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Taufik, Iqbal
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Journal : PATTIMURA Law Study Review

 1 
Tinjauan Yuridis Pemberlakuan Pemberatan Pidana Terhadap Residivis Penyalahgunaan Narkotika Ramadhanti, Aghniya Erlita; Wadjo, Hadibah Zachra; Taufik, Iqbal
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.v2i1.13816

Abstract

ABSTRACT: There are serious concerns regarding drug abuse in Indonesia, which has spread to various levels of society. This phenomenon has also become a global concern due to its detrimental impact. Law No. 35/2009 on Narcotics is the legal basis that regulates supervision, control, and sanctions against perpetrators of narcotics abuse. However, there are cases of drug abuse recidivists, such as the case of Dedi Ismail Yusuf Manilet, which shows a discrepancy between law enforcement and existing regulations. Dedi, who is a recidivist offender of narcotics abuse in a period of less than three years, in the second verdict did not receive criminal aggravation in accordance with applicable regulations. The purpose of this research is to analyze and examine the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics and the reasons why the judge did not impose criminal aggravation on the defendant in court decision No. 145/PidSus/2022/PNAmb. The research method, the author uses normative juridical research based on the main legal material by examining the theories and laws and regulations related to this research. The results of this research can be concluded that the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics can be imprisoned for a maximum of 4 years depending on the class of narcotics and can be rehabilitated under certain conditions. The reason why the judge did not aggravate the punishment against the defendant in court decision number 145/Pid.Sus/2022/PN.Amb is that there were defects in the procedure for imposing criminal sanctions against the perpetrator starting from the police, the prosecutor's office who did not charge the perpetrator with criminal aggravation, then in the end the judge in deciding the case was in line with the prosecutor's demands and charges and in his decision the judge did not pay attention to the fact that the defendant was a recidivist and did not pay attention to the defendant's statement that he had used methamphetamine and marijuana which the defendant stated during the trial.
Kajian Viktimologi Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Mailoa, Mikhael Patric Jansen; Latupeirissa, Julianus Edwin; Taufik, Iqbal
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.v2i1.13819

Abstract

ABSTRACT: Persecution is an act against the law, so there are many actions that can be carried out by irresponsible people, where an act of covering up what happened can be in the form of torturing, thinking, etc. An act of drawing can occur intentionally or unintentionally so it can also result in the death of a human victim. For example, the transmission case that occurred in Masohi was a victim of a person with a mental disorder, where the suspect named Ancamali carried out the transmission to a person with a mental disorder and also burned the person with a mental disorder, resulting in the victim dying, so Ancamali received a prison sentence of 4 years and 6 months. The problem that the author can discuss is how to study the victimology of people with mental disorders (ODGJ) who are victims of abuse and how to deal with people with mental disorders who become human victims. This writing uses the Normative Juridical research type, with a statutory regulation approach, a conceptual approach and a case approach. The results of the research show that actions carried out by irresponsible people are mandatory and must be held accountable in accordance with applicable regulations, in article 338 of the criminal code which states "whoever deliberately takes the life of another person is threatened because murder with a maximum prison sentence of fifteen years.” as well as efforts to handle people with mental disorders who become human victims, can be done through preventive and repressive efforts.
Kebijakan Hukum Pidana Terhadap Penjualan E-Book Bajakan Melalui Marketplace Tharob, Khusnul; Hehanussa, Deassy Jacomina Anthoneta; Taufik, Iqbal
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.v3i1.17185

Abstract

Indonesia is one of the four countries with the highest piracy rate in the world. After software and music piracy, book piracy ranks third. Violations of books are increasingly occurring through reproductions, innovations and traditional works, as well as violations of works when other parties do not exercise the same rights. Author's rights, including the exclusive rights of the author. Apart from that, it could be considered a violation of the book owner's rights if another party reproduces the book. in amounts without transfer or Limitation. Increased buying and selling of books copied by other people who are not copyright holders is available on e-commerce platforms. Accelerating the fair use of law and technology in protecting copyright holders is very necessary. Apart from providing legal protection for copyright holders. The research results show that: (1) Selling pirated e-books through the marketplace can be qualified as a criminal act. Under the law in many countries, including Indonesia, this action violates copyright. Pirated e-books are works that are distributed without permission from the copyright holder. This violates existing Copyright Laws in many jurisdictions, including Indonesia; (2) As regulated in Article 10 of the Copyright Law, the management site is responsible for any copyright infringement that occurs in the site it manages. So, based on this, the marketplace can be held accountable in the event of a copyright violation in the form of a literary work (E-book) on the marketplace's platform. In the event of a violation of a literary work, the creator/copyright holder or their heirs can report/sue the seller and marketplace through litigation and non-litigation channels. However, in litigation efforts in the form of criminal proceedings, the enactment of the complaint offense makes legal action increasingly narrow.
Co-Authors Ablamskyi, Serhii Adoa, Rama Alfons, Revalno Amalia Mustika, Amalia Arif Hidayat Baranyanan, Soeleman Djaiz Gustafianof, Gustafianof Hehanussa, Deassy Jacomina Anthoneta Kogoya, Willius Latumerissa, Denni Latupeirissa, Julianus Edwin Mailoa, Mikhael Patric Jansen Manuputty, Gloria Imanuella Muammar Muammar Muammar, Muammar Muhammad Irham Purwanto, Astrid Hilarry Ramadhanti, Aghniya Erlita Saimima, Judy Marria Salamor, Anna Maria Salsabilla, Ditha Arizki Sopacua, Margie Gladies Sutiapermana, Aden Tharob, Khusnul Titahelu, Juanrico Alfaromona Sumarezs Ubwarin, Erwin Wadjo, Hadibah Zachra