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All Journal JURNAL LITIGASI (e-Journal) SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review Matakao Corruption Law Review
Fadillah, Astuti Nur
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Keabsahan Perjanjian Lisan Dalam Masyarakat Adat Sopamena, Ronald Fadly; Fadillah, Astuti Nur; Sopamena, Siska Vilonia Indah; Rumahlewang, Fruli; Sahupala, Gregory Anthonio
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.v3i2.1576

Abstract

Introduction: An agreement is a legal action that is often carried out by the community in order to fulfill the necessities of life. This is also often practiced by indigenous peoples in their daily lives.Purposes of the Research: This writing intends to examine the validity of the agreements practiced in indigenous peoplesMethods of the Research: This writing uses a normative juridical method based on primary and secondary legal materials, namely research that refers to the norms contained in laws and regulations.Results of the Research: The validity of an agreement is determined by whether or not the agreement is fulfilled with the legal terms of the agreement specified in Article 1320 of the Civil Code. Based on the author's analysis, agreements made in indigenous peoples fulfill the legal requirements of an agreement so that even if they are only made orally, they still have legal consequences.
Kualifikasi Justice Collaborator Dalam Perkara Tindak Pidana Korupsi (Studi Putusan Pengadilan Negeri Jakarta Pusat Nomor 48/Pid.Sus-TPK/2020/PN Jkt Pst) Saliu, Abdul Rahman; Supusepa, Reimon; Fadillah, Astuti Nur
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.v2i1.13513

Abstract

Introduction: The law enforcement process has several stages, one of the most decisive in eradicating crime is the criminal justice system. There are several terms used in the judicial process, one of which is Justice Collaborator which is regulated in several regulations including Article 10 A paragraph (1) jo, paragraph 3 Law No. 31 of 2014 concerning PSK which in essence provides an explanation that "witnesses of perpetrators can be given awards for the testimony given in the form of: leniency in criminal sentences (covering criminal penalties, special conditional sentences, or the lightest punishment among other defense attorneys), conditional sentences , additional remissions and other compensation rights in accordance with statutory provisions for perpetrator witnesses who have driver status. Purposes of the Research: Juridically analyze the qualifications of justice collaborators in corruption crimes. Methods of the Research: The method used in this research is normative juridical using a statutory and regulatory approach and contextual approach. Results of the Research: The Justice Collaborator status given to a suspect or defendant or even a convict will have a big impact on him. One of the well-known cases of the application of Justice Collaborator was in the criminal case of bribery for the election of deputy governor of Bank Indonesia which ensnared 26 members of the people's representative council. Agus Condro, who is a criminal and Justice Collaborator, Agus Condro was sentenced to a lighter sentence than the prosecutor demanded. The judge's considerations in sentencing defendant Tommy Sumardi, who has the status of Justice Collaborator in the case of removing Djoko Tjandra's red notice status, defendant Tommy Sumardi was sentenced to prison for 2 (two) years and a fine of Rp. 100,000,000.00 (one hundred million rupiah).) subsidiary 6 (six) months in prison. Imprisonment sentences and fines are higher than those charged by the public prosecutor.
Tindak Pidana Persetubuhan Yang Dilakukan Secara Paksa Terhadap Anak (Putusan Nomor 119/Pid.B/2021/PN AMB) Wado, Riska La Ode; Sopacua, Margie Gladies; Fadillah, Astuti Nur
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12044

Abstract

This research discusses the application of material criminal law and criminal responsibility for perpetrators of criminal acts of sexual intercourse committed by force against children in this case. Purposes of The Research to analyze and discuss the application of material criminal law as well as examine and analyze criminal liability for perpetrators of criminal acts of sexual intercourse committed by force against children. Methods of The Research the research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively. Results of The Research the results of this research show that, in examining criminal cases, judges try to find and prove material truths based on the facts revealed in the trial, and stick to what is formulated in the public prosecutor's indictment. The element of unlawfulness is one of the parameters in determining personal responsibility for personal mistakes committed by the perpetrator. The perpetrator of the crime of sexual intercourse in this case has fulfilled the elements of the charges charged by the Public Prosecutor and therefore the perpetrator must be held accountable for his actions. The judge's legal considerations were in accordance with existing regulations by considering aggravating circumstances as well as mitigating circumstances based on the legal facts discovered in the trial.
Pengembalian Aset pada Tindak Pidana Korupsi Di Maluku Melalui Uang Pengganti Fadillah, Astuti Nur; Ubwarin, Erwin; Salamor, Anna
LITIGASI Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i2.9827

