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All Journal LAW REFORM Jurisprudentie Jambura Law Review JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum LUTUR Law Journal PATTIMURA Law Study Review SASI Matakao Corruption Law Review
Sopacua, Margie Gladies
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Penegakan Hukum Terhadap Pelaku Balap Motor Liar Pada Bulan Ramadhan Fharansyah, Muhammad Syukran; Supusepa, Reimon; Sopacua, Margie Gladies
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.v3i1.19727

Abstract

Illegal motorcycle racing is an unlawful act based on Articles 503, 510 and 511 of the Criminal Code as well as Articles 115 and 297 of Law Number 22 of 2009 concerning Road Traffic and Transportation. However, in its implementation, illegal motorcycle racing still occurs among the community, especially on Jalan A.Y. Patty, Ambon City during the month of Ramadan. The purpose of this research is to find out and discuss law enforcement efforts against illegal motorcycle racing perpetrators on Jalan A Y Patty and legal protection that can be provided to victims of other road users affected by illegal motorcycle racing in the month of Ramadan. The research method used in this writing is a normative legal research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised. The result of this study is that law enforcement efforts carried out by the Ambon Island Police and Lease Islands against illegal motorcycle racing in the month of Ramadan on Jalan A.Y. Patty, Ambon City are carried out in a preventive and repressive manner. Preventively, it is carried out by prevention in the form of socialization or lectures and appeals for the community, sweeping or raiding motor vehicles, and patrols targeted at the locations of motorcycle gang associations. Meanwhile, repressively, it is carried out in the form of imposing legal sanctions, namely ticket sanctions. And the form of legal protection for victims of traffic accidents affected by illegal motorcycle racing in the month of Ramadan is the provision of compensation by the perpetrator paying for vehicle damage experienced by victims of illegal motorcycle racing.
Penegakan Hukum Pidana Terhadap Kekerasan Berbasis Gender Online Ismail, Nurul Hadija; Sopacua, Margie Gladies; Muammar, Muammar
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.v3i1.19736

Abstract

KBGO as internet-facilitated violence is almost the same as KBGO in the real world. KBGO occurs as a result of the development of widespread internet coverage, sophisticated distribution of information technology, and the popularity of social media. The National Commission on Violence Against Women classifies several types of KBGO, namely approaches to deceive (cyber grooming), online harassment (cyber harassment), hacking, illegal content (illegal content), invasion of privacy (infringement of privacy), threats to distribute personal photos/videos (malicious distribution), defamation (online defamation), and online recruitment (online recruitment). According to Article 1 number 3 of Law Number 11 of 2008 concerning Information and Electronic Transactions (hereinafter abbreviated as the ITE Law), it is a technique for collecting, preparing, storing, processing, announcing, analyzing, and/or disseminating information. One of the information technology products that has an important role and has succeeded in spurring changes in the social order is the internet. The internet not only spurs aspects that have a positive impact, but can also have a negative impact, one of which is crime in the realm of the internet (cyber crime). This research writing uses a normative legal research type, with descriptive analysis research specifications. The data used are secondary data obtained through literature studies, then qualitative analysis is carried out. The results of this study indicate that the legal regulation of online gender-based violence in legislation as a whole, there are several legal instruments that can be used to ensnare perpetrators of online gender-based violence in Indonesia, but there is still a lack of regulations that specifically deal with gender-based violence in cyberspace. Existing laws are still general and do not provide specific protection against the gender dimension in digital violence. Criminal law enforcement against online gender-based violence currently, for many victims who still feel that justice has not been fully achieved due to the slow legal process, social stigma, and lack of adequate support, limited knowledge of the community and law enforcement officers and the difficulty of deleting content that has been distributed.
Tindak Pidana Persetubuhan Yang Dilakukan Secara Paksa Terhadap Anak (Putusan Nomor 119/Pid.B/2021/PN AMB) Wado, Riska La Ode; Sopacua, Margie Gladies; Fadillah, Astuti Nur
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.v1i2.12044

Abstract

This research discusses the application of material criminal law and criminal responsibility for perpetrators of criminal acts of sexual intercourse committed by force against children in this case. Purposes of The Research to analyze and discuss the application of material criminal law as well as examine and analyze criminal liability for perpetrators of criminal acts of sexual intercourse committed by force against children. Methods of The Research the research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively. Results of The Research the results of this research show that, in examining criminal cases, judges try to find and prove material truths based on the facts revealed in the trial, and stick to what is formulated in the public prosecutor's indictment. The element of unlawfulness is one of the parameters in determining personal responsibility for personal mistakes committed by the perpetrator. The perpetrator of the crime of sexual intercourse in this case has fulfilled the elements of the charges charged by the Public Prosecutor and therefore the perpetrator must be held accountable for his actions. The judge's legal considerations were in accordance with existing regulations by considering aggravating circumstances as well as mitigating circumstances based on the legal facts discovered in the trial.
Penegakan Hukum Terhadap Tindak Pidana Pertambangan Batu Cinnabar Ilegal Hakim, Dandy Alvian; Sopacua, Margie Gladies; Muammar, Muammar
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.v3i2.18150

