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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 SASI 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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Handling Illegal Levy at Yos Sudarso Port Ambon Zainuddin, Zainuddin; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2215

Abstract

Introduction: The widespread practice of extortion penetrates various areas of life in providing services, one of which is extortion in the fields of transportation, shipping and trade at the Yos Sudarso Ambon port in terms of loading and unloading (stevedore, longshoreman, dockworker) where the shipping company (Tanto, Temas, Meratus and Spil) do not have the right or authority to collect the stupping/stripping (loading and unloading) fees paid by JPT or PBM, however, the bill for the stupping/stripping fees is still collected by the shipping company to this day.Purposes of the Research: Analyze and formulate the penalties for illegal levies that are not based on law. Analyze and discuss efforts to handle illegal levies at Yos Sudarso Port, Ambon.Methods of the Research: Empirical research with the Yos Sudarso Ambon port research location.Results Main Findings of the Research: Levies that are not based on legal regulations are criminal acts as regulated in article 423 of the Criminal Code and article 12 letter e of the Corruption Eradication Law and constitute behavior or acts against the law, exceeding authority, using authority for purposes other than those for which the authority is intended. as regulated in Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. Handling efforts that can be carried out through several stages are that the government needs to provide clear boundaries regarding the position of illegal levies as a qualification for criminal acts as a law enforcement step and criminalize illegal levies as a criminal act of corruption as mandated by UNCAC 2003 which has been ratified based on Law Number 7 In 2006, it became the basis for efforts to handle illegal levies at Yos Sudarso Ambon port.
Pertanggungjawaban Pidana Pelaku Pembuat Website Palsu Melalui Media Sosial (Studi Putusan No: 1194/Pid.Sus/2019/PN Sby) Toumahuw, Zirel Josilia; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 6, No 1 (2026): Volume 6, Nomor 1, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v6i1.3916

Abstract

Introduction: The development of information technology has had a significant impact on various aspects of life,including cybercrimes such as the creation of fake websites through social media. So that the perpetrator can be held criminally responsible for their actions.Purposes of the Research: To analyze and discuss the judge's legal considerations in deciding the case against theperpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby and to analyze and discuss the criminal liability of the perpetrator of the fake website creation through social media, so that the perpetrator can be held criminally liable for their actions.Methods of the Research: The method used in this research is normative juridical, utilizing a legal problem approach, a conceptual approach, and a case approach. The legal materials used include primary legal material,secondary legal material, and tertiary legal material. The legal material collection procedure was through literature review. The legal material processing was carried out in several stages, including editing, classification, analysis, and conclusion. The legal material analysis used was qualitative analysis.Results / Findings / Novelty of the Research: The judge's legal considerations regarding the perpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby indicate that the judge considered legal aspects, including the public prosecutor's indictment, criminal charges, the defendant's testimony, witness testimony, evidence, and the application of articles in criminal regulations by proving all elements of Article35 of the ITE Law through valid evidence. The judge also considered non-legal aspects such as the defendant's background and the consequences of the defendant's actions and the criminal liability of the perpetrator of the fake website creation through social media. Decision No. 1194/Pid.Sus/2019/PN.Sby indicates that the defendant was legally and convincingly proven to have committed a crime as stipulated in Article 35 of the ITE Law.
Pemenuhan Hak Anak Korban Pornografi Dalam Sistem Peradilan Pidana Anak Wakim, Paramitha Agustina Grace; Adam, Sherly; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.574

Abstract

Introduction: The fulfillment of the rights of child pornography victims is contained in the Child Criminal Justice System Act and Based on the context of Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection and Government Regulation (PP) Number. 40 Year 2011 On The Development, Mentoring and Recovery of Children Victims and Perpetrators Ponography. Legal protection of children and their rights as victims and perpetrators of pornography do not seem to have received serious attention even though it actually depends on how a country finds a leader who cares about children.Purposes of the Research: This paper aims to analyze and discuss the fulfillment of the rights of child pornography victims in the Child Criminal Justice System.Methods of the Research: Research methods are used with normative juridical research types. The problem approach used is the legal approach, concept analysis approach, case approach, Source of legal materials used primary legal materials and secondary legal materials. Collection techniques through literature studies and then analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the fulfillment of the rights of child pornography victims has not been fulfilled properly in accordance with Law No. 11 of 2012 on the Criminal Justice System of Children. This means that the Child Protection Act has not been balanced with the implementation of child protection. This is because there are still obstacles faced in the fulfillment of the rights of children victims porngrafi. The fulfillment of the rights of children victims of pornography in the legislation include: the right of mentoring, the right of health services, the right of guidance, the right of protection and in Government Regulation No. 40 of 2011 on the guidance, mentoring, and recovery of children who are victims and perpetrators of pornography according to Article 20 is done by means of mentoring: counseling, psychological therapy, social advocacy, improving ability and willingness, providing access to health services and / or legal assistance.
Pertanggungjawaban Pidana Pelaku Pembobolan Kartu Kredit Dalam Tindak Pidana Di Bidang Perbankan Djokdja, Galang Ramadhan; Adam, Sherly; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.909

