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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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Journal : PATTIMURA Law Study Review

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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 Restorative Justice dalam Perkara Tindak Pidana Penipuan dan Penggelapan di Tingkat Prapenuntutan Silaban, Josua Ferdinand; Latupeirissa, Julianus Edwin; Leasa, Elias Zadrack
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.v3i1.19733

Abstract

The Restorative Justice approach is a milestone in the renewal of the criminal law system reform towards a positive direction. However, currently, the Indonesian criminal law system has not accommodated a comprehensive explanation of the definition, principles, and application of criminal acts based on restorative justice at the level of the Law and Restorative Justice is still interpreted narrowly as the termination of the case. The method that will be used by the researcher is Normative Judicial. The type of research is descriptive analysis. The sources of legal materials used are primary, secondary and tertiary legal materials. Data collection techniques through literature studies. The results of the study explain that the application of Restorative Justice in Indonesia can be applied to several categories of criminal acts and can be applied at every stage in criminal justice by considering a number of factors and Restorative Justice is a complement to the current criminal law system. Settlement of cases with a peace agreement in cases of fraud and embezzlement is one of the efforts of victims to obtain compensation from the perpetrators, but the process has not been clearly regulated at the pre-prosecution level.
Penegakan Hukum Pidana Terhadap Kakek Pelaku Pelecehan Bagi Anak Di Dalam Kapal Lesnussa, Agnes G; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v3i1.19734

Abstract

Sexual harassment is sexual activity that occurs verbally, non-verbally and also visually, namely sexual behavior that is unwanted by the victim, targeting the victim’s sexual organs or sexuality. Women and children often become victims of sexual harassment. The rise in cases of sexual abuse against children is one form of lack of handling by law enforcement officials in safeguarding, preventing and protecting children from criminal acts of sexual abuse. Parents, the community and law enforcement officials are expected to provide guarantees of legal protection for children who are victims of criminal acts of sexual abuse. The research method used in researching and discussing this problem is normative juridical which uses a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. Sexual harassment is sexual activity that occurs verbally, non-verbally and also visually, namely sexual behavior that is unwanted by the victim, targeting the victim’s sexual organs or sexuality. Women and children often become victims of sexual harassment. The rise in cases of sexual abuse against children is one form of lack of handling by law enforcement officials in safeguarding, preventing and protecting children from criminal acts of sexual abuse. Parents, the community and law enforcement officials are expected to provide guarantees of legal protection for children who are victims of criminal acts of sexual abuse.
Penyelesaian Perkara Dengan Pendekatan Restorative Justice Dalam Pelaksanaan Tugas Di Direktorat Pamobvit Polda Maluku Di Wilayah Objek Vital Manawan, Jzeron Luy; Supusepa, Reimon; Latupeirissa, Julianus Edwin
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.v3i1.19739

Abstract

In the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, which prioritizes justice for victims to make peace with the perpetrators in carrying out their functions and duties as personnel of the Pamobvit Directorate of the Maluku Regional Police, which often encounters obstacles or conventional crimes in the Vital Object area or the work area of ​​the Pamobvit Directorate of the Maluku Regional Police. This paper aims to analyze and discuss the restorative justice approach for minor crimes in handling vital objects carried out by the Directorate of Pamobvit Polda Maluku, analyze and discuss the obstacles in implementing restorative justice in carrying out the duties of the Directorate of Pamobvit Polda Maluku for handling regional vital objects, and as one of the requirements for completing studies at the Faculty of Law, Pattimura University. Normative research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal material collection techniques and then legal material processing and analysis techniques through qualitative analysis, namely the data obtained is then systematically arranged to be analyzed qualitatively based on civil law disciplines to achieve clarity of the problems to be discussed. The results of the study indicate that the Restorative Justice approach for minor criminal acts in handling vital objects carried out by the Directorate of Pamobvit Polda Maluku and what obstacles are there in implementing Restorative Justice in carrying out the duties of the Directorate of Pamobvit Polda Maluku for handling regional vital objects, the scope of minor crimes, duties and authorities, settlement mechanisms, forms of settlement of minor crimes, obstacles faced by Pamobvit and concrete solutions for handling minor crimes by Pamobvit.
Penanggulangan Penyalagunaan Minuman Beralkohol Dikalangan Remaja Rettob, Zainudin; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v3i2.14049

Abstract

Abuse of alcoholic drinks among teenagers is a portrait of life activities that are often found in almost all remote areas in Indonesia. Even though many legal products in the form of statutory regulations have been made by state administrators, it cannot be denied that there are still deviant behaviors that are often encountered in social life, which are the ones that then cause disruption to the interests of society. other communities. The research method used is Empirical Juridical. Empirical legal research uses inductive reasoning techniques and acceptable truth criteria to search for truth and collect primary data. Surrogate facts are used to carry out appropriate truth-testing induction processes. The impact of alcoholic drinks among teenagers in the PP Kur Tual city sub-district has several kinds of impacts, namely it can increase the crime rate, damage public health, cause fights/brawls and can increase liver disease among teenagers. Prevention efforts are carried out by the police/district police. PP Kur Kota Tual in preventing the distribution and consumption of alcoholic beverages is carried out with repressive efforts, preventive efforts and preventive, social efforts.
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