Article Per Year (5 Year)
p-Index From 2020 - 2025
0.983
P-Index
This Author published in this journals
All Journal Veritas et Justitia Unes Law Review PATTIMURA Legal Journal
Ohoiwutun, Y A Triana
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

Published : 7 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 7 Documents
Search

 1 
Menguak Esensi: Negara Hukum dalam Konstitusi: Sebuah Analisis Mendalam terhadap Perlindungan Hak-hak Warga Negara Haromain, Rozy; Ohoiwutun, Y A Triana; Harianto, Aries
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1902

Abstract

Regulation of sanctions for criminal acts of human trafficking in Indonesia is specifically regulated based on Article 1 number 1 of the Law on the Eradication of Criminal Acts of Trafficking in Persons which defines human trafficking as various acts of surveillance, transportation, harboring, sending, transmitting or receiving a person in various ways for the purpose of exploitation, including sexual exploitation, with laws that cause dilemmas, especially regarding prospective Indonesian workers who are vulnerable to becoming victims of human trafficking. The research method used in this research is normative juridical using a statutory regulation approach and a context approach in answering problems. The results of the research show that the application of sanctions for criminal acts of trafficking in persons as regulated in Article 2 paragraph (1) of the Law on the Eradication of Criminal Acts of Trafficking in Persons against perpetrators who exploit victims, fraud in aggravation, sanctions are also applied to state administrators, corporations and their administrators, groups organized criminal acts of human trafficking. Legal uncertainty in the application of sanctions for criminal acts of human trafficking is a serious problem that can disrupt eradication and law enforcement. This primarily relates to legal provisions governing the crime of trafficking in persons, which is very important for effective law enforcement. This uncertainty is found in two main regulations: the Law on the Eradication of the Crime of Human Trafficking and the Law on the Protection of Indonesian Migrant Workers.
FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI) Ohoiwutun, Y A Triana; Nugroho, Fiska Maulidian; Martua Samosir, Samuel Saut; Setiyoargo, Arief
Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i2.3613

Abstract

Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed.  In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power.  The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.
PERAN AHLI JIWA DALAM PEMBUKTIAN TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA Ohoiwutun, Y A Triana; Nugroho, Fiska Maulidian; Samsudi, Samsudi; Dewanto, Ari
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4443

Abstract

Domestic psychic violence can be experienced by everyone, including children, wives, husbands, and others. As a material offense on domestic psychic violence, the elements resulting from psychological trauma must be proven. Therefore, the intervention of forensic psychologists and forensic psychiatrists is very important in cases of domestic psychic violence. The differences in the competence of psychologists and psychiatrists as well as the prospective roles of both professions in proving cases are the focus of the problems being studied. A normative legal research method with descriptive qualitative data analysis was employed in this research. The results showed that the existence of forensic psychologists and forensic psychiatrists is very important for finding material truths that can be scientifically tested in cases of domestic psychic violence. As evidence for letters and/or expert reports, the assessment results of forensic psychologists and forensic psychiatrists have accurate evidentiary value in forming a judge's conviction. This paper ends with a recommendation that as a form of protection for domestic violence victims, the role of psychologists and/or psychiatrists should be optimized, both in the pre-adjudication, and adjudication phases. In addition, considering the balanced position between psychologists and psychiatrists in law enforcement, this should not create jealousy and unhealthy competition between the two professions.
FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI) Ohoiwutun, Y A Triana; Nugroho, Fiska Maulidian; Martua Samosir, Samuel Saut; Setiyoargo, Arief
Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i2.3613

Abstract

Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed.  In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power.  The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.
PERAN AHLI JIWA DALAM PEMBUKTIAN TINDAK PIDANA KEKERASAN PSIKIS DALAM RUMAH TANGGA Ohoiwutun, Y A Triana; Nugroho, Fiska Maulidian; Samsudi, Samsudi; Dewanto, Ari
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.4443

