Toule, Elsa Rina Maya
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Penyidikan Terhadap Pelaku Pencurian Benda Sitaan Pada Rumah Penyimpanan Benda Sitaan Hattu, Tino Y S; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.863

Abstract

Introduction: The crime of theft that has occurred in state-owned warehouses is an important component in the criminal justice system, this is in accordance with the provisions of Article 44 of the Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal Procedure Code. . The theft that occurred at the Class I Rupbasan Ambon on April 22, 2020 is a form of criminal act. The criminal act of theft involved 3 (three) people as perpetrators, namely FD, NS, CN.Purposes of the Research: This writing aims to find out and discuss the process of investigating the theft of confiscated objects in Rupbasan. Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach and a case approach. The procedure for collecting legal materials uses library research, as well as processing and analyzing legal materials in this study using editing, systematization and description processing as well as qualitative analysis.Results of the Research: The results of this study explain that the process of investigating the crime of theft is the same as the process usually carried out by investigators for every criminal act. For the crime of theft at the Rupbasan, the investigation is carried out based on the provisions of Article 10 paragraph (1) of the National Police Chief Number 6 of 2019 concerning Criminal Investigation which is the basis for investigation activities, including (a) investigations; (b) commencement of the investigation; (c) coercive measures; (d) inspection; (e) determination of the suspect; (f) submission; (g) submission of case files; (h) surrender of the suspect and evidence. Functional coordination between investigators and Rupbasan against criminals, namely FD, NS and CN can be divided into 4 (four) sections, each of which includes: (a) Functional coordination in information on criminal acts of theft in Rupbasan; (b) Functional coordination in monitoring d; (c) Functional coordination in the case of criminal acts of theft at the Rupbasan; and (d) Functional coordination in securing evidence of theft from perpetrators.
Perempuan Sebagai Pelaku Kekerasan dalam Rumah Tangga Soselisa, Fabio Alexsandro; Toule, Elsa Rina Maya; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i12.880

Abstract

Introduction: Domestic Violence is a crime that has been happening globally for a long time and usually the perpetrators are men, but women can become perpetrators of Domestic Violence because women are one of the spheres of the household.Purposes of the Research: To be able to find out how the accountability of women as perpetrators in criminal acts of domestic violence. Methods of the Research: The method used is a normative research method with a statute, conceptual, and case approach.Results of the Research: In responsibility for the crime, there are processes or stages that must be carried out by perpetrators of domestic violence, starting from the police, the prosecutor's office, and in court. in handling criminal cases, for female perpetrators, the Supreme Court issues Perma No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law, which in this Perma focuses on women as victims, women as witnesses and, women as perpetrators of criminal acts, and in sentencing the sentence usually depends on the judge's decision in accordance with legal facts and laws, or regulations.
Upaya Penanggulangan Terhadap Warga Binaan Perempuan Yang Melakukan Kekerasan Lewaherilla, Gloria Altika Adriani; Toule, Elsa Rina Maya; Sopacua, Margie Gladies
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.v2i4.1101

Abstract

Introduction: Women's Correctional Institutions are still physically violent among inmates.Purposes of the Research: Analyze and discuss countermeasures carried out for female inmates who commit violence against fellow female inmates.Methods of the Research: This research uses empirical juridical research type with analytical descriptive research type. The technique of collecting legal materials is by conducting library research on legal materials, namely Primary Legal Materials and Secondary Legal Materials. Legal materials analysis techniques are obtained from qualitative classification.Results of the Research: The results of this study indicate that there are female inmates who are serving their criminal period, but also commit violence between inmates. The various factors that cause violence by inmates at the Class III Ambon Women's Correctional Institution are personal problems that become a burden on the inmates' minds, so that always overshadowed by feelings of irritation, boredom, and an emotional nature, which causes emotional instability among the inmates, and the absence of intimacy and harmonious relations between the inmates. As well as efforts to handle cases of violence carried out by inmates at the Class III Ambon Women's Correctional Institution in the form of pre-emptive efforts such as independent and spiritual development, preventive efforts in the form of supervision which is divided into three shifts, repressive efforts of inmates are put in solitary confinement for 6 (six) days and delaying or eliminating certain rights in accordance with a predetermined time.
Application of Restorative Justice in the Settlement of Minor Offences: Penerapan Restoratif Justice Dalam Penyelesaian Perkara Tindak Pidana Penganiayaan Ringan Putra, Arie Satria; Toule, Elsa Rina Maya; Titahelu, Juanrico Alfaromona Sumarezs
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.2231

Abstract

Introduction: Restorative Justice or often translated as restorative justice, emphasizes the direct participation of perpetrators, victims and the community in the process of resolving criminal cases. Purposes of the Research: It aims to examine the essence of Restorative Justice in the settlement of criminal cases in Indonesia and the application of restorative justice in the settlement of minor persecution criminal cases by Aru Islands Police Investigators. Methods of the Research: Empirical juridical research, the procedure for collecting legal materials is carried out by conducting interviews and observations on legal materials, namely primary and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptive-qualitatively. Results Main Findings of the Research: The principle of Restorative Justice in ordinary persecution cases has been regulated in the internal regulations of the National Police, namely in the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice which in its implementation, especially in cases of criminal acts of persecution, has been carried out well procedurally. Basically, criminal cases can be stopped at the investigation and/or investigation stage based on restorative justice only for criminal acts that are not serious crimes.