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Penanganan Tindak Pidana Kekerasan Dalam Rumah Tangga Melalui Pendekatan Restorative Justice Latumaerissa, Denny; Sopacua, Margie Gladis; Saimima, Judy Marria; Patty, Jetty
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1847

Introduction: Domestic violence is a legal event that we often encounter in a society in Indonesia..The solution to family violence or the scope of a household when it is completed criminal law lines is not appropriate., Remembers that the perpetrator and the victim had a very close relationship., So it takes different ways of dealing with conflicts in that household.Purposes of Devotion: His dedication activities aimed at recognizing domestic violence, forms of domestic violence, the restorative justice, handling domestic rigidity through a restorative justice approach to forming a comprehension and legal awareness for the participant. Method of Devotion: Experience in the implementation of community law in halong, the city of ambon, through a discussion in panels which speakers for given the lectures was continued by question and answer session between spekers and participants.Results of the Devotion: The settlement of domestic violence by using conventional criminal justice in the fact that empiricals raise new issues of divorce..So to avoid the point., A more effective cdrt settlement model is needed without causing any damage to the household's wholeness.Restorative justice is an alternative or some other way of criminal justice by putting a priority on the integration of the perpetrators and the victims or the community as one unit to find solutions and go back to a good link between the perpetrators..Counseling activities are preceded by pretesting, Then continue the legal counseling activity in the public hall over a panel-based discussion where the authoritarian delivers the material in turns and then proceeds with the question-responsibility between the cooker and the community. Then do a post-tes.

Akibat Kealpaan Pemilik Lahan Yang Memasang Aliran Listrik Laimu, Wa Narti; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2114

Introduction: In criminal law, willfulness (dolus) is the desire and understanding that an action and its consequences occur, while negligence (culpa) is unintentional where caution is required of everyone, so as not to result in negligence resulting in death.Purposes of the Research: The purpose of this study is to discuss and analyze the consequences of the negligence of the land owner who installed electricity resulting in the death of people.Methods of the Research: By using normative juridical legal research methods (legal research). Type of descriptive analysis research. The problem approach consists of a statute approach, a conceptual approach, and a case approach. Sources of legal materials consist of: a) primary legal materials, namely the book of criminal law (KUHP), b) law number 30 of 2009 concerning electricity. Secondary legal materials, namely: doctrines, legal literature theories, research results and scientific articles. Tertiary legal materials are legal dictionaries, Indonesian language dictionaries, and websites. The collection and analysis of legal materials is to collect data, compile it methodically and then analyze it qualitatively to get clarity about the problems at hand.Results of the Research: The results of this study are that due to the negligence of the land owner who installs electricity which results in the death of people, it can be categorized as a crime, where due to negligence or negligence the perpetrator flows his garden fence with high-voltage electric current and does not return to turn off the electricity in succession. Consecutive for two days, and did not notify the local community so as to result in the death of someone. Criminal liability of perpetrators of criminal acts of negligence resulting in the death of another person is regulated in Indonesian positive law regulated in Article 359 of the Criminal Code (KUHP) which restrictively reads: "Anyone who because of his mistake (negligence) causes another person to die, is threatened with the death penalty. Imprisonment for a maximum of five years or a maximum imprisonment of one year”.

Penganiyaan Terhadap Anak Pasca Sekolah Offline Pada Masa Pandemi Covid 19 Soehadi, Virley Kezia; Sopacua, Margie Gladies; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1679

Introduction: The Indonesian government has issued a number of policies to support criminal law enforcement during the Covid-19 pandemic. Children are entrusted by God Almighty who must be guarded and protected as the next generation of the nation and State. Children's rights must also be fulfilled and protected from violence and all forms of discrimination and treatment that are contrary to the general principles of child protection. As for the events that occurred after the Covid 19 pandemic, namely children committing violence against fellow students where the chronology of events was on Monday, October 10, 2022 at around 15.00 WIT, located in front of the Ambon Muhamadiah school in Talake, where the perpetrator FF stopped the victim when he returned home from school and beat the victim using his right and left hands repeatedly on the victim's face and kicked the victim from behind hitting the victim's spine. RS saw the beating and immediately ran towards the victim and also beat the victim using his right fist and left fist towards the back of the victim's head.Purposes of the Research: This study uses normative legal research methods. Peter Mahmud Marzuki, argues that normative legal research which is another name for doctrinal legal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materialsResults of the Research: The reasons why children commit violence in the form of maltreatment during the post-pandemic covid 19 online school include; 1) Internal Factors which are divided into; a) the child's own factors where the child has a bad character; b) parental or family factors where the child grows and develops with violence from both parents; c) poverty factors where a person is unable to meet his own needs according to the standard of living; and d) the presence of unwanted children, namely parents who do not anticipate pregnancy so they will do everything in their power to get rid of the child, then 2) External factors consisting of; a) outer circle factors where this factor talks about a bad environment that causes children to commit violence against other children in the form of maltreatment; b) social media where users can easily participate, communicate, share, and create different content without space and time restrictions; and c) cultural factors where they still think that the status of children is underestimated and must be punished if they do not conform to parental expectations.

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: 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: 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.

