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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Jambura Law Review Gema Wiralodra TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal Bacarita Law Journal LUTUR Law Journal Matakao Corruption Law Review Ipso Jure
Adam, Sherly
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum Terhadap Justice Collaborator di Indonesia (Analisa Putusan Nomor : 48/Pid.Sus/TPK/2016/PN.Jkt Pst) Taberima, Rylke Marviano; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11335

Abstract

Introduction: Corruption harms the country's finances and the socio-economy of society. Corruption tends to be committed by more than one person. Corruption crimes that have been caught by the Corruption Eradication Commission (KPK) have obstacles to revealing and detaining parties who have committed corruption crimes due to a lack of information or data. Then came the idea of the Justice Collaborator (JC), which was first known in America in the 1970s, namely cooperation to reveal the main mastermind of the corruption crime with the convict of corruption. The key role of a justice collaborator is to uncover a crime or the occurrence of a crime, so that the return of assets from the results of a crime can be achieved to the state. Purposes of the Research: Analyzing the urgency of Justice Collaborator corruption in Indonesia. Methods of the Research: The research method used is juridical-normative research. Data sources include primary data and secondary data. Data collection techniques through the study of documentation and data analysis used Qualitative Analysis. The problem approaches used in this research are statute, conceptual, and case approaches. Results of the Research: The results research the urgency or existence of a Justice Collaborator at the stage of Investigation in corruption in Indonesia is essentially to assist law enforcement officers in finding and finding facts related to crimes including corruption, which is difficult to disclose because the perpetrators of corruption more than one. The issue of legal protection for Justice Collaborator, LPSK law regulates the protection of witnesses including Justice Collaborator. Although in reality the process of determining the status of Justice Collaborator must be based on the submission of which institution handles the case. This is because the position of LPSK is only a sub-supporter in the criminal justice system so the recommendations of the Justice Collaborator LPSK can be obeyed or not obeyed.
Countermeasure strategies for law enforcement of illegal online toto gambling: Study at Central Maluku Police Adam, Sherly; Salmon, Harly Clifford Jonas; Makaruku, Steven
Gema Wiralodra Vol. 14 No. 3 (2023): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v14i3.589

Abstract

Online lottery is one of the crimes we usually call cyber crime, so apart from being charged under the Criminal Code, online lottery gambling games can also be set under Article 27 paragraph (2) in conjunction with Article 45 of Law Number 11 of 2008 concerning Information and Transactions. Electronic. The duties, functions, and responsibilities of the National Police, one of which is enforcing the law, where the National Police, especially the Central Maluku Police, plays a role in tackling crime, one of which is online lottery gambling. The aim of this research is to reveal a countermeasure strategy for enforcing online lottery gambling laws carried out by the Central Maluku Police. The type of research used is empirical legal research. Central Maluku Police research location. The sample, respondents, and population are the head and members of the General Crimes Unit of the Central Maluku Police. Data sources are primary data and secondary data. Data collection techniques through interviews and observation. Qualitative data processing and analysis techniques. The results of the research show that the strategy for dealing with online lottery gambling law enforcement carried out by the Maluku Police is to increase human resource skills, increase facilities, or increase public legal awareness and maximize the role of the community. For this reason, it is hoped that the strategy to overcome online lottery gambling law enforcement carried out by the Central Maluku Police can tackle online lottery gambling so that the role and support of the government, law enforcement officials, and the community are also needed to realize the ideal and aspired online lottery gambling law enforcement.
Criminal Policy on Destructive Fishing Activities in Serutbar, Indonesia Lewerissa, Yanti Amelia; Hehanussa, Deassy Antoneta; Adam, Sherly
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (608.434 KB) | DOI: 10.33756/jlr.v5i2.18087

Abstract

Fishing communities around the North Seram and North West Seran (Serutbar) Marine Protected Areas often carry out destructive fishing activities. This study aimed to examine and analyze criminal policies for destructive fishing activities in the Serutbar Marine Conservation Area. The research method used is normative legal research supplemented by a socio-legal approach. The approach used in this study is a statutory approach and a conceptual approach. The data collection technique is a literature study complemented by field data obtained through observation and in-depth stakeholder interviews. Furthermore, the data were analyzed qualitatively. Based on the research results, Gale-Gale Village and Sawai Village's fishing communities around the Serutbar Waters Conservation Area often carry out destructive fishing activities. The factors that cause them to carry out destructive fishing are economic needs; very simple fishing gear; the provision of assistance needs to be put on target; Pokmaswas being less empowered; and a lack of inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches.
Pertimbangan Hukum Hakim dalam Putusan Perkara Tindak Pidana Penganiayaan Holle, Muhammad Syafri Bahtra; Adam, Sherly; Lewerissa, Yanti Amelia
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v10i4.58207

