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Penegakan Hukum Bagi Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak (Studi Kasus Putusan Nomor 482/Pid.Sus/2021/PN) Patty, Reynalda Fransin; Wadjo, Hadibah Zachra; Patty, Jetty Martje
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1963

Introduction: sexual deviation where this leads to an unbalanced activity that poses a threat to certain individuals. Various kinds of sexual choices are being discussed in cases of violence, especially against children. Causing a deterrent effect is felt to be less able to have such a significant impact because the perpetrator of the psychological deviation is not only one child. The decision given by the court is very necessary to provide a deterrent effect to perpetrators of sexual violence against children, so that the incidence of sexual violence in Indonesia is decreasing.Purposes of the Research: The purpose of this study is to provide an overview of law enforcement in Indonesia against perpetrators of sexual violence against children, and to provide an overview of the role of law enforcement officers in taking action against perpetrators of sexual violence against children. Methods of the Research: The research method used in this paper consists of various methods and activities carried out in order to collect the data and materials needed to complete the preparation of the. The author uses a normative juridical research method.Result of the Research: The results of this study are that the District Court's decision only considers the elements that are fulfilled and the ability to equip criminal acts that elevate while in the High Court's decision it considers the consequences obtained by the victim's child and the victim's family where the victim's child and family enjoy shame, costs to care for, enlarge and educate the child to be born by the victim's child, besides the decision given by the high court 2 (two) years higher than the decision of the District Court aims to provide a deterrent effect and awareness of the actions committed by those who have destroyed the future victim's child.

Kajian Aspek Pidana Kepemilikan Kartu Tanda Penduduk (KTP) Indonesia Secara Ilegal Oleh Warga Negara Asing Mardiah, Ainun; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1893

Introduction: Illegal possession of Indonesian identity cards (KTP) by foreign nationals (WNA) is still a problem that often occurs in the community. The requirement for a foreigner to have an Indonesian KTP is legally regulated in Law Number 24 of 2013 concerning amendments to Law Number 23 of 2006 concerning population administration. So whether the ownership of Indonesian KTP by foreigners has fulfilled the requirements of the provisions stipulated in the law.Purposes of the Research: The purpose of the study is to examine the criminal aspects of illegal ownership of Indonesian KTPs by foreigners and discuss the legal consequences. Methods of the Research: The method used in this study is normative juridical with a statutory approach, a concept approach, and a case approach. Legal material collection techniques use literature studies and legal material processing and analysis techniques using qualitative methods.Results of the Research: The results of the study show that the criminal aspects of illegal ownership of KTP by foreigners include the criminal act of forgery which in this case the ownership is invalid or inkrah because it does not meet the requirements for ownership of an Indonesian KTP that has been regulated in Indonesian laws and regulations.In the case of having an ID card illegally so that it causes the ID card to be a fake letter, the act of forgery has its own responsibility for the criminal acts that have been committed by the perpetrator.The legal consequences of illegal possession of Indonesian KTPs by foreigners can be processed legally and subject to article 263 of the Criminal Code because the ownership of the KTP is not found in accordance with article 63 of the Population Administration Law so that the KTP is fake or legally invalid. When making an ID card, the perpetrator involves civil servants, population and civil registration and bribes to issue the ID card so that based on article 55 paragraph (1) of the Criminal Code, the perpetrator can be subject to article 5 paragraph (1) of the Criminal Law to be held accountable for criminal acts that have been committed by the perpetrators

Penerapan Sanksi Terhadap Pelaku Residivis Penyalahgunaan Narkotika Di Lembaga Pemasyarakatan Madaul, Riska; Supusepa, Reimon; Patty, Jetty Martje
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.v2i1.13871

