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All Journal LAW REFORM JURNAL PEMBANGUNAN HUKUM INDONESIA TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum Bacarita Law Journal Sawerigading Law Journal PATTIMURA Law Study Review SASI Matakao Corruption Law Review
Titahelu, Juanrico Alfaromona Sumarezs
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Arts Humanities Law, Crime, Criminology & Criminal Justice Public Health Other

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Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Perdagangan Orang Nugroho, Adi Purwo; Titahelu, Juanrico Alfaromona Sumarezs; Latupeirissa, Julianus Edwin
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.v3i2.8628

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The purpose of this writing is to analyze and explain the factors of child trafficking in Aru Regency. The crime of trafficking in persons is generally in the form of violations of human dignity and dignity in the form of cruel treatment, and even slavery-like treatment. This perpetrator is accepted as the helplessness of the victim, who is trapped in a network that is very difficult to identify, so it will be difficult to find a solution. The research method used in this research is normative legal research, namely legal research conducted by analyzing literature materials.
Implikasi Penerapan Asimilasi Rumah Bagi Narapidana Pada Masa Pandemi Covid-19 Dari Perspektif Tujuan Pemidanaan di Indonesia Mataheru, Hendarina; Titahelu, Juanrico Alfaromona Sumarezs; Lewerissa, Yanti Amelia
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1392

Abstract

Introduction: Suppressing the rate of spread of Covid-19 in prisons, several regulations were issued that regulate the provision of home assimilation to prisoners. However, the provision of home assimilation raises pros and cons in society, especially when looking at assimilation from the perspective of the purpose of funding.Purposes of the Research:  The purpose of this study is to examine and analyze the implications of implementing home assimilation for prisoners during the Covid-19 pandemic from the perspective of the purpose of punishment in Indonesia.Methods of the Research: This research is normative juridical research, the research approach used is a statutory approach, a conceptual approach and a case approach. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials is in the study of literature and subsequently analyzed qualitatively.Results of the Research: The results showed that the provision of home assimilation during the Covid-19 pandemic when viewed from the purpose of punishment, the provision of home assimilation was in accordance with the purpose of punishment. This is because, government policies to reduce the rate of spread of the Covid-19 virus in various public spaces including in prisons through home assimilation programs do not just run. However, it is accompanied by various rules that regulate a number of conditions that must be met by an inmate to be able to participate in home assimilation. Prisoners must behave well during their sentences and follow all coaching programs implemented in Lapas. This means that, inmates who pass the home assimilation program, are those who are judged to have had a better change in attitude and behavior, obey and obey the rules made (especially in Lapas), and ready to blend in with the community. All of them are the purpose of punishment which is not to take revenge for the evil behavior that has been committed by an inmate, but rather to humanize humans (prisoners) through various formation programs implemented in the Penitentiary.
Legal Liability for Crimes against Humanity as A Form of Human Rights Violation (Criminal Law Perspective) Titahelu, Juanrico Alfaromona Sumarezs
LAW REFORM Vol 18, No 1 (2022)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (141.824 KB) | DOI: 10.14710/lr.v18i1.44154

Abstract

Akibat Kealpaan Pemilik Lahan Yang Memasang Aliran Listrik Laimu, Wa Narti; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2114

