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All Journal DiH : Jurnal Ilmu Hukum Gema Wiralodra JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum Bacarita Law Journal LUTUR Law Journal PATTIMURA Law Study Review Matakao Corruption Law Review
Latupeirissa, Julianus Edwin
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Law, Crime, Criminology & Criminal Justice Other

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Perlindungan Hukum Terhadap Anak Sebagai Korban Leasa, Elias Zadrach; Latupeirissa, Julianus Edwin; Tuhumury, Carolina; Nussy, Jennifer Ingelyne; Supusepa, Reimon
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1866

Abstract

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Perdagangan Orang Nugroho, Adi Purwo; Titahelu, Juanrico Alfaromona Sumarezs; Latupeirissa, Julianus Edwin
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8628

Abstract

The purpose of this writing is to analyze and explain the factors of child trafficking in Aru Regency. The crime of trafficking in persons is generally in the form of violations of human dignity and dignity in the form of cruel treatment, and even slavery-like treatment. This perpetrator is accepted as the helplessness of the victim, who is trapped in a network that is very difficult to identify, so it will be difficult to find a solution. The research method used in this research is normative legal research, namely legal research conducted by analyzing literature materials.
Tindak Pidana Penyerobotan Tanah Marjan, Muh Efendi; Toule, Elsa Rina Maya; Latupeirissa, Julianus Edwin
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.10353

Abstract

This study aims to find out: what are the material elements of land grabbing that can be punished, and what are the judges'juridical considerations of criminal acts of land grabbing. Normative Juridical Research Research. Legal research is conducted to find solutions to legal issues that arise, primary data and secondary data are analyzed descriptively. This research is directed to be able to study and analyze whether land grabbing can be criminalized or not, analyze and explain the application of criminal law to criminal acts of land grabbing. The results showed that the judge who examined and tried the case with register number 225/Pid.B/2015/PN.Kla stated that the defendant was proven to have committed the act as charged by the first and second charges, but the panel of judges decided to release the defendant from all charges. law because the actions committed by the defendant are not a crime (onslag van recht vervolging). The Judge considered that the indictment submitted by the Public Prosecutor at the trial was in accordance with the actions of the defendant, but based on the results of the trial facts the Panel of Judges who examined and tried the case with register number 225/Pid.B/2015/PN.Kla did not find any action crime from the defendant's actions during the evidentiary process.
Aspek Hukum Pidana Perampasan Jenazah Akibat Covid-19 Menurut Undang-Undang Nomor 6 Tahun 2018 Tentang Kekarantinaan Kesehatan Pattinama, Kevin Gilbert; Pasalbessy, John Dirk; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2104

Abstract

Introduction: The community plays an important role in complying with Government regulations and policies in suppressing the chain of transmission of Covid-19, for example, wearing masks, maintaining cleanliness, washing hands, and so on.Purposes of the Research: The purpose of this study is to provide an overview of the qualifications of the crime of taking the corpse of Covid-19 according to the statutory regulations and the obstacles to investigating the crime of taking the body of Covid-19.Methods of the Research: Research methods are used with normative juridical research types. The problem approach used is the legal approach, concept analysis approach, case approach, Source of legal materials used primary legal materials and secondary legal materials. Collection techniques through literature studies and then analyzed through the way of description using qualitative methods. Result of the Research: The results of this study show that a criminal act of confiscating a corpse due to Covid-19 was committed by unscrupulous residents of Batu Merah Village, Ambon City. In the Judge's decision, the defendants had fulfilled the criminal element, namely the existence of actions from everyone who did not comply with the implementation and/or obstructed the implementation so that it caused a Public Health Emergency. With the higher rate of transmission of the virus, investigators are afraid to face face to face to examine suspects or witnesses. Therefore, the government needs to make specific regulations regarding the criminal act of confiscating the corpse of Covid-19.
Kajian Yuridis Kesaksian Palsu Dalam Pembuktian Tindak Pidana Latupeirissa, Christi Marvel; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
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.v3i2.1891

