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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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Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription Kabanga, Yoshua Andres; Sopacua, Margie Gladies; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 4 Issue 11, January 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i11.2843

Abstract

Introduction: Nowadays, there are many irregularities related to the Health Act. The urgency of problem solving arising from medication errors is very great because one type of medication error, namely administration error, ranks first compared to other types of medication errors. With the percentage of administration errors amounting to 81.32% of errors related to medical administration that occur in Indonesia.Purposes of the Research:  To understand and explain the juridical responsibility that must be imposed on the perpetrators of selling prescription drugs without a doctor's prescription through online buying and selling sites.Methods of the Research: Research methods are used to find and process data in accordance with the research objectives and solve the problems posed by researchers.Results of the Research: The results showed that: (1). In Law Number 17 of 2023 concerning Health (hereinafter referred to as the Health Law) there are offenses that can be imposed on the perpetrator, these offenses are listed in Article 435 & Article 436. Article 435 states that every violation of medication error will be sentenced to imprisonment for a maximum of 12 (twelve) years or a maximum fine of Rp5,000,000,000.00 (five billion rupiah). Meanwhile, a person who does not have the expertise in the field of pharmacy in accordance with the provisions of the Law but continues to distribute pharmaceutical preparations will be subject to the offense in article 436 with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah).” Countermeasures against prescription drugs without a doctor's prescription can basically be dealt with by article 435 and article 436 of the Health Law, and there is a lot of evidence of the existence of these two articles that apply to offline prescriptions drug dealers.  (2). Countermeasures against the distribution of prescription drugs through online buying and selling sites are still somewhat ambiguous because there is no law that specifically regulates the countermeasures of prescription drugs online, which causes a legal vacuum in countermeasures against the distribution of prescription drugs online. Therefore, elaboration, and hard work from every law enforcement officer is needed to tackle the problem.
Legal Counseling on Corruption Prevention in Village Fund Budget Management Saimima, Judy Marria; Titahelu, Juanrico Alfaromona Sumaresz; Corputty, Patrick; Muammar, Muammar
AIWADTHU: Jurnal Pengabdian Hukum Volume 5 Nomor 1, Maret 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v5i1.2385

Abstract

Introduction: Corruption of village funds is still an astonishing phenomenon in the midst of the implementation of village government. It is even recorded that villages are one of the largest contributors to corruption cases in Indonesia today.Purposes of The Devotion: This service aims to provide education to the community, how important it is to prevent potential corruption of village funds and how to involve community participation in prevention. Method of The Devotion: This activity was carried out in the form of legal counseling in Waipirit Village, Kairatu District, West Seram through a panel discussion where the presenters delivered material in turn and then continued with questions and answers between the presenters and the community.Results Main Findings of the Devotion: Based on the legal counseling activities carried out, one of which is a discussion, it shows that many participants, especially from the community, initially consider corruption in the management of village funds as a trivial problem. However, after participating in the discussion, they became more aware of the negative impact of corruption and the serious legal consequences for the perpetrators.
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.
The Urgency of Victim Impact Statements in Handling Sexual Violence Cases in Indonesia Andries, Desebrina Lupitha; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2953

Abstract

Introduction: Victim Impact Statement (hereinafter referred to as VIS) is a mechanism that provides an opportunity for victims or their families to convey the psychological, physical, social, and financial impacts resulting from a criminal act. The purpose of VIS is to provide the victim’s perspective in the judicial process to help judges understand the consequences of the criminal act, especially during the sentencing phase.Purposes of the Research: The aim of this research is to examine and analyze the urgency of VIS in the Indonesian criminal justice system and its influence on sexual violence cases.Methods of the Research: This research uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. The data collected is analyzed qualitatively to understand the role of VIS in the criminal justice system.Findings of the Research: The results of the research show that the decision of the Padang High Court Number 119/PID.Sus/2024/PT.PDG, where the defendant was acquitted despite sufficient evidence, highlights the importance of applying VIS in the criminal justice system in Indonesia. To date, VIS has not been implemented in Indonesia, but this case reflects the need for a better mechanism to ensure that victims' rights are truly upheld in the judicial process. Therefore, integrating VIS into the Indonesian criminal justice system is necessary to enhance protection for victims, particularly in sexual violence cases.
Criminal Law Policy in the Distribution of Assistance Funds for Corruption Causes Sidebang, Ledyana Olipia; Lewerissa, Yanti Amelia; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2951

