Garuda - Garba Rujukan Digital

Kajian Kriminologis Terhadap Minuman Beralkohol (Sopi) Dengan Tindak Pidana Yang Terjadi Di Kabupaten Kepulauan Aru Luturmas, Resi; Adam, Sherly; Leasa, Elias Zadrach
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8403

The crimes that arise in the Aru Islands district due to the consumption of alcoholic drinks (sopi) have been increasing lately, so efforts must be made to resolve them so that no more crimes occur. This study aims to examine and discuss what crimes are caused by consuming alcoholic beverages (sopi) in the Aru Islands district. The type of research used in this research is empirical-juridical or sociological-juridical. The data sources used are primary data and secondary data. Techniques for collecting legal materials through interviews, documentation studies, and qualitative analysis of legal materials. The results of the study show that the factors causing the occurrence of criminal acts caused by consuming alcoholic beverages (sopi) are many, including unemployment, excessive alcohol consumption, and the fact that most people still use alcoholic beverages (sopi) as an outlet. The efforts made by the Aru Islands Police include conducting campaigns among teenagers as well as carrying out operations and enforcing the law against perpetrators of the distribution of alcoholic beverages (sopi).

Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Pencabulan Sirait, Ingrid Debora; Adam, Sherly; Sopacua, Margie Gladies
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.v4i2.2037

Introduction: Cases of criminal acts of sexual abuse against children, especially those handled by the Central Maluku Police, from 2021 to 2023, there were 9 (nine) cases of criminal acts of sexual abuse.Purpose of the Research: This research aims to enable investigators to know the child's personality and make it easier to carry out examinations. At the Central Maluku Police, since the start of the investigation process, children as victims of criminal acts of sexual abuse have not received rehabilitation either physically, psychologically or socially from P2TP2A Central Maluku.Methods of the Research: This type of research is normative juridical research using several approaches including the statutory approach, conceptual approach and case approach, using primary, secondary and tertiary legal material sources. Collection procedures The legal material used in this writing is a literature study (Library Research), which is descriptive qualitative in nature. In carrying out the study, this research also conducted interviews with police officers at the Women and Children Protection Unit at the Central Maluku Police.Result of the Research: The legal protection efforts carried out by the Central Maluku Police against children as victims of criminal acts of sexual abuse include the following: Confidentiality of the victim's identity; rehabilitation efforts; victims are entitled to legal aid and other assistance: providing protection and assistance during the prosecution investigation process until the trial process; obtaining information about the progress of the trial and always monitoring the development of the situation from the area where the victim lives; taking steps to cooperate with police ranks from various regions and from the Maluku Police; providing motivation and providing the best solution for the lives of children; and establishing communication and providing supervision for victims of criminal acts of sexual abuse who are still undergoing the process or who have completed the process. The obstacles faced by the Central Maluku Police in providing legal protection to children as victims of criminal acts of sexual abuse include law enforcement factors; community factors; facilities or facilities factors; cultural factors; and legal factors.

Pelaksanaan Rehabilitasi Terhadap Pecandu Narkoba di Kota Ambon Amrin, Andi; Toule, Elsa Rina Maya; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1009

Introduction: The implementation of rehabilitation for drug addicts in the city of Ambon is not yet in accordance with what is mandated by law.Purposes of the Research: This study also aims to analyze and discuss the implementation of rehabilitation for narcotics addicts in the city of Ambon in accordance with Law No. 35 of 2009 and to analyze and discuss the obstacles faced in the implementation of rehabilitation for narcotics addicts in Ambon City.Methods of the Research: The type of research used is normative juridical research using a statute approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: Although the implementation of rehabilitation is a recommendation by the Assessment Team to victims of drug abuse and drug addicts to carry out medical rehabilitation and social rehabilitation, all stages such as the stage of medical rehabilitation (Detoxification), the non-medical rehabilitation stage and the further development stage have not been carried out properly. Apart from that, the process of implementing rehabilitation for drug addicts is only carried out through outpatient treatment while inpatient treatment is never carried out so that the guarantee for narcotics addicts to receive medical rehabilitation and social rehabilitation in accordance with the mandate and objectives of drugs in the Law cannot be fulfilled properly. Obstacles in implementing rehabilitation for drug addicts in the city of Ambon include: The law or the law itself does not clearly regulate the availability of facilities (rehabilitation centers or places) and infrastructure (financial) to support the implementation of rehabilitation and there is still a lack of medical personnel and staff. - specialist staff to support the implementation of social rehabilitation and medical rehabilitation