Abstract

Luhu Village, West Seram Regency has a Cinabar Stone Mine. In addition to the people of Luhu Village, many people from outside the area also come to seek a living at the location. On the one hand, the community is very grateful because the results of the mining activities are very noticeable for improving the family economy, so that many of the needs of families and school children can be met. However, on the other hand, the mining activities they carry out do not have a permit from the government and are illegal activities. Law No. 4 of 2009 has regulated in detail the mining procedures, where the perpetrators, both individuals and legal entities who carry out mining activities without a permit, are declared illegal miners. The research method used in this study is Normative Empirical. The data needed was obtained, both from the West Seram Police, and from the community around the mining area. From the data collected, after being analyzed, it can be concluded that 1) Legal handling of illegal mining crimes in Luhu Village is carried out in three stages of handling; a) Socialization is carried out to the community, b) Preventive measures are taken, and c) Repressive measures are taken against perpetrators who are still stubborn; 2) In carrying out law enforcement, there are obstacles, both related to geographical factors, minimal personnel and supporting equipment, limited economic conditions of the community and cultural factors.
Penanganan Terhadap Anak Korban Kekerasan Seksual Yang Dilakukan Oleh Keluarga Terdekat Timisela, Victor Riko Febrianko; Sopacua, Margie Gladies; Fadillah, Astuti Nur
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.v3i2.19121

Abstract

Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies. The results show that in terms of handling efforts by means of a curative approach, efforts made by related institutions include psychological assistance and rehabilitation, legal services and advocacy, medical care and health recovery, temporary shelters, and social reintegration and family support.
Upaya Pencegahan Terhadap Anak Korban Kekerasan Verbal (Catcalling) Pada Lingkungan Pendidikan Maspaitella, Roshanty Putri; Sopacua, Margie Gladies; Saimima, Judy 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.v3i2.20430

Abstract

Violence that occurs in society against women, one of which is verbal sexual harassment, such as catcalling, is a form of behavior that can deprive a person of their human rights, especially the right to live a peaceful life, feel safe in their activities, build a life in peace, and feel physical and mental happiness in the community. Cases of verbal violence often occur in educational settings such as what happened in Ambon on April 11, 2024 by a student of SMA Negeri 5 Ambon with the initials AFM and the same case on April 2, 2025 experienced by a female student with the initials SW, where they committed verbal violence with sentences that harassed the body shape of their schoolmates. The research method used is normative research, a statutory approach, primary and secondary legal materials and material collection procedures using literature studies. Prevention efforts for child victims of verbal violence (catcalling) in the educational environment are 1) Having the ability or courage to stare at the perpetrator and leave immediately, if you have to pass a group of people who commit verbal violence (catcalling) during the day, the victim can stop for a moment and look at the perpetrator firmly: 2) Avoid wearing flashy jewelry, when walking alone, especially in a quiet place or a group of strangers, it is advisable not to wear flashy or excessive jewelry and 3) Be confident and try to think positively, that we can prevent this form of verbal violence (catcalling) by educating or socializing the law to children in the educational environment.
Co-Authors Ablamskyi, Serhii Adam, Sherly Adoa, Rama Astuti Nur Fadillah Denni Latumaerissa Fadillah, Astuti Nur Fharansyah, Muhammad Syukran Findianti, Sinta Annabella Hakim, Dandy Alvian Hehanussa, Deassy Jacomina Anthoneta Iqbal Taufik Ismail, Nurul Hadija Kabanga, Yoshua Andres Kiriwenno, Refliani Drevantly Lasamahu, Julio Latumaerissa, Denny Latumerissa, Denni Leasa, Elias Zadrach Leonie Lakollo Malaihollo, Aditya Putra Mentari Marlissa, Indah Glodia Maspaitella, Roshanty Putri Muammar Muammar, Muammar Paklioy, Ronny Putra Dirgantara Pasalbessy, John Dirk Saimima, Berrygibs Jacob Saimima, Judy Maria Saimima, Judy Marria Salamor, Anna Maria Salsabilla, Ditha Arizki Samangun, Indriyani Sirait, Ingrid Debora Soehadi, Virley Kezia Solissa, Moksen Doyan Supusepa, Reimon Talaohu, Abdussalam Ramdani Taufik, Iqbal Timisela, Victor Riko Febrianko Ubwarin, Erwin Wado, Riska La Ode Waliulu, Muhammad Afgan