Toule, Elsa Rina Maya
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Journal : PATTIMURA Legal Journal

Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa Tirande, Darwis; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.768 KB) | DOI: 10.47268/pela.v1i2.6435

Abstract

Introduction: Criminology makes a very large contribution to criminal law, by revealing the factors that cause corruption Purposes of the Research: This research also aims to, first; Analyze and explain the factors that cause corruption in village funds in Maluku, secondly; Analyze and explain efforts to overcome corruption in village funds in Maluku. Methods of the Research: The type of research used is normative law research using a statutory approach (Statute Apporach), conceptual approach (Conceptual Apporach) and case approach (Case Apporach). While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results Originality of the Research: Based on the results of the study, the factors causing the occurrence of corruption in village fund funds were caused by various factors including regulatory factors that gave broad authority to village heads in managing village funds, as well as village heads who did not know how to manage village funds properly so that ignorance led to what they are doing without realizing that it is a criminal act of corruption and lack of community participation in controlling the management of village funds, therefore the effort that must be made is to carry out preventive efforts as a preventive measure by recognizing the modus operandi, training by the village head and improving personality to villages and improve the community environment so that they participate in supervising village funds, while repressive efforts are to prioritize law enforcement and provide guidance to village heads who have committed criminal acts of corruption
Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak Ingratubun, Yerusalina; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10676

Abstract

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process. Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law. Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis. Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.