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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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Rule of Law and Rule of Ethic in Law Enforcement in Indonesia Toule, Elsa Rina Maya
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.752

Abstract

Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work together to realize legal ideals. Law enforcement officials need ethical considerations so that the law enforcement process can run well. Ethics acts as an important guide to ensuring proper and appropriate behavior in legal practice. Areas of coverage of ethical standards include sacred values, solidarity, theoretical, power, economics, and skills.Purposes of the Research: The purpose of this study is to provide a description of the importance of ethics in law enforcement in Indonesia. In addition to the substance of the law, law enforcement officers are a very influential factor. The law can be implemented properly if law enforcement officers have good ethical basic values.Methods of the Research: The research method used is normative juridical, which is research that examines documents, namely by using various primary, secondary and tertiary legal materials such as laws and regulations, court decisions, legal theory, and can be in the form of opinions of scholars. The approach in this research is the concept and law approach.Results of the Research: The results of the study indicate that the legal profession is a profession that is full of ethical values, because it deals with various humanitarian interests from society in general through actions and decisions taken. In reality, law enforcement officers actually make the law not upright to achieve its goals. Thus, legal knowledge alone is not enough, the ethics of law enforcement officers becomes a reference for upholding the law properly in society.
Pemberian Bantuan Hukum Terhadap Tersangka Tindak Pidana Pelecehan Seksual Di Polsek Aru Tengah Leinussa, Joses Sandhy; Toule, Elsa Rina Maya; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1602

Abstract

Introduction: Legal Aid in the criminal justice system plays a very important role in ensuring a fair and humane judicial process. Providing legal assistance in the form of legal advisory assistance for suspects in the investigation process is a means of supporting law enforcement in general.Purposes of the Research: The research used is a type of empirical juridical research, or what is called field research, namely studying the applicable legal provisions and what is happening in reality in society.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Resulth/Findings/ Novelthy of the research: The results of the study show that what the author can take from the suspect to obtain legal assistance at the investigation level as regulated in Article 56 paragraph (1) of the Criminal Procedure Code as a legal obligation has not been optimally realized by the Central Aru Police investigators, this can be seen in the examination process at the investigation level. , and obstacles in providing legal assistance to suspects in cases of criminal acts of sexual harassment at the Central Aru Police Sector, namely the absence of clear implementation mechanisms and rules governing the willingness of legal advisors to be appointed as legal counsel for suspects or defendants as regulated in Article 56 paragraph (1) KUHAP.
Akibat Hukum Penetapan Tersangka Terhadap Orang Mati Dalam Proses Penyidikan Serlaloy, Alfred Gilbert; Toule, Elsa Rina Maya; Salamor, Anna Maria
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3017

Abstract

Introduction: The research in this thesis is motivated by the determination of suspects regarding dead people. In Article 109 paragraph (2) of the Criminal Procedure Code, investigators must pay attention to the provisions regarding disclosure of investigations if the suspect dies. Legally, Article 77 of the Criminal Code states "the authority to demand abolition if the accused has died". the goal to be achieved is to analyze and explain whether a dead person can be designated as a suspect as well as analyze and explain the legal consequences of determining a dead person as a suspect.Purposes of the Research: The goal to be achieved is to analyze and explain whether a dead person can be designated as a suspect as well as analyze and explain the legal consequences of determining a dead person as a suspect.Methods of the Research: The research method used is normative juridical research or research to find legal rules with the approach used by the author in discussing this problem is the statutory approach.Results / Findings / Novelty of the Research: The result obtained in this writing is that the determination of a dead person as a suspect is invalid because it has violated the criminal procedural law. The legal consequences of naming 6 members of the FPI laskar and Hasya Atallah as suspects will have an impact on the good name of the suspect and also the victim's family, and efforts can be made to compensate the suspect, who can be represented by his family
The Utilization of Restorative Justice as a Means of Solving Crimes on the Outermost, Frontier and Remote Islands Toffy, Giovani Babtista Montini; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2219

Abstract

Introduction: The legal community needs a criminal justice system that is fast, easy, economical and not complicated for the community of Letti Island District, which is the most remote outermost island, the court that hears criminal and civil cases is located on the Tanimbar Islands, the use of restorative justice by the Serwaru Police and the application of culture "Snyoli – Lieta” As “Hidup Orang Basudara” on the island in Letti Island acts as a filter in resolving criminal cases.Purposes of the Research: Analyze and discuss the basis for using restorative justice as a means of resolving criminal acts in the Serwaru Police Legal Area, Letti Island District, Southwest Maluku Regency as the outermost, foremost, and remote island.Methods of the Research: This research was conducted using an empirical legal research type. The empirical legal research method is a study of how the law is carried out in the field as it should be in people's lives.Results Main Findings of the Research: The basis for the use of justice restorative as a means of resolving criminal acts in the Legal Area of the Serwaru Police, Letti Island District, Southwest Maluku Regency as the outermost, foremost, remote island is based on the "Snyoli Lyeta" culture whose resolution mechanism is the same as the mediation process adopted inrestorative justice which prioritizes the deliberation process between victims and perpetrators of criminal acts, so that almost all criminal acts handled by the Serwaru Police in implementing National Police Chief Regulation Number 8 of 2021 can be resolved using justice.
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.
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.
The Existence of an Integrated Law Enforcement Center in the Settlement of General Election Crimes at the General Election Supervisory Agency Supusepa, Melky Iron; Toule, Elsa Rina Maya; Supusepa, Reimon
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2220

Abstract

Introduction: The existence of Gakkumdu as an integrated law enforcement center has an important role in handling election crimes which aims to equlize understanding of the handling of election crime violations by Bawaslu, the Police and the Prosecutor’s office. The presence of Gakkumdu as a manifestation of judicial power which is given attribution authority by  Law Number 7 07 2017 cncerning Election is a bright spot for legal certainly regarding the handling of criminal election violations; however, Gakkumdu’s authority is not yet completely independent in handling election criminal violations because it it still tied to the respective agencies of origin so that sectoral subjectivity and ego can sometimes influence decision regarding handling election criminal violations.Purposes of the Research: Examining and explaining the existence of the Integrated Law Enforcement Center (Gakkumdu) in resolving election crimes in the Tanimbar Islands Regency and reviewing and explaining the factors that influence the resolution of election crimes in the Tanimbar Islands Regency by the Integrated Law Enforcement Center (Gakkumdu).Methods of the Research: The Research method used is empirical legal research. Research approaches are a case approach, a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. Techniques for collecting legal materials through documentation studies and field research and then analyzed through persepective using qualitative methods.Results Main Findings of the Research: The expected result I that when talking about alleged criminal election violations, that hope is in the hands of the Gakkumdu Center, the election supervisory institution only as an entry point, the analysis and subsequent decisions rest on the shoulders of the Gakkumdu center (Election supervisor, Police and Prosecutor’s Office) and on their shoulders. Hopefully there is still a glimmer of hope for the enforcement of election crimes in Indonesia.
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