Abstract

Domestic psychic violence can be experienced by everyone, including children, wives, husbands, and others. As a material offense on domestic psychic violence, the elements resulting from psychological trauma must be proven. Therefore, the intervention of forensic psychologists and forensic psychiatrists is very important in cases of domestic psychic violence. The differences in the competence of psychologists and psychiatrists as well as the prospective roles of both professions in proving cases are the focus of the problems being studied. A normative legal research method with descriptive qualitative data analysis was employed in this research. The results showed that the existence of forensic psychologists and forensic psychiatrists is very important for finding material truths that can be scientifically tested in cases of domestic psychic violence. As evidence for letters and/or expert reports, the assessment results of forensic psychologists and forensic psychiatrists have accurate evidentiary value in forming a judge's conviction. This paper ends with a recommendation that as a form of protection for domestic violence victims, the role of psychologists and/or psychiatrists should be optimized, both in the pre-adjudication, and adjudication phases. In addition, considering the balanced position between psychologists and psychiatrists in law enforcement, this should not create jealousy and unhealthy competition between the two professions.
Menguak Esensi: Negara Hukum dalam Konstitusi: Sebuah Analisis Mendalam terhadap Perlindungan Hak-hak Warga Negara Haromain, Rozy; Ohoiwutun, Y A Triana; Harianto, Aries
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1902

Abstract

Regulation of sanctions for criminal acts of human trafficking in Indonesia is specifically regulated based on Article 1 number 1 of the Law on the Eradication of Criminal Acts of Trafficking in Persons which defines human trafficking as various acts of surveillance, transportation, harboring, sending, transmitting or receiving a person in various ways for the purpose of exploitation, including sexual exploitation, with laws that cause dilemmas, especially regarding prospective Indonesian workers who are vulnerable to becoming victims of human trafficking. The research method used in this research is normative juridical using a statutory regulation approach and a context approach in answering problems. The results of the research show that the application of sanctions for criminal acts of trafficking in persons as regulated in Article 2 paragraph (1) of the Law on the Eradication of Criminal Acts of Trafficking in Persons against perpetrators who exploit victims, fraud in aggravation, sanctions are also applied to state administrators, corporations and their administrators, groups organized criminal acts of human trafficking. Legal uncertainty in the application of sanctions for criminal acts of human trafficking is a serious problem that can disrupt eradication and law enforcement. This primarily relates to legal provisions governing the crime of trafficking in persons, which is very important for effective law enforcement. This uncertainty is found in two main regulations: the Law on the Eradication of the Crime of Human Trafficking and the Law on the Protection of Indonesian Migrant Workers.
Criminal Law Politics and Punishment Theories: A Comparative Study of Retributive vs. Restorative Justice in Indonesia and Georgia Suwandi, Nur Ainy Amira Puspitaning; Aida, Lutfi Nur; Suarda, I Gede Widhiana; Ohoiwutun, Y A Triana; Kapanadze, Maia
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.21767

Abstract

Introduction: The debate between retributive and restorative justice remains a central issue in the politics of criminal law across jurisdictions. Indonesia and Georgia represent two countries undergoing legal transitions with distinct historical and socio-political contexts, yet both face similar challenges in determining the orientation of their penal policies. Purposes of the Research: This study aims to analyze the differences in the application of retributive and restorative penal theories within the criminal law policies of Indonesia and Georgia, as well as to identify the factors influencing these orientations. Methods of the Research: The research adopts a normative legal method with a comparative approach, examining statutory provisions, legal doctrines, and relevant judicial decisions. Results Main Findings of the Research: The findings reveal that Indonesia continues to rely on its colonial legacy through the Criminal Code, which predominantly reflects a retributive paradigm, while gradually incorporating restorative principles in specific legislation such as the Juvenile Criminal Justice System Law. Conversely, Georgia, which previously enforced an extreme zero tolerance policy rooted in a retributive approach, has shifted toward restorative justice within its juvenile justice system through the enactment of the Juvenile Justice Code of 2015. The novelty of this research lies in its comparative analysis, which uncovers how historical, cultural, political, socio-economic, and legal factors shape each country’s penal orientation. These findings contribute to the development of comparative criminal law scholarship and provide valuable insights for promoting more balanced penal policies that integrate both retributive and restorative justice.
Co-Authors Aida, Lutfi Nur Aries Harianto Dewanto, Ari Haromain, Rozy I Gede Widhiana Suarda Kapanadze, Maia Nugroho, Fiska Maulidian Samsudi . Samuel Saut Martua Samosir Setiyoargo, Arief Suwandi, Nur Ainy Amira Puspitaning