze and explain criminal liability for business actors who hoard subsidized cooking oil. Analyze and explain supervision and law enforcement for business actors who hoard subsidized cooking oil. Methods of the Research: The type of research used is normative, namely research that focuses on providing a systematic explanation that regulates a certain category. The problem approaches are the statutory approach and the conceptual approach. Collecting legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials are described qualitatively.Results of the Research: Entrepreneurs in the business of hoarding subsidized cooking oil can be held criminally liable, namely in the form of imprisonment, compensation for fines or revocation of business permits. Regarding supervision and law enforcement for business actors hoarding cooking oil, it is still felt to be inadequate because law enforcement's understanding of the hoarded cooking oil commodity is whether it is a prohibited commodity or carries a criminal penalty if hoarding occurs and feels this is a problem for the Ministry of Trade and regional governments. The author would like to add that there is no criminal liability for the case of hoarding cooking oil because what is being processed is not a corruption crime at the Ministry of Trade involving entrepreneurs and the Director General of the Ministry of Trade.
Penanganan Tindak Pidana Narkotika Di Kota Ambon Oleh Direktorat Reserse Narkoba Polda Maluku Pricilya Melany Anthonio; Juanrico Alfaromona Sumarezs Titahelu; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1818

Abstract

Introduction: Narcotics abuse in Ambon City has increased from 2018-2021. Narcotics in 2018-2021, namely: in 2018 there were 140 cases, in 2019 there were 123 cases, in 2020 there were 143 cases while in 2021 there were 169 cases.Purposes of the Research:  To examine and discuss what was carried out by drug investigators from the Maluku Regional Police in handling narcotics crimes. To examine and discuss the obstacles faced by drug investigators from the Maluku Regional Police in handling narcotics crimesMethods of the Research: This research is a normative juridical research. This type of research is descriptive analytical. The source of legal materials used in this research is primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: What the Maluku Police drug investigators did in handling narcotics crimes, namely: conducting examinations of witnesses and suspects and completing investigative actions, confiscating evidence found on suspects, conducting examinations or testing of evidence found on suspects, sending SPOP (Notification Letter of Commencement Investigation) to the Prosecutor's Office, carrying out the filing process, Submission of suspects and evidence to the prosecutor besides that there are obstacles faced by Maluku Police Narcotics investigators in Handling narcotics crimes, namely: there is still a lack of good cooperation between the community and officers, the modus operandi carried out by actors who are growing and changing, there are many new variants of narcotics.
Penerapan Pasal 49 Ayat 1 Kuhp Dalam Tindak Pidana Penganiayaan (Studi Putusan No.32/Pid.B/2021/PN DGL) Faathir Fedayan; Reimon Supusepa; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1854

Abstract

Introduction: Perpetrators of persecution should be subject to punishment as stipulated in the criminal law code, Article 351 Paragraph 1 of the Criminal Code. The defendant abused the victim, the torture was carried out in a forced defense because he felt his safety was threatened.Purposes of the Research: So it raises the problem of how to apply noodweer in Article 49 Paragraph 1 of the Criminal Code as a reason for abolishing the crime? What are the juridical consequences in the judge's consideration of the forced defense of the crime of persecution.The purpose of the study is to find out the application of noodweer in Article 49 Paragraph 1 of the Criminal Code as the reason for the abolition of the crime. To find out the juridical consequences in the judge's consideration of the forced defense of the criminal act of persecutionMethods of the Research: The problem approach used is the conceptual approach, statutory approach and case approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature and then analyzed using quantitative analysis methods.Results of the Research: Based on the results of the research and discussion that the application of noodweer when viewed from the cases taken by the author has been implemented properly and is used as one of the reasons for abolishing a crime, where the reason is a justification but not a reason that justifies the actions of the perpetrator who violated the law, but rather someone is forced to commit an act punishment can be forgiven because there was a violation of law that preceded the act. However, not all actions that are considered as self-defense can be accepted by criminal law as a reason for criminal abolition. Because an act in the noodweer context must comply with the elements specified in Article 49 Paragraph 1 of the Criminal Code. The defense outside the elements specified in Article 49 Paragraph 1 of the Criminal Code is still possible for the offender to be subject to a criminal sentence. That there are no legal consequences for the perpetrators who are considered to have fulfilled the elements in Article 49 Paragraph 1 of the Criminal Code which says: "not convicted, whoever makes a defense is forced to himself or others, the honor of decency or property of himself or others, because any imminent attack or threat of attack at that time would be against the law.” If an act does not meet the elements in that article, then the perpetrator can be criminalized because it is not included in forced defense.
Efektifitas Undang-Undang Perlindungan Anak Dalam Melindungi Anak Korban Tindak Pidana Perkosaan Oleh Orang Terdekat Veren Martha Habel; Hadibah Zachra Wadjo; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1865

Abstract

Introduction: Protection for children takes the form of protection from acts of violence, whether physical violence, psychological violence, neglect, even sexual crimes.Purposes of the Research: The research objectives are; (1) to examine and explain the effectiveness of the Child Protection Law in protecting child victims of criminal acts of rape by those closest to them, (2) to examine and explain the obstacles experienced by investigators in handling criminal acts of child molestation.Methods of the Research: The author uses normative research methods, uses a factual approach and a statutory approach, normative legal research is also known as doctrinal legal research, and is then analyzed qualitatively descriptively to produce a conclusion.Results of the Research: Based on the research results obtained, consumer protection is all efforts made to protect interests and ensure legal certainty for consumers. In this effort, the rights and obligations of consumers and business actors cannot be separated. The Covid-19 pandemic has had a major impact on consumers' rights to comfort and safety in consuming goods and/or services in e-commerce agreements. Therefore, legal protection is needed for consumers, both preventively and repressively, so that every consumer's rights can be protected and their rights maintained.
PENINGKATAN KESADARAN HUKUM TENTANG KEKERASAN SEKSUAL PADA PEREMPUAN DAN ANAK DI KELURAHAN LATERI KOTA AMBON Judy Marria Saimima; Elvira Liminanto; Zacilasi Wasia
BAKIRA: Jurnal Pengabdian Kepada Masyarakat Vol 2 No 2 (2021): BAKIRA : Jurnal Pengabdian Kepada Masyarakat
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bakira.2021.2.2.79-87

Abstract

Sexual violence that occurs to a woman and child is due to a value system that places women and children as weak and inferior beings compared to men. It is necessary to have a good legal understanding of the community regarding sexual violence so that they are able to act when experiencing sexual violence. This activity is carried out by identifying the problems that exist in the area, then the community is given an understanding in order to increase legal awareness about sexual violence against women and children. An act that can be categorized as sexual violence is when the act is carried out without consent or is not desired. The PKDRT Law, the Child Protection Law, the Criminal Code and even the Pornography Law have indeed regulated protection for victims of sexual violence against children and women, but that is not enough to protect victims, because sexual violence protection is not limited to theories and regulations but is more broadly applicable to awareness of society as a social being itself.
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.
Co-Authors 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 Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hanisa Sokanfuti Hasanudin, Dahlia Holdrin Nahumury Intan Saripa Uweng Iwan, Bintang R Jefferson Meiggers Herrenauw Jetty Martje Patty 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