Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : TATOHI: Jurnal Ilmu Hukum

Penyelesaian Penanganan Perkara Tindak Pidana Penyalahgunaan Narkotika Adoa, Rama; Sopacua, Margie Gladies; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol 4, No 3 (2024): Volume 4 Nomor 3, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i3.2142

Abstract

Introduction: So far, rehabilitation sentences have been imposed for narcotics abuse through the mechanism of examination in court and through a judge's decision or judge's decision based on a Supreme Court Circular.Purposes of the Research: This writing aims to examine and analyze the Implementation of the Prosecutor's Dominus Litis Principle in Completing the Handling of Narcotics Abuse Crime Cases and the Obstacles Faced in the Implementation of the Prosecutor's Dominus Litis Principle in Completing the Handling of Narcotics Abuse Crime Cases.Methods of the Research: The type of research in this research is empirical juridical, in other words, it is a type of sociological legal research and can also be called field research, which examines the legal provisions that apply and what actually happens in society. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: The results of this study indicate that the implementation of the prosecutor's dominus litis principle in completing the handling of cases of criminal acts of narcotics abuse at the Ambon District Attorney's Office, that the implementation of the Attorney General's Guidelines Number 18 of 2021 cannot be applied. From an internal point of view, the Attorney General's Office prefers to proceed with the prosecution stage for several existing narcotics cases. The obstacles faced in implementing the principle of Dominus Litis Prosecutors in completing the handling of cases of criminal acts of narcotics abuse at the Ambon District Attorney. Which led to JA Guideline No. 18 and No. 11 has not been implemented at the Ambon District Attorney.
Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak Alfons, Revalno; Titahelu, Juanrico Alfaromona Sumarezs; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2434

Abstract

Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it.