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Perlindungan Hukum Terhadap Anak Sebagai Korban Leasa, Elias Zadrach; Latupeirissa, Julianus Edwin; Tuhumury, Carolina; Nussy, Jennifer Ingelyne; Supusepa, Reimon
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1866

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

Laporan Penelitian Kemasyarakatan Sebagai Bahan Pertimbangan Hakim Dalam Penjatuhan Pidana Terhadap Anak Mataheru, Fioren; Lewerissa, Yanti Amelia; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 1 (2024): Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i1.2119

Introduction: Community research (LITMAS) is one of the main tasks of Correctional Centers (Bapas). This task is carried out by the Social Guidance Functional officer. This Litmas aims to provide recommendations in the process of resolving child cases.Purposes of the Research: Research Objectives: This study aims to find out whether social research reports have been used by judges as material for consideration in imposing crimes against children and what are the legal consequences of a judge's decision without considering social research reports.Methods of the Research: The research method used is normative juridical research where library materials are the basis for (knowledge) research which is classified as a secondary source material. The problem approach used is the statutory approach, the conceptual analysis approach and the case approach. The legal materials used are primary, secondary and tertiary legal materials. The collection technique used literature study as well as the processing and analysis techniques of legal materials by way of description using qualitative methods.Results of the Research: The research results show that social research reports have not been considered optimally because there are still judges' decisions that ignore social research results. This is not in accordance with the hope of realizing the best justice for the interests of children provided by the SPPA Law. Therefore, the Government as the legislator must explain in detail how social research reports must be considered, so that judges do not have different interpretations when deciding cases.

Penegakan Hukum Pidana Terhadap Penjual Minuman Beralkohol Jenis Sopi di Maluku Tengah Laga, Alif Farhan; Lewerissa, Yanti Amelia; Tuhumury, Carolina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13817

ABSTRACT: All types of alcoholic beverages, including liquor, have been around for a long time. Private consumption of liquor is considered unlawful. Law enforcers have difficulty eradicating the habit of consuming alcohol which has become embedded in society. Regional Regulation No.02 of 2015 in Maluku, especially in Salahutu District, regulates the control and distribution of alcoholic beverages. If someone does not have a business license to sell liquor, they will lose out on funds. In Maluku itself, many people sell liquor in the form of sopi illegally or without an Alcoholic Drinks Trading Business License (SIUP-MB). The aims of this research are (1) to examine and analyze law enforcement for providers or sellers of sopi type alcoholic drinks in Central Maluku, and (2) to study and analyze the concept of criminal law enforcement against providers or sellers of sopi type alcoholic drinks in Central Maluku. In this research, the author uses empirical juridical law. For resource persons, involving residents in Liang village who often consume sopi alcoholic drinks, traditional leaders, Liang village government staff, and Babinkamtibmas. Data collection techniques in research are divided into 2, namely, literature study and field study. Based on the research results, it can be seen that the penalties governing alcoholic beverages are very weak so that they do not impose criminal sanctions on sellers of illegal alcoholic beverages, only goods (sopi) are confiscated as evidence. A draft law on alcoholic beverages should be created to resolve all problems related to alcoholic beverages, including sectoral regulations, non-uniform regional regulations, and law enforcement.

Sosialisasi Kebijakan Penanggulangan Penggunaan Alat Tangkap Yang Tidak Ramah Lingkungan Di Bidang Perikanan Hehanussa, Deassy Jacomina Anthoneta; Lewerissa, Yanti Amelia; Tuhumury, Carolina
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2480

Introduction: The use of fishing gear that is not environmentally friendly in fishing activities is often carried out by people around the Seram Sea, especially fishermen in West Seram Regency. This shows the lack of public understanding of the negative impacts caused by destructive fishing activities. Even though there are various regulations governing capture fisheries activities that are not environmentally friendly.Purposes of Devotion: Community service carried out through outreach activities to the Kairatu Village community regarding the Socialization of Policies for Handling Unenvironmentally Friendly Fishing Gear in the Fisheries Sector. Method of Devotion: The method used in the First Stage: we carried out initial data collection to determine the needs of the Kairatu Village community. Second stage: we process the initial data and then present it through outreach activities. Third Stage: we provide outreach to both village officials and the community who attend. Fourth Stage: we carried out final data collection to evaluate the socialization we carried out.Results of the Devotion: As a result, the community understands the impact of using fishing gear that is not environmentally friendly in the fisheries sector as well as the legal consequences that arise if the community continues to carry out destructive fishing activities using fishing gear that is not environmentally friendly.

Diversi Dalam Kasus Persetubuhan Yang Dilakukan Oleh Anak Resimanuk, Tesalonika Altje; Wadjo, Hadibah Zachra; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2443

Introduction: Diversion can be carried out based on Article 7 (seven) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and based on Article 3 of Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion. But in fact, when the case of intercourse by this child reached the court stage, the judge thought that diversion could be carried out and resulted in a diversion agreement, namely being placed in the Social Welfare Organizing Institution (LPKS) for 3 (three) monthsPurposes of the Research: The aim of the research is to examine and discuss how diversion is in cases of sexual intercourse by children. To examine and discuss the impact of diversion in cases of sexual intercourse by childrenMethods of the Research: The research method used is normative juridical. The problem approach used is the Conceptual Approach, Legislation Approach, and Case Approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature study and analyzed using qualitative analysis methods.Results of the Research: Based on the results of the research and discussion that has been carried out, it can be seen that the settlement of cases taken by the authors has not been fully implemented properly, where the application of diversion against children has not been on target because it can be seen from the crime committed by the child, namely intercourse. Children really need to get good legal protection by the state. But what needs to be known is that diversion is not a peaceful effort against children in conflict with the law with victims or their families, but a form of punishment against children who are in conflict with the law in an informal way. Judging from the crime committed, diversion cannot be carried out because this cannot have a deterrent effect on children and the possibility of doing so in the future may occur. From the problems that occur, the impact will be positive or negative. The positive impact is that children can avoid the stigmatization of bad children from society and can make it easier for children to interact with society again. On the other hand, the negative impact is that it does not have a deterrent effect on the child

