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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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The Success of Diversion For Children Who In Conflict With The Law On Investigation Level Supusepa, Reimon; Sopacua, Margie Gladies
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1584

Abstract

Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime
Parallel Investigation As An Effective Step In Handling Cases Of Money Laundering Crimes Arising From Forestry And Environmental Crimes Paklioy, Ronny Putra Dirgantara; Sopacua, Margie Gladies
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1544

Abstract

Introduction: Parallel Investigation, is a concept in the enforcement of money laundering or money laundering, in Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering or hereinafter referred to as the Anti-Money Laundering Law Article 74 stipulates that "The ML investigation is carried out by investigators predicate offense in accordance with the provisions of the procedural law and the provisions of laws and regulations, unless otherwise provided for by this law”. Money laundering is a further crime from the predicate crime, one of the predicate crimes that has a high risk of money laundering is forestry and environmental crimes, the provisions of the Anti-Money Laundering Law article 74 and the issuance of the Constitutional Court decision Number 15/PUU-XIX/2021, which applies the principle of parallel investigation in money laundering originating from forestry and environmental crimes.Purposes of the Research: The purpose of this study is to find out the effectiveness of using the principle of parallel investigation in handling money laundering offenses originating from forestry and environmental crimes.Results of the Research: The results of the study show that Parallel Investigation is an effective step in handling money laundering offenses arising from forestry and environmental crimes because Parallel investigation is a concept where investigators of predicate crimes, namely PPNS, can handle money laundering offenses investigations if there are findings in the investigation of predicate crimes, which will reduce the total costs. and it will not take a long time because there is no longer a need for a new investigation by combining ML investigations and forestry and environmental crimes into a single investigation process.
Kajian Yuridis Kejahatan Cyber Bullying Di Media Sosial Lasamahu, Julio; Sopacua, Margie Gladies; Fadillah, Astuti Nur
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3022

Abstract

Introduction: Cyber bullying or bullying in cyberspace is an intentional act of intimidation, humiliation, humiliation or harassment via the internet. One typical example was experienced by FS, where the victim received deliberate insults from the perpetrato, through posts on the perpetrator's social account (FB). Purposes of the Research:  this research aims to examine and discuss the elements of the criminal act of cyber bullying and the application of criminal sanctions against performers of cyber bullying.Methods of the Research: This research uses a normative juridical research method with the legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were carried out through literature study and analyzed using qualitative methods to answer the problems in this researchResults / Findings / Novelty of the Research: The results of this research explain that Cyber bullying is a bullying behavior or annoying behavior, continuously harassing or causing trouble to someone through the internet or cyberspace, such as spreading disputes, harassment, defamation, these actions comply with the formulation of article 27 paragraph (3 ) ITE Law. One of them is insulting or defaming which can make the perpetrator threatened with article 27 paragraph (3) and threatened with imprisonment for a maximum of 4 (four) years and/or a fine of a maximum of IDR 750,000,000.00 (seven hundred and fifty million rupiah). The crime of cyber bullying cannot be completely eradicated, but it can be prevented by starting from oneself, and this crime should not be ignored and considered a joke, but we must better understand the impact of the crime of cyber bullying itself
Legal Education About Efforts to Resolve Domestic Violence Against Wives Sopacua, Margie Gladies; Taufik, Iqbal; Latumerissa, Denni
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.v5i1.2483

Abstract

Introduction: Domestic violence, especially against wives, is a legal event that we often encounter in Indonesian society. Violence against wives that occurs in the household is not only experienced and found in the public sphere, but also very prevalent in the domestic sphere.Purposes of The Devotion: Providing Understanding to the Community, Community Service in Waipirit Village, Kairatu District, West Seram Regency, about Domestic Violence and efforts to resolve domestic violence crimes experienced by wives can be done using a restorative justice approach. Method of The Devotion: The method used is legal counseling to the community about efforts to resolve domestic violence crimes experienced by wives can be carried out using the Western restorative justice approach in Waipirit Village, Kairatu District, West Seram Regency.Results Main Findings of the Devotion: The implementation of Community Service activities  in Waipirit Village, Kairatu District, West Seram Regency,  can be found in efforts to resolve  domestic violence crimes experienced by wives can be carried out using a restorative justice approach where it provides opportunities for  parties  who are involved, especially the perpetrator and the victim, to participate in solving the case in such a way that the  role of the perpetrator and victim here only acts as witnesses when the case of violence is resolved by the police, especially in the Child Protection Law.
Criminology of Sexual Acts Committed by Children Saimima, Berrygibs Jacob; Hehanussa, Deassy Jacomina Anthoneta; Sopacua, Margie Gladies
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2050

