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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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Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Pencucian Uang Pasif Talaohu, Abdussalam Ramdani; Sopacua, Margie Gladies; Leasa, Elias Zadrach
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 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.v1i1.9041

Abstract

Introduction: Article 5 paragraph (1) of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In this article, the maximum penalty is 5 years and a maximum fine of Rp. 1,000,000,000 (one billion rupiah). However, in the case of Faradibah Jusuf and his colleagues, one of the defendants on behalf of Soraya Pelu committed the crime of passive money laundering but was sentenced to 15 years in prison and a fine of five hundred million rupiah. This criminal provision exceeds the maximum criminal provisions in Article 5 paragraph (1). In addition, in this case there are 2 other suspected perpetrators, namely the initials DN and AMT, the closest people to the perpetrator Faradiba Yusuf, who is suspected of committing a passive money laundering crime, not being prosecuted and sentenced according to Article 5 paragraph (1) of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. Purposes of the Research: This study aims to examine: Criminal liability against perpetrators of passive money laundering and the system of evidence for passive money laundering. Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field. Results of the Research: Criminal responsibility for the crime of money laundering can be imposed on criminals who receive funds or assets from the criminal subject to which criminal liability is required. There is a dissenting opinion from Judge Member 1 on Decision Number 5/Pid.Sud-TPK/2020/PN Amb, which basically explains that Judge Member 1 differs in opinion because according to Judge Member 1, the punishment for each of them must refer to the guidelines that have been set, issued by the Supreme Court of the Republic of Indonesia as contained in Supreme Court Regulation (Perma) Number 1 of 2020 dated 27 July 2020. This difference of opinion concerns the roles of each which are not the same as each other, causing unequal punishment.
Putusan Bebas Tindak Pidana Korupsi: Studi Putusan Pengadilan Negeri Ambon Nomor 12: PID.SUS-TPK/2024/PN.AMB Salsabilla, Ditha Arizki; Sopacua, Margie Gladies; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 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.v3i1.19839

Abstract

An acquittal (vrijspraak), acquittal, if the defendant's guilt for the act charged to him is not proven legally and convincingly based on the results of the examination in court. Article 183 of the Criminal Procedure Code, A judge may not sentence someone unless he is convinced, with at least two valid pieces of evidence, that the crime actually occurred and the defendant is guilty of committing it. The research method used is the normative legal research type, which is carried out by examining library materials or secondary data, namely examining theories, concepts, legal principles and laws and regulations that are relevant to the problem being studied. The results of the study indicate that the application of material criminal law to corruption cases in the Ambon District Court decision case Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) was carried out in accordance with the legal facts, both statements from witnesses, statements from the defendant, and evidence. The form of the indictment made by the public prosecutor is appropriate because if the public prosecutor chooses to compile an indictment in the form of a subsidiary, then the systematic arrangement is where the crime threatened with the heaviest principal penalty is placed in the first layer or placed on the primary indictment and the crime threatened with a lighter penalty is placed on the indictment but in terms of proof it can cause difficulties because the proof of the primary indictment can touch the proof of the subsidiary indictment. The Judge's Legal Considerations in handing down the Acquittal was handed down to the Ambon District Court decision Number: 12 / Pid.Sus-TPK / 2024 / PN Amb.) because it was not legally and convincingly proven that the defendant was guilty of committing the corruption crime charged.
Perception of Indonesia and Afghanistan in Preventing Psychic Violence Against the Household Women Sopacua, Margie Gladies
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (656.477 KB) | DOI: 10.33756/jlr.v5i2.18529

Abstract

The urgency and purpose of this study examine efforts to prevent psychological violence against women in the household as a form of upholding human rights. The method used is normative juridical, namely by studying theoretical literature, legal concepts, and legal norms, and connected with the efforts to prevent psychological violence against women in the household as a form of upholding human rights. The research results show that prevention psychological violence against women in the household as a form of upholding human rights, namely husbands and wives who are within the scope of the household should further increase their respective faiths by getting closer to God Almighty; Husbands and wives are open to each other, appreciate, respect and love within the scope of the household with full affection so that husbands and wives feel harmonious and comfortable both spiritually, physically, psychologically and so on; We must reject beliefs, beliefs or history about women that women are weak and as a wife if something happens in the household it becomes the wife's fault; Awareness to all parties included in the household sphere that domestic violence that occurs to women as wives is no longer a family disgrace, but acts of domestic violence are criminal acts and need to be handled properly and domestic violence must be abolished in every household sphere ; In order to escape from domestic violence, victims need to get legal protection and safe shelters prepared by the government.
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.
Criminal Act of Child Neglect in the Household Marlissa, Indah Glodia; Adam, Sherly; Sopacua, Margie Gladies
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22884

Abstract

Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values ​​of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society. The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope. The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials. The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect.
Sexual Violence Against Girls Committed by Next of Kin Timisela, Victor Riko Febrianko; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 9, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i9.3107

Abstract

Introduction: 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.Purposes of the Research: This study aims to analyze the contributing factors of sexual violence committed by close family members against children and to examine the efforts made to address the issue.Methods of the Research: The method used is empirical juridical research with a descriptive qualitative approach.Findings of the Research: The research findings reveal that the main factors contributing to sexual violence within families include economic dependence, power dynamics, individual factors, family dysfunction, and socio-cultural influences. Common modus operandi used by perpetrators involve power relations, threats and intimidation, emotional manipulation, normalization of abuse, and creating opportunities for violence. In terms of curative approaches, relevant institutions provide psychological support and rehabilitation, legal aid and advocacy, medical care and recovery, temporary shelters, as well as social reintegration and family support.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pembunuhan (Putusan Nomor 312/Pid.B/2023/PN Amb) Samangun, Indriyani; Sopacua, Margie Gladies; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 2 (2025): Volume 5, Nomor 2, Oktober 2025 (in progress)
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3663

Abstract

Introduction: The crime of murder is a serious violation of the fundamental right to life. Often, these crimes are triggered by the consumption of alcoholic beverages, which affects the perpetrator's control. This was observed in Case Number 312/Pid.B/2023/PN Amb, where the defendant stabbed the victim while under the influence of alcohol.Purposes of the Research: This study aims to analyze the law enforcement process and the judge's legal considerations in sentencing the perpetrator of murder under the influence of alcohol in the decision Number 312/Pid.B/2023/PN Amb.Methods of the Research: This research uses a normative juridical method with a statutory, case, and conceptual approach. The data used are secondary data obtained through library research and analyzed qualitatively.Results / Findings / Novelty of the Research: The results show that the law enforcement process has proceeded in accordance with the Criminal Procedure Code (KUHAP). The judge considered the elements of Article 338 of the Criminal Code to be proven. However, in the sentencing considerations, the judge used the defendant's drunkenness and spontaneity as mitigating factors, resulting in a sentence of 8 years in prison. This is considered relatively light compared to the maximum threat of 15 years and the fatal consequence of the loss of life, raising questions about the balance between legal certainty and substantive justice
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