ABSTRACT: Narcotics abuse is a crime and violation that threatens the safety, both physical and mental, of the user and also of the surrounding community socially. This narcotics abuse is not only carried out by narcotics abusers, but also by residents with prisoner status who are languishing in correctional institutions, thereby making prisoners entangled in the same cases. However, the deterrent effect of sanctions for this punishment is not considered to have a deterrent effect. In one of the narcotics cases committed by a drug recidivist, previously in 2018, the defendant with the initials MP was sentenced to 6 years in prison and languished behind iron bars. However, in 2021, precisely on January 17 2021, the defendant MP committed his crime again in a correctional institution. The aim of this research is to find out and analyze the application of sanctions against recidivist perpetrators of narcotics abuse in the Ambon Class IIA Correctional Institution and how efforts are made to control the circulation of narcotics in the Ambon Class IIA Correctional Institution. The research method used is empirical juridical research. The data sources used are primary data and secondary data. The technique for collecting legal materials is through interviews and then analyzed through descriptions using qualitative methods. The results of this research conclude that the application of sanctions to recidivists of criminal acts of narcotics abuse who distribute narcotics within prisons is by applying severe penalties to inmates as stated in Article 10 paragraph (3) of the Minister of Law and Human Rights Regulation Number 6 of 2013 regarding the Rules of Prisons and Detention Centers, which include being put in solitary confinement for 6 (six) days and can be extended for 2 (two) times 6 (six) days and not getting remission, leave to visit family, conditional leave, assimilation, leave before release, and parole within the current year and must be recorded in the guidance card, efforts to overcome the recidivism of criminal acts of narcotics abuse can be carried out through preventive and repressive efforts.

Yurisdiksi Mahkamah Pidana Internasional Terhadap Penegakan Hukum Bagi Pelaku Kejahatan Perang Yang Bukan Negara Pihak Statuta Roma 1998 Patty, Jetty Martje; Makaruku, Steven
Balobe Law Journal Volume 4 Issue 2, October 2024
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v4i2.2401

Introduction: The establishment of a permanent International Criminal Court (ICC) has opened a new history in law enforcement crimes of genocide, humanity, war, aggression. The Roma Statute of 1998 became the constitutional basis for International Criminal Court.Purposes of the Research: To find out the jurisdiction of the International Criminal Court to enforce the law for perpetrators of war crimes war that is not a state party to the Roma Statute of 1998.Methods of the Research: The method used in this study is normative juridical with an approach to international legal regulations and concepts. The sources of legal materials used in this study are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of the discussion are that in the ICC efforts to enforce the law based on the provisions of article 12 concerning the requirements for exercising jurisdiction related to the ICC issuing an arrest warrant for Vladimir Putin is contrary to the provisions of article 12 paragraph (1) which confirms that the country that is a party to this statute, thus accepting the jurisdiction of the court with regard to the crimes referred to in article 5. This is because both Rusia and Ukraina are countries that are not parties to the Roma Statute 1998, so that the arrest warrant against Vladimir Putin is null and void. However , there is an exception in article 13 paragraph (3) of the statute which state that if a state which is not a state party declares that it accepts this statute and ratifies this statute, then the ICC can exercise its jurisdiction over the state which has accepted the jurisdiction of the ICC. So that the attempt to arrest Vladimir Putin can be carried out constitutionally under the statute.

Kekerasan Fisik Yang Dilakukan Oleh Anggota Polri Terhadap Masyarakat Siahaya, Josua Valen; Lewerissa, Yanti Amelia; Patty, Jetty Martje
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.v4i9.2496

Introduction: The National Police is a public security protection agency, but now many individuals are caught committing acts that disrupt security and even persecute the community. The existence of these violations adds to the long blacklist of increased violations of discipline and code of ethics committed by members of the National Police.Purposes of the Research: To analyze physical violence committed by members of the National Police against the community, this is because the police is a subsystem that is directly related to the perpetrators of crimes and the community, so that the duties and responsibilities of the police can be said to be greater than other subsystems.Methods of the Research: The method used to analyze and discuss this problem is Normative Juridical.Results of the Research: Increased police commitment to better protection and promotion of human rights at the national level. This was realized by the birth of Law No. 39 of 1999 concerning Human Rights. As stipulated in international human rights law and standards, the police have rights, but there are also limits to the powers of the police. However, different from the expected reality, the presence of the police in the midst of the community has caused a scourge for the community. There is police behavior that deviates from the expected professional ethics and there are also those that make the community miserable, such as pungli, arrogant and violent behavior. This causes a fall in public trust in the police Regardless of whether the actions of the National Police are true or not, in the institution of the National Police if there are irregularities, violations of the law and abuse of authority, then members of the National Police will be processed based on the applicable rules.

