Garuda - Garba Rujukan Digital

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

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.

Pemenuhan Hak Anak Pidana Pada Lembaga Pembinaan Khusus Anak Loppies, Pricilia Uty Vianty; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1405

Introduction: Protection of children is provided not only by parents but also institutions related to physical and mental development both physically and spiritually. A child who is entered into a Juvenile Correctional Institution is referred to as a criminal child or foster child to get punishment for the actions he has committed, the punishment given is in the form of coaching according to the mandate of the laws and regulations, so that after the criminal or foster child leaves the institution they will no longer commit acts that breaking the law.Purposes of the Research: This study aims to analyze and discuss the fulfillment of the nature of the rights of criminal children and to analyze and discuss the implementation of the rights of criminal children in Ambon Class II Special Development Institutions.Methods of the Research: The type of research used is empirical research. The approach used is legislation, field approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through interviews and literature studies. Legal material is qualitativeResults of the Research: The implementation of the rights of criminal children at the Ambon Class II Special Child Development Institution has rights that have been fulfilled and there are rights that have not been fulfilled. The staff of the Ambon Class II Special Child Development Institution are still working on children's rights that have not been fulfilled at the Ambon Class II Special Child Development Institution. The rights of criminal children that have been fulfilled at the Class II Ambon Development Institution, namely: 1) There are facilities for spiritual activities in accordance with religion and beliefs; 2). Correctional students get study rooms, package A, B, C exams, modules and also supporting facilities in the form of computers; 3). criminal children get a reduced sentence through remission, but these provisions must be in accordance with statutory regulations; 4). students get enough food intake; 5). students get visits from family, legal advisers or the community.

Pelaksanaan Rehabilitasi Terhadap Pecandu Narkoba di Kota Ambon Amrin, Andi; Toule, Elsa Rina Maya; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1009

Introduction: The implementation of rehabilitation for drug addicts in the city of Ambon is not yet in accordance with what is mandated by law.Purposes of the Research: This study also aims to analyze and discuss the implementation of rehabilitation for narcotics addicts in the city of Ambon in accordance with Law No. 35 of 2009 and to analyze and discuss the obstacles faced in the implementation of rehabilitation for narcotics addicts in Ambon City.Methods of the Research: The type of research used is normative juridical research using a statute approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: Although the implementation of rehabilitation is a recommendation by the Assessment Team to victims of drug abuse and drug addicts to carry out medical rehabilitation and social rehabilitation, all stages such as the stage of medical rehabilitation (Detoxification), the non-medical rehabilitation stage and the further development stage have not been carried out properly. Apart from that, the process of implementing rehabilitation for drug addicts is only carried out through outpatient treatment while inpatient treatment is never carried out so that the guarantee for narcotics addicts to receive medical rehabilitation and social rehabilitation in accordance with the mandate and objectives of drugs in the Law cannot be fulfilled properly. Obstacles in implementing rehabilitation for drug addicts in the city of Ambon include: The law or the law itself does not clearly regulate the availability of facilities (rehabilitation centers or places) and infrastructure (financial) to support the implementation of rehabilitation and there is still a lack of medical personnel and staff. - specialist staff to support the implementation of social rehabilitation and medical rehabilitation

Modus Operandi Tindak Pidana Perdagangan Orang Yang Berkedok Asisten Rumah Tangga Salamena, Fredza Glen; Toule, Elsa Rina Maya; Ubwarin, Erwin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 9 (2023): Volume 3 Nomor 9, November 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i9.1952

Introduction: Trafficking in persons is a form of ill-treatment of human beings that violates the dignity and worth. The crime of trafficking in persons is inseparable from the various methods used by the perpetrators, these methods are usually called the modus operandi. The mode that is run is usually carried out individually or in groups. The strategies used by trafficking syndicates in carrying out their modus operandi are very organized, so they can easily persuade and recruit victims. This not only deprives the victim of human rights but also makes the victim vulnerable to abuse, forced labor, psychological trauma and death. Purposes of the Research: This writing aims to determine the modus operandi and efforts to handle the criminal act of trafficking in persons under the guise of a household assistant.Methods of the Research: The research method used in this paper is Juridical Empirical. Research location The place where the research material was taken is the Ambon District Court. Population, Sample, and Respondents. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal materials collection techniques, then processing techniques use the editing, data classification, and data analysis stages.Results of the Research: The results of this study indicate that the success of trafficking in persons is due to the modus operandi carried out by the perpetrators so organized that trafficking in persons is successfully carried out. Thus the need for efforts to handle the crime of trafficking in persons. Penal and non-penal handling efforts are carried out: penal efforts are carried out based on legal regulations that are centered on the applicable laws and regulations. Meanwhile, non-penal efforts are the prevention process before the occurrence of the criminal act of trafficking in persons, including social education, socialization to the community, and patrol activities as a form of supervision.

