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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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Application of diversion in the investigation of criminal acts in the field of traffic against children Supusepa, Remon; Latupeirissa, Julianus Edwin; Patty, Jetty Martje; Nussy, Jennifer Ingelyne
Gema Wiralodra Vol. 14 No. 3 (2023): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i3.590

Abstract

The aim of this research is to analyze the application of diversion in restorative justice in the Juvenile Criminal Justice System. The type of research carried out is descriptive research with a normative legal research type related to the application of diversion in restorative justice in the criminal justice system. The results of the research show that the implementation of diversion in restorative justice in the system of implementing diversion for children who are in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children who are in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and their victims or families, but rather a form of punishment for children in conflict with the law in an informal way. The recommendation in this research is that law enforcement officers, in carrying out their duties of investigation, prosecution, examination and determining case decisions at court hearings, should prioritize the application of diversion as an alternative to the application of imprisonment. There needs to be massive outreach regarding diversion to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.
Perlindungan Hukum Terhadap Korban Pornografi Berbasis Siber Mulyono, Dian Adiningsih; Hehanussa, Deassy Jacomina Anthoneta; Patty, Jetty Martje
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.v3i2.14662

Abstract

Cyber-based pornography crime is a form of pornography crime that uses internet information and electronic technology as a means of spreading it. This raises various problems that need to be addressed, especially regarding the protection of victims, so the author conducted research intending to find out what form of legal protection exists for victims of cyber-based pornography and the obstacles in providing legal protection for victims of cyber-based pornography. The research method used is normative juridical research using a statutory regulation approach, case approach, and conceptual approach and using qualitative analysis. The results obtained from this research are the forms of legal protection provided to victims of cyber-based pornography, namely law enforcement against perpetrators, compensation, deletion of detrimental electronic information, socialization, and cyber supervision. Obstacles in providing legal protection to victims of cyber-based pornography are limitations in regulating victims' rights in law, removing content through a long process, difficulty in identifying perpetrators, limited infrastructure, and the number of police who have expertise in the field of technology, different interpretations. different between the Pornography Law and the ITE Law.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Persetubuhan Secara Berlanjut Noya, Rani; Wadjo, Hadibah Zachra; Patty, Jetty Martje
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.v3i2.20360

Abstract

Children are included in the group of rights holders. Children's rights are an inseparable part of Human Rights (HAM). These rights include the basic rights of children because they have special needs related to their position as vulnerable individuals. Cases of violence against children, including sexual violence, namely continued intercourse, still often occur. Sexual violence is a form of physical violence that is a criminal act. This type of research is normative juridical where the research is conducted by collecting primary, secondary and tertiary data obtained using literature studies. The results of this study indicate that the judge's consideration of the perpetrators of the crime of continued intercourse, namely the judge gave aggravating considerations, namely the defendant's actions disturbed the community, the defendant's actions embarrassed the victim and his family, the defendant's actions caused the victim to feel afraid and traumatized. And the mitigating factors are that the defendant regretted his actions and promised not to repeat them again, the defendant was elderly, the defendant had never been convicted, the victim's family had forgiven the defendant. Child Protection is all activities to guarantee and protect children and their rights so that they can live, grow, and develop. Special protection is a form of protection received by children in certain situations and conditions to ensure a sense of security against threats that endanger themselves and their lives during their growth and development.
Pertanggungjawaban Pidana Pelaku Pembuat Website Palsu Melalui Media Sosial (Studi Putusan No: 1194/Pid.Sus/2019/PN Sby) Toumahuw, Zirel Josilia; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 6, No 1 (2026): Volume 6, Nomor 1, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v6i1.3916

Abstract

Introduction: The development of information technology has had a significant impact on various aspects of life,including cybercrimes such as the creation of fake websites through social media. So that the perpetrator can be held criminally responsible for their actions.Purposes of the Research: To analyze and discuss the judge's legal considerations in deciding the case against theperpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby and to analyze and discuss the criminal liability of the perpetrator of the fake website creation through social media, so that the perpetrator can be held criminally liable for their actions.Methods of the Research: The method used in this research is normative juridical, utilizing a legal problem approach, a conceptual approach, and a case approach. The legal materials used include primary legal material,secondary legal material, and tertiary legal material. The legal material collection procedure was through literature review. The legal material processing was carried out in several stages, including editing, classification, analysis, and conclusion. The legal material analysis used was qualitative analysis.Results / Findings / Novelty of the Research: The judge's legal considerations regarding the perpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby indicate that the judge considered legal aspects, including the public prosecutor's indictment, criminal charges, the defendant's testimony, witness testimony, evidence, and the application of articles in criminal regulations by proving all elements of Article35 of the ITE Law through valid evidence. The judge also considered non-legal aspects such as the defendant's background and the consequences of the defendant's actions and the criminal liability of the perpetrator of the fake website creation through social media. Decision No. 1194/Pid.Sus/2019/PN.Sby indicates that the defendant was legally and convincingly proven to have committed a crime as stipulated in Article 35 of the ITE Law.
Co-Authors Adam, Sherly Ainun Mardiah Hehanussa, Deassy Jacomina Anthoneta Latupeirissa, Julianus Edwin Leinussa, Joses Sandhy Lewerissa, Yanti Amelia Madaul, Riska Marasabessy, Syaiful Achmad Zidane Mulyono, Dian Adiningsih Noya, Rani Nussy, Jennifer Ingelyne Palijama, Pricilia Triana Patty, Reynalda Fransin Siahaya, Josua Valen Sofyan, Ode Steven Makaruku Supusepa, Reimon Supusepa, Remon Toule, Elsa Rina Maya Toumahuw, Zirel Josilia Wadjo, Hadibah Zachra