Penerapan Konsep Plea Bargaining Dalam Sistem Peradilan Pidana Terpadu Di Indonesia Paklioy, Ronny Putra Dirgantara; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2473

Introduction: The principle of simple, fast and low cost justice is a principle in the Indonesian judicial system that requires the implementation of law enforcement to be able to provide protection and legal certainty in the judicial process. The plea bargaining system is one of the alternatives that can be used to overcome the burden of cases in court and realize the principle of simple, fast and low cost justice as a principle in the Indonesian criminal justice system optimally.Purposes of the Research: The purpose of this paper is to review and analyze the application of the plea bargaining system and the obstacles in the application of the plea bargaining system in the Indonesian justice system.Methods of the Research: The method used in this writing is normative juridical with a statutory approach, comparative approach, and concept approach.Results of the Research: Based on this paper, it can be concluded that plea bargaining system is a part of criminal justice system that is developed and maintained by many countries up to now, both countries with common law system and countries with civil law system. Plea bargaining system is a system that has not been recognized in the Indonesian judicial system, however, this system can be a solution to the problem of accumulation of cases in the courts, the implementation process must be carried out comprehensively, and adjustments need to be made to the Indonesian criminal justice system so that it can be implemented and implemented optimally and effectively.

Penerapan Sanksi Pidana Terhadap Anggota Polri Yang Melakukan Penyalahgunaan Senjata Api Manuhutu, Philicia; Alfons, Saartje Sarah; Latumaerissa, Denny
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.v3i1.1540

Introduction: Normatively, Indonesia is actually a country that is quite strict in implementing the rules of gun ownership for civilians. There are a number of legal bases that regulate this, starting from the level of the Law, namely Emergency Law Number 12 of 1951, Law Number 8 of 1948 and PERPU Number 20 of 1960. The rest are regulations issued by the Police such as the Chief of Police Decree No. Skep/244/II/1999 and Chief of Police Decree No. 82 of 2004 concerning the Implementation of Supervision and Control of Non-Organic Weapons. In fact, the use of firearms must be very sensitive and selective, not in every condition of handling crimes the police must show, point and even pop their firearms. In Perkap 01 of 2009 concerning the purpose of the use of force in police actions Article 2 states: The purpose of the use of force in police actions is: prevent, inhibit, or stop the actions of criminals or suspects who are attempting or carrying out actions that are against the law; prevent criminals or suspects from escaping or taking actions that endanger members of the Police or the public; protect themselves or the public from the threat of acts or actions of criminals or suspects that can cause severe or deadly injuries; or protect the honor of decency or property of oneself or the community from attacks that are against rights and / or threaten human life. Various cases of shooting or misuse of firearms by members of the police have resulted in the public becoming victims.Purposes of the Research: This article aims to analyze and discuss law enforcement for members of the National Police in the misuse of firearms and analyze and discuss the application of criminal sanctions against members of the National Police who misuse firearms.Methods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that in law enforcement against unscrupulous members of the National Police through the application of criminal sanctions in the misuse of firearms through efforts to overcome the misuse of firearms by members of the National Police are grouped into 2 groups, namely repressively and preventively. Repressively, against members of the Police who misuse firearms will be subject to action in the form of disciplinary sanctions and / or criminal sanctions as stipulated in the Criminal Code. Preventive efforts are carried out by tightening psychological tests and mental tests for the right to hold firearms, not allowing members with personal, family or official problems to borrow firearms, and retesting the right to hold firearms for Polri members who hold firearms. The application of criminal sanctions against unscrupulous members of the National Police who misuse firearms resulting in the death of members of the public based on the laws and regulations applicable to unscrupulous members of the National Police is legally processed through a trial process in court and based on the juridical and non-juridical legal considerations of the Judge so that the judge decided that the defendant Markus Manuhutu alias Max alias Maku was legally and convincingly proven guilty of committing a criminal act due to his negligence resulting in the death of another person in accordance with Article 359 of the Criminal Code and imposed a prison sentence on the defendant with a prison sentence of 2 (two) years and 6 (six) months.

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

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

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 Terhadap Pelaku Penyebaran Konten Asusila Salmon, Harly Clifford J; Latumaerissa, Denny; Saimima, Judy Marria
Jurnal Risalah Hukum Vol 21 No 1 (2025): Volume 21, Nomor 1, Juni 2025
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/risalah.v21.i1.1593

The purpose of this study is to examine and analyze law enforcement against asusila content spreaders as well as to examine and meganalyze obstacles in law enforcement against asusila content spreaders.This study uses empirical juristic research methods.The jurisdictions approach is used to analyze the legislative regulations relating to the dissemination of the content of the asusila.Empirical approaches are used to analyze empirical data obtained from the study of documents and interviews with key informants.As for the results of this study, which is enforcement against perpetrators of the spread of content asusila involves several steps starting from the investigation, Investigation, until the trial.This process involves various institutions, including police, The prosecution, and the court.Somerules that are the legal basis that can be applied to the perpetrators of the distribution of pornographic content among others: kuhp, The National Institute of Allergy and Infectious Diseases . pornography law, the obstacles in law enforcement the content porno is the lack of data to restore the availability of video or photographs that contain a pornography, when unexpected perpetrators have remove the data, so as to the evidence and investigators must bring attendant / investigators suspected cell phone video as well as a photograph in which is intended to labs digital forensic police in makassar, and not a ite in maluku, to ask the expert testimony and evidence to support should come from outside the maluku ite notabenenya memelukan large enough money.

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