Abstract

Introduction: Child as an unlawful act committed solely as a reaction to pressure or pressure from within and from the child's environment.Purposes of the Research: The aim of this research is to examine and analyze the factors that cause children to commit crimes of sexual intercourse and to analyze and explain efforts to overcome criminal acts of sexual intercourse committed by children.Methods of the Research: The type research to be used is normative legal research, which is a study that examines positive legal provisions, legal principles, legal principles and legal doctrines to answer the legal issues faced.Results Main Findings of the Research: The results of this research show that children have sexual intercourse with children specifically, namely the child is in his teens and his psychological condition is still very unstable, resulting in the child not being able to think long and hard about the criminal act he committed. Efforts to overcome the crime of sexual intercourse committed against children are through preventive measures in a non-penal way, namely by educating the community and schools to monitor and pay attention to a person's activities or behavior so that they do not deviate. So when handling cases against children there needs to be maximum sanctions and punishments aimed at strong self-control so that they are not easily tempted to do something that is not good in their hearts and minds.
Comparative Legal Analysis of the Resolution of Physical Violence Crimes Against Women in Indonesia and Malaysia Sopacua, Margie Gladies; Taufik, Iqbal; Ablamskyi, Serhii
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.65211

Abstract

The incidence of criminal acts of violence against women, or gender-based violence, in both Indonesia and Malaysia has shown an upward trend. This study aims to conduct a comparative legal analysis of the resolution mechanisms for physical violence against women in the two countries. The research employs a doctrinal legal method.The findings indicate that in Indonesia, the resolution of physical violence against women involves both penal and non-penal approaches. Domestic violence cases are addressed through multiple strategies, including preemptive, preventive, and curative measures. In Malaysia, the resolution of domestic violence cases includes the issuance of Interim Protection Orders (IPO) and Protection Orders (PO) by the courts, which are accompanied by access to shelters, counseling services, legal advice, guidance, and referrals to relevant institutions.The study concludes that both Indonesia and Malaysia share common objectives in preventing and eradicating domestic violence. However, their approaches differ due to the distinct legal systems each country follows. Malaysia adheres to the Anglo-Saxon common law system, whereas Indonesia follows the Civil Law tradition.
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.
Criminal Liability for the Perpetrator of Wife and Child Abandonment in the Household Findianti, Sinta Annabella; Sopacua, Margie Gladies; Muammar, Muammar
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i1.2917

Abstract

Introduction: Criminal liability is a legal process that ensures that every individual who commits a criminal act must be responsible for his or her actions, in this case the neglect of wife and children, criminal liability serves to provide a deterrent effect to the perpetrator and protect the rights of victims who have been harmed.Purposes of the Research: This study aims to analyze criminal liability for perpetrators of wives and children neglect in the household with a case study of Court Decision Number 45/Pid.Sus/2020/PN Psb.Methods of the Research: The research methods used are normative research, legislative approaches, primary and secondary legal materials and material collection procedures using literature studies. The approaches used are: statute approach, conceptual approach, and casus approach. Legal material tracing techniques using document study techniques, and study analysis using qualitative analysis.Findings of the Research: The results of the study show that criminal liability to the perpetrators of wives and children abandonment in the Court Decision Number 45/Pid.Sus/2020/PN. PSB, namely the defendant in being sentenced to prison for 3 (three) months, besides that the defendant will also improve his behavior and be responsible as the head of household for his family in the future,
Children As Victims of Sexual Violence: Criminological Perspective Waliulu, Muhammad Afgan; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 4, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i4.2960

Abstract

Introduction: Children are a mandate and a gift from God Almighty that must be safeguarded because they have human dignity and rights that must be upheld. Sexual violence crimes obtained by the Ambon City Police (POLRESTA) and Lease Islands during 2022 to 2024, the forms of sexual violence were in the form of sexual intercourse and sexual abuse of children.Purposes of the Research: This research aims to examine and discuss what are the factors that cause children to become victims of sexual violence at the Ambon City and Lease Islands Police Station.Methods of the Research: The research used in this legal writing is empirical legal research or non-doctrinal research (socio legal research), using the research approach used by the author is a qualitative approach where this approach is a research method that produces analytical descriptive data This research uses primary data and secondary data.Findings of the Research: The results showed that Factors causing children to become victims of sexual violence at the Ambon City and Lease Islands Police Department are 1) Lack of Education; 2) Psychological Disorders of the Perpetrator; 3) Technological Advancement Factor; and 4) Lack of Supervision from Parents.
Co-Authors Ablamskyi, Serhii Adam, Sherly Adoa, Rama Astuti Nur Fadillah Denni Latumaerissa Fadillah, Astuti Nur Fharansyah, Muhammad Syukran Findianti, Sinta Annabella 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 Muammar Muammar, Muammar Paklioy, Ronny Putra Dirgantara Pasalbessy, John Dirk Saimima, Berrygibs Jacob Saimima, Judy Marria Salamor, Anna Maria Salsabilla, Ditha Arizki 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