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Perlindungan Hukum Terhadap Anak Sebagai Korban Leasa, Elias Zadrach; Latupeirissa, Julianus Edwin; Tuhumury, Carolina; Nussy, Jennifer Ingelyne; Supusepa, Reimon
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.v4i1.1866

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

Kajian Kriminologis Terhadap Minuman Beralkohol (Sopi) Dengan Tindak Pidana Yang Terjadi Di Kabupaten Kepulauan Aru Luturmas, Resi; Adam, Sherly; Leasa, Elias Zadrach
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8403

The crimes that arise in the Aru Islands district due to the consumption of alcoholic drinks (sopi) have been increasing lately, so efforts must be made to resolve them so that no more crimes occur. This study aims to examine and discuss what crimes are caused by consuming alcoholic beverages (sopi) in the Aru Islands district. The type of research used in this research is empirical-juridical or sociological-juridical. The data sources used are primary data and secondary data. Techniques for collecting legal materials through interviews, documentation studies, and qualitative analysis of legal materials. The results of the study show that the factors causing the occurrence of criminal acts caused by consuming alcoholic beverages (sopi) are many, including unemployment, excessive alcohol consumption, and the fact that most people still use alcoholic beverages (sopi) as an outlet. The efforts made by the Aru Islands Police include conducting campaigns among teenagers as well as carrying out operations and enforcing the law against perpetrators of the distribution of alcoholic beverages (sopi).

Penerapan Keadilan Restoratif Dalam Tindak Pidana Penganiayaan (Studi Kasus Pada Polsek Namrole) Nurlatu, Yohanis Onyong; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2129

Introduction: Application Restorative Justice is an alternative settlement of criminal cases focused on punishment which is transformed into a process of dialogue and mediation involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly create an agreement on a fair and balanced settlement of criminal cases for both parties. Victims and perpetrators by prioritizing restoration to their original state and restoring good relations and the community. Purposes of the Research: Review and Analyze the Urgency and Implementation of the Chief of Police Regulation Number 08 of 2021 in Handling Cases of Crime of Persecution at the Namrole PoliceMethods of the Research: The method used in this research is a type of normative research or what is called library research, which is research that examines document studies, namely using various secondary data such as laws and regulations, legal theory, and can be in the form of opinions of scholars.Results of the Research: The application of restorative justice can only be carried out on the crime of light maltreatment as referred to in Article 352 of the Criminal Code paragraph (1). belonging to Article 354 paragraph (1) of the Criminal Code and Article 90 of the Criminal Code must be processed in accordance with applicable legal procedures so that there is no inequality or injustice in the law because the true application of restorative justice refers to restoring the original state, aiming to empower victims, perpetrators, families, to correct an unlawful act by using awareness and responsibility.

Peran Detasemen Khusus 88 Anti Teror Kepolisian Negara Republik Indonesia dalam menanggulangi Paham Radikalisme Di Kota Ambon Siauta, Dody Alfayed; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2455

Introduction: Densus 88 AT Polri received information and succeeded in thwarting a plan for amaliah or an act of terror against one of the churches in Ambon City, Maluku Province. As long as they survive, both the terrorists and the families of the suspected terrorists are still the responsibility of Densus 88 Polri.Purposes of the Research: to examine efforts to overcome radicalism and the obstacles faced by the Special Detachment 88 Anti-Terror of the Indonesian National Police in Ambon City. The type of research used in this research is empirical juridical. The research location is the Maluku Regional Task Force Densus 88 in Ambon City.Methods of the Research: empirical juridical. The research location is the Maluku Regional Task Force Densus 88 in Ambon City.Results of the Research: efforts to tackle radicalism by the Special Detachment 88 Anti-Terror of the Indonesian National Police in Ambon City are through a preventive strategy, namely carrying out surveillance activities; including closed supervision of suspected terrorists with the aim of collecting as much information as possible from suspected terrorists, both the personal data of the suspected terrorists and the daily activities of the suspected terrorists. The second is carrying out social identification activities (Idensos) as a deradicalization effort, namely by visiting ex convicts by providing assistance to ex convicts with the aim that ex convicts can be helped and can continue a better life as Indonesian citizens who are far from radicalism. Third, counter-radicalization efforts, namely collaborating with the Office of the Ambon City Ministry of Religion to provide counseling to various schools so that they can avoid radicalism. The next strategy is to carry out repressive efforts, namely taking action against suspected terrorists who will carry out acts of terror commonly called amaliah acts, both those that are still in the planning stages and after the implementation of terrorist acts. In addition, the obstacles faced by the Special Detachment 88 Anti-Terrorism of the Indonesian National Police in Ambon City include a lack of personnel both conducting surveillance and social identification, the lack of informants from the public who have direct contact with suspected terrorists, terrorist families and ex-terrorist convicts who are not willing to return to the notion of nationalism and still hold fast to the thoughts and understanding of radicalism.

