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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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Tinjauan Yuridis Terhadap Tindak Pidana Laporan Palsu Jahawadan, Stephanie Mollucas; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2474

Abstract

Introduction: False reports are a form of conveying false news, information, or notifications or an incident that did not occur.Purposes of the Research: The purpose of this research is to know and analyze the qualifications of a report as a criminal act of false reporting and to know and analyze the judge's legal considerations in the case of fake reports.Methods of the Research: The method used is normative juridical with the Statute Approach, Conceptual Approach and Case Approach, and uses primary, secondary and tertiary legal materials.Results of the Research: The results of this study indicate that a false report is qualified as a crime on the basis of fulfilling the elements of a crime, and the false report itself has been regulated in Article 220 of the Criminal Code.  As well as the Judge's legal considerations relating to the decision Number: 60/Pid.B/2020/PN Blora is correct by handing down a decision against the defendant on behalf of Agus Jarmanto Bin Sujopo, imprisonment for 6 (six) months for the false report he made taking into account the factors Juridical and non-juridical factors in this case are aggravating and mitigating factors for the Defendant.
Perlindungan Hukum Terhadap Kebebasan Pers (Wartawan) Dalam Melakukan Kegiatan Jurnalistik Nikodemus, Jimris Fantos; Latupeirissa, Julianus Edwin; Ubwarin, Erwin
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2465

Abstract

Introduction:  Freedom of the press is fundamental. Freedom is meant in the context of exercising the rights, functions and roles of the press. Journalists as people who carry out these functions and roles, get guaranteed legal protection. In Article 8 of Law No. 40 of 1999 concerning the Press it states "In carrying out their profession journalists receive legal protection". However, in reality, cases of violence, intimidation and threats against journalists are still occurring.Purposes of the Research: Reviewing and discussing whether actions that impede freedom of the press can be held criminally responsible and reviewing and discussing legal protection for freedom of the press (journalists) in conducting journalistic activities.Methods of the Research: The research method used is normative research based on statutory approaches, case approaches and conceptual approaches.Results of the Research: The results of the research found that acts that impede freedom of the press (journalists) in carrying out journalistic activities are criminal acts and for those actions committed, they can be held criminally responsible and can be processed based on applicable law. On the other hand, legal protection from both the government and/or the public for journalists must be carried out with full awareness and a high sense of responsibility so that good synergy is built to create a sense of security for journalists in carrying out their noble duties.
Integrating Customary Criminal Sanctions in The Resolution of Domestic Violence in Maluku Latupeirissa, Julianus Edwin; Salamor, Anna Maria
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 1 Februari 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.12159

Abstract

This study aims to examine the existence of customary criminal sanctions in resolving domestic violence (DV) cases in Maluku, particularly in the West Seram Regency. The research employs an empirical approach with a socio-legal model, combining the analysis of primary field data with a review of relevant legal literature. The high prevalence of domestic violence in Maluku, which continues to rise annually, raises significant concerns within society. This phenomenon not only affects victims physically and psychologically but also exacerbates social stigma against women and children who experience violence. Patriarchal culture in Indonesia reinforces gender inequality, where men are often viewed as dominant, normalizing violence against women in some instances. Additionally, victims' economic dependence on perpetrators further aggravates their situations. In Maluku, customary law plays a crucial role in community life, including in addressing domestic conflicts. However, the dominance of national criminal law, introduced during the colonial era, has marginalized the role of customary law. Despite this, in certain areas, such as West Seram Regency, customary criminal sanctions continue to be utilized for resolving domestic violence cases. The findings reveal that some customary communities in Maluku still practice traditional mechanisms to resolve DV cases. These mechanisms involve imposing customary sanctions, such as property compensation or community labor, aimed at restoring social and cosmic balance. While these practices are widely accepted within customary communities, they have limitations in addressing justice and trauma recovery for victims. The approach often emphasizes material resolutions without adequately addressing the psychological and social rehabilitation of victims.
Pelaksanaan Rehabilitasi Bagi Warga Binaan Narkotika Somoharjo, Hendrika Hutami; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.14982