Abstract

Introduction: There are many cases of fraud with credit cards at banks known as carding, but there is no new legal rule to ensnare the perpetrators so that the judges still use the old rules, namely the Criminal Code. Law enforcement in the banking sector includes regulatory issues in the field of information technology and other aspects are the ability of law enforcement officers, public legal awareness, and infrastructure that supports law enforcement, especially in reviewing criminal liability for perpetrators.Purposes of the Research: Criminal liability for credit card burglary perpetrators in criminal acts in the banking sector. Methods of the Research: The research method used is normative juridical with a problem approach in the form of a statutory approach, a conceptual analysis approach and a case approach. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through library research and processing techniques and analysis of legal materials through descriptions using qualitative methods.Results of the Research: The results of the study indicate that the criminal law regulation of the crime of carding has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and has been formulated in articles 362, 363 and 378 of the Criminal Code. namely about Theft and Fraud. Carding criminal liability can be carried out based on the ability of the perpetrator to be responsible; there is an error in the form of a deliberate act of the perpetrator as proven in accordance with the articles in paragraph; there is no excuse for his actions; and may be subject to sanctions for carding criminals.
Mekanisme Penggunaan Closed Circuit Television Sebagai Alat Bukti Petunjuk Dalam Tindak Pidana Pembunuhan Sarimanella, Michelle Nicole; Adam, Sherly; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1133

Abstract

Introduction: Closed Circuit Television (CCTV)) is a digital video camera device that is used to transmit signals to a monitor screen in a certain room or place. It has the aim of being able to monitor the situation or condition of a certain place, so that it can prevent the occurrence of a crime or can be used as evidence of a crime that has occurred.Purposes of the Research:  Analyze and discuss the mechanism of using CCTV as evidence of evidence in the crime of murder and Knowing the obstacles in using CCTV as evidence of instructions in the crime of murderMethods 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 CCTV in its mechanism can be used as evidence for instructions in a criminal act, especially a crime of murder, if the CCTV has a link between witness statements, letters, and the defendant's statement as stated in Article 188 Paragraph (2) of the Criminal Procedure Code although there are several obstacles in the evidentiary process such as unclear CCTV footage and different expert views regarding the use of CCTV recordings as evidence for instructions in the process of proving the crime of murder.
Koordinasi Kelembagaan dalam Penenggelaman Kapal Hasil Tindak Pidana Di Bidang Perikanan Adam, Sherly
SASI Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.291

Abstract

His study aims to determine to examine, analyze coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. This research is a normative legal research (legal research). The research began with an inventory of legal regulations or laws and regulations relating to coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. According to the Law, there are two methods of sinking ships carried out by the Government of the Republic of Indonesia, namely sinking ships through a court decision and being caught red-handed. For this reason, there is coordination between institutions in the framework of sinking fishing vessels by the Minister of Maritime Affairs and Fisheries (government) of the Republic of Indonesia, but the coordination of these institutions has not yet been implemented or carried out properly. This is due to unclear regulations regarding operational standards or guidelines for the destruction or sinking of fishing vessels which regulate the implementation, mechanism, and procedure for the destruction of ships to be used as a basis for the Ministry of Maritime Affairs and Fisheries, Prosecutors' Office and the Courts in sinking fishing vessels conducting Illegal Fishing in Indonesian waters.
Co-Authors Ainun Mardiah Amrin, Andi Dj, Akhdiari Harpa Djokdja, Galang Ramadhan 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 Sarimanella, Michelle Nicole Sirait, Ingrid Debora Sofyan, Ode Sopacua, Margie Gladies Steven Makaruku Taberima, Rylke Marviano Taufik, Iqbal Toule, Elsa Rina Maya Toumahuw, Zirel Josilia Tuasuun, Ronald Wakim, Paramitha Agustina Grace Zainuddin, Zainuddin