Eksaminasi Khusus Kejaksaan Agung Dalam Perkara Tindak Pidana Tahya, Rizky Imanuel; Toule, Elsa Rina Maya; Pattipawae, Dezonda Rosiana
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): 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/tatohi.v4i1.2120

Introduction: Special Examination is the process of conducting research and looking for certain case files that attract the attention of the media or other cases which, in the opinion of the leadership, need to be examined both for active cases and cases that have been handled by prosecutors or public prosecutors and which have obtained permanent legal force.Purposes of the Research: The purpose of this study is to find out and analyze the authority of the Attorney General's Office in taking over the prosecution of criminal cases from the Public Prosecutor's Office and to find out and analyze the application of special examinations conducted by the Attorney General's Office in accordance with the provisions of the Laws and Regulations. The type of research used is normative legal research with an analytical descriptive type which examines the findings from the literature review which are then analyzed into several chapters with a systematic flow.Results of the Research: The results of the research are that the Attorney General, who is the main public prosecutor in handling criminal cases, has the authority to delegate some of his rights to the public prosecutor in handling criminal cases in accordance with a mechanism that is in accordance with positive law.

Perlindungan Hukum Terhadap Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Hasanudin, Dahlia; Toule, Elsa Rina Maya; 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.v2i1.13821

ABSTRACT: Indonesia is a rule of law country where there is always recognition and protection of human rights. Legal protection by the state is one of the absolute elements that can create peace, peace and order regarding human rights as contained in the 1945 Constitution of the Republic of Indonesia. The government has an obligation to fulfill the rights of every citizen without any discrimination in various aspects. However, in reality, in everyday life there are still frequent violations related to human rights experienced by people with mental disorders (ODGJ). People with mental disorders often receive negative stigma from society. The stigma obtained is in the form of discrimination and even violence. One of the acts of violence experienced by ODGJ is acts of abuse. The research method used in this research is the Normative Law research method. The problem approaches used are the statutory approach, conceptual approach and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials uses library research, as well as analyzing legal materials using qualitative analysis methods by interpreting the legal materials that have been processed. Based on the research results, it can be concluded that legal protection for ODGJ has been regulated in various laws and regulations, including: the 1945 Constitution of the Republic of Indonesia, Law no. 36 of 2009 concerning Health, Law no. 18 of 2014 concerning Mental Health, Law no. 8 of 2016 concerning Persons with Disabilities. and the Criminal Code, which was created to guarantee that ODGJ receive health protection and protection from various acts of violence. Criminal liability for perpetrators of abuse of ODGJ can be sentenced to criminal penalties if they are proven to fulfill the elements of a criminal act of abuse, namely: an unlawful act. The act causes suffering or injury, the act is done intentionally. In case Number: 44/Pid.B/2022/PN Msh. The panel of judges sentenced the defendant Mahmud Refra to prison for 4 (four) years and 6 (six) months. Because he has been legally and convincingly proven guilty of committing the crime of torture which resulted in death in accordance with the subsidiary indictment and acquitted the defendant from the primary indictment of the public prosecutor. By paying attention to the facts revealed at trial.

