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All Journal Risalah Hukum TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum LUTUR Law Journal PATTIMURA Law Study Review Matakao Corruption Law Review
Latumaerissa, Denny
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : PATTIMURA Law Study Review

 1 
Kebijakan Hukum Pidana Terhadap Tindak Pidana Kepemilikan Senjata Api Oleh Masyarakat Sipil Termature, Marlen; Sopacua, Margie Gladis; Latumaerissa, Denny
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13868

Abstract

ABSTRACT: Possession and misuse of firearms by civilians is a very dangerous and potentially dangerous matter. How firearms can cause the death of a person or many people. Even though firearms are very important for national defense and security, firearms can usually cause very detrimental consequences for individuals and society if they are misused or used not in accordance with applicable regulations. Therefore, this paper aims to determine the legal policies implemented regarding the ownership of firearms by civilians. The research method used in this writing is Normative Juridical, the problem approach used is the statutory approach, case approach and conceptual approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this writing was carried out using the literature study method, the processing of legal materials in this writing was carried out by systematizing the legal materials by carrying out selection of legal materials and the analysis used in this writing used qualitative analysis methods. The result of the discussion of this writing is to explain one form of criminal law policy, namely Formulation Policy. Formulation Policy is a step taken by the state to formulate any actions that are considered disgraceful, then use criminal law as an effort to overcome actions that are considered disgraceful, so that people stay away from them or do not commit these actions. However, in reality, the current criminal law formulation policy, especially regarding the current Policy for Formulating the Crime of Illegal Firearms Possession, has a number of fundamental weaknesses, thus affecting the level of effectiveness in the implementation of eradicating the crime of Illegal Firearms Possession, due to weaknesses in the formulation stage (in abstracto) is a strategic weakness for the next stage, namely the application and execution stage (in concrete). Apart from that, there are many law enforcement efforts carried out related to criminal acts of possession of firearms by civil society, including: preventive efforts and repressive efforts. In efforts to enforce the law, the obstacles encountered are: internal obstacles and external obstacles.
Kebijakan Krimimnal Perbuatan Ujaran Kebencian (Hate Speech) Melalui Media Sosial Menurut Hukum Pidana Noija, Jofransly Imanuel; Toule, Elsa Rina Maya; Latumaerissa, Denny
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13874

Abstract

ABSTRACT: Hate speech is a prohibition stipulated in Article 28 Paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions which prohibits everyone from spreading hate speech. This act is an unlawful act because it violates human rights, such actions can be carried out not only directly but also on social networks which make people freely criticize and express hatred. Therefore, this paper aims to review and analyze the acts and forms of hate speech through social media. The research method used in this writing is Normative Juridical, the problem approach used is a statutory approach, case approach, and conceptual approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this writing is carried out by the literature study method, the processing of legal materials in this writing is carried out by systematizing legal materials by carrying out the selection of legal materials and the analysis used in this writing uses a qualitative analysis method. Based on the results of the research, it is explained that the criminalization of hate speech through social media is an act that violates the law and can be subject to criminal sanctions, the provisions regarding hate speech in Indonesia that exist at this time as stated in Articles 156, 157, 310, 311 of the Criminal Code, Article 28 jis Article 45 paragraph (2) of the ITE Law, and Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, have clearly regulated the prohibited acts and criminal threats. Hate speech crimes take several forms such as insults, defamation, blasphemy, unpleasant actions, provoking, inciting, and spreading false news on social media that cause actions that violate the rule of law.
Pemidanaan Dibawah Pidana Minimum Bagi Anggota Polri Dalam Tindak Pidana Narkotika Tetelepta, Brian; Wadjo, Hadibah Zachra; Latumaerissa, Denny
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.v3i1.19835