Pemberian Bantuan Hukum Terhadap Tersangka Tindak Pidana Pelecehan Seksual Di Polsek Aru Tengah Leinussa, Joses Sandhy; Toule, Elsa Rina Maya; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1602

Introduction: Legal Aid in the criminal justice system plays a very important role in ensuring a fair and humane judicial process. Providing legal assistance in the form of legal advisory assistance for suspects in the investigation process is a means of supporting law enforcement in general.Purposes of the Research: The research used is a type of empirical juridical research, or what is called field research, namely studying the applicable legal provisions and what is happening in reality in society.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Resulth/Findings/ Novelthy of the research: The results of the study show that what the author can take from the suspect to obtain legal assistance at the investigation level as regulated in Article 56 paragraph (1) of the Criminal Procedure Code as a legal obligation has not been optimally realized by the Central Aru Police investigators, this can be seen in the examination process at the investigation level. , and obstacles in providing legal assistance to suspects in cases of criminal acts of sexual harassment at the Central Aru Police Sector, namely the absence of clear implementation mechanisms and rules governing the willingness of legal advisors to be appointed as legal counsel for suspects or defendants as regulated in Article 56 paragraph (1) KUHAP.

Pelaksanaan Rehabilitasi Sosial Terhadap Warga Binaan Pemasyarakatan Narkotika Pada Lembaga Pemasyarakatan Kelas II A Ambon Sofyan, Ode; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3020

Introduction: Rehabilitation is an effort to restore and restore the condition of drug users to return to physical, psychological, social, and spiritual/religious health (faith). With the condition after undergoing rehabilitation, it is hoped that they will be able to return to live in the midst of society better and be free from narcotics bondage. The Narcotics Law has regulated the implementation and obligation of rehabilitation written in Article 4, Article 54, Article 55, Article 103, and Article 127 of the Narcotics Law which regulates the rehabilitation of victims of narcotics abuse, narcotics addicts, and narcotics abusers and is often also in the spotlight in its law enforcement practices.Narcotics abuse is one of the biggest crimes faced by the Indonesian people. In order to address this issue, the Government has issued a regulation, namely Presidential Instruction Number 2 of 2020 concerning the National Action Plan for the Prevention and Eradication of Abuse and Illicit Trafficking of Narcotics and Narcotics Precursors (RAN P4GN) 2020/2024. To succeed the program, the Ministry of Law and Human Rights of the Republic of Indonesia organizes a rehabilitation program for prisoners who abuse drugs in correctional institutions with the basis for its implementation, namely Law Number 22 of 2022 concerning Corrections, the Narcotics Law and other related regulations. The purpose of the program is not only to prevent drug abuse and illicit trafficking, but also to enable drug addicts to resume their social functions in the community. Cases of criminal acts and drug abuse in Class II A Ambon Correctional Institution (hereinafter referred to as Class II A Ambon Correctional Institution) committed by correctional inmates are inseparable from the issue of demand and supply of narcotics. The data shows that the number of prisoners (WBP) of narcotics cases in Class II A Ambon Correctional Facility in 2021 amounted to 40 prisoners and in 2022 amounted to 40 prisoners.Purposes of the Research: Analyze and discuss the obstacles faced in the implementation of social rehabilitation of prisoners of narcotics correctional facilities at Class II A Ambon Correctional Facility.Methods of the Research: The research method used with the type of Empirical juridical research. The research location is class II A Ambon correctional institution, Data sources are primary data and secondary data. Data collection techniques through observation and interviews. Data processing techniques and data analysis in culaitative. Results / Findings / Novelty of the Research: The results showed that there are several obstacles that influence the implementation of social rehabilitation of narcotics wargabinan at the Klas IIA Ambon Correctional Institution. These obstacles have an effect on the implementation of social rehabilitation of narcotics wargabinan carried out at the Klas IIA Ambon Correctional Institution. This condition causes a lack of maximum implementation of rehabilitation at the Klas IIA Ambon Correctional Institution. The obstacles faced in the implementation of social rehabilitation of prisoners of narcotics correctional facilities at Class II A Ambon Correctional Facility are facilities or facilities, human resources or officers and budget or costs