Tindak Pidana Pemerkosaan Terhadap Anak Di Bawah Umur Di Kota Ambon Wuarlela, Fransina; Toule, Elsa Rina Maya; 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.v2i1.13873

ABSTRACT: Children need to receive more serious attention from the Indonesian government. This happens because there is still a tendency that child victims are still neglected by the government and component institutions of the criminal justice system. Every person has the right to be treated fairly and have their rights protected as stated in article 28 of the 1945 Constitution of the Republic of Indonesia. The problems raised in this writing are: how is criminal responsibility for the crime of rape against minors, and how to protection from violence against children in Ambon City. The research method used is Normative Law research or library research. This means that legal research examines document studies, which are in the form of various primary laws such as statutory regulations, court decisions, legal theories and can be in the form of scholarly opinions. The results of the research can be concluded that criminal responsibility for rape cases is regulated in Article 285 of the Criminal Code with imprisonment and a maximum penalty of life imprisonment. Efforts to protect against violence against children are carried out in a penal and non-penal manner. Penalty is a repressive countermeasure carried out after a crime occurs by enforcing the law and imposing punishment. Actions taken to overcome this are through coaching and rehabilitation measures. Non-penal is a preventive response effort with actions in the form of prevention before a crime occurs. This action is carried out through socialization, familiarization with the law, and improvement of businesses.

Kebijakan Krimimnal Perbuatan Ujaran Kebencian (Hate Speech) Melalui Media Sosial Menurut Hukum Pidana Noija, Jofransly Imanuel; Toule, Elsa Rina Maya; Latumaerissa, Denny
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.v2i1.13874

ABSTRACT: Hate speech is a prohibition stipulated in Article 28 Paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions which prohibits everyone from spreading hate speech. This act is an unlawful act because it violates human rights, such actions can be carried out not only directly but also on social networks which make people freely criticize and express hatred. Therefore, this paper aims to review and analyze the acts and forms of hate speech through social media. The research method used in this writing is Normative Juridical, the problem approach used is a statutory approach, case approach, and conceptual approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this writing is carried out by the literature study method, the processing of legal materials in this writing is carried out by systematizing legal materials by carrying out the selection of legal materials and the analysis used in this writing uses a qualitative analysis method. Based on the results of the research, it is explained that the criminalization of hate speech through social media is an act that violates the law and can be subject to criminal sanctions, the provisions regarding hate speech in Indonesia that exist at this time as stated in Articles 156, 157, 310, 311 of the Criminal Code, Article 28 jis Article 45 paragraph (2) of the ITE Law, and Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, have clearly regulated the prohibited acts and criminal threats. Hate speech crimes take several forms such as insults, defamation, blasphemy, unpleasant actions, provoking, inciting, and spreading false news on social media that cause actions that violate the rule of law.

Pertanggungjawaban Pidana dan Penanggulangan Tindak Pidana Pencabulan terhadap anak Samai, Butria; Toule, Elsa Rina Maya; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 9 (2024): Volume 4 Nomor 9, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i9.2495

Introduction: This study discusses the legal regulation of the crime of molestation of children and the criminal liability of the perpetrators of the crime of molestation against children in the case.Purposes of the Research: To analyze and discuss legal regulations regarding criminal acts of molestation against children and explain criminal responsibility for perpetrators of criminal acts of molestation against children in Halong Baru, Baguala District, Ambon City.Methods of the Research: The research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this research show that, criminal responsibility for perpetrators of criminal acts of sexual abuse against children is a further consequence that must be accepted or borne by the defendant. During the trial process, the defendant was in good physical and mental health and no reason was found to erase the crime, in this case either a justifying reason or a forgiving reason, so that the defendant was able to take responsibility for the actions he committed. The efforts made to overcome acts of sexual abuse against children are carried out with preventive and repressive efforts by law enforcement and other institutions.

Application of Customary Criminal Penalty On Cases Involving Women Wadjo, Hadibah Zachra; Toule, Elsa Rina Maya; Fadillah, Astuti Nur
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1325

Introduction: Violence against women is still taking place. Nowadays, issues involving women are increasingly becoming one of the crucial issues in society, not only at the national level, but also at the global level.Purposes of the Research: The purpose of this study is to find out about the application of customary criminal penalties to cases involving women.Methods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in society.Results of the Research: The application of penalties for violators in Negeri Amahai, Negeri Haruru, Negeri Nua Nea, Negeri Rutah, and Negeri Souhoku, Negeri Tamilouw highly respects traditional values, which always protect their regions. The customs of their ancestors, until now still exist in people's lives. In fact, until now, the existence of indigenous peoples in several countries in Central Maluku is still maintained, and customary law is maintained by the people of Central Maluku because customary law is pure and can reduce conflicts and erase the stains contained in society.

Title

Found 17 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 17 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 17 Documents
Search