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Pertimbangan Hukum Hakim Dalam Penjatuhan Pidana Perkara Pencurian Pemberatan (Vide Pasal 363 Ayat 1 Kuhpidana) Malaihollo, Aditya Putra Mentari; Pasalbessy, John Dirk; Sopacua, Margie Gladies
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1961

Introduction: There are several types of theft crimes ranging from ordinary theft crimes (Article 362 of the Criminal Code), light theft crimes (Article 364 of the Criminal Code), crimes of aggravated or qualified theft (Article 363 of the Criminal Code), crimes of violent theft (Article 365 of the Criminal Code), crimes of theft in within the family (Article 367 of the Criminal Code) with a maximum sentence of 7 years in prison.Purposes of the Research:Analyzing and reviewing the application of Article 363 Paragraph (1) of the Criminal Code in resolving cases of theft and Analyzing Article 363 Paragraph (1) of the Criminal Code can be used as a basis for consideration in cases of theft with violence, as one of the requirements in completing studies at the Faculty of Law.Results of the Research:In the application of article 363 in the case of theft, the elements of article 363 can be applied, namely: Whoever, Takes something, With the intention of being owned, is against the law and is carried out at night in a house or a closed yard with a house. When all the elements in article 363 are met, the perpetrator's actions are determined as theft with weights but in the decision N0 18/Pid.B/20202/PN Msh this is not the case because the judge's decision is still too light even though the defendant's actions meet the weighting elements. Article 363 can be used as a basis for judges' considerations because the elements in Article 363 can be used by judges as a basis for consideration before the judge decides on a theft case, but in decision N0 18/Pid.B/20202/PN, the judge does not see the elements that have been fulfilled. by the defendant's actions so that the judge handed down a decision that was not in accordance with the provisions of Article 363 of the Criminal Code.

Aspek Hukum Pidana Perampasan Jenazah Akibat Covid-19 Menurut Undang-Undang Nomor 6 Tahun 2018 Tentang Kekarantinaan Kesehatan Pattinama, Kevin Gilbert; Pasalbessy, John Dirk; Latupeirissa, Julianus Edwin
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2104

Introduction: The community plays an important role in complying with Government regulations and policies in suppressing the chain of transmission of Covid-19, for example, wearing masks, maintaining cleanliness, washing hands, and so on.Purposes of the Research: The purpose of this study is to provide an overview of the qualifications of the crime of taking the corpse of Covid-19 according to the statutory regulations and the obstacles to investigating the crime of taking the body of Covid-19.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. Result of the Research: The results of this study show that a criminal act of confiscating a corpse due to Covid-19 was committed by unscrupulous residents of Batu Merah Village, Ambon City. In the Judge's decision, the defendants had fulfilled the criminal element, namely the existence of actions from everyone who did not comply with the implementation and/or obstructed the implementation so that it caused a Public Health Emergency. With the higher rate of transmission of the virus, investigators are afraid to face face to face to examine suspects or witnesses. Therefore, the government needs to make specific regulations regarding the criminal act of confiscating the corpse of Covid-19.

Pendekatan Restorative Justice Dalam Penyelesaian Konflik Antar Negeri Di Saparua Manawan, Edgar Erlangga; Pasalbessy, John Dirk; Hattu, Jacob
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.v3i12.2111

Introduction: Indonesia in handling conflicts in general is mostly resolved by using the concept of a customs approach: Like the conflict in the Saparua Archipelago, the conflict between Haria and Porto took place from 2011 to 2013, conflicts caused by Boundary Disputes in Air Raja, and brawls school children involving students from Negeri Haria and students from Negeri Porto.Purposes of the Research: This writing aims to find out how the Restorative Justice Approach Process is carried out by the Saparua Police in resolving interstate conflicts in Saparua, as the aim of which is to find out what are the benefits and obstacles encountered in implementing the restorative justice approach.Methods of the Research: This research method is empirical juridical research and uses a sociological approach with the community, data collection techniques through interviews and documents obtained from the library and the authorities, data processing techniques, namely by editing to find out that the data collected is sufficient good or not in supporting problem solving, Data Analysis Method uses qualitative analysis techniques.Results of the Research: The results of the study show that the restorative justice approach applied to social conflicts in Saparua countries is very good and in accordance with the traditional customs of the Saparua people in resolving conflicts, and with the existence of a restorative justice approach it provides certainty of justice for victims, perpetrators and society and conflict resolution is recognized in the eyes of the law because it is a mechanism of the criminal justice system.

Criminal Sentence Disparity of Village Funds Abuse In Maluku Corputty, Patrick; Pasalbessy, John Dirk; Hattu, Jacob; Salamor, Yonna Beatrix
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1155

Introduction: Difference or disparity in sentencing is one of the important topics in criminal law. The disparity in sentencing means that there are differences in the amount of punishment handed down by the court in cases that have the same characteristics.Purposes of the Research: The purpose of this study is to find out why there is a disparity in criminal penalties in court verdicts in cases of corruption in the misuse of village funds in Maluku.Methods of the Research: This study uses a normative juridical method.Results of the Research: Based on the results of the study, essentially the disparity in imposing criminal penalties in court verdicts on corruption cases of misuse of village funds is due to strafmaat (criminal threats) for different perpetrators.