Abstract

Corruption-related criminal offenses represent a significant challenge in Indonesia. The high number of cases and the financial losses to the state consistently make headlines in the mass media, causing considerable concern among the public. The Indonesian government has made efforts to combat this issue by enacting laws such as Law Number 31 of 1999 on the Eradication of Criminal Acts of Corruption and Law Number 20 of 2001, an amendment to Law Number 31 of 1999. This research employs the Juridical Empirical method, which examines positive law provisions, legal principles, legal doctrines, and legal principles to address the legal issues at hand. The imposition of compensation as a penalty is considered an additional punishment, contingent upon the judge's discretion in evaluating the evidence presented during the trial. The confiscation of assets resulting from corruption can occur through both criminal and civil avenues. In the criminal pathway, the process involves asset tracking, freezing or confiscating assets, asset seizure, return, and handover. Meanwhile, the civil route is utilized if there are still assets owned by the convict suspected to originate from corrupt practices that have not yet been seized by the state. Keywords: Asset Recovery, Corruption Offenses, Compensation Money.
Penanganan Terhadap Anak Korban Kekerasan Seksual Yang Dilakukan Oleh Keluarga Terdekat Timisela, Victor Riko Febrianko; Sopacua, Margie Gladies; Fadillah, Astuti Nur
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.v3i2.19121

Abstract

Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies. The results show that in terms of handling efforts by means of a curative approach, efforts made by related institutions include psychological assistance and rehabilitation, legal services and advocacy, medical care and health recovery, temporary shelters, and social reintegration and family support.
Kebijakan Hukum Pidana Terhadap Penjualan Obat Aborsi Secara Ilegal Antonio, Rizal Nando; Supusepa, Reimon; Fadillah, Astuti Nur
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.v3i2.20380

Abstract

Indonesia, as a constitutional state, guarantees every citizen the right to health based on the principles of non‑discrimination, sustainability, and established service standards. However, the practice of illegal abortion conducted by unauthorized parties, facilitated by the distribution of restricted medications, remains a serious issue that violates legal provisions and threatens patient safety. A concrete example occurred in the city of Ternate on February 23, 2023, when Indah and Mayang performed an abortion using the drug Gastrul without medical expertise, resulting in a miscarriage. Both were charged and faced a potential prison sentence of up to ten years and a maximum fine of one billion Rupiah. This case highlights the urgent need for strict monitoring of medication distribution and consistent enforcement of the law. This research aims to review and analyze the legal policies related to the illegal sale of abortion medications, including the formulation of future criminal policies to address this practice. The method employed is normative legal research utilizing statutory, conceptual, case‑based, analytical, and historical approaches. The results of this study demonstrate that a firm criminal policy on the sale of illegal abortion medications is a vital measure by the state to prevent offenses that endanger life and violate fundamental human rights. Strict enforcement of the law, enhanced penalties, more comprehensive monitoring of drug distribution, and tighter controls over digital advertising are required. Moreover, strong support from society is essential to foster legal awareness and create an environment that safeguards future generations from the serious risks and dangers posed by illegal abortion practices. In this way, the state can effectively fulfill its constitutional obligation to protect the rights, health, and dignity of every citizen.
Penegakan Hukum Terhadap Kekerasan Seksual Secara Non Fisik Oleh Tenaga Pendidik Perguruan Tinggi Matauseja, Siloam Putrisia; Sopacua, Margie Margie Gladis; Fadillah, Astuti Nur
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.v3i2.20990

Abstract

Various cases of sexual violence in higher education environments have recently occurred, leading to the enactment of Law Number 12 of 2022 on Sexual Violence Crimes and Regulation of the Ministry of Education, Culture, Research, and Technology Number 55 of 2024 on the Prevention and Handling of Violence in Higher Education, which serve as specific regulations for addressing sexual violence crimes, law enforcement, and sanctions. This is exemplified by an incident at Pattimura University, where a lecturer from the Faculty of Teacher Training and Education of PPKn committed verbal sexual violence against one of his students on March 2, 2024. The research method used is empirical juridical research conducted through legislative and field approaches. The sources of legal materials used include primary, secondary, and tertiary legal materials, and the technique for analyzing legal materials used is qualitative. Research shows that the causes of sexual violence in higher education institutions are power relations, psychological factors, cultural and social aspects, and the role of the victim. More specifically, verbal sexual violence by educators in higher education occurs due to patriarchal ideology, stigma, gender stereotypes, and sexism, a culture of victim blaming, and the lack of clear legal frameworks prior to Permendikbud Ristek PPKS, UU TPKS, and Permendikbud Ristek PPKPT. Verbal sexual violence by educators in higher education certainly requires strict law enforcement. Law enforcement against verbal sexual violence in higher education is initially carried out by the institutions through the Task Force for the Prevention and Handling of Violence in Higher Education, involving stages of reporting, follow-up on reports, investigations, preparation of conclusions and recommendations, and follow-up on conclusions and recommendations.
Co-Authors Antonio, Rizal Nando Matauseja, Siloam Putrisia Rumahlewang, Fruli Sahupala, Gregory Anthonio Salamor, Anna Saliu, Abdul Rahman Sopacua, Margie Gladies Sopacua, Margie Margie Gladis Sopamena, Ronald Fadly Sopamena, Siska Vilonia Indah Supusepa, Reimon Timisela, Victor Riko Febrianko Ubwarin, Erwin Wado, Riska La Ode