Abstract

Introduction: Evidence is a very decisive factor for judges in making decisions. Witnesses are needed in explaining a case. In giving testimony, witnesses must provide truthful information. In order for witness testimony to be considered valid, it must meet the conditions specified in the Criminal Procedure Code. A statement given under oath where the content contradicts the truth both in a positive sense, namely giving false information (fabricating) or in a negative sense, namely hiding the truth, is also called perjury.Purposes of the Research: to analyze explaining that false testimony is a crime as well as the mechanism for handling or legal remedies against false testimony in proving a crime.Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books.Results of the Research:  the construction of false testimony in the Criminal Code must fulfill the element of testimony that must be under oath. The statement must be required by law or according to regulations that determine the legal consequences of said statement, the statement must be false (incorrect) and this falsehood is known to the giver of the statement. Second, proving the act of justifying false testimony in criminal procedural law can be carried out if the witness continues to defend his statement until the witness examination is complete, then a criminal act of perjury occurs which is then supported by a decision stating that the defendant has not been legally and convincingly proven and the judge orders the defendant to immediately released from custody so that this will become the subject of a new case that can be reported by the defendant's lawyer or the defendant himself
Perlindungan Hukum Bagi Konsumen Terhadap Peredaran Obat Kuat Secara Ilegal Melalui Media Online Puspitasari, Intan; Haliwela, Nancy Silvana; Latupeirissa, Julianus Edwin
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.v2i1.13772

Abstract

ABSTRACT: Buying and selling activities through online media are widespread in Indonesia, resulting in the emergence of various negative impacts that can endanger consumer safety due to the circulation of illegal strong drug products, for this reason it is necessary to enforce the law and form legal accountability from business actors towards consumers due to the online distribution of strong drugs illegally via online media. This research aims to determine and explain law enforcement and forms of legal responsibility from business actors towards consumers as a result of the illegal distribution of strong drugs through online media. The type of research used in this writing is normative legal research. By using a statutory approach and a conceptual approach, the legal materials used are primary and secondary, collecting legal materials using library research, namely collecting relevant legal materials to obtain valid and accurate data, from all legal materials obtained, compiled systematically and then processed and analyzed in a normative juridical manner, namely describing the problems related to this research. The results of this research conclude that law enforcement through BPOM is intended to protect the rights of consumers who are harmed by consuming illegal strong drugs distributed through online media, from actions carried out by business actors, legal responsibility that can be sought from business actors is through administrative sanctions in accordance with regulations. in force, however administrative sanctions do not provide a deterrent effect for business actors. For this reason, regulations regarding the distribution of strong drugs through online media must be upgraded to law, so that criminal sanctions can be provided as a deterrent to business actors. BPOM also needs to collaborate with the National Cyber ​​Agency and Kominfo to make it easier to reach and block accounts selling illegal drugs, and the public needs to be educated about illegal drugs in online media, so that people have knowledge of the consequences of consuming drugs that endanger health and safety.
Perlindungan Hukum Terhadap Korban Malpraktek Kedokteran Iwan, Bintang R; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
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.v2i1.13818

Abstract

ABSTRACT: Basic Legal Protection in the sense that errors can be intentional or negligent. Based on decision Number 75/Pid.Sus/2019/PN.Mbo, at the Cutt Nyak Dhien Meulaboh Regional General Hospital (RSUD) there were two health workers, namely a nurse and a midwife, who committed gross negligence. Namely injecting the wrong drug into a patient which results in death. Purposes of the research, to find out the legal regulations related to the behavior of medical personnel which causes the death of patients, and forms of criminal penalties for medical personnel who cause the death of patients, victims of medical malpractice and health protection laws. This research method uses a normative legal research type, while this research method uses a statutory approach, with data sources taken from secondary data obtained through library research. The data is then processed and carried out using qualitative analysis. Based on the results of the research, regulations regarding the activities of medical personnel that cause death are regulated in Articles 1 and 2 of Law Number 36 of 2014 concerning the Health of Medical Personnel. The law stipulates that actions of medical personnel that cause the death of a patient are punishable by imprisonment for a maximum of 5 (five) years. Criminal acts of medical personnel that result in the death of patients are acts of negligence by medical personnel, not intentional medical acts. It can be said that the defendant's actions were not only considered negligent, but the actions of the medical staff were also intentional, resulting in the death of the patient they were treating due to an error in administering the drug. Therefore, a sentence of 2 (two) years in prison is still deemed inappropriate and does not provide a sense of justice for the victim's family for the death of a patient who was a victim of professional misconduct, one of which was intentional.
Kajian Viktimologi Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Mailoa, Mikhael Patric Jansen; Latupeirissa, Julianus Edwin; Taufik, Iqbal
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.v2i1.13819