Abstract

Hakim tidak boleh menjatuhkan pidana tersebut kecuali apabila dengan sekurang-kurangnya dua alat bukti yang sah, sehingga hakim memperoleh keyakinan bahwa suatu tindak pidana benar-benar terjadi dan terdakwalah yang bersalah melakukannya (Pasal 183 KUHAP). Tujuan artikel ini adalah untuk mengkaji dan menganalisis pertimbangan hukum hakim dalam memutus perkara tindak pidana penganiayaan memenuhi keadilan. Metode Penulisan/Penelitian: Penelitian ini merupakan penelitian yuridis normatif. Tipe penelitian bersifat deskriptif analisis. Data dan informasi penunjang kemudian diidentifikasi selanjutnya disistematisasi untuk dilakukan penafsiran dan diberikan argumentasi untuk mendapatkan kesimpulan atas permasalahan. Pertimbangan hukum Hakim dalam memutus perkara tindak pidana penganiayaan dapat memenuhi keadilan didasarkan pada fakta-fakta di persidangan dan pertimbangan hukum Hakim secara yuridis dan non yuridis. Pertimbangan hukum hakim secara yuridis yaitu dakwaan yang telah dibacakan di depan sidang pengadilan, surat tuntutan, alat bukti (berupa keterangan saksi, surat, keterangan ahli, petunjuk, dan keterangan terdakwa), barang bukti dan pertimbangan secara non yuridis yaitu latar belakang perbuatan terdakwa, akibat perbuatan terdakwa, kondisi diri terdakwa, keadaan sosial ekonomi terdakwa.
Criminal Act of Child Neglect in the Household Marlissa, Indah Glodia; Adam, Sherly; Sopacua, Margie Gladies
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22884

Abstract

Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values ​​of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society. The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope. The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials. The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect.
Law Enforcement Against Destructive Fishing Crimes at the Regional Marine Police Directorate Tuasuun, Ronald; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
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.v5i3.2217

Abstract

Introduction: Destructive fishing activities carried out by fishermen generally use explosives (fish bombs), and the use of toxic materials to catch fish. The use of these materials results in damage to coral reefs and the surrounding ecosystems. Therefore, the role of the Directorate of Marine Police of the Maluku Police is needed in law enforcement of the crime of destructive fishing.Purposes of the Research: The purpose of this research is to study and analyze law enforcement against the crime of destructive fishing at the Directorate of Marine Police of the Maluku Police.Methods of the Research: The research method used is a type of normative juridical research, which uses a legal approach, a conceptual approach and a case approach. The source of legal materials is primary legal materials and secondary legal materials, the collection of legal materials through literature studies, processing and qualitative analysis of legal materials.Results Main Findings of the Research: The results showed that law enforcement of destructive fishing crimes carried out by the Directorate of Marine Police of Maluku Police is currently maximized and running well in accordance with applicable legislation. However, in law enforcement against destructive fishing, there are several factors that influence law enforcement, namely the legal factors themselves (laws and regulations); law enforcement factors; factors of facilities and facilities that support law enforcement; community factors.
Pertimbangan Hukum Hakim Terhadap Pelaku Tindak Pidana Korupsi Indey, Gloria Christea Andini; Adam, Sherly; Muammar, Muammar
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v3i1.23091

Abstract

Introduction: The dilemma in corruption cases, between legal certainty and substantive justice, places the judge's considerations as the main factor in ensuring a fair and effective decision. Purposes of the Research: This study aims to analyze the legal considerations of judges regarding perpetrators of corruption in decision No. 23/Pid.Sus-TPK/2024/PN Amb, as well as to analyze the imposition of sanctions on perpetratos of corruption from the perspective of the objectives of criminal punishment. Methods of the Research: The type of research used in this study is normative legal research. The approaches used are the legislative approach, the conceptual approach, and the case approach. The legal sources used are primary, secondary, and tertiary legal materials. The procedure for collecting legal materials is through literature study. The processing and analysis of legal materials use qualitative analysis. Results of the Research: The research results show that in Decision No. 23/Pid.Sus-TPK/2024/PN Amb, the panel of judges considered that although the subsidiary charges were proven, the defendant's actions were not categorized as a criminal offense because the state losses had been gradually recovered prior to the suspect's indictment, in accordance with the recommendations of the BPK's audit report through administrative mechanisms. Based on these considerations, the defendant was acquitted of all legal charges (onslag van alle rechtsvervolging) without being sentenced to any principal or additional penalties. Further research shows that the imposition of sanctions on perpetrators of corruption is not yet in line with the objectives of criminal punishment. The acquittal indicates that the acts charged were proven but did not constitute a criminal offense, so the defendant could not be punished, which means that the objective of criminal punishment to punish perpetrators of corruption was not achieved.
Pertimbangan Hukum Hakim Terhadap Putusan Bebas Dalam Tindak Pidana Pembunuhan (Studi Putusan Nomor : 454/Pid.B/2024/PN. Sby) Pedan, Yohanis Egi; Adam, Sherly; Latupeirissa, Julianus Edwin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3662