Abstract

Introduction: Indonesia's financial income and expenditure called Fiscal are obtained from three components, namely: Tax, Non-Tax State Revenue, and Grants. However, at the time of fiscal distribution as part of state expenditure in this case aid funds experienced problems that gave rise to criminal acts of Corruption.Purposes of the Research: :  Aims to analyze criminal law policies regarding misused funds and analyze criminal law policies in corruption crimes related to misused aid funds.Methods of the Research: This study uses normative juridical with legal materials used in the study are primary, secondary, and tertiary. The collection technique is carried out through literature studies in the form of books, scientific works, and other literature.Findings of the Research: The results of the study show that the criminal law policy implemented by the Indonesian government is regulated in Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption. Not only in this law, when Covid-19 hit Indonesia, the Indonesian government issued Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for the handling of the Covid-19 Pandemic. However, in practice, corruption still occurs in the field, and at the time of the judge's decision does not receive a punishment commensurate according to the deed and is not fully in line with the criminal law policy in Indonesia to eradicate corruption.
Penegakan Hukum Terhadap Pelaku Penyebaran Konten Asusila Salmon, Harly Clifford J; Latumaerissa, Denny; Saimima, Judy Marria
Jurnal Risalah Hukum Vol 21 No 1 (2025): Volume 21, Nomor 1, Juni 2025
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v21.i1.1593

Abstract

The purpose of this study is to examine and analyze law enforcement against asusila content spreaders as well as to examine and meganalyze obstacles in law enforcement against asusila content spreaders.This study uses empirical juristic research methods.The jurisdictions approach is used to analyze the legislative regulations relating to the dissemination of the content of the asusila.Empirical approaches are used to analyze empirical data obtained from the study of documents and interviews with key informants.As for the results of this study, which is enforcement against perpetrators of the spread of content asusila involves several steps starting from the investigation, Investigation, until the trial.This process involves various institutions, including police, The prosecution, and the court.Somerules that are the legal basis that can be applied to the perpetrators of the distribution of pornographic content among others: kuhp, The National Institute of Allergy and Infectious Diseases . pornography law, the obstacles in law enforcement the  content porno is the lack of data to restore the availability of video or photographs that contain a pornography, when unexpected perpetrators have remove the data, so as to the evidence and investigators must bring attendant / investigators suspected cell phone video as well as a photograph in which is intended to labs digital forensic police in makassar, and not a ite in maluku, to ask the expert testimony and evidence to support should come from outside the maluku ite notabenenya memelukan large enough money.
Critical Analysis of Customary Law and Community Welfare Saimima, Judy Marria; Wadjo, Hadibah Zachra; Salmon, Harly Clifford Jonas
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b2vetj66

Abstract

This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.          
Law Enforcement Against Illegal Fishing Crimes in Maluku Waters Meliezer, Stevanno; Lewerissa, Yanti Amelia; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 6, August 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i6.3244

