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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 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.
Penyelesaian Perkara Anak Sebagai Pelaku dan Korban Ditinjau Dari Asas Kepentingan Terbaik Bagi Anak Hadibah Zachra Wadjo; Elias Zadrach Leasa; Denny Latumaerissa; Judy Marria Saimima
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.306

Abstract

In reality, specifically for the principle of the best interests of children who are accommodated in the Aanak Criminal Justice System Act not yet maximized to be applied in cases of children who are dealing with the law both against children as perpetrators and children as victims, which in the settlement of losses suffered by children as a victim of a criminal offense, it has not been concretely felt. Based on the explanation above, the problem that the writer wants to analyze is Is the settlement of the case of children considering the best interests of the child as the perpetrator and the child as the victim? Constraints in fulfilling the best interests principle for children as perpetrators and children as victims. The research method used is a type of empirical juridical research. The results showed that the fulfillment of the best interests of children in the case of children in conflict with the law must be supported by all relevant stakeholders so that children's rights can be implemented at all stages of the case inspection in accordance with the mandate of the Aanak Criminal Justice System Law and the Law related, it is not enough there, the fulfillment of the best interests must also continue to be supported back to the community. Obstacles in fulfilling the best interests of cases of children in conflict with the law, namely the lack of investigators for the protection of women and children, inadequate facilities or infrastructure, human resources both for women and children protection investigators and for assisting victims who are not yet qualified, lack of budget in case settlement children in conflict with the law.
Penanganan Tindak Pidana Kekerasan Dalam Rumah Tangga Melalui Pendekatan Restorative Justice Latumaerissa, Denny; Sopacua, Margie Gladis; Saimima, Judy Marria; Patty, Jetty
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1847

Abstract

Introduction: Domestic violence is a legal event that we often encounter in a society in Indonesia..The solution to family violence or the scope of a household when it is completed criminal law lines is not appropriate., Remembers that the perpetrator and the victim had a very close relationship., So it takes different ways of dealing with conflicts in that household.Purposes of Devotion: His dedication activities aimed at recognizing domestic violence, forms of domestic violence, the restorative justice, handling domestic rigidity through a restorative justice approach to forming a comprehension and legal awareness for the participant. Method of Devotion: Experience in the implementation of community law in halong, the city of ambon, through a discussion in panels which speakers for given the lectures was continued by question and answer session between spekers and participants.Results of the Devotion: The settlement of domestic violence by using conventional criminal justice in the fact that empiricals raise new issues of divorce..So to avoid the point., A more effective cdrt settlement model is needed without causing any damage to the household's wholeness.Restorative justice is an alternative or some other way of criminal justice by putting a priority on the integration of the perpetrators and the victims or the community as one unit to find solutions and go back to a good link between the perpetrators..Counseling activities are preceded by pretesting, Then continue the legal counseling activity in the public hall over a panel-based discussion where the authoritarian delivers the material in turns and then proceeds with the question-responsibility between the cooker and the community. Then do a post-tes.
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.
The Death Penalty In The Draft Criminal Code (RKUHP): What Are The Regulations And Mechanisms? Matrutty, Ruth Gracia Imanuela; Saimima, Judy Marria
Jurnal Legalitas Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.363 KB) | DOI: 10.33756/jelta.v16i1.19473

Abstract

This article examines the death penalty provisions in the Draft Criminal Code (RKUHP), focusing on its regulation and application mechanisms. Using a normative juridical approach, the study provides a detailed analysis of the draft's stance on the death penalty. The RKUHP treats the death penalty as a special punishment, which can be alternatively imposed with life imprisonment or a maximum of 20 years in prison for crimes outlined in the Criminal Code and other specific laws. The research identifies a key issue: while the RKUHP aims to achieve various goals through punishment, the death penalty fails to meet some of these objectives, such as the social rehabilitation of convicts and the resolution of conflicts arising from criminal acts. The study suggests that imprisonment as an alternative to the death penalty has negative effects on convicts and proposes exploring other punitive alternatives. These alternatives should align with the goals of justice and rehabilitation outlined in the criminal law, offering solutions that do not harm the convict's prospects. This research highlights the need for a more effective and humane approach to punishment in the criminal justice system. 
Model Pengelolaan Sumber Daya Alam Berkelanjutan: Integrasi Aspek Ekonomi, Lingkungan, dan Hukum di Kecamatan Moa, Kabupaten Maluku Barat Daya Kembauw, Esther; Wadjo, Hadibah Zachra; Silooy, Revi Wilhelmina; Saimima, Judy Marria
Indonesian Journal of Management Science Vol. 3 No. 2: Desember 2024
Publisher : Program Magister Manajemen Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46821/ijms.v3i2.536

Abstract

Penelitian ini bertujuan untuk menganalisis tantangan, peran ekonomi, dampak lingkungan, serta aspek hukum dalam pengelolaan SDA berkelanjutan di kawasan tersebut. Metode penelitian yang digunakan adalah pendekatan kualitatif dengan pengumpulan data melalui wawancara, observasi, dan studi dokumentasi. Hasil penelitian menunjukkan bahwa eksploitasi berlebihan terhadap SDA, ketergantungan pada praktik tradisional, dan lemahnya penegakan hukum menjadi hambatan utama dalam mewujudkan keberlanjutan. Meskipun demikian, terdapat potensi ekonomi yang dapat dikembangkan melalui praktik perikanan berkelanjutan dan pertanian organik, yang dapat meningkatkan pendapatan tanpa merusak ekosistem. Penelitian ini juga menemukan bahwa kebijakan pengelolaan SDA sudah ada, namun implementasinya masih lemah, sehingga diperlukan peningkatan kapasitas pemerintah daerah dan kolaborasi antara pemerintah, masyarakat, serta sektor swasta. Model pengelolaan SDA berkelanjutan yang diusulkan melibatkan edukasi masyarakat, penguatan peran hukum, serta pengembangan kebijakan ekonomi yang mendukung keberlanjutan lingkungan. Diharapkan hasil penelitian ini dapat memberikan kontribusi dalam merancang kebijakan pengelolaan SDA yang lebih efektif dan berkelanjutan di Kecamatan Moa.
Sexual Harassment Crime In Digital Space: Legal Challenges And Solutions Roz, Ika Dwimaya; Saimima, Judy Marria; Salmon, Harly Clifford Jonas; Wadjo, H.Z.; Fitrian, Achmad
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2afmb07

Abstract

In the context of rapid technological development, digital space presents significant challenges in law enforcement, especially in relation to the crime of sexual violence. Law No. 12 of 2022 on Criminal Acts of Sexual Violence provides a firm legal framework to address the problem, but is still faced with various obstacles, such as the complexity of the vast digital space, difficult identification of perpetrators, and lack of public legal awareness. Collaboration between the government, legal institutions, the technology sector, and the community is key to strengthening the prevention and handling of sexual violence cases in the digital space. Advanced forensic technology and training of skilled human resources are needed to support effective law enforcement. In addition, the integration of legal education and digital literacy programs can strengthen public understanding of the legal rights of victims and collective responsibility in maintaining digital security. This collective effort is expected to create a safe and inclusive ecosystem, and ensure better access to justice for all victims of sexual violence in the digital space.
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