Pemenuhan Hak Restitusi Terhadap Anak Korban Tindak Pidana Pemerkosaan Palijama, Pricilia Triana; Wadjo, Hadibah Zachra; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3023

Introduction: Children are very vulnerable to becoming victims of criminal acts, especially victims of rape. Therefore, the government has issued various kinds of laws and regulations so that every child gets legal protection and gets their rights. One of them is Article 71D of Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which explains that child victims have the right to apply to the court for restitution or compensation. However, in reality, restitution has not been implemented in every court decision so that child victims do not get their rights.Purposes of the Research: examine and discuss mechanisms for fulfilling the right to restitution for children as victims of criminal acts of rape and obstacles in fulfilling the right to restitution for children as victims of criminal acts of rape.Methods of the Research: This research uses normative legal research methods based on primary and secondary legal materials and uses approaches: statutory approach, concept approach and case approach.Results / Findings / Novelty of the Research: The results of the research show that the mechanism for fulfilling restitution for child victims of criminal acts of rape is regulated in Government Regulation No. 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. However, the implementation of restitution in various laws and regulations in Indonesia is still difficult to implement, this is due to the content of these laws and regulations, especially the mechanism for providing restitution, law enforcement, in which case investigators and public prosecutors are obliged to notify victims. to be able to apply for restitution. In fulfilling the right to restitution there are obstacles, namely law enforcement, the law itself, society, culture and the existence of accompanying institutions such as LPSK which do not yet exist in all provinces of Indonesia, including Maluku.

Korupsi Pengelolaan Sumber Daya Alam Dalam Tinjauan Pasal 33 Ayat (3) Undang-Undang Dasar 1945 Patty, Jetty Martje
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 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.v2i1.13552

Introduction: Cases of corruption still occur even in natural resource management even though the Constitution of the Republic of Indonesia in article 33 paragraph (3) has mandated that the earth, water and natural resources are controlled by the state and intended for the prosperity of the people. Purposes of the Research: The legal issue raised is how corruption in natural resource management is reviewed from article 33 paragraph (3) of the 2945 Constitution. Methods of the Research: This research is a normative research with a statutory approach that regulates corruption combined with a conceptual approach. Results of the Research: The result of this study is that corruption that occurs in the natural resource management sector shows that the State (unscrupulous government officials) is inconsistent in carrying out the mandate of article 33 paragraph (3) of the 1945 Constitution, the power given is used as a means for personal / individual interests by committing corruption. Abuse of power or authority leads to corruption.

Aspek Penologis Alasan Peringanan Pidana Bagi Pelaku Tindak Pidana Korupsi Marasabessy, Syaiful Achmad Zidane; Latupeirissa, Julianus Edwin; Patty, Jetty Martje
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 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.v3i1.19759

Introduction: Corruption gets more attention than other crimes because of its huge negative impact. In deciding corruption cases, judges always consider various aspects because they have legal and ethical responsibilities. There is no standard reference regarding the reasons for mitigating or increasing sentences, making it difficult to determine the reasons for light or heavy sentences. Therefore, an in-depth study is needed. Several cases show that penological aspects, such as rehabilitation and reintegration of perpetrators, can be a reason to reduce sentences. Purposes of the Research: This study aims to examine the requirements and role of penological aspects in reducing sentences for corruption perpetrators. Methods of the Research: The legal research used is a normative legal research type which is descriptive and analytical in nature. Results of the Research: The results of the study show that the reasons for reducing sentences for corruption perpetrators include the defendant's awareness and regret, frank confession, never having been convicted, restitution of state losses, family responsibilities, and services to the state or society. However, the use of the penological aspect in the Central Jakarta District Court Decision Number: 29/Pid.Sus-TPK/2021/PN Jkt.Pst is considered odd, especially the reason that the defendant has suffered enough from public insults. This phrase is considered to hurt the sense of justice and should not be used, especially in cases of social assistance corruption when the country is experiencing a non-natural disaster.

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