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Journal : PATTIMURA Law Study Review

Tindak Pidana Pemerkosaan Terhadap Anak Di Bawah Umur Di Kota Ambon Wuarlela, Fransina; Toule, Elsa Rina Maya; Salamor, Anna Maria
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.v2i1.13873

Abstract

ABSTRACT: Children need to receive more serious attention from the Indonesian government. This happens because there is still a tendency that child victims are still neglected by the government and component institutions of the criminal justice system. Every person has the right to be treated fairly and have their rights protected as stated in article 28 of the 1945 Constitution of the Republic of Indonesia. The problems raised in this writing are: how is criminal responsibility for the crime of rape against minors, and how to protection from violence against children in Ambon City. The research method used is Normative Law research or library research. This means that legal research examines document studies, which are in the form of various primary laws such as statutory regulations, court decisions, legal theories and can be in the form of scholarly opinions. The results of the research can be concluded that criminal responsibility for rape cases is regulated in Article 285 of the Criminal Code with imprisonment and a maximum penalty of life imprisonment. Efforts to protect against violence against children are carried out in a penal and non-penal manner. Penalty is a repressive countermeasure carried out after a crime occurs by enforcing the law and imposing punishment. Actions taken to overcome this are through coaching and rehabilitation measures. Non-penal is a preventive response effort with actions in the form of prevention before a crime occurs. This action is carried out through socialization, familiarization with the law, and improvement of businesses.
Penerapan Diversi Oleh Hakim Dalam Penyelesaian Perkara Pidana Anak Ditingkat Pengadilan (Studi Pengadilan Negeri Masohi) Tetelepta, Natalisya; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v2i1.13876

Abstract

ABSTRACT: Diversion is the resolution of a child's case from a criminal process to a process outside of criminal law. Because children have rights to be protected, the handling of children's cases and adult cases is certainly different. Diversion can be carried out at every level, starting from investigation, investigation and even court level. With the existence of a diversion system, it is hoped that there will be legal reform in children's cases so that the diversion process is carried out to prevent children from being labeled as criminals and to prevent children from being negatively impacted by the prosecution process. Purposes of the research to find out the application of restorative justice in the diversion process in court as well as the mechanism for implementing diversion by judges in resolving criminal cases at court level. The research method in this research is normative juridical. The problem approaches used are the statutory approach, conceptual approach and case approach. The results of this research show that in carrying out the diversion process in court the judge has the right to determine which children's cases can be attempted diversion and in its implementation the judge must also seek diversion through the mechanisms that have been regulated. In children's cases with determination Number 2/Pen.Div/2023/PN Msh Jo. Number 3/Pid-Sus-Anak/2023/PN The judge has attempted diversion in accordance with the diversion implementation guidelines mechanism in PERMA No.4/2014, so that the diversion efforts carried out in the child's case at court level can be successful.
Penegakan Hukum Pidana Terhadap Kakek Pelaku Pelecehan Bagi Anak Di Dalam Kapal Lesnussa, Agnes G; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v3i1.19734

Abstract

Sexual harassment is sexual activity that occurs verbally, non-verbally and also visually, namely sexual behavior that is unwanted by the victim, targeting the victim’s sexual organs or sexuality. Women and children often become victims of sexual harassment. The rise in cases of sexual abuse against children is one form of lack of handling by law enforcement officials in safeguarding, preventing and protecting children from criminal acts of sexual abuse. Parents, the community and law enforcement officials are expected to provide guarantees of legal protection for children who are victims of criminal acts of sexual abuse. The research method used in researching and discussing this problem is normative juridical which uses a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. Sexual harassment is sexual activity that occurs verbally, non-verbally and also visually, namely sexual behavior that is unwanted by the victim, targeting the victim’s sexual organs or sexuality. Women and children often become victims of sexual harassment. The rise in cases of sexual abuse against children is one form of lack of handling by law enforcement officials in safeguarding, preventing and protecting children from criminal acts of sexual abuse. Parents, the community and law enforcement officials are expected to provide guarantees of legal protection for children who are victims of criminal acts of sexual abuse.
Penanggulangan Penyalagunaan Minuman Beralkohol Dikalangan Remaja Rettob, Zainudin; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.14049

Abstract

Abuse of alcoholic drinks among teenagers is a portrait of life activities that are often found in almost all remote areas in Indonesia. Even though many legal products in the form of statutory regulations have been made by state administrators, it cannot be denied that there are still deviant behaviors that are often encountered in social life, which are the ones that then cause disruption to the interests of society. other communities. The research method used is Empirical Juridical. Empirical legal research uses inductive reasoning techniques and acceptable truth criteria to search for truth and collect primary data. Surrogate facts are used to carry out appropriate truth-testing induction processes. The impact of alcoholic drinks among teenagers in the PP Kur Tual city sub-district has several kinds of impacts, namely it can increase the crime rate, damage public health, cause fights/brawls and can increase liver disease among teenagers. Prevention efforts are carried out by the police/district police. PP Kur Kota Tual in preventing the distribution and consumption of alcoholic beverages is carried out with repressive efforts, preventive efforts and preventive, social efforts.