Abstract

This study discusses narcotics crimes for members of the National Police Narcotics abuse can cause damage to the resilience of society, nation, and state. Parties who abuse narcotics according to Law Number 35 of 2009 consist of narcotics addicts regulated in Article 1 number 13 and abusers regulated in Article 1 number 15. Narcotics Addicts are people who use or abuse Narcotics and are in a state of dependence on Narcotics, both physically and psychologically, this study uses a normative Juridical research method, with the technique of collecting and analyzing legal materials is Literature Analysis. Perpetrators and victims of narcotics abuse come from all groups and ages, from children, adolescents, to adults. The spread of illegal drugs has spread and expanded all over the world. The sophistication and ease of transportation facilities and technology greatly facilitate the development of narcotics abuse. Increasingly sophisticated communication tools are one of the means that can facilitate the process of narcotics abuse because they can be done anywhere and anytime. This can be done quickly and easily, especially with the internet.
Pola Pembinaan Narapidana Anak Oleh Lembaga Pembinaan Khusus Anak Roroa, Lela Sari; Toule, Elsa Rina Maya; Latumaerissa, Denny
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.v3i1.19836

Abstract

The government delegates the task of developing children to an organization called the Special Children's Correctional Institution (hereinafter referred to as LPKA). LPKA is a place to educate and guide children who are detained or have committed violations of the law. Forms of guidance for child prisoners at LPKA Class II Ambon include: personality development, skills development, and formal and non-formal education. So, through the coaching carried out, it is hoped that when the child returns to society, the child will have self-confidence and will always have the energy to act positively. However, based on the reality in LPKA Class II Ambon, through the existing forms of coaching, there is still no influence on the results of coaching the target children, because when the children return to society, the children do not have self-confidence and no energy to act positively. The legal research method used is normative legal research or library legal research, this is legal research that examines document studies, namely using various primary legal materials such as statutory regulations, court decisions, legal theories, and can be in the form of expert opinions. From the results of research conducted by researchers using conceptual and statutory approaches, the results concluded are that in the problem of coaching patterns at the Ambon Class II Special Child Development Institute (LPKA) it can be said that there is significantly no influence when children return to living their lives in social environment of society. The factors that hamper the implementation of training for child prisoners at LPKA are: LPKA facilities do not fully support the pattern of training for children of prisoners, such as limited skills space, lack of skills tools, lack of tables and chairs.
Penegakan Hukum Pidana Terhadap Peredaran Barang Cukai Ilegal di Kantor Pengawasan Dan Pelayanan Bea Dan Cukai Pattinusa, Donny; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
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.v3i2.14714

Abstract

The Directorate General of Customs and Excise is a directorate under the Ministry of Finance of the Republic of Indonesia which is authorized to take care of customs and excise issues. One form of violation of the law in the field of export and import of goods is smuggling. Smuggling issues are always related to customs and excise. Smuggling is an interesting issue to discuss because it relates to the implementation of the duties of law enforcers and several agencies including DGCE in enforcing the law and supervising export and import activities. The research method used to examine and discuss this issue is the normative legal research method. The approaches used are the legislative approach, conceptual approach and case approach. The legal materials used include primary legal materials and secondary legal materials. The results of this study indicate that: (1) factors affecting law enforcement against the circulation of illegal excise goods at the Ambon Customs and Excise Supervision and Service Office include the development of trade practices, misuse of information technology, and public demands for the existence of supervision of goods traffic. (2) The form of criminal law enforcement against the circulation of illegal excise goods at the Ambon Customs and Excise Supervision and Service Office is enforcement in concreto, which is carried out through prosecution. The flow of enforcement consists of 3 (three) stages, namely, pre-enforcement, enforcement and post-enforcement. The content of the results of the prosecution.
Co-Authors Alakaman, Nesti Yusticiadewi Laimu, Wa Narti Latupeirissa, Julianus Edwin Manuhutu, Philicia Noija, Jofransly Imanuel Nussy, Jennifer Ingelyne Paklioy, Ronny Putra Dirgantara Pattinusa, Donny Patty, Jetty Roroa, Lela Sari Saartje Sarah Alfons Saimima, Judy Marria Salmon, Harly Clifford J Samangun, Indriyani Soehadi, Virley Kezia Sopacua, Margie Gladies Sopacua, Margie Gladis Termature, Marlen Tetelepta, Brian Titahelu, Juanrico Alfaromona Sumarezs Toule, Elsa Rina Maya Wadjo, Hadibah Zachra