Penegakan Hukum Di Wilayah Laut Pada Wilayah Perbatasan Negara Bormasa, Adolof; Pasalbessy, John Dirk; Ubwarin, Erwin
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Introduction: In the regulation of law enforcement, especially law enforcement in the sea area at the state border, almost all laws and regulations have accommodated the authority of each institution in carrying out law enforcement in the state border area, therefore it must be carried out properly so that it can realize security in the state border area. Purposes of the Research: To analyze regulations related to law enforcement in the sea area in the border area of the State Methods of the Research: The type of research used in this paper is in the form of normative juridical legal research, namely legal research regarding the regulation of authority and the implementation of the authority given by positive legal provisions factually in each particular legal event that occurs in the border area of the State, the research approach used is statutory approach, the sources of legal materials used are secondary and tertiary sources of legal materials and the collection of legal materials in this study is normative juridical. Results Originality of the Research: The results of the study show that regulations related to law enforcement in the border areas of special states of the sea have overlapping arrangements. The government and local governments in the border areas in carrying out law enforcement in the state border areas in the sea area have not been maximal in law enforcement, partly because of the limited law enforcement infrastructure in the state border area with the area of the state border which is not directly proportional to the number of law enforcement personnel who is in the field. Law enforcement in national border areas as regulated in laws and regulations is not effective because there is no integrated synchronization and coordination in carrying out law enforcement in the country's border areas

Kebijakan Penegakan Hukum Terhadap Kepemilikan Senjata Api Ilegal Sandera, Denny; Pasalbessy, John Dirk; Salmon, Hendrik
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Introduction: Distribution and use of a firearms illegally in Maluku during social conflict in the last few years is often cause many problems. Because after the conflict, a fight between village often use a firearm. Since the conflict in 1999, the use of firearms both organic and local homemade, widely circulated in the community. Purposes of the Research: Examine the legislation approach on law enforcement againts illegal possesion of firearms in the Maluku Regional Police juridiction and the constraints that faced. Methods of the Research: This research is juridical normative, using various primary and secondary legal materials. Data analysis is descriptive qualitative. Results Originality of the Research: Lew enforcement againts firearms possesion and abuse crime done by oleh Maluku Regional Police in the form of preemptive, preventive and repressive acts. In the law enforcement, Maluku Regional Police not always done enforcement, but also applying discression by freeing from legal sanction for the owner of the firearms that willing voluntarily to gave the firearms that they have. The constraints faced in the law enforcement was internal (lack of personnel, equipment and facilities, lack of officers knowledge supervision) and external (regulation are no longer appropriate, wide area, weak coordination and society cooperation).

Pertanggungjawaban Hukum Perbuatan Praktek Tukang Gigi Ongkiwijaya, Imelda; Pasalbessy, John Dirk; Hehanussa, Deassy Jacomina Anthoneta
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10677

Introduction: The practice of dental artisans which is now increasingly mushrooming in the community seems to have caused serious problems, namely victims of practices that are not in accordance with procedures. Several cases indicate that it turns out that the practice of dental artisans has become one of the people's choices given the low cost and practicality in providing services, even though medically the consequences are often not considered, and if a victim arises, the legal issue is whether dental artisans can be held legally responsible, if so, what form? liability under civil law and criminal law, even according to health law itself. Purposes of the Research: The purpose of this article is to examine and anylize forms of legal protection for the victim in the practice of dental artisan. Methods of the Research: Answering the legal issues of this research, the research method using normative legal research is supported through a statutory approach, a concept approach and a case study approach. The sources of legal materials are primary, secondary and tertiary sources of legal materials collected through literature study and several documents which are then analyzed using qualitative analysis. Results of the Research: The results of the study concluded that judging from the health law and the law on the practice of medicine and dentistry, it is clear that the dentist profession is one of the academic professions that must be pursued through formal academic education in higher education so as to obtain a dental professional degree, while dental artisans also get education although not through formal education. Likewise with their professional practice, both dentists and dental artisans have a clear practice basis, namely the law on medical practice and the Regulation of the Minister of Health, where in these regulations it is emphasized that apart from permits as well as reporting and supervision carried out by the Health Office where dental artisans perform practice. It turns out that not a few dental artisan practices do not get a permit, even in practice there are many cases such as the installation of dental braces, cleaning and installation of teeth that are not up to standard, resulting in victims who, when viewed from the law on the health of the victim, need legal protection. One form of protection is legal liability, both according to civil law and according to criminal law.

Prinsip In Absensia Dalam Pemeriksaan Tindak Pidana Korupsi Ditinjau Dari Perspektif Due Process of Law Atapary, Adolf Erens; Pasalbessy, John Dirk; Wadjo, Hadibah Zachra
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 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.v1i1.9049

Introduction: Courts in absentia in corruption have been pros and cons to date, there is an assumption that court in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand The trial in absentia can be carried out as long as the whereabouts of the defendant are not known at all so that he cannot be presented at the trial trial due to running away (fugitive). Purposes of the Research: This writing aims to analyze and explain the existence of justice in absentia in the implementation of the criminal justice system in Indonesia in accordance with the principle of due process of law, to analyze and discuss the nature of the principle of due process of law in ensuring legal certainty and justice in the examination of criminal cases. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery. Results of the Research: The results of the study indicate that the judiciary in absentia can be implemented and does not violate human rights as long as it is implemented through the correct procedure and based on the provisions of the law. The trial in absentia aims to break the deadlock in the examination of defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of being related to corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the State through a court decision.

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