Perlindungan Hukum Terhadap Anak Yang Menjadi Korban Tindak Pidana Pencabulan Polnaya, Marselio F. H.; Supusepa, Reimon; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2466

Introduction: The criminal act of molestation of children is a crime that violates morality, immorality and religion.Purposes of the Research: analyze the form of legal protection for children who are victims of criminal acts of obscenity, and to be able to find out the efforts to deal with children who are victims of criminal acts of obscenity.Methods of the Research: victims of sexual abuse. The type of research used is "Normative Juridical" research, and is descriptive analysis in nature, the research approach uses a statutory approach, a case approach, and a conceptual approach. The technique of collecting legal materials through library research, then analyzing the legal materials used is qualitativeResults of the Research: The implementation of child protection in the form of state responsibility is that the responsibility of the state for the promotion of children's rights is not just a legal responsibility, but a constitutional responsibility and human rights that have been recognized internationally. So it is every member of the community who seeks to protect children according to their abilities with various kinds of efforts in certain situations and conditions. Every citizen is also responsible for implementing child protection for the sake of child welfare, because child protection has a positive influence on parents, family, society, government and the state. Coordination of collaborative child protection activities needs to be carried out in order to prevent an imbalance in overall child protection activities. Efforts to deal with criminal acts of sexual abuse of minors can be carried out in two ways, namely prevention and management if criminal acts of sexual abuse of children have already occurred

Factors Causing Destructive Fishing in the Waters of the West Seram Sea Hehanussa, D. J. A; Lewerissa, Yanti Amelia; Hattu, Jopy; Tuhumury, Carolina
International Journal of Science and Society Vol 6 No 1 (2024): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i5.886

The use of fishing gear that is not environmentally friendly, which has led to the emergence of destructive fishing activities, is still carried out by fishing communities around the waters of West Seram. The aim of this research is to examine and analyze policies for dealing with the use of non-environmentally friendly fishing gear in the fisheries sector in West Seram Waters. The research method in this research is normative legal research equipped with a socio-legal approach. The approach used in this research is a statutory approach and a conceptual approach. The data collection technique is a literature study and is complemented by field data obtained through observation and in-depth interviews with stakeholders. Next, the data was analyzed qualitatively. The research results show that the fishing communities in Hatusua Village, Kamal Village and Waisarisa Village, which are located around the West Seram Waters, often use fishing gear that is not environmentally friendly when catching fish. The factors that cause them to carry out destructive fishing are factors such as a fairly long span of control making supervision difficult, economic needs; very simple fishing gear; providing assistance is not on target; Pokmaswas are less empowered; and lack of supervision between institutions. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches.

Kewenangan Pembimbing Kemasyarakatan dalam Melakukan Diversi Pra Ajudikasi (Studi pada Balai Pemasyarakatan Kelas II Ambon) Nusaly, Angelina Imanuela Debby; Pattipawae, Dezonda Rosiana; Tuhumury, Carolina
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 2023 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v1i2.11192

The criminalization of children who commit criminal offenses requires a community research report from the Correctional Center, which in this case is made by the Community Supervisor as regulated in the provisions of article 1 number 13 of Law No. 11 of 2012 concerning SPPA. One of the cases handled by the Community Supervisor is a case of persecution, based on police report Number B/113VII/1019/Reskrim. The client underwent an examination process at the Ambon Island and Lease Islands police station for allegedly committing the crime of persecution as referred to in Article 170 paragraph (1) of the Criminal Code (KUHP). The purpose of this research is to ask for consideration or advice from the Community Supervisor after the criminal offense is reported and the Community Supervisor is also not involved in the diversion process at the investigation stage. This Research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials. This research uses normative legal research methods and will be studied based on positive legal provisions, as well as legal principles. and using primary, secondary and tertiary legal materials.The result and discussion shows that the authority to determine Diversion is given to law enforcement officials handling children's cases,Community Research from the Investigator as stipulated in Article 28 of Law No. 11 of 2012 concerning SPPA. After the Community Supervisor conducts the research, the results of the community research will be given to the Investigator. If the Investigators do not ask for consideration or advice from the Community Supervisor in the attempted diversion process, it can be said that the diversion process at the investigation stage is null and void.

Penegakan Hukum Pidana Terhadap Perbuatan Cabul Bagi Mayat (Studi Putusan Nomor 62/PID.B/2020/PN.BNR) Marasabessy, Santy; Hehanussa, Deassy Jacomina Anthoneta; Tuhumury, Carolina
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13869

ABSTRACT: Obscene acts for corpses are very heinous and indecent. This action relates to the norms of decency, the honor of a person. The research method used is normative juridical using a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary, and tertiary legal materials. The analysis of the legal material used is qualitative analysis. The results showed that: in criminal law enforcement against lewd acts for corpses, the rule of law against the accused KIRAH ALIAS BOLOT PRIMARI. The defendant has been legally and conclusively proven guilty of murder and corpse molestation, therefore the author uses concursus in research as a thought and policy in following up the study of the verdict in this writing. In accordance with the facts of the trial that took place, according to the author, the sentence for the accused KIRAH must be toughened again in order to have a deterrent effect on the perpetrators.

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