Abstract

Rehabilitation is a way or process of recovering narcotics abuse for addicts, abusers and victims who are carried out medically or socially in order to restore community members so that they no longer fall into narcotics. Rehabilitation is an alternative method determined by certain procedures and conditions. This study aims to analyze and explain the implementation of rehabilitation of prisoners of narcotics crimes in accordance with Law Number 35 of 2009 concerning Narcotics and Law Number 22 of 2022. Based on the analysis of the implementation of rehabilitation for prisoners of narcotics crimes, social rehabilitation activities are carried out by applying the Therapeutic Community method, which is a stage of rehabilitation where a person must strive to restore himself without being given facilities in general by carrying out the stages of recove. The results showed that based on the analysis of the implementation of rehabilitation for prisoners of narcotics crimes in accordance with Law Number 35 of 2009, although only social rehabilitation activities can be carried out by applying the Therapeutic Community method. This stage of rehabilitation is a stage of rehabilitation where a person must strive to restore themselves without being given facilities in general by carrying out stages of recovery. Meanwhile, the implementation of rehabilitation of prisoners in narcotics cases that can be carried out is only social rehabilitation while medical rehabilitation is the responsibility of BNN in collaboration with the Hospital.
Optimization of Criminal Justice in Identifying Corruption Patterns in Government Administration and Development in Maluku Latupeirissa, Julianus Edwin; Titahelu, Juanrico Alfaromona Sumarezs
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.79-97

Abstract

Maluku Province, with its archipelagic characteristics, experiences the impact of corruption in nearly all its regencies and cities, where government officials often collaborate with private entities in corrupt practices. This study aims to discuss the optimization of the criminal justice system in identifying corruption patterns in government administration and development in Maluku Province. The research employs an empirical approach. The findings reveal five distinct corruption patterns in government administration and development in Maluku Province, jointly perpetrated by regional government officials and private actors. These patterns include land price manipulation, contract price inflation, overpayments, tax fraud, and fictitious activities.The study concludes that optimizing the role of the criminal justice system in identifying corruption patterns requires strengthening the institutional capacity of the Indonesian National Police (Polri) in its duties as a recipient of reports, investigator, and examiner of corruption cases. Moving forward, a more intensive coordination among all state institutions involved in criminal justice is necessary to support the government in addressing the growing issue of corruption
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.
The Urgency of Victim Impact Statements in Handling Sexual Violence Cases in Indonesia Andries, Desebrina Lupitha; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 2, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i2.2953

Abstract

Introduction: Victim Impact Statement (hereinafter referred to as VIS) is a mechanism that provides an opportunity for victims or their families to convey the psychological, physical, social, and financial impacts resulting from a criminal act. The purpose of VIS is to provide the victim’s perspective in the judicial process to help judges understand the consequences of the criminal act, especially during the sentencing phase.Purposes of the Research: The aim of this research is to examine and analyze the urgency of VIS in the Indonesian criminal justice system and its influence on sexual violence cases.Methods of the Research: This research uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. The data collected is analyzed qualitatively to understand the role of VIS in the criminal justice system.Findings of the Research: The results of the research show that the decision of the Padang High Court Number 119/PID.Sus/2024/PT.PDG, where the defendant was acquitted despite sufficient evidence, highlights the importance of applying VIS in the criminal justice system in Indonesia. To date, VIS has not been implemented in Indonesia, but this case reflects the need for a better mechanism to ensure that victims' rights are truly upheld in the judicial process. Therefore, integrating VIS into the Indonesian criminal justice system is necessary to enhance protection for victims, particularly in sexual violence cases.
Prevention of General Criminal Offenses In The General Criminal Investigation Directorate of The Maluku Regional Police Force Pasorong, Wiranata; Titahelu, Juanrico Alfaromona Sumarezs; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 3, May 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i3.2970

Abstract

Introduction: Security and order is a situation characterized by guaranteed security and public order, order and law enforcement, and the implementation of protection, protection and services to the community.  One of the police divisions in having an important task to emphasize general crimes or crimes of a general nature contained in Maluku carried out by the Directorate of General Criminal Investigation by carrying out prevention efforts.Purposes of the Research: This study aims to examine and discuss the Prevention of General Crimes at the General Criminal Investigation Directorate of the Maluku Regional Police.Methods of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies. the approaches used are: statute approach, conceptual approach, and casus approach. The technique of searching for legal materials uses document study techniques, and analyzes the study using qualitative analysis.Findings of the Research: The results showed that. Prevention of General Crimes Carried out by the General Criminal Directorate of Maluku Police is to increase parents' awareness to play a greater role in fostering their children, provide information and remind the public of the criminal threats that can be imposed on everyone who commits acts that can be categorized as despicable acts, provide. intensify religious and moral education to all levels of society outside of school and provide education and transparency in law enforcement; and try to improve the ability and authority of law enforcement officials in handling criminal acts through training activities and other activities that are really felt directly by the community.
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