Abstract

Introduction: In criminal law, willfulness (dolus) is the desire and understanding that an action and its consequences occur, while negligence (culpa) is unintentional where caution is required of everyone, so as not to result in negligence resulting in death.Purposes of the Research: The purpose of this study is to discuss and analyze the consequences of the negligence of the land owner who installed electricity resulting in the death of people.Methods of the Research: By using normative juridical legal research methods (legal research). Type of descriptive analysis research. The problem approach consists of a statute approach, a conceptual approach, and a case approach. Sources of legal materials consist of: a) primary legal materials, namely the book of criminal law (KUHP), b) law number 30 of 2009 concerning electricity. Secondary legal materials, namely: doctrines, legal literature theories, research results and scientific articles. Tertiary legal materials are legal dictionaries, Indonesian language dictionaries, and websites. The collection and analysis of legal materials is to collect data, compile it methodically and then analyze it qualitatively to get clarity about the problems at hand.Results of the Research: The results of this study are that due to the negligence of the land owner who installs electricity which results in the death of people, it can be categorized as a crime, where due to negligence or negligence the perpetrator flows his garden fence with high-voltage electric current and does not return to turn off the electricity in succession. Consecutive for two days, and did not notify the local community so as to result in the death of someone. Criminal liability of perpetrators of criminal acts of negligence resulting in the death of another person is regulated in Indonesian positive law regulated in Article 359 of the Criminal Code (KUHP) which restrictively reads: "Anyone who because of his mistake (negligence) causes another person to die, is threatened with the death penalty. Imprisonment for a maximum of five years or a maximum imprisonment of one year”.
The Existence Of The Police Of The Republic Of Indonesia In Managing Anarchic Actions On Haruku Island Titahelu, Juanrico Alfaromona Sumarezs
Sawerigading Law Journal Vol. 1 No. 2 (2022): Volume 1 No 2 Tahun 2022 (Apri 2022 - September 2022)
Publisher : Fakultas Hukum, Universitas Sawerigading Makassar

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

Abstract

Indonesia is a country that adheres to a democratic system, so the position of the people occupies the highest position.In various places in the world there are conflicts and even violence between groups. One of them, namely Maluku, is currently dealing with several cases of conflict between groups or countries, including residents of Kariu and residents of the Ori hamlet, which started from a verbal argument between two residents of Kariu and residents of the hamlet. Geographically, the country of Kariu borders Pelau and Ori, in terms of the anatomy of the problem, this crime involves people in the sense of the person of the perpetrator and the victim. Anarchy is a physical disorder in civil society in the form of clashes, mass fights, killings, looting, and destruction of public facilities and infrastructure, as well as private or other non-criminal facilities. According to the "Regulation of the Chief of Police Number 1/X/2010 concerning Overcoming Anarchy, police officers gradually deal with appeals, with bare hands, blunt weapons/chemical weapons/tear gas, warning shots, paralyzing shots with rubber bullets and in emergency situations using live ammunition. The handling by the police (brimob) against anarchic actions on the island of Haruku include the following: Conduct legal guidance and counseling to the community on Haruku Island Conduct coaching and training for members of the police on procedures for handling anarchic acts committed by certain groups. Carrying out a guard consisting of 3 zones, namely the green zone, yellow zone, and red zone; and If a violation occurs, then the member of the police who commits the violation can be processed and given sanctions in accordance with the rule of law.
Peran Detasemen Khusus 88 Anti Teror Kepolisian Negara Republik Indonesia dalam menanggulangi Paham Radikalisme Di Kota Ambon Siauta, Dody Alfayed; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2455

