Latupeirissa, Julianus Edwin
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Kajian Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa Purwanto, Astrid Hilarry; Latupeirissa, Julianus Edwin; Taufik, Iqbal
MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 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.v2i2.19411

Abstract

Introduction: Corruption is one of the dangerous crimes that is also categorized as White Collar Crime which is a form of crime committed by a person or group who has a position using the authority they have in their work. Corruption crimes from year to year continue to increase. Purposes of the Research: to find out what are the factors that cause the crime of corruption of village funds and how to enforce the law to prevent the occurrence of corruption of village funds. Methods of the Research: The research method used in this writing is empirical juridical research. This type of research is descriptive analysis. The sources of legal materials used are primary and secondary legal materials. Techniques for collecting legal materials through literature study and then analyzing them descriptively using qualitative methods based on criminal law science Results of the Research: The results of this research are what factors cause corruption in village funds and what law enforcement efforts can be taken to prevent it from happening again. Corruption is driven by several factors, namely economic factors, poverty, and lack of awareness of the law, etc.
Aspek Penologis Alasan Peringanan Pidana Bagi Pelaku Tindak Pidana Korupsi Marasabessy, Syaiful Achmad Zidane; Latupeirissa, Julianus Edwin; Patty, Jetty Martje
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 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.v3i1.19759

Abstract

Introduction: Corruption gets more attention than other crimes because of its huge negative impact. In deciding corruption cases, judges always consider various aspects because they have legal and ethical responsibilities. There is no standard reference regarding the reasons for mitigating or increasing sentences, making it difficult to determine the reasons for light or heavy sentences. Therefore, an in-depth study is needed. Several cases show that penological aspects, such as rehabilitation and reintegration of perpetrators, can be a reason to reduce sentences. Purposes of the Research: This study aims to examine the requirements and role of penological aspects in reducing sentences for corruption perpetrators. Methods of the Research: The legal research used is a normative legal research type which is descriptive and analytical in nature. Results of the Research: The results of the study show that the reasons for reducing sentences for corruption perpetrators include the defendant's awareness and regret, frank confession, never having been convicted, restitution of state losses, family responsibilities, and services to the state or society. However, the use of the penological aspect in the Central Jakarta District Court Decision Number: 29/Pid.Sus-TPK/2021/PN Jkt.Pst is considered odd, especially the reason that the defendant has suffered enough from public insults. This phrase is considered to hurt the sense of justice and should not be used, especially in cases of social assistance corruption when the country is experiencing a non-natural disaster.
Application of diversion in the investigation of criminal acts in the field of traffic against children Supusepa, Remon; Latupeirissa, Julianus Edwin; Patty, Jetty Martje; Nussy, Jennifer Ingelyne
Gema Wiralodra Vol. 14 No. 3 (2023): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i3.590

Abstract

The aim of this research is to analyze the application of diversion in restorative justice in the Juvenile Criminal Justice System. The type of research carried out is descriptive research with a normative legal research type related to the application of diversion in restorative justice in the criminal justice system. The results of the research show that the implementation of diversion in restorative justice in the system of implementing diversion for children who are in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children who are in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and their victims or families, but rather a form of punishment for children in conflict with the law in an informal way. The recommendation in this research is that law enforcement officers, in carrying out their duties of investigation, prosecution, examination and determining case decisions at court hearings, should prioritize the application of diversion as an alternative to the application of imprisonment. There needs to be massive outreach regarding diversion to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.
Criminal Aspects of Passive Vote Buying in the Conduct of General Elections in Indonesia Alakaman, Nesti Yusticiadewi; Latupeirissa, Julianus Edwin; Latumaerissa, Denny
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22902

Abstract

In the process of conducting general elections, there are often actions that disrupt democratic order, and in reality, many violations lead to a decline in general election quality; one key issue is money politics, especially vote buying. Data, surveys, and documented cases show that those who make promises, offer money, or provide other material incentives (active vote buying) are more often prosecuted than the recipients (passive vote buying) during general elections. This issue is linked to the lack of regulations that address passive vote buying. The purpose of this article is to examine and analyze the forms of money politics in the conduct of general elections and the measures of legal enforcement in the act of passive vote buying. This article uses a normative legal research, with a statutory approach, a case approach, and a conceptual approach. The results of the research show that 1. The forms of money politics in general elections include various types, such as vote buying, vote brokers, political corruption, serangan fajar, mass mobilization, and money politics at different levels: upper, middle, and lower; 2. The efforts of law efforcement to address passive vote buying involve applying Article 149 paragraphs (1) and (2) of the Indonesian Criminal Code, which clearly covers both active and passive vote buying, and it also aim to reform criminal law by regulating both active and passive vote buying in future general election law (ius constituendum).
Pertimbangan Hukum Hakim Terhadap Putusan Bebas Dalam Tindak Pidana Pembunuhan (Studi Putusan Nomor : 454/Pid.B/2024/PN. Sby) Pedan, Yohanis Egi; Adam, Sherly; Latupeirissa, Julianus Edwin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 2 (2025): Volume 5, Nomor 2, Oktober 2025 (in progress)
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3662

Abstract

Introduction: The judge's legal considerations are a stage in which the panel of judges comprehensively assesses the facts revealed during the trial process based on legal and non-legal considerations as the basis for a decision that embodies the value of justice.Purposes of the Research: This study aims to analyze and discuss the legal considerations of judges in acquittal verdicts for criminal homicide in verdict number: 454/Pid.B/2024/PN.Sby and to analyze and discuss acquittal verdicts for perpetrators of criminal homicide from the perspective of the objectives of criminal punishment.Methods of the Research: The research method used is normative legal research using a legislative approach, conceptual approach, and case approach. The legal materials used are primary, secondary, and tertiary legal materials. The procedure for collecting legal materials is carried out through literature study, processed through editing, systematization, and qualitative analysis.Results / Findings / Novelty of the Research: The results of the study show that the judge's legal considerations regarding the perpetrator of the crime of murder in decision number: 454/Pid.B/2024/PN. Sby, based on the judge's legal considerations of all elements of the alternative charges under Article 338 of the Criminal Code, Article 351 paragraph (3) of the Criminal Code, Article 359 of the Criminal Code, and Article 351 paragraph (1) of the Criminal Code, which were brought by the public prosecutor against the defendant Gregorius Ronald Tannnur, were not legally proven. The reason for this was that the judge was convinced by the opinion of a driving safety expert that the victim was outside the lane of the car driven by the defendant and, based on CCTV footage that did not clearly show that the victim died as a result of murder or being run over by the defendant's car, the judge acquitted the defendant. An acquittal of a perpetrator of a criminal act of murder is contrary to the purpose of punishment if it is not based on strong evidence. If an acquittal is given because the judge was not careful in examining the evidence and witnesses or for other reasons that are not in accordance with the law, then this verdict can be considered unfair and can reduce public trust in the judicial system to provide justice and protect the community
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.