Abstract

ABSTRACT: Persecution is an act against the law, so there are many actions that can be carried out by irresponsible people, where an act of covering up what happened can be in the form of torturing, thinking, etc. An act of drawing can occur intentionally or unintentionally so it can also result in the death of a human victim. For example, the transmission case that occurred in Masohi was a victim of a person with a mental disorder, where the suspect named Ancamali carried out the transmission to a person with a mental disorder and also burned the person with a mental disorder, resulting in the victim dying, so Ancamali received a prison sentence of 4 years and 6 months. The problem that the author can discuss is how to study the victimology of people with mental disorders (ODGJ) who are victims of abuse and how to deal with people with mental disorders who become human victims. This writing uses the Normative Juridical research type, with a statutory regulation approach, a conceptual approach and a case approach. The results of the research show that actions carried out by irresponsible people are mandatory and must be held accountable in accordance with applicable regulations, in article 338 of the criminal code which states "whoever deliberately takes the life of another person is threatened because murder with a maximum prison sentence of fifteen years.” as well as efforts to handle people with mental disorders who become human victims, can be done through preventive and repressive efforts.
Penerapan Diversi Oleh Hakim Dalam Penyelesaian Perkara Pidana Anak Ditingkat Pengadilan (Studi Pengadilan Negeri Masohi) Tetelepta, Natalisya; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v2i1.13876

Abstract

ABSTRACT: Diversion is the resolution of a child's case from a criminal process to a process outside of criminal law. Because children have rights to be protected, the handling of children's cases and adult cases is certainly different. Diversion can be carried out at every level, starting from investigation, investigation and even court level. With the existence of a diversion system, it is hoped that there will be legal reform in children's cases so that the diversion process is carried out to prevent children from being labeled as criminals and to prevent children from being negatively impacted by the prosecution process. Purposes of the research to find out the application of restorative justice in the diversion process in court as well as the mechanism for implementing diversion by judges in resolving criminal cases at court level. The research method in this research is normative juridical. The problem approaches used are the statutory approach, conceptual approach and case approach. The results of this research show that in carrying out the diversion process in court the judge has the right to determine which children's cases can be attempted diversion and in its implementation the judge must also seek diversion through the mechanisms that have been regulated. In children's cases with determination Number 2/Pen.Div/2023/PN Msh Jo. Number 3/Pid-Sus-Anak/2023/PN The judge has attempted diversion in accordance with the diversion implementation guidelines mechanism in PERMA No.4/2014, so that the diversion efforts carried out in the child's case at court level can be successful.
Penerapan Ajaran Kausalitas Pada Kecelakaan Lalu Lintas Yang mengakibatkan Kematian Eugara, Lukas Putra; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2456

Abstract

Introduction: The teaching of causality in criminal law or better known as a causal relationship is very interesting. There are various theories of causality known in criminal law. These theories were born to answer one important question in criminal law, namely what is the cause of an effect. Often in the event of a traffic accident the focus in solving is only on the facts of the incident but the presence of causality becomes a filter to see which is the cause of the effect.Purposes of the Research: This study aims to analyze and discuss the application of causality to traffic accidents that result in death.Methods of the Research: This research is a normative legal research. In this study, the approach used is the legal approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials is by means of library research by collecting materials through invitations, reference books, mass media, such as newspapers. The overall data in this study were analyzed qualitatively.Results of the Research : The results of this study indicate that the application of the teaching of causality to traffic accidents resulting in death has its own problems where law enforcers, both the police, prosecutors and judges, always use the theory/doctrine of causality because the causality teaching has not been clearly defined, so the application that is present only one or two doctrines from the teachings of causality, be it the theory of conditio sine quo non, generalizing, individualizing, to relevance. Therefore it is very important to provide technical guidelines for judges and prosecutors in interpreting, exploring, analyzing, and applying the teachings of causality so that the process of finding causes that cause prohibited effects produces a truth.
Co-Authors Adam, Sherly Alakaman, Nesti Yusticiadewi Andries, Desebrina Lupitha Eugara, Lukas Putra Hehanussa, Deassy Jacomina Anthoneta Intan Puspitasari Iwan, Bintang R Jahawadan, Stephanie Mollucas Latumaerissa, Denny Latupeirissa, Christi Marvel Leasa, Elias Zadrach Leasa, Elias Zadrack Lesnussa, Agnes G Mailoa, Mikhael Patric Jansen Manawan, Jzeron Luy Marasabessy, Syaiful Achmad Zidane Marjan, Muh Efendi Nancy Silvana Haliwela Nikodemus, Jimris Fantos Nugroho, Adi Purwo Nussy, Jennifer Ingelyne Pasalbessy, John Dirk Pasorong, Wiranata Pattinama, Kevin Gilbert Patty, Jetty Martje Pedan, Yohanis Egi Purwanto, Astrid Hilarry Rettob, Zainudin Saimima, Judy Marria Salamor, Anna Maria Silaban, Josua Ferdinand Somoharjo, Hendrika Hutami Supusepa, Reimon Supusepa, Remon Taufik, Iqbal Tetelepta, Natalisya Titahelu, Juanrico Alfaromona Sumarezs Toule, Elsa Rina Maya Tuhumury, Carolina Ubwarin, Erwin