Abstract

Introduction: Densus 88 AT Polri received information and succeeded in thwarting a plan for amaliah or an act of terror against one of the churches in Ambon City, Maluku Province. As long as they survive, both the terrorists and the families of the suspected terrorists are still the responsibility of Densus 88 Polri.Purposes of the Research: to examine efforts to overcome radicalism and the obstacles faced by the Special Detachment 88 Anti-Terror of the Indonesian National Police in Ambon City. The type of research used in this research is empirical juridical. The research location is the Maluku Regional Task Force Densus 88 in Ambon City.Methods of the Research: empirical juridical. The research location is the Maluku Regional Task Force Densus 88 in Ambon City.Results of the Research: efforts to tackle radicalism by the Special Detachment 88 Anti-Terror of the Indonesian National Police in Ambon City are through a preventive strategy, namely carrying out surveillance activities; including closed supervision of suspected terrorists with the aim of collecting as much information as possible from suspected terrorists, both the personal data of the suspected terrorists and the daily activities of the suspected terrorists. The second is carrying out social identification activities (Idensos) as a deradicalization effort, namely by visiting ex convicts by providing assistance to ex convicts with the aim that ex convicts can be helped and can continue a better life as Indonesian citizens who are far from radicalism. Third, counter-radicalization efforts, namely collaborating with the Office of the Ambon City Ministry of Religion to provide counseling to various schools so that they can avoid radicalism. The next strategy is to carry out repressive efforts, namely taking action against suspected terrorists who will carry out acts of terror commonly called amaliah acts, both those that are still in the planning stages and after the implementation of terrorist acts. In addition, the obstacles faced by the Special Detachment 88 Anti-Terrorism of the Indonesian National Police in Ambon City include a lack of personnel both conducting surveillance and social identification, the lack of informants from the public who have direct contact with suspected terrorists, terrorist families and ex-terrorist convicts who are not willing to return to the notion of nationalism and still hold fast to the thoughts and understanding of radicalism.
Pertimbangan Hukum Hakim Dalam Kasus Tindakan Pencurian Kendaraan Bermotor Yang Di Lakukan Oleh Anak Alfons, Revalno; Titahelu, Juanrico Alfaromona Sumarezs; Taufik, Iqbal
TATOHI: Jurnal Ilmu Hukum Vol 4, No 4 (2024): Volume 4 Nomor 4, Juni 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i4.2434

Abstract

Introduction: one of the motor vehicle theft cases is the Ambon District Court decision No. No.12/PID.SUS-ANAK/2021/PN.AMB which states that Ammar Peisamal alias Ammar was convicted of "grave theft" as explained in the Criminal Code article 363 paragraph (1).Purposes of the Research: This study aims to examine and discuss the actions of the perpetrators who have fulfilled the elements in Article 363 paragraph (1) of the Criminal Code and examine and discuss the basis for the judge's legal considerations in imposing a prison sentence of 2 years and 6 months on the perpetrator.Methods of the Research: the research method used is normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of gathering legal materials through literature studies and then analyzed through perspective using qualitative methods.Results of the Research: The results showed that the Ambon District Court Judge stated in his decision that the defendant had been legally and convincingly proven to have committed the crime of stealing this case and imposed a prison sentence on the defendant for 2 (two) years and 6 (six) months. The public prosecutor's indictment, the public prosecutor's demands and the judge's considerations in his decision have fulfilled all the elements of the offense and the conditions for imposing a sentence on the defendant. This is based on the examination at trial where the evidence submitted by the public prosecutor includes the statements of the witnesses and the statements of the accused which are interrelated. The testimony of the defendant admitted his actions and regretted it.
Penerapan Konsep Plea Bargaining Dalam Sistem Peradilan Pidana Terpadu Di Indonesia Paklioy, Ronny Putra Dirgantara; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2473

Abstract

Introduction: The principle of simple, fast and low cost justice is a principle in the Indonesian judicial system that requires the implementation of law enforcement to be able to provide protection and legal certainty in the judicial process. The plea bargaining system is one of the alternatives that can be used to overcome the burden of cases in court and realize the principle of simple, fast and low cost justice as a principle in the Indonesian criminal justice system optimally.Purposes of the Research: The purpose of this paper is to review and analyze the application of the plea bargaining system and the obstacles in the application of the plea bargaining system in the Indonesian justice system.Methods of the Research: The method used in this writing is normative juridical with a statutory approach, comparative approach, and concept approach.Results of the Research: Based on this paper, it can be concluded that plea bargaining system is a part of criminal justice system that is developed and maintained by many countries up to now, both countries with common law system and countries with civil law system. Plea bargaining system is a system that has not been recognized in the Indonesian judicial system, however, this system can be a solution to the problem of accumulation of cases in the courts, the implementation process must be carried out comprehensively, and adjustments need to be made to the Indonesian criminal justice system so that it can be implemented and implemented optimally and effectively.
Penerapan Daya Paksa dalam Penyelesaian Perkara Penganiayaan yang dilakukan Korban Terhadap Pelaku Begal Syauta, Eko Prasetio; Titahelu, Juanrico Alfaromona Sumarezs; Leasa, Elias Zadrach
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.v4i7.2464

