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All Journal Gema Wiralodra TATOHI: Jurnal Ilmu Hukum Bacarita Law Journal
Supusepa, Remon
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Law, Crime, Criminology & Criminal Justice Other

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Penghentian Penyidikan Tindak Pidana Pembunuhan Dalam Kaitan Dengan Pembelaan Terpaksa Azis, Abdul; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Remon
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 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.v4i2.11990

Abstract

Forced defense (noodweer) is an act of defending oneself in a situation of pressure for an attack. In other words, in an act of self-defense, someone has received an unexpected or unknown attack. Any person who commits an act of forced defense for himself or another person, his own or another person's honor, morals or property, because there is an attack or threat at that time which is against the law, against himself or another person, against his own honor or morals or property. nor anyone else. The aim of this research is to examine and analyze the basis for terminating investigations into criminal acts of murder in relation to forced defense. And the termination of the investigation into the crime of murder in connection with the forced defense was in accordance with applicable procedures. This type of research is normative juridical in nature. The research type is descriptive-analytical. Sources of legal materials use primary legal materials and secondary legal materials. Techniques for collecting legal materials through literature study and qualitative analysis of legal materials. The results of the research show that the basis for terminating an investigation into a criminal act of murder in connection with forced defense is Article 49 paragraph (1) of the Criminal Code (KUHP), whoever commits an act of forced defense for himself or for another person, honor, morality or property. own or other people's property, because there is an attack or threat at that time which is against the law, against oneself or another person, against the honor of morality or one's own or another person's property. However, not all law enforcement officers have the authority to provide assessments in relation to Forced Defense (Noodweer), the law enforcement officers who have the authority to decide whether a criminal act of murder can be stopped in relation to forced defense are the Prosecutor at the prosecution stage and the Judge at the trial stage. And the termination of the investigation into criminal acts of murder in connection with the defense is forced to include cases that are in accordance with procedures, and there are also cases that are not in accordance with procedures.
Application of diversion in the investigation of criminal acts in the field of traffic against children Supusepa, Remon; Latupeirissa, Julianus Edwin; Patty, Jetty Martje; Nussy, Jennifer Ingelyne
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.v14i3.590

Abstract

The aim of this research is to analyze the application of diversion in restorative justice in the Juvenile Criminal Justice System. The type of research carried out is descriptive research with a normative legal research type related to the application of diversion in restorative justice in the criminal justice system. The results of the research show that the implementation of diversion in restorative justice in the system of implementing diversion for children who are in conflict with the law in the juvenile justice system, is the implementation of a system in restorative justice to provide justice and legal protection to children who are in conflict with the law without ignoring the child's criminal responsibility. Diversion is not a peaceful effort between children in conflict with the law and their victims or families, but rather a form of punishment for children in conflict with the law in an informal way. The recommendation in this research is that law enforcement officers, in carrying out their duties of investigation, prosecution, examination and determining case decisions at court hearings, should prioritize the application of diversion as an alternative to the application of imprisonment. There needs to be massive outreach regarding diversion to the community. The government should provide diversion facilities and infrastructure in order to guarantee protection for children.
Kajian Kriminologis Tentang Perkelahian Antar Anak (Studi Kasus Kecamatan Wearinama, Kabupaten Seram Bagian Timur) Rumadan, Salmiwati; Supusepa, Remon; Makaruku, Steven
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i4.609

Abstract

Introduction: Criminological study of fights between children in Werinama sub-district. Understanding child delinquency or Jusvenile delinquency of children's delinquency is an act or behavior that is anti-social.Purposes of the Research: This study uses an empirical method with legal materials used in the study are primary, secondary and tertiary with the use of observation techniques, interviews and documentation.Methods of the Research: The type of research used is empirical by looking the provisions realiting to the in the field, which is obtained from observatins and interview with key informants. The problem apporoach is the statute apporoach and the apporoach in accordance with the reality on the ground . the collection of legal materials throug primary legal materials is then linked to secndry legal materials . management and analysis f legal materials decribed qualitatively.Results of the Research: General description of the research location, the Werinama Bearda sub-district on Seram Island, and directly adjacent to the West Bula sub-district in the North, Banda Laut in the South, Kilmury in the east and borders with Siwalalat sub-district in the west side of fights between children in the Werinama Bersal sub-district from mutual grudge, mutual ridicule, misunderstanding, child delinquency. Efforts to resolve fights between children, namely through the Pre-emprit method, are efforts or efforts to prevent crime from the start, carried out by the police in which the action is psychological or moral in nature. The preventive method is an effort carried out with the aim of preventing the occurrence of crime by means of control and supervision, and the Repressive Method is an effort or action taken directly to eradicate violent crimes such as persecution by providing measures so that the treatment is deterred and does not return the crime.
Pertimbangan Hukum Hakim Dalam Putusan Pengadilan Negeri Ambon Nomor 306/Pid.B/2020/PN.Ambon Terhadap Perampasan Jenazah Covid-19 Dalam Prespektif Tujuan Pemidanaan Arnas, Bella Verawaty; Supusepa, Remon; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.661

Abstract

Introduction: Indonesia is currently being hit by the Corona Virus or Covid-19. Various efforts have been made in handling Covid-19.Purposes of the Research: To examine and discuss the accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine and To examine and discuss whether the judge's considerations in the decision of the perpetrators of the seizure of the Covid-19 corpse have fulfilled the purpose of punishment.Methods of the Research: This research is a normative juridical research type of descriptive analytical research, the sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials analysis techniques are inventory procedures and identification of laws and regulations, as well as classification and systematic legal materials according to research problems, while analysis of legal materials is both destructive and qualitative methods.Results of the Research: The results obtained from this study are: Accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine is criminalized and/or fined, and the judge's consideration in the decision of the perpetrators of the seizure of the Covid-19 corpse has fulfilled the purpose of punishment because it has fulfilled juridical considerations as well as non-juridical considerations. Then, in terms of the accountability of the perpetrators, more attention is paid to the teaching of participation because the confiscation of the bodies of Covid-19 is not only carried out by a few people with the participation and the judge's consideration in imposing a crime in the future will have a more deterrent effect on the perpetrators of criminal acts so that this event or incident does not happen again
Co-Authors Abdul Azis Arnas, Bella Verawaty Hehanussa, Deassy Jacomina Anthoneta Latupeirissa, Julianus Edwin Nussy, Jennifer Ingelyne Patty, Jetty Martje Rumadan, Salmiwati Sopacua, Margie Gladies Steven Makaruku