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All Journal TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Bacarita Law Journal LUTUR Law Journal PATTIMURA Law Study Review Matakao Corruption Law Review
Leasa, Elias Zadrach
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

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Penerapan Pidana Terhadap Pelaku Penangkpan Ikan Menggunakan Bahan Peledak Samalelaway, Hendry Piter; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.19986

Abstract

The purpose of this study is to determine and analyze the legal considerations and deterrent effects on those who are given a criminal sentence of less than 1 year for fishing using explosives or fish bombing. Fish bombing is the use of explosives to produce an explosion that releases large and fast energy in a fishing area in order to kill fish, making it easier for the bomber to catch fish. The use of bombs in fishing causes damage to marine resources and the environment, especially coral reef ecosystems. This writing uses a Normative Juridical research type, with a statutory regulatory approach, a conceptual approach and a case approach. The problem that the author can discuss is the Judge's Legal Consideration in Imposing a Criminal Sentence of One Year. Based on the provisions of Law Number 45 of 2009 amending Law Number 31 of 2004 concerning Fisheries. There are several types of crimes in fisheries that are contained in Articles 84 to 101. The results of the study show that the act of fishing using explosives carried out by perpetrators who are given criminal sanctions of less than one year is not in accordance with existing laws, as can be seen in Article 84 paragraph (1) "Any person who intentionally in the fisheries management area of the Republic of Indonesia carries out fishing and/or fish farming using chemicals, biological materials, explosives, tools/and/or methods, and/or buildings that can harm and/or endanger the sustainability of fish resources and/or their environment.
Pemenuhan Hak Warga Binaan atas Pelayanan Kesehatan di Lembaga Pemasyarakatan Ode, Mirjan; Anwar, Arman; Leasa, Elias Zadrach
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23856

Abstract

Indonesia is a country of law, if anyone commits a violation of the law, they will be subject to a crime and become a state prisoner to serve their sentence. Those who become state prisoners are usually referred to as inmates. When inmates become state prisoners, their rights as human beings are revoked, so the state must guarantee their rights while they are in prison. Article 9 of Law No. 22 of 2022 concerning Corrections guarantees the rights of inmates, especially the right to receive services. health, the right to health is regulated in Article 4 paragraph (1) of Law no. 17 of 2023 concerning Health. The existence of regulations regarding the rights of inmates, the state must fulfill the rights to health services for inmates as well as possible. However, sometimes the rights of inmates are not implemented properly, such as cases of inmates who died because they were too late in being given first aid and cases of inmates who died because they were referred to hospital too late. This shows that the rights of inmates are still not fulfilled, especially the right to health services. Based on the results of research conducted, the regulation of inmates' rights to health services in correctional institutions, especially in Ambon Class IIA prisons, has been running quite well, starting from the availability of health human resources, the availability of medicines, the availability of health services, the availability of food and drink, and the availability of other health service programs in prisons, then inmates can access health services in prisons provided by the state, starting from physical and economic health services where all costs of health services for inmates are borne by the state. With the existence of rights to health services, the state is obliged to be responsible for fulfilling the right to health services to respect, protect and fulfill them. If the inmates' rights to health services in correctional institutions are not fulfilled, the inmates have the right to submit complaints and/complaints to the prison authorities. The legal mechanism that can be taken by inmates due to the failure to fulfill their rights to health services in prisons is contained in the decision of the Director General of Corrections. No. E.22.PR.08.03 of 2001 concerning Implementation of Correctional Duties. The mechanism is that the prison and the inmates' guardians will hold a hearing to resolve the matter.
Co-Authors Adam, Sherly Arman Anwar Latumaerrisa, Denny Latupeirissa, Julianus Edwin Luturmas, Resi Nurlatu, Yohanis Onyong Nussy, Jennifer Ingelyne Ode, Mirjan Samalelaway, Hendry Piter Siauta, Dody Alfayed Sopacua, Margie Gladies Supusepa, Reimon Syauta, Eko Prasetio Talaohu, Abdussalam Ramdani Titahelu, Juanrico Alfaromona Sumarezs Tuhumury, Carolina Usmany, Berly Wadjo, Hadibah Zachra