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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal PATTIMURA Law Study Review SASI Matakao Corruption Law Review
Supusepa, Reimon
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Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Penerapan Sanksi Terhadap Pelaku Residivis Penyalahgunaan Narkotika Di Lembaga Pemasyarakatan Madaul, Riska; Supusepa, Reimon; Patty, Jetty Martje
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.v2i1.13871

Abstract

ABSTRACT: Narcotics abuse is a crime and violation that threatens the safety, both physical and mental, of the user and also of the surrounding community socially. This narcotics abuse is not only carried out by narcotics abusers, but also by residents with prisoner status who are languishing in correctional institutions, thereby making prisoners entangled in the same cases. However, the deterrent effect of sanctions for this punishment is not considered to have a deterrent effect. In one of the narcotics cases committed by a drug recidivist, previously in 2018, the defendant with the initials MP was sentenced to 6 years in prison and languished behind iron bars. However, in 2021, precisely on January 17 2021, the defendant MP committed his crime again in a correctional institution. The aim of this research is to find out and analyze the application of sanctions against recidivist perpetrators of narcotics abuse in the Ambon Class IIA Correctional Institution and how efforts are made to control the circulation of narcotics in the Ambon Class IIA Correctional Institution. The research method used is empirical juridical research. The data sources used are primary data and secondary data. The technique for collecting legal materials is through interviews and then analyzed through descriptions using qualitative methods. The results of this research conclude that the application of sanctions to recidivists of criminal acts of narcotics abuse who distribute narcotics within prisons is by applying severe penalties to inmates as stated in Article 10 paragraph (3) of the Minister of Law and Human Rights Regulation Number 6 of 2013 regarding the Rules of Prisons and Detention Centers, which include being put in solitary confinement for 6 (six) days and can be extended for 2 (two) times 6 (six) days and not getting remission, leave to visit family, conditional leave, assimilation, leave before release, and parole within the current year and must be recorded in the guidance card, efforts to overcome the recidivism of criminal acts of narcotics abuse can be carried out through preventive and repressive efforts.
Penegakan Hukum Terhadap Pelaku Balap Motor Liar Pada Bulan Ramadhan Fharansyah, Muhammad Syukran; Supusepa, Reimon; Sopacua, Margie Gladies
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.v3i1.19727

Abstract

Illegal motorcycle racing is an unlawful act based on Articles 503, 510 and 511 of the Criminal Code as well as Articles 115 and 297 of Law Number 22 of 2009 concerning Road Traffic and Transportation. However, in its implementation, illegal motorcycle racing still occurs among the community, especially on Jalan A.Y. Patty, Ambon City during the month of Ramadan. The purpose of this research is to find out and discuss law enforcement efforts against illegal motorcycle racing perpetrators on Jalan A Y Patty and legal protection that can be provided to victims of other road users affected by illegal motorcycle racing in the month of Ramadan. The research method used in this writing is a normative legal research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised. The result of this study is that law enforcement efforts carried out by the Ambon Island Police and Lease Islands against illegal motorcycle racing in the month of Ramadan on Jalan A.Y. Patty, Ambon City are carried out in a preventive and repressive manner. Preventively, it is carried out by prevention in the form of socialization or lectures and appeals for the community, sweeping or raiding motor vehicles, and patrols targeted at the locations of motorcycle gang associations. Meanwhile, repressively, it is carried out in the form of imposing legal sanctions, namely ticket sanctions. And the form of legal protection for victims of traffic accidents affected by illegal motorcycle racing in the month of Ramadan is the provision of compensation by the perpetrator paying for vehicle damage experienced by victims of illegal motorcycle racing.
Legalitas Pelaporan Kepada Anggota DPRD Dalam Menyampaikan Pendapat Tomagola, Jihan; Supusepa, Reimon; Pattinasarany, Yohanes
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.v3i1.19735

Abstract

The statement made by the Chairman of Commission IV of the Maluku Regional People's Representative Council (DPRD), Samson Atapary, regarding the findings of the 2022 Maluku Provincial Scout Movement Regional Scout Movement (Kwarda) grant funds amounting to Rp. 2.5 billion fictitious amounts, and allegedly the PDI Perjuangan politician said that the management of the grant funds was managed by the Chairman of the Maluku Kwarda, Widya Pratiwi Murad and treasurer Ritha Hayat, resulted in the representative of the West Seram constituency being reported to the Maluku Police, Saturday (22/07/2023) this afternoon. The reporters who visited the Maluku Police office in Tantui came en masse. They consisted of elements of youth leaders, DPD KNPI Maluku, community leaders, traditional leaders and Upulatu from the Leihitu Peninsula, whose purpose was to report Samson Atapary for his statement which according to them had defamed Widya Pratiwi Murad Ismail. This research uses normative research methods conducted with a legislative approach, conceptual approach, and case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The techniques for collecting legal materials and analyzing legal materials in the research include reading and reviewing various types of literature relevant to the research issues and directly related to the problems being studied. The DPRD in carrying out its duties and authorities as mentioned, the DPRD has the rights as regulated in Law Number 17 of 2014.Regarding the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, and the Regional House of Representatives, have the following rights: (a). The right to interpellation (b) The right to inquiry (c) The right to express opinions.
Eksistensi Advokat Bagi Korban Dalam Peradilan Militer Rengrengulu, David Masaluri; Titahelu, Juanrico Alfaromona Sumarezs; Supusepa, Reimon
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.v3i1.19737