Abstract

Introduction: The judge's legal considerations are a stage in which the panel of judges comprehensively assesses the facts revealed during the trial process based on legal and non-legal considerations as the basis for a decision that embodies the value of justice.Purposes of the Research: This study aims to analyze and discuss the legal considerations of judges in acquittal verdicts for criminal homicide in verdict number: 454/Pid.B/2024/PN.Sby and to analyze and discuss acquittal verdicts for perpetrators of criminal homicide from the perspective of the objectives of criminal punishment.Methods of the Research: The research method used is normative legal research using a legislative approach, conceptual approach, and case approach. The legal materials used are primary, secondary, and tertiary legal materials. The procedure for collecting legal materials is carried out through literature study, processed through editing, systematization, and qualitative analysis.Results / Findings / Novelty of the Research: The results of the study show that the judge's legal considerations regarding the perpetrator of the crime of murder in decision number: 454/Pid.B/2024/PN. Sby, based on the judge's legal considerations of all elements of the alternative charges under Article 338 of the Criminal Code, Article 351 paragraph (3) of the Criminal Code, Article 359 of the Criminal Code, and Article 351 paragraph (1) of the Criminal Code, which were brought by the public prosecutor against the defendant Gregorius Ronald Tannnur, were not legally proven. The reason for this was that the judge was convinced by the opinion of a driving safety expert that the victim was outside the lane of the car driven by the defendant and, based on CCTV footage that did not clearly show that the victim died as a result of murder or being run over by the defendant's car, the judge acquitted the defendant. An acquittal of a perpetrator of a criminal act of murder is contrary to the purpose of punishment if it is not based on strong evidence. If an acquittal is given because the judge was not careful in examining the evidence and witnesses or for other reasons that are not in accordance with the law, then this verdict can be considered unfair and can reduce public trust in the judicial system to provide justice and protect the community
Criminal Act of Child Neglect in the Household Marlissa, Indah Glodia; Adam, Sherly; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 11, January 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i11.3110

Abstract

Introduction: Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope.Methods of the Research: The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials.Findings of the Research: The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect.
Influencer Criminalization For Content Harming The Public: A Study Of Criminal Liability In The Digital World Adam, Sherly; Dj, Akhdiari Harpa; Hamdani, Hamdani
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gz10e480

Abstract

: In today's digital era, influencers play an important role in shaping public opinion and public behavior through social media. As micro-celebrities, influencers have a strong emotional connection with their followers, which makes them a more trusted source of information than official institutions. However, this large influence poses the risk of disseminating inaccurate information, and even potentially harming the public. This phenomenon is even more complex when influencers spread misinformation or disinformation that has physical, psychological, or social impacts. Although the ITE Act has regulated the dissemination of digital content, it has not explicitly addressed the legal liability of influencers who disseminate harmful content. This creates a legal loophole that influencers can exploit to spread sensational content without considering the negative impacts. This study uses a normative juridical approach to examine the extent to which the ITE Law can accommodate criminal liability for influencers, as well as recommend legal reforms that are more responsive to digital dynamics. This research aims to provide a fairer and more contextual legal construction to overcome challenges in law enforcement in the digital world, while maintaining a balance between freedom of expression and public protection.
Co-Authors Ainun Mardiah Amrin, Andi Dj, Akhdiari Harpa Hamdani Hamdani Hattu, Jacob Hehanussa, Deassy Antoneta Hehanussa, Deassy Jacomina Anthoneta Holle, Muhammad Syafri Bahtra Indey, Gloria Christea Andini Larwuy, Weny Yorinike Latupeirissa, Julianus Edwin Leasa, Cynthia Cornelia Leasa, Elias Zadrach Lewerissa, Yanti Amelia Luturmas, Resi Mahinano, Ririn Marlissa, Indah Glodia Muammar Muammar, Muammar Pasalbessy, Jhon Dirk Patty, Jetty Martje Pedan, Yohanis Egi Sabono, Felia Naomi Salamor, Yonna Beatrix Salmon, Harly Clifford Jonas Samusamu, Roygers Sirait, Ingrid Debora Sofyan, Ode Sopacua, Margie Gladies Steven Makaruku Taberima, Rylke Marviano Toule, Elsa Rina Maya Tuasuun, Ronald