Abstract

Introduction: The waters of Maluku are often the main target of Illegal Fishing crimes. The problem in this writing is what factors cause the development of illegal fishing crimes in Maluku waters and how to enforce the law against illegal fishing crimes that occur in Maluku waters.Purposes of the Research: The purpose of this writing is to study and analyze the factors that cause and enforce the law against illegal fishing crimes in Maluku waters.Methods of the Research: The research method used is empirical juridical, the data sources used are primary data and secondary data. Data collection techniques through observation, interviews and literature studies. Qualitative data analysis techniques.Findings of the Research: The results of the study show that the Factors Influencing the Development of Illegal Fishing Crimes in Maluku Waters are upwelling conditions around the Banda Sea and the sea; the geographical location of the Maluku Islands which has an impact on the vulnerability of control and connectivity; coral reef ecosystems, mangroves and seagrass beds that are still good in Maluku waters; lack of human resources for law enforcement officers and fishermen; lack of supporting facilities/facilities; lack of budget; lack of supervision; weak regulations; and lack of community participation. Law Enforcement against Illegal Fishing Crimes in Maluku Waters is influenced by legal factors/statutes; law enforcement officers; supporting facilities/facilities; society and culture.
Tindak Pidana Korupsi dan Alokasi Dana Desa Salmon, Harly Clifford Jonas; Saimima, Judy Marria
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11130

Abstract

Introduction: The village funds that are managed are expected to realize the welfare of the village community. Community welfare can make a country strong and can compete with other countries. To be able to meet the needs of a quality life, it can be seen from how welfare is. Therefore, welfare is the main value that is always pursued so that humans can realize it. One important factor in realizing welfare is the existence of village funds. Efforts to increase awareness of village officials on the management of state finances, in this case the management of village funds for village officials, require counseling on the allocation of village funds and criminal acts of corruption. The low level of understanding and awareness of the law can be caused by the lack of socialization and supervision, this can be seen from the high level of corruption that occurs in Indonesia, especially in rural villages in Indonesia including Maluku, the lack of community access to knowledge of village financial management certainly causes miss management in village financial management. Purposes of the Research: Analyzing Corruption in Village Fund Allocation. Methods of the Research: The research method used is normative juridical, with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. Results of the Research: The management of village funds in Indonesia, including in the Maluku region, should aim to improve the welfare of village communities. However, unfortunately, there are several obstacles that hinder the achievement of this goal. Low levels of legal understanding and awareness among village officials and village financial management tools contribute to this problem. Therefore, to overcome this problem, serious efforts are needed to improve understanding and legal awareness related to village fund management. This includes counseling on the allocation of village funds and the impact of corruption crimes. Better education and training should be provided to village officials and staff involved in village financial management. Only in this way can we reduce the level of corruption that harms village communities and the country as a whole.
Korupsi Politik, Hukum dan Etika: Diskursus Kegaduhan di Tengah Panggung Demokrasi Indonesia Muammar, Muammar; Taufik, Iqbal; Saimima, Judy Marria
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13488

Abstract

Introduction: The recent 2024 elections have left so many interesting issues and become public investigations. Such as the issue of violations of the law, violations of ethics, even leading to the issue of political corruption. These issues are so interesting, that almost every day the news in various media only contains them. Purposes of the Research: This paper aims to describe and analyze how the correlation between political, legal and ethical corruption issues and is rife during the 2024 election. Methods of the Research: This paper uses normative legal research methods. The approach used is a conceptual approach and a statutory approach. Results of the Research: The occurrence of various events that colored the implementation of the 2024 elections has captured public attention and energy so far. Various kinds of violations of law and ethics are presented and displayed in front of the public eye. The discourse on political corruption came to the fore along with the performance "attracted" by President Joko Widodo. Starting from "cawe-cawe" (interfering) in political affairs to the issue of intervention in various policies, including the alleged birth of the Constitutional Court decision No.90/PUU-XXI/2023. In addition, various issues of violations of law and ethics also "flooded" the 5-year political event. Even during almost the entire implementation of the 2024 elections, the issue of violations of law and ethics takes a significant portion. The correlation between the two is very close and inseparable. Law is like packaging that wraps the ethics that are the contents of the packaging. In that position, ethics occupies a "special" position because it actually originates from the moral niche of man, where law in the sense of norms has no such thing.
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