Abstract

Introduction:  Forced power in criminal law is the most important part and cannot be separated from criminal acts to measure and determine a grant of accountability to someone who commits a crime and is regulated in Article 48 of the Criminal Code which states: Whoever commits an act due to the influence of coercive force, is not can be punished. However, in the case that occurred at the Kepanjen District Court in Malang district, it gave the opposite decision regarding the abuse case committed by the victim MZA against the robber by giving MZA a guilty verdict for legally committing maltreatment which caused the death of a person as stipulated in Article 351 of the Criminal Code.Purposes of the Research: To find out and analyze the process of resolving cases of abuse committed by victims against robbers, to find out and analyze the judge's legal considerations regarding the criminal act of abuse committed by the victim against the robber.Methods of the Research:  The research method used is Normative Juridical, Type of research is Descriptive Analytical, Sources of legal materials: Primary, Secondary and Tertiary, Techniques for collecting legal materials using Literature Study, Analysis of legal materials using Qualitative methods.Results of the Research:  The results of the study show that: 1. Sanctions were given to MZA as the perpetrator of the persecution that caused the death of a person (in this case the victim of mugging) committed by the victim MISNAN and MAD (in this case the perpetrator of the robbery) in Decision Number 1/Pid.Sus- Anak/2020/PN.Kpn should not have been dropped on MZA because the act can be categorized as an act committed under coercive circumstances as stipulated in Article 48 of the Criminal Code. 2. Overall in Decision Number 1/Pid.Sus-Anak/2020/PN.Kpn the Panel of Judges has considered the existence of acts of self-defense in the case. However, according to the author, the Panel of Judges did not consider the legal facts at the location a case incident that forced and threatened MZA so that he could not escape which led to the act of taking out a knife and stabbing him as part of MZA's self-defense efforts
Optimization of Criminal Justice in Identifying Corruption Patterns in Government Administration and Development in Maluku Latupeirissa, Julianus Edwin; Titahelu, Juanrico Alfaromona Sumarezs
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 1, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.%p

Abstract

Maluku Province, with its archipelagic characteristics, experiences the impact of corruption in nearly all its regencies and cities, where government officials often collaborate with private entities in corrupt practices. This study aims to discuss the optimization of the criminal justice system in identifying corruption patterns in government administration and development in Maluku Province. The research employs an empirical approach. The findings reveal five distinct corruption patterns in government administration and development in Maluku Province, jointly perpetrated by regional government officials and private actors. These patterns include land price manipulation, contract price inflation, overpayments, tax fraud, and fictitious activities.The study concludes that optimizing the role of the criminal justice system in identifying corruption patterns requires strengthening the institutional capacity of the Indonesian National Police (Polri) in its duties as a recipient of reports, investigator, and examiner of corruption cases. Moving forward, a more intensive coordination among all state institutions involved in criminal justice is necessary to support the government in addressing the growing issue of corruption
Co-Authors Alfons, Revalno Corputty, Patrick Hahury, Charly Timothy Katayane, Carlo Jean Laimu, Wa Narti Latue, Salmon Latumaerissa, Denny Latupeirissa, Julianus Edwin Leasa, Elias Zadrach Leasa, Elias Zadrack Lewerissa, Yanti Amelia Mataheru, Hendarina Nugroho, Adi Purwo Paklioy, Ronny Putra Dirgantara Pasorong, Wiranata Rengrengulu, David Masaluri Reunussa, Mahalia Saimima, Judy Marria Salamor, Anna Maria Salmon, Hendrik Siauta, Dody Alfayed Sujud, Muhammad Satrio Supusepa, Reimon Syauta, Eko Prasetio Taufik, Iqbal Ubwarin, Erwin Yuniar, Dita