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Perlindungan Hukum Terhadap Anak Sebagai Korban Leasa, Elias Zadrach; Latupeirissa, Julianus Edwin; Tuhumury, Carolina; Nussy, Jennifer Ingelyne; Supusepa, Reimon
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1866

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

Penerapan Ajaran Pembelaan Terpaksa Dalam Perkara Putusan Nomor 372/ Pid.B / 2020 /PN Pdg Somarwane, Femmy Almendo; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1962

Introduction: The forced defense is a reason for eliminating the nature of breaking the law (wederrechtelijkheid or onrechtmatigheid), so the reason for eliminating the nature of a criminal act (strafuitsluitings-grond) is also said to be the reason for justifying or justifying actions that are generally criminal acts (rechtvaardigings-grond) called fait justi ficatief.Purposes of the Research: The purpose of this study is to analyze and explain the qualifications of forced defense in a criminal case, examine and explain the basic legal considerations in Decision Number 372/Pid.B/2020/PNPdg. The type of research used is normative juridical with qualitative analysis methods. The problem approach used is the conceptual approach, statutory approach and case approach. Sources of legal materials consist of primary, secondary and tertiary legal materials.Results of the Research: The results of the study show that in principle the Criminal Code indirectly provides an overview of forced defense that what is meant by forced defense is a defense of rights against injustice where a person is forced to commit a crime, can be forgiven because there was a violation of law that preceded the act. In making his decision, the judge has considerations consisting of juridical considerations and sociological considerations. Juridical considerations are judges' considerations that are based on juridical facts revealed in court and in the law that have been stipulated as matters that must be included in the decision. Sociological considerations are a judge's considerations that use approaches to background, socio-economic conditions and values that exist in society in making a decision.

Penegakan Hukum Terhadap Praktik Pungutan Liar (Pungli) Dalam Penerbitan Kendaraan Bermotor Litiloly, Haidin Ali Hamzah; Supusepa, Reimon
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 1 (2024): Volume 4, Nomor 1, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i1.2175

Introduction: Illegal levies (extortion) is an illegal practice in which officers collect money or other rewards illegally or violate the rules for an interest. This shows that extortion is a detrimental crime and must be eradicated to maintain justice and public trust. The aim of this research is to analyze and discuss law enforcement against police or traffic officers who practice illegal levies and analyze and discuss the obstacles to the practice of illegal levies.PurposesoftheResearch: The aim of this research is to analyze and discuss law enforcement against police or traffic officers who practice illegal levies and to analyze and discuss the obstacles to the practice of illegal levies.Methods of the Research: Research method with normative juridical research type. The problem approach used is a statutory approach, a conceptual analysis approach. Legal materials consist of primary, secondary and tertiary. Techniques for collecting legal materials through library research and qualitative analysis of legal materials.Results of the Research: The results of the research show that law enforcement against individual traffic police officers who practice illegal levies is still difficult to realize, this is because there are many obstacles encountered in the law enforcement process. Starting from the difficulty of proving the practice of illegal levies, the existence of witnesses and statements from victims of extortion, there is no law that regulates it explicitly. The results of further research are the obstacles in the practice of illegal levies, namely: The absence of a law that specifically regulates illegal levies, lack of community participation in reporting illegal levies, proof in the field which is very difficult, inadequate facilities and infrastructure, and lack of support. there are criminal sanctions imposed on the perpetrator.

Analisis Yuridis Penegakan Hukum Terhadap Warga Negara Asing Sebagai Pelaku Tindak Pidana Keimigrasian Taekedangan, Fahrul Resa; Wattimena, Josina Augustina Yvonne; Supusepa, Reimon
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1892

Introduction: Immigration as stated in Chapter 1 Article 1 number (1) of Law Number 6 of 2011 concerning Immigration is a matter regarding the movement of people entering or leaving the territory of the Republic of Indonesia and the supervision of foreigners in the territory of the Republic of Indonesia. The arrival of foreign nationals can actually have a positive impact, as in this era of globalization it can help develop tourism levels and develop economic investment in various regions. However, many people do not know that crimes often occur when foreign nationals come to Indonesia, for this reason the problem studied in this paper is how to overcome immigration crimes committed by foreign nationals.Results of the Research: Efforts to overcome immigration crimes committed by foreign citizens by means of prevention and deterrence. Prevention is a temporary prohibition on certain people leaving the territory of Indonesia for certain reasons. Meanwhile, deterrence is a temporary prohibition on certain people from entering Indonesian territory based on certain reasons. The implementation of prevention and deterrence is the authority of the Ministry of Law and Human Rights issued through the Directorate General of Immigration. There is a need for the government and law enforcement officials to play a role in preventing and dealing with immigration crimes committed by foreign citizens.

