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All Journal AIWADTHU: Jurnal Pengabdian Hukum IBLAM Law Review PATTIMURA Legal Journal Al-Bayyinah PATTIMURA Law Study Review SASI Jurnal Saniri
Corputty, Patrick
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Religion Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

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Diversi Sebagai Bentuk Penyelesaian Perkara Anak Yang Berhadapan Dengan Hukum (Studi Putusan Perkara Nomor 3/Pid.Sus-Anak/2022/PN Amb) Latekay, Honney Uplera; Wadjo, Hadibah Zachra; Corputty, Patrick
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.v2i1.13870

Abstract

ABSTRACT: Diversion is the transfer of resolution of children's cases from the criminal justice process to a process outside criminal justice. Diversion is carried out at three levels, namely at the investigation, prosecution and court levels. In this case, if the diversion deliberation process is successful, the case will not proceed to the next stage, but if diversion deliberations fail to be carried out at the investigation level, the next effort is to conduct diversion deliberations at the prosecution level. If there is no common ground at the prosecution level, then diversion will be attempted at the court level. The aim of this research is to find out whether the diversion process in this research has fulfilled the principle of legal certainty or not and to find out what factors cause the success of diversion in court. Based on the results of this research, it was concluded that it does not fulfill the principle of legal certainty, because children who make mistakes are not given a deterrent effect by being sentenced to 15 years in prison as regulated in article 81 paragraph (1) and/or paragraph (2) Jo. Article 76D of Law number 35 of 2014 is an amendment to Law 23 of 2002 concerning child protection and the factors causing the success of diversion in court, namely consideration of the customs of Supreme Court Regulation No. 4 of 2014 Article 3.
Pelaku Tindak Pidana Pencabulan Yang Dilakukan Oleh Anggota Keluarga Yuniar, Dita; Titahelu, Juanrico Alfaromona Sumarezs; Corputty, Patrick
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 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.v3i1.19732

Abstract

The crime of obscenity is a form of crime that has a serious impact on the victim, both physically, psychologically and socially. Juridical studies of criminal acts of sexual immorality are important to understand how Indonesian law regulates, protects and provides sanctions against perpetrators of these crimes. In the context of Indonesian criminal law, sexual abuse is regulated in the Criminal Code (KUHP) and special regulations such as the Child Protection Law. This article examines the elements of criminal acts of obscenity, the law enforcement process, and the obstacles faced by law enforcement officials in handling obscenity cases. Apart from that, efforts to protect victims and the role of the community in preventing this criminal act were also discussed. This study concludes with recommendations for improving regulations and more effective implementation of the law to provide justice for victims and prevent the recurrence of similar crimes. To find out the views of individualization theory, the views of individualization theory on criminal acts of sexual abuse and legal protection for children who are victims of family abuse. The research method in this research is normative juridical. The problem approaches used are the statutory approach, conceptual approach and case approach. From the results of this research, it can be concluded that sexual immorality is a crime which in Indonesian laws and regulations, if the elements of a criminal act of sexual immorality are met, criminal sanctions must be applied in accordance with the provisions of the applicable laws and regulations, namely Article 289 and supported by Law Number 23 of the Year. 2002 concerning Child Protection as a specialist leg of the Criminal Code. Meanwhile, legal protection for children who are victims of criminal acts of sexual abuse in accordance with statutory regulations stipulates the obligation to carry out rehabilitation efforts, namely in Article 6 of Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Article 69A of Law Number 35 of 2014. 2014 concerning Child Protection.
Co-Authors Amir, Irfan Chatarina Umbul Wahyuni Hattu, Jacob Hutabarat, Feby Amalia Latekay, Honney Uplera Muammar Muammar, Muammar Nirahua, Salmon Eliazer Marthen Pasalbessy, John Dirk Saimima, Judy Marria Salamor, Yonna Beatrix Seleky, Adolop Sembiring, Adventi Ferawati Titahelu, Juanrico Alfaromona Sumaresz Titahelu, Juanrico Alfaromona Sumarezs Wadjo, Hadibah Zachra Yunanto , Yunanto Yuniar, Dita Zakiyah, Ninik