Implikasi Autopsi Forensik Dalam Penyidikan Tindak Pidana Pembunuhan Sabono, Felia Naomi; Adam, Sherly; Lewerissa, Yanti Amelia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2103

Introduction: Forensic autopsy is the examination of a corpse after death to determine the cause and manner of death, and to identify possible disease or injury to the body of a deceased person.Purposes of the Research: The purpose of this study is to analyze and discuss the implications of a forensic autopsy in the investigation of a crime of murder and the obstacles encountered in the forensic autopsy process.Methods of the Research: In this legal research, writing uses normative juridical research, problem approaches namely statutory approaches, conceptual approaches, and case approaches. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of this study indicate that the implications of a forensic autopsy in the investigation of a crime of murder can find and obtain material truth, namely the truth that actually happened and there were errors and can be held criminally responsible for the perpetrators of a crime of murder in an investigation of a crime of murder in the process of proving and can convince the judge in deciding the case. The obstacles encountered in the forensic autopsy process in the crime of homicide were the refusal of an autopsy from the victim's family, the absence of forensic experts, the lack of facilities and infrastructure to support the implementation of a forensic autopsy.

Kajian Kriminologi Terhadap Aksi Pencurian Kendaraan Bermotor Roda Dua Mahinano, Ririn; Adam, Sherly; Lewerissa, Yanti Amelia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2113

Introduction: The crime of theft of two-wheeled motor vehicles is a crime against property that is not uncommon in developing countries. However, the level of public awareness of the importance of protecting personal property is often ignored, so there are easily many opportunities for criminals to carry out their evil actions.Purposes of the Research: to study and discuss the factors causing the theft of two-wheeled motor vehicles in the jurisdiction of the Ambon Island Police and Lease Islands. As well as to review and discuss the efforts of the Ambon Island Police and Lease Islands in handling the theft of two-wheeled motorized vehicles.Methods of the Research: In this study is empirical juridical. Research location of the Ambon Island Police and Lease Islands. Population is the entire research unit that will be researched and then analyzed, Sample is the set of the population, Respondents are people who will answer questions asked by researchers for research purposes. The data source used is primary data and secondary data. Data collection techniques are carried out by interviews and documentation studies. Data analysis techniques are carried out qualitatively.Results of the Research: Shows that the factors causing the theft of two-wheeled motorized vehicles in the jurisdiction of the Ambon Island Police and Lease Islands are: The economic factor is the most influencing factor so that a person can commit a crime. The educational factor, when associated with the background of the crimes committed, is that the average perpetrator has low education. Environmental factors, whether good or bad, a person's behavior is strongly influenced by his social environment. The factor of negligence of users of two-wheeled motorized vehicles, crime of theft often arises due to the negligence of the user himself, for example by forgetting to lift the key, not locking the motor starter and others. -Lease islands namely: Preemptive efforts are the initial efforts made by the police to prevent the occurrence of the crime of theft of two-wheeled motorized vehicles, preventive efforts are carried out to prevent crimes from occurring. Meanwhile, repressive efforts are efforts to take action in the form of arrests for further legal proceedings against perpetrators who commit theft of two-wheeled motorized vehicles.

Kajian Aspek Pidana Kepemilikan Kartu Tanda Penduduk (KTP) Indonesia Secara Ilegal Oleh Warga Negara Asing Mardiah, Ainun; Adam, Sherly; Patty, Jetty Martje
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.v3i2.1893