Penerapan Daya Paksa dalam Penyelesaian Perkara Penganiayaan yang dilakukan Korban Terhadap Pelaku Begal Syauta, Eko Prasetio; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2464

Introduction: Forced power in criminal law is the most important part and cannot be separated from criminal acts to measure and determine a grant of accountability to someone who commits a crime and is regulated in Article 48 of the Criminal Code which states: Whoever commits an act due to the influence of coercive force, is not can be punished. However, in the case that occurred at the Kepanjen District Court in Malang district, it gave the opposite decision regarding the abuse case committed by the victim MZA against the robber by giving MZA a guilty verdict for legally committing maltreatment which caused the death of a person as stipulated in Article 351 of the Criminal Code.Purposes of the Research: To find out and analyze the process of resolving cases of abuse committed by victims against robbers, to find out and analyze the judge's legal considerations regarding the criminal act of abuse committed by the victim against the robber.Methods of the Research: The research method used is Normative Juridical, Type of research is Descriptive Analytical, Sources of legal materials: Primary, Secondary and Tertiary, Techniques for collecting legal materials using Literature Study, Analysis of legal materials using Qualitative methods.Results of the Research: The results of the study show that: 1. Sanctions were given to MZA as the perpetrator of the persecution that caused the death of a person (in this case the victim of mugging) committed by the victim MISNAN and MAD (in this case the perpetrator of the robbery) in Decision Number 1/Pid.Sus- Anak/2020/PN.Kpn should not have been dropped on MZA because the act can be categorized as an act committed under coercive circumstances as stipulated in Article 48 of the Criminal Code. 2. Overall in Decision Number 1/Pid.Sus-Anak/2020/PN.Kpn the Panel of Judges has considered the existence of acts of self-defense in the case. However, according to the author, the Panel of Judges did not consider the legal facts at the location a case incident that forced and threatened MZA so that he could not escape which led to the act of taking out a knife and stabbing him as part of MZA's self-defense efforts

THE APPLICATION OF DIVERSION IN THE INVESTIGATION OF CRIMINAL OFFENCES IN THE FIELD OF TRAFFIC AGAINST CHILDREN Supusepa, Reimon; Leasa, Elias Zadrach
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5887

Restorative justice is a diversion process in which all parties involved in a particular criminal offence together solve problems, create an event to make things better by involving child victims, children and the community in finding solutions to repair, reconciliation and reassurance that are not based on revenge. The purpose of this study is the application of diversion in the investigation of criminal offences in the field of traffic against children and the application of diversion by investigators has been effective to be able to handle children as perpetrators of criminal offences in the field of traffic. The research method used is normative juridical research method. The Police in order to provide protection to Children Against the Law through the discretionary authority granted by the law have made various best efforts in handling child criminal cases as a whole and this can be seen from the various child criminal cases that can be resolved through the concept of restorative justice or through diversion and various rules / guidelines made to support the implementation of handling child crimes.

Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Pencucian Uang Pasif Talaohu, Abdussalam Ramdani; Sopacua, Margie Gladies; Leasa, Elias Zadrach
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 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.v1i1.9041

Introduction: Article 5 paragraph (1) of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In this article, the maximum penalty is 5 years and a maximum fine of Rp. 1,000,000,000 (one billion rupiah). However, in the case of Faradibah Jusuf and his colleagues, one of the defendants on behalf of Soraya Pelu committed the crime of passive money laundering but was sentenced to 15 years in prison and a fine of five hundred million rupiah. This criminal provision exceeds the maximum criminal provisions in Article 5 paragraph (1). In addition, in this case there are 2 other suspected perpetrators, namely the initials DN and AMT, the closest people to the perpetrator Faradiba Yusuf, who is suspected of committing a passive money laundering crime, not being prosecuted and sentenced according to Article 5 paragraph (1) of Law Number 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering. Purposes of the Research: This study aims to examine: Criminal liability against perpetrators of passive money laundering and the system of evidence for passive money laundering. Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field. Results of the Research: Criminal responsibility for the crime of money laundering can be imposed on criminals who receive funds or assets from the criminal subject to which criminal liability is required. There is a dissenting opinion from Judge Member 1 on Decision Number 5/Pid.Sud-TPK/2020/PN Amb, which basically explains that Judge Member 1 differs in opinion because according to Judge Member 1, the punishment for each of them must refer to the guidelines that have been set, issued by the Supreme Court of the Republic of Indonesia as contained in Supreme Court Regulation (Perma) Number 1 of 2020 dated 27 July 2020. This difference of opinion concerns the roles of each which are not the same as each other, causing unequal punishment.

Pendampingan Saksi Dalam Tindak Pidana Korupsi Leasa, Elias Zadrach; Latumaerrisa, Denny
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 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.v1i2.11322

Introduction: The investigation process of a suspect in a criminal case of corruption begins with the examination of a witness. The testimony of the judgment of the judgment is absolute. In addition to the threat of punishment for corruption over five years, and the testimony by the witnesses if not, of course, the testimony is given by the witnesses, According to the investigator, the witnesses are identified as a suspect in a criminal case of corruption. Purposes of the Research: Examining and analyzing forms of assisting witnesses by legal counselors in case of corruption crimes. Methods of the Research: The type of research used is normative research focused on giving systematic explanations that govern a particular category.The problem's approach to the law and conceptual approach. The gathering of legal material through primary legal material is then associated with secondary legal material.The management and analysis of legal materials is qualitatively deciphered. Results of the Research: Witness and victim protection laws specifically in chapter 2 indicate that these laws provide protection to witnesses and victims in all criminal proceedings in the judicial environment..From the sound of this chapter means against witnesses at all levels need protection, In this case, legal protection..In chapter ii, u psk in chapter 5 verse (1 ) a witness and victim have rights, One of them is free from question, and one of them is a witness., Should also be given by the prosecutor as an investigator in the corruption crimes., But sometimes they don't provide protection and rights as witnesses..To do that requires a witness accompanied by legal counsel or advocates in the process of investigating crimes of corruption in order to protect the rights of witnesses.

Criminal Responsibility for Perpetrators of Pornography Crimes Usmany, Berly; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22885

This article analyzes the process of determining a suspect through a preliminary examination process against a perpetrator of a crime based on applicable legal regulations. Determination of a suspect as referred to, is carried out through a case title mechanism. The purpose of this writing is to examine and analyze the criminal responsibility of the perpetrators in the pornographic videos that are distributed and to analyze and analyze the judge's considerations in imposing criminal sanctions on the perpetrators of the pornographic videos that are distributed. The research method used in analyzing and discussing this research is a type of normative legal research that uses secondary legal materials as initial data to then be continued with primary legal materials or field data and tertiary legal materials that support and provide an understanding of primary legal materials and secondary legal materials over other legal materials. The legal materials that are prioritized come from literature studies, relying on scientific books such as criminal law literature, scientific magazines, and documents, then using three research approaches consisting of the Legislation approach, conceptual approach, and case approach. The results of the study show that a person being named a suspect must go through an examination process and must have at least 2 (two) sufficient pieces of evidence to prove that a crime has indeed occurred and the person suspected of committing the crime has been supported by 2 (two) pieces of evidence that can justify the occurrence of a crime and Legal Efforts against the determination of a suspect without an examination process, namely through Pretrial Legal Efforts and Civil Legal Efforts.

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