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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal Bacarita Law Journal PATTIMURA Law Study Review SASI
Toule, Elsa Rina Maya
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
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

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

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

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.
Pola Pembinaan Narapidana Anak Oleh Lembaga Pembinaan Khusus Anak Roroa, Lela Sari; Toule, Elsa Rina Maya; Latumaerissa, Denny
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.v3i1.19836

Abstract

The government delegates the task of developing children to an organization called the Special Children's Correctional Institution (hereinafter referred to as LPKA). LPKA is a place to educate and guide children who are detained or have committed violations of the law. Forms of guidance for child prisoners at LPKA Class II Ambon include: personality development, skills development, and formal and non-formal education. So, through the coaching carried out, it is hoped that when the child returns to society, the child will have self-confidence and will always have the energy to act positively. However, based on the reality in LPKA Class II Ambon, through the existing forms of coaching, there is still no influence on the results of coaching the target children, because when the children return to society, the children do not have self-confidence and no energy to act positively. The legal research method used is normative legal research or library legal research, this is legal research that examines document studies, namely using various primary legal materials such as statutory regulations, court decisions, legal theories, and can be in the form of expert opinions. From the results of research conducted by researchers using conceptual and statutory approaches, the results concluded are that in the problem of coaching patterns at the Ambon Class II Special Child Development Institute (LPKA) it can be said that there is significantly no influence when children return to living their lives in social environment of society. The factors that hamper the implementation of training for child prisoners at LPKA are: LPKA facilities do not fully support the pattern of training for children of prisoners, such as limited skills space, lack of skills tools, lack of tables and chairs.
Co-Authors Adam, Sherly Amrin, Andi Astuti Nur Fadillah Hasanudin, Dahlia Hattu, Jacob Ingratubun, Yerusalina Latumaerissa, Denny Latupeirissa, Julianus Edwin Leinussa, Joses Sandhy Loppies, Pricilia Uty Vianty Marjan, Muh Efendi Nirahua, Salmon Eliazer Marthen Noija, Jofransly Imanuel Pattipawae, Dezonda Rosiana Patty, Jetty Martje Roroa, Lela Sari Saimima, Judy Marria Salamena, Fredza Glen Salamor, Anna Maria Samai, Butria Serlaloy, Alfred Gilbert Supusepa, Melky Iron Supusepa, Reimon Tahya, Rizky Imanuel Tirande, Darwis Toffy, Giovani Babtista Montini Ubwarin, Erwin Wadjo, Hadibah Zachra Wuarlela, Fransina