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: 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.

Pertanggungjawaban Pidana Bagi Anggota TNI Yang Menjual Amunisi Ke KKB Papua Terhadap Disparitas Putusan Pengadilan Yang Berbeda Wijoyo, R Ach Agus Purno; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2169

Introduction: The misuse of ammunition by Indonesian National Army personnel by selling to Separatist Armed Criminal Groups in Papua is an important concern for Indonesian National Army leaders and emphasis from the upper command if there are Indonesian National Army personnel who misuse firearms and ammunition to be processed in accordance with applicable law.Purposes of the Research: Analyse and formulate the criminal liability for Indonesian National Army members who sold ammunition to Papuan KKB separatists against the disparity of different court decisions.Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials through literature studies and then analysed through perspectives using qualitative methods.Results of the Research: Criminal liability for a defendant, especially in the case of misuse by selling ammunition to the Separatist Armed Criminal Groups in Papua against different verdicts (disparity of verdicts) must be seen from a legal point of view and standards applicable in the military, in the context of the Indonesian National Army selling ammunition to the Separatist Armed Criminal Groups or to Separatist Armed Criminal Groups sympathisers must get a fair legal process and the decision is based on the evidence presented in accordance with the legal facts. Although the legal process in court must run fairly and objectively, it is possible that court decisions can be different in the same case and the same article.

Perlindungan Hukum Terhadap Anak Yang Menjadi Korban Tindak Pidana Pencabulan Polnaya, Marselio F. H.; Supusepa, Reimon; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2466

Introduction: The criminal act of molestation of children is a crime that violates morality, immorality and religion.Purposes of the Research: analyze the form of legal protection for children who are victims of criminal acts of obscenity, and to be able to find out the efforts to deal with children who are victims of criminal acts of obscenity.Methods of the Research: victims of sexual abuse. The type of research used is "Normative Juridical" research, and is descriptive analysis in nature, the research approach uses a statutory approach, a case approach, and a conceptual approach. The technique of collecting legal materials through library research, then analyzing the legal materials used is qualitativeResults of the Research: The implementation of child protection in the form of state responsibility is that the responsibility of the state for the promotion of children's rights is not just a legal responsibility, but a constitutional responsibility and human rights that have been recognized internationally. So it is every member of the community who seeks to protect children according to their abilities with various kinds of efforts in certain situations and conditions. Every citizen is also responsible for implementing child protection for the sake of child welfare, because child protection has a positive influence on parents, family, society, government and the state. Coordination of collaborative child protection activities needs to be carried out in order to prevent an imbalance in overall child protection activities. Efforts to deal with criminal acts of sexual abuse of minors can be carried out in two ways, namely prevention and management if criminal acts of sexual abuse of children have already occurred

THE APPLICATION OF DIVERSION IN THE INVESTIGATION OF CRIMINAL OFFENCES IN THE FIELD OF TRAFFIC AGAINST CHILDREN Supusepa, Reimon; Leasa, Elias Zadrach
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Restorative justice is a diversion process in which all parties involved in a particular criminal offence together solve problems, create an event to make things better by involving child victims, children and the community in finding solutions to repair, reconciliation and reassurance that are not based on revenge. The purpose of this study is the application of diversion in the investigation of criminal offences in the field of traffic against children and the application of diversion by investigators has been effective to be able to handle children as perpetrators of criminal offences in the field of traffic. The research method used is normative juridical research method. The Police in order to provide protection to Children Against the Law through the discretionary authority granted by the law have made various best efforts in handling child criminal cases as a whole and this can be seen from the various child criminal cases that can be resolved through the concept of restorative justice or through diversion and various rules / guidelines made to support the implementation of handling child crimes.

The Success of Diversion For Children Who In Conflict With The Law On Investigation Level Supusepa, Reimon; Sopacua, Margie Gladies
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1584

Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime

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

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.

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