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All Journal Gema Wiralodra TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review Matakao Corruption Law Review
Patty, Jetty Martje
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Law, Crime, Criminology & Criminal Justice Other

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Journal : SANISA: Jurnal Kreativitas Mahasiswa Hukum

 1 
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

Abstract

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
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

Abstract

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

Abstract

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

Abstract

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.
Co-Authors Adam, Sherly Ainun Mardiah Latupeirissa, Julianus Edwin Leinussa, Joses Sandhy Lewerissa, Yanti Amelia Madaul, Riska Marasabessy, Syaiful Achmad Zidane Nussy, Jennifer Ingelyne Palijama, Pricilia Triana Patty, Reynalda Fransin Siahaya, Josua Valen Sofyan, Ode Steven Makaruku Supusepa, Reimon Supusepa, Remon Toule, Elsa Rina Maya Wadjo, Hadibah Zachra