Introduction: Illegal possession of Indonesian identity cards (KTP) by foreign nationals (WNA) is still a problem that often occurs in the community. The requirement for a foreigner to have an Indonesian KTP is legally regulated in Law Number 24 of 2013 concerning amendments to Law Number 23 of 2006 concerning population administration. So whether the ownership of Indonesian KTP by foreigners has fulfilled the requirements of the provisions stipulated in the law.Purposes of the Research: The purpose of the study is to examine the criminal aspects of illegal ownership of Indonesian KTPs by foreigners and discuss the legal consequences. Methods of the Research: The method used in this study is normative juridical with a statutory approach, a concept approach, and a case approach. Legal material collection techniques use literature studies and legal material processing and analysis techniques using qualitative methods.Results of the Research: The results of the study show that the criminal aspects of illegal ownership of KTP by foreigners include the criminal act of forgery which in this case the ownership is invalid or inkrah because it does not meet the requirements for ownership of an Indonesian KTP that has been regulated in Indonesian laws and regulations.In the case of having an ID card illegally so that it causes the ID card to be a fake letter, the act of forgery has its own responsibility for the criminal acts that have been committed by the perpetrator.The legal consequences of illegal possession of Indonesian KTPs by foreigners can be processed legally and subject to article 263 of the Criminal Code because the ownership of the KTP is not found in accordance with article 63 of the Population Administration Law so that the KTP is fake or legally invalid. When making an ID card, the perpetrator involves civil servants, population and civil registration and bribes to issue the ID card so that based on article 55 paragraph (1) of the Criminal Code, the perpetrator can be subject to article 5 paragraph (1) of the Criminal Law to be held accountable for criminal acts that have been committed by the perpetrators

Penyelidikan Dan Penyidikan Dalam Perkara Pidana Leasa, Cynthia Cornelia; Adam, Sherly; Hattu, Jacob
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2454

Introduction: Criminal law enforcement in Indonesia has started from a short but long and long time, at least it can be seen from the enactment of law number 8 of 1981 concernig the Criminal Procedure Code. Police in carrying out their duties as law enforcement officers must be based on law number 2 of 2002 Indonesian National Police.Purposes of the Research: Analyze and discuss the legal reasons reports in criminal cases and the legal consequences if a reported criminal case is not processed.Methods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that regulations regarding reports that can be rejected by the police have not been clearly regulated, only sanctions related to the police code of ethics are provided so that many people feel unfairly related to what yhe police have dne in terms of rejecting reports for reasons that are not clear on the law. Investigationsinto criminal cases have also not been fully carried out because many investigators are less professional. If it results of the investigations of the report cannot meet the evidence, the investigator can stop the investigation being carried out.

Kompensasi Terhadaap Anak Sebagai Korban Tindak Pidana Perkosaan Larwuy, Weny Yorinike; Adam, Sherly; Salamor, Yonna Beatrix
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.v3i1.1541

Introduction:Protection for victims of criminal acts can be interpreted as protection to obtain guarantees or legal compensation for the suffering or losses of victims of criminal acts so that they are paid more attention to by the State, one of which is the victims of rape crimes because victims are entitled to compensation provided by the State.Purposes of the Research:This study aims to review and discuss the Mechanism for Providing Compensation to children victims of the Rape Crime and the reasons for the judge so that in his decision compensation for children is handed over to the State treasury.Methods of the Research:The type of research used in this writing is nomative juridical. The problem approach used is the Statutory approach, the conceptual approach and the case approach. Legal materials used primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by means of literature studies. The management and analysis of materials is analyzed qualitatively.Results of the Research:Based on the results of the study, the compensation mechanism is regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Legal Assistance to Witnesses and Victims. Compensation must be filed prior to a court decision that does not yet have permanent legal force. The Witness and Victim Protection Agency (LPSK) may apply for compensation to the public prosecutor to be included in criminal prosecutions because the compensation application must be submitted by the victim or the victim's family or their attorneys through the Witness and Victim Protection Agency (LPSK). The judge in his ruling so that the compensation of the child as a victim of the crime of rape is handed over to the State treasury because the child as a victim of a criminal act does not apply for compensation through the Witness and Victim Protection Agency to the Public Prosecutor and proceed to the Court so that in the judgment the rights of the child victim of the rape crime is handed over to the treasury.

