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Latupeirissa, Julianus Edwin
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Law, Crime, Criminology & Criminal Justice Other

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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.
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
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.
Kajian Hukum Pidana Terhadap Kedudukan Informan Sebagai Saksi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dengan Undang-Undang Nomor 8 Tahun 1981 Tentang KUHAP Lainata, Claudio Varly; Pasalbessy, John Dirk; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1100

Abstract

Introduction: In Indonesia, the law that supervises and controls the use of narcotics as well as overcoming the abuse of narcotics and the treatment of its victims is known as the narcotics law.Purpose of the Research: Therefore, this writing aims to analyze and explain the position of informants in Law 35 of 2009 and the role of informants in helping to reveal narcotics crimes.Methods of the Research: This type of research in the preparation of legal writing is normative legal research. Peter Mahmud Marzuki said that legal research in general is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues at hand. Normative legal research, another name is doctrinal legal research, also known as library research or document study because this research was conducted or aimed only at written regulations.Results of the Research: The results of the study show that legally, narcotics are regulated in Law Number 35 of 2009 concerning Narcotics. However, in this case, informants who are intermediaries in following up narcotics cases are not explicitly regulated in the legislation, only policies that make informants are still used by the police to assist in uncovering narcotics trafficking crimes. The informant contributes to the law enforcement of narcotics crime, where the role of this informant is one of the technical ones in uncovering the crime of narcotics trafficking and this informant does not receive legal protection
Co-Authors Adam, Sherly Andries, Desebrina Lupitha Eugara, Lukas Putra Hehanussa, Deassy Jacomina Anthoneta Intan Puspitasari Iwan, Bintang R Jahawadan, Stephanie Mollucas Lainata, Claudio Varly 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