Abstract

The existence of victim advocates in military justice has an important role to ensure the protection of the rights of victims involved in military cases. Military justice generally focuses more on handling violations of military discipline and criminal offenses committed by members of the military, which often pays less attention to the rights of victims. Therefore, the presence of advocates for victims is needed to provide legal assistance and ensure victims' rights are fulfilled, such as the right to information, protection, and a fair trial. This study aims to analyze the role of advocates in assisting victims in military courts, identify obstacles faced, and provide recommendations to improve victims' access to justice in the military justice system. Using a qualitative method through case studies and analysis of relevant legislation, this research found that the presence of advocates for victims not only supports the principles of justice and legal protection, but also encourages reforms in the military justice process to be more pro-victim. The results of this research are expected to be the basis for strengthening regulations related to the role of advocates in military justice, in order to realize a justice system that is inclusive and responsive to victims' rights.
Penyelesaian Perkara Dengan Pendekatan Restorative Justice Dalam Pelaksanaan Tugas Di Direktorat Pamobvit Polda Maluku Di Wilayah Objek Vital Manawan, Jzeron Luy; Supusepa, Reimon; Latupeirissa, Julianus Edwin
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.v3i1.19739

Abstract

In the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, which prioritizes justice for victims to make peace with the perpetrators in carrying out their functions and duties as personnel of the Pamobvit Directorate of the Maluku Regional Police, which often encounters obstacles or conventional crimes in the Vital Object area or the work area of ​​the Pamobvit Directorate of the Maluku Regional Police. This paper aims to analyze and discuss the restorative justice approach for minor crimes in handling vital objects carried out by the Directorate of Pamobvit Polda Maluku, analyze and discuss the obstacles in implementing restorative justice in carrying out the duties of the Directorate of Pamobvit Polda Maluku for handling regional vital objects, and as one of the requirements for completing studies at the Faculty of Law, Pattimura University. Normative research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal material collection techniques and then legal material processing and analysis techniques through qualitative analysis, namely the data obtained is then systematically arranged to be analyzed qualitatively based on civil law disciplines to achieve clarity of the problems to be discussed. The results of the study indicate that the Restorative Justice approach for minor criminal acts in handling vital objects carried out by the Directorate of Pamobvit Polda Maluku and what obstacles are there in implementing Restorative Justice in carrying out the duties of the Directorate of Pamobvit Polda Maluku for handling regional vital objects, the scope of minor crimes, duties and authorities, settlement mechanisms, forms of settlement of minor crimes, obstacles faced by Pamobvit and concrete solutions for handling minor crimes by Pamobvit.
Kebijakan Hukum Pidana Terhadap Penjualan Obat Aborsi Secara Ilegal Antonio, Rizal Nando; Supusepa, Reimon; Fadillah, Astuti Nur
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.20380

Abstract

Indonesia, as a constitutional state, guarantees every citizen the right to health based on the principles of non‑discrimination, sustainability, and established service standards. However, the practice of illegal abortion conducted by unauthorized parties, facilitated by the distribution of restricted medications, remains a serious issue that violates legal provisions and threatens patient safety. A concrete example occurred in the city of Ternate on February 23, 2023, when Indah and Mayang performed an abortion using the drug Gastrul without medical expertise, resulting in a miscarriage. Both were charged and faced a potential prison sentence of up to ten years and a maximum fine of one billion Rupiah. This case highlights the urgent need for strict monitoring of medication distribution and consistent enforcement of the law. This research aims to review and analyze the legal policies related to the illegal sale of abortion medications, including the formulation of future criminal policies to address this practice. The method employed is normative legal research utilizing statutory, conceptual, case‑based, analytical, and historical approaches. The results of this study demonstrate that a firm criminal policy on the sale of illegal abortion medications is a vital measure by the state to prevent offenses that endanger life and violate fundamental human rights. Strict enforcement of the law, enhanced penalties, more comprehensive monitoring of drug distribution, and tighter controls over digital advertising are required. Moreover, strong support from society is essential to foster legal awareness and create an environment that safeguards future generations from the serious risks and dangers posed by illegal abortion practices. In this way, the state can effectively fulfill its constitutional obligation to protect the rights, health, and dignity of every citizen.
Co-Authors Antonio, Rizal Nando Fadillah, Astuti Nur Fharansyah, Muhammad Syukran Hehalatu, Nurhalisa Hehanussa, Deassy Jacomina Anthoneta Latupeirissa, Julianus Edwin Leasa, Elias Zadrach Litiloly, Haidin Ali Hamzah Madaul, Riska Manawan, Jzeron Luy Nussy, Jennifer Ingelyne Pattinasarany, Yohanes Patty, Jetty Martje Polnaya, Marselio F. H. Rengrengulu, David Masaluri Saliu, Abdul Rahman Somarwane, Femmy Almendo Sopacua, Margie Gladies Supusepa, Melky Iron Taekedangan, Fahrul Resa Titahelu, Juanrico Alfaromona Sumarezs Tomagola, Jihan Toule, Elsa Rina Maya Tuhumury, Carolina Wattimena, Josina Augustina Yvonne Wijoyo, R Ach Agus Purno