Pelaksanaan Rehabilitasi Sosial Terhadap Warga Binaan Pemasyarakatan Narkotika Pada Lembaga Pemasyarakatan Kelas II A Ambon Sofyan, Ode; Adam, Sherly; Patty, Jetty Martje
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.v4i2.3020

Introduction: Rehabilitation is an effort to restore and restore the condition of drug users to return to physical, psychological, social, and spiritual/religious health (faith). With the condition after undergoing rehabilitation, it is hoped that they will be able to return to live in the midst of society better and be free from narcotics bondage. The Narcotics Law has regulated the implementation and obligation of rehabilitation written in Article 4, Article 54, Article 55, Article 103, and Article 127 of the Narcotics Law which regulates the rehabilitation of victims of narcotics abuse, narcotics addicts, and narcotics abusers and is often also in the spotlight in its law enforcement practices.Narcotics abuse is one of the biggest crimes faced by the Indonesian people. In order to address this issue, the Government has issued a regulation, namely Presidential Instruction Number 2 of 2020 concerning the National Action Plan for the Prevention and Eradication of Abuse and Illicit Trafficking of Narcotics and Narcotics Precursors (RAN P4GN) 2020/2024. To succeed the program, the Ministry of Law and Human Rights of the Republic of Indonesia organizes a rehabilitation program for prisoners who abuse drugs in correctional institutions with the basis for its implementation, namely Law Number 22 of 2022 concerning Corrections, the Narcotics Law and other related regulations. The purpose of the program is not only to prevent drug abuse and illicit trafficking, but also to enable drug addicts to resume their social functions in the community. Cases of criminal acts and drug abuse in Class II A Ambon Correctional Institution (hereinafter referred to as Class II A Ambon Correctional Institution) committed by correctional inmates are inseparable from the issue of demand and supply of narcotics. The data shows that the number of prisoners (WBP) of narcotics cases in Class II A Ambon Correctional Facility in 2021 amounted to 40 prisoners and in 2022 amounted to 40 prisoners.Purposes of the Research: Analyze and discuss the obstacles faced in the implementation of social rehabilitation of prisoners of narcotics correctional facilities at Class II A Ambon Correctional Facility.Methods of the Research: The research method used with the type of Empirical juridical research. The research location is class II A Ambon correctional institution, Data sources are primary data and secondary data. Data collection techniques through observation and interviews. Data processing techniques and data analysis in culaitative. Results / Findings / Novelty of the Research: The results showed that there are several obstacles that influence the implementation of social rehabilitation of narcotics wargabinan at the Klas IIA Ambon Correctional Institution. These obstacles have an effect on the implementation of social rehabilitation of narcotics wargabinan carried out at the Klas IIA Ambon Correctional Institution. This condition causes a lack of maximum implementation of rehabilitation at the Klas IIA Ambon Correctional Institution. The obstacles faced in the implementation of social rehabilitation of prisoners of narcotics correctional facilities at Class II A Ambon Correctional Facility are facilities or facilities, human resources or officers and budget or costs

Kebijakan Penanggulangan Prostitusi Online Melalui Media Sosial Samusamu, Roygers; Pasalbessy, Jhon Dirk; Adam, Sherly
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 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.v2i2.8603

Introduction: The existence of a criminal law policy in an effort to combat online prostitution cannot be separated from the existence of cases of online prostitution in Indonesia. Purposes of the Research: The current positive law regulations have not been able to tackle the crime of online prostitution through social media in Indonesia. So it needs to be reviewed in formulating criminal provisions relating to online prostitution to create a better arrangement in the future. Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The technique for reviewing and collecting primary, secondary and tertiary legal materials is to use documentation studies. The data analysis used in normative legal research is qualitative analysis Results of the Research: Based on the results of the study, it was found that the concept of online prostitution prevention policies through social media can be overcome with feminist policies so that they can position women according to conditions with criminalization, legalization and decriminalization approaches by eliminating criminal acts of online prostitution through social media based on the socio-cultural background of the Indonesian people and state, while other approaches can also be considered as a policy concept for overcoming the crime of online prostitution through social media. The policy of overcoming the crime of online prostitution through social media has been integrated with criminal law because online prostitution through social media can be handled using criminal law outside the Criminal Code which has a special nature, namely Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. the shortcomings of the Criminal Code, therefore in an effort to overcome the crime of online prostitution, policies are needed that can provide guarantees and protection to women as perpetrators of online prostitution with various policies and approaches born from socio-cultural values.

Title

Found 17 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 17 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 17 Documents
Search