Sopacua, Margie Gladies
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Pertimbangan Hukum Hakim Dalam Putusan Pengadilan Negeri Ambon Nomor 306/Pid.B/2020/PN.Ambon Terhadap Perampasan Jenazah Covid-19 Dalam Prespektif Tujuan Pemidanaan Arnas, Bella Verawaty; Supusepa, Remon; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.661

Abstract

Introduction: Indonesia is currently being hit by the Corona Virus or Covid-19. Various efforts have been made in handling Covid-19.Purposes of the Research: To examine and discuss the accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine and To examine and discuss whether the judge's considerations in the decision of the perpetrators of the seizure of the Covid-19 corpse have fulfilled the purpose of punishment.Methods of the Research: This research is a normative juridical research type of descriptive analytical research, the sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials analysis techniques are inventory procedures and identification of laws and regulations, as well as classification and systematic legal materials according to research problems, while analysis of legal materials is both destructive and qualitative methods.Results of the Research: The results obtained from this study are: Accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine is criminalized and/or fined, and the judge's consideration in the decision of the perpetrators of the seizure of the Covid-19 corpse has fulfilled the purpose of punishment because it has fulfilled juridical considerations as well as non-juridical considerations. Then, in terms of the accountability of the perpetrators, more attention is paid to the teaching of participation because the confiscation of the bodies of Covid-19 is not only carried out by a few people with the participation and the judge's consideration in imposing a crime in the future will have a more deterrent effect on the perpetrators of criminal acts so that this event or incident does not happen again
Pertanggungjawaban Pidana Pelaku Pembobolan Kartu Kredit Dalam Tindak Pidana Di Bidang Perbankan Djokdja, Galang Ramadhan; Adam, Sherly; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.909

Abstract

Introduction: There are many cases of fraud with credit cards at banks known as carding, but there is no new legal rule to ensnare the perpetrators so that the judges still use the old rules, namely the Criminal Code. Law enforcement in the banking sector includes regulatory issues in the field of information technology and other aspects are the ability of law enforcement officers, public legal awareness, and infrastructure that supports law enforcement, especially in reviewing criminal liability for perpetrators.Purposes of the Research: Criminal liability for credit card burglary perpetrators in criminal acts in the banking sector. Methods of the Research: The research method used is normative juridical with a problem approach in the form of a statutory approach, a conceptual analysis approach and a case approach. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through library research and processing techniques and analysis of legal materials through descriptions using qualitative methods.Results of the Research: The results of the study indicate that the criminal law regulation of the crime of carding has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and has been formulated in articles 362, 363 and 378 of the Criminal Code. namely about Theft and Fraud. Carding criminal liability can be carried out based on the ability of the perpetrator to be responsible; there is an error in the form of a deliberate act of the perpetrator as proven in accordance with the articles in paragraph; there is no excuse for his actions; and may be subject to sanctions for carding criminals.
Upaya Penanggulangan Terhadap Warga Binaan Perempuan Yang Melakukan Kekerasan Lewaherilla, Gloria Altika Adriani; Toule, Elsa Rina Maya; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1101

Abstract

Introduction: Women's Correctional Institutions are still physically violent among inmates.Purposes of the Research: Analyze and discuss countermeasures carried out for female inmates who commit violence against fellow female inmates.Methods of the Research: This research uses empirical juridical research type with analytical descriptive research type. The technique of collecting legal materials is by conducting library research on legal materials, namely Primary Legal Materials and Secondary Legal Materials. Legal materials analysis techniques are obtained from qualitative classification.Results of the Research: The results of this study indicate that there are female inmates who are serving their criminal period, but also commit violence between inmates. The various factors that cause violence by inmates at the Class III Ambon Women's Correctional Institution are personal problems that become a burden on the inmates' minds, so that always overshadowed by feelings of irritation, boredom, and an emotional nature, which causes emotional instability among the inmates, and the absence of intimacy and harmonious relations between the inmates. As well as efforts to handle cases of violence carried out by inmates at the Class III Ambon Women's Correctional Institution in the form of pre-emptive efforts such as independent and spiritual development, preventive efforts in the form of supervision which is divided into three shifts, repressive efforts of inmates are put in solitary confinement for 6 (six) days and delaying or eliminating certain rights in accordance with a predetermined time.