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All Journal TATOHI: Jurnal Ilmu Hukum SASI Matakao Corruption Law Review
Hattu, Jacob
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Law, Crime, Criminology & Criminal Justice

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Pendekatan Restorative Justice Dalam Penyelesaian Konflik Antar Negeri Di Saparua Manawan, Edgar Erlangga; Pasalbessy, John Dirk; Hattu, Jacob
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.v3i12.2111

Abstract

Introduction: Indonesia in handling conflicts in general is mostly resolved by using the concept of a customs approach: Like the conflict in the Saparua Archipelago, the conflict between Haria and Porto took place from 2011 to 2013, conflicts caused by Boundary Disputes in Air Raja, and brawls school children involving students from Negeri Haria and students from Negeri Porto.Purposes of the Research: This writing aims to find out how the Restorative Justice Approach Process is carried out by the Saparua Police in resolving interstate conflicts in Saparua, as the aim of which is to find out what are the benefits and obstacles encountered in implementing the restorative justice approach.Methods of the Research: This research method is empirical juridical research and uses a sociological approach with the community, data collection techniques through interviews and documents obtained from the library and the authorities, data processing techniques, namely by editing to find out that the data collected is sufficient good or not in supporting problem solving, Data Analysis Method uses qualitative analysis techniques.Results of the Research: The results of the study show that the restorative justice approach applied to social conflicts in Saparua countries is very good and in accordance with the traditional customs of the Saparua people in resolving conflicts, and with the existence of a restorative justice approach it provides certainty of justice for victims, perpetrators and society and conflict resolution is recognized in the eyes of the law because it is a mechanism of the criminal justice system.
Penyelidikan Dan Penyidikan Dalam Perkara Pidana Leasa, Cynthia Cornelia; Adam, Sherly; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2454

Abstract

Introduction: Criminal law enforcement in Indonesia has started from a short but long and long time, at least it can be seen from the enactment of law number 8 of 1981 concernig the Criminal Procedure Code. Police in carrying out their duties as law enforcement officers must be based on law number 2 of 2002 Indonesian National Police.Purposes of the Research:  Analyze and discuss the legal reasons reports in criminal cases and the legal consequences if a reported criminal case is not processed.Methods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that regulations regarding reports that can be rejected by the police have not been clearly regulated, only sanctions related to the police code of ethics are provided so that many people feel unfairly related to what yhe police have dne in terms of rejecting reports for reasons that are not clear on the law. Investigationsinto criminal cases have also not been fully carried out because many investigators are less professional. If it results of the investigations of the report cannot meet the evidence, the investigator can stop the investigation being carried out.
Pertanggungjawaban Pidana dan Penanggulangan Tindak Pidana Pencabulan terhadap anak Samai, Butria; Toule, Elsa Rina Maya; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2495

Abstract

Introduction: This study discusses the legal regulation of the crime of molestation of children and the criminal liability of the perpetrators of the crime of molestation against children in the case.Purposes of the Research: To analyze and discuss legal regulations regarding criminal acts of molestation against children and explain criminal responsibility for perpetrators of criminal acts of molestation against children in Halong Baru, Baguala District, Ambon City.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, criminal responsibility for perpetrators of criminal acts of sexual abuse against children is a further consequence that must be accepted or borne by the defendant. During the trial process, the defendant was in good physical and mental health and no reason was found to erase the crime, in this case either a justifying reason or a forgiving reason, so that the defendant was able to take responsibility for the actions he committed. The efforts made to overcome acts of sexual abuse against children are carried out with preventive and repressive efforts by law enforcement and other institutions.
Perlindungan Hukum Bagi Dalam Tindak Pidana Korupsi Saksi de Fretes, Petra Jon; Hehanussa, Deassy Jacomina Anthoneta; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2467

Abstract

Introduction: Legal protection for witnesses in corruption crimes is a form of service that must be provided by the government to witnesses to provide a sense of security.Purposes of the Research: The purpose of this study is to analyze and discuss legal protection for witnesses in corruption crimes according to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and to analyze and explain the mechanisms for providing legal protection to witnesses and victims by the LPSK.Methods of the Research: The method used is normative juridical with the Statute Approach, Conceptual Approach and Case Approach, and uses primary, secondary and tertiary legal materials.Results of the Research: The results of this study indicate that legal protection for witnesses in criminal acts of corruption according to Law No. 13 of 2006 must be given to witnesses since they are appointed as witnesses. This is to protect witnesses from actions outside the law that can harm witnesses. Then the mechanism for providing legal protection for witnesses should be that legal protection is a right for witnesses. Therefore, all mechanisms or procedural forms in providing protection must be eliminated by taking into account the urgency of providing legal protection for witnesses.
Criminal Sentence Disparity of Village Funds Abuse In Maluku Corputty, Patrick; Pasalbessy, John Dirk; Hattu, Jacob; Salamor, Yonna Beatrix
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1155

Abstract

Introduction: Difference or disparity in sentencing is one of the important topics in criminal law. The disparity in sentencing means that there are differences in the amount of punishment handed down by the court in cases that have the same characteristics.Purposes of the Research: The purpose of this study is to find out why there is a disparity in criminal penalties in court verdicts in cases of corruption in the misuse of village funds in Maluku.Methods of the Research: This study uses a normative juridical method.Results of the Research: Based on the results of the study, essentially the disparity in imposing criminal penalties in court verdicts on corruption cases of misuse of village funds is due to strafmaat (criminal threats) for different perpetrators.
Putusan Perkara Tindak Pidana Korupsi Dalam Kasus PT Asuransi Jiwasraya Dan PT ASABRI Julianti, Angelia Lyshandra; Hehanussa, Deassy Jacomina Anthoneta; Hattu, Jacob
MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 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.v2i2.19409

Abstract

Introduction: The crime of corruption is one of the extraordinary crimes which in it’s implementation can harm state finances. As stipulated in the provisions of Law Number 31 of 1999, as amended by Law Number 20 of 2001 concerning the Eradication of Corruption. In violation of the crime of corruption, the perpetrator will be sentenced to punishment or sanctions in accordance with the provisions stipulated in the legislation Purposes of the Research: to find out whether the granting of a null verdict in the case of corruption No. 50/Pid.Sus-TPK/2021/PN Jkt.Pst is in accordance with the provisions of laws and regulations in Indonesia and 2. What are the legal consequences if the defendant is unable to pay compensation in a case of corruption at PT Asuransi Jiwasraya? Methods of the Research: The research method used is normative judicial research method using Statutory Approach, Conceptual Approach and Case Approach. Results of the Research: Based on the results of the research, it shows that the granting of zero verdicts in corruption cases is not in accordance with the regulations of Article 10 of the Criminal Code and the types of judges decisions, which do not contain an explanation of the zero verdict. The legal consequences if the defendant is unable to pay restitution in a corruption case at PT Asuransi Jiwasraya are regulated in Article 19 paragraph (1) letter b of the TIPIKOR Law. However, in this case the imposition of a fine is very ineffective because the defendant has received life imprisonment. Based on Article 67 of the Criminal Code, if the judges gives a criminal sentence, the legal consequences will be contrary to this article. The prosecutor can forcibly seize the defendant’s assets to be auctioned as a substitute for state losses and can file a civil lawsuit related to the return of state finances.
Co-Authors Adam, Sherly Corputty, Patrick de Fretes, Petra Jon Hehanussa, Deassy Jacomina Anthoneta Julianti, Angelia Lyshandra Leasa, Cynthia Cornelia Manawan, Edgar Erlangga Pasalbessy, John Dirk Salamor, Yonna Beatrix Samai, Butria Toule, Elsa Rina Maya