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Hehanussa, Deassy Jacomina Anthoneta
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Law, Crime, Criminology & Criminal Justice

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Legalitas Penetapan Kerugian Keuangan Negara Oleh Aparat Pengawas Internal Pemerintah (APIP) Sebagai Dasar Memeriksa Perkara Korupsi Rumihin, Maria; Eliazer Marthen, Salmon Eliazer Marthen; Hehanussa, Deassy Jacomina Anthoneta
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.v3i2.8502

Abstract

To prevent and eradicate criminal acts of corruption in the bureaucracy of government institutions and prevent errors and irregularities in the implementation of duties by apparatus in the government bureaucracy, the existence of the government internal supervision apparatus (APIP) is considered very important to conduct internal supervision of government apparatus in carrying out government duties. However, the authority given by law to APIP is often not in line with APH (Law Enforcement Officers) often use the results of the State loss calculation report by APIP as a basis for prosecuting someone suspected of committing a Criminal Act of Corruption. This type of research is normative juridical. The type of research is descriptive-analytical. The source of legal materials uses primary legal materials and secondary legal materials. Techniques for collecting legal materials through literature study and qualitative analysis of legal materials. The results showed that the only institution that has the authority to calculate and determine State Financial Losses is the Audit Board by attribution given by the Constitution Therefore, every charge committed by APH (Law Enforcement Officer) must be null and void or can be canceled because it is not in line with existing regulations.
Kebijakan Kriminal Tindak Pidana Illegal Logging Di Kabupaten Kepulauan Aru Agusteyn, Moses; Hehanussa, Deassy Jacomina Anthoneta; Lewerissa, Yanti Amelia
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (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.v4i1.9412

Abstract

The criminal act of illegal logging is a crime against forest destruction in terms of the forestry sector. Where the crime includes logging which is carried out in areas where the forest is used illegally or without permission from the government or the authorities. Currently in the Aru Islands, the crime of illegal logging is one of the most serious crimes and is difficult to eradicate. The purposes and uses of this thesis research are: 1) What are the forms of dealing with illegal logging crimes in the Aru Islands; and 2) What is the criminal policy for dealing with illegal logging in the Aru Islands.
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.
Penerapan Ajaran Pembelaan Terpaksa Dalam Perkara Putusan Nomor 372/ Pid.B / 2020 /PN Pdg Somarwane, Femmy Almendo; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
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.v3i10.1962

Abstract

Introduction: The forced defense is a reason for eliminating the nature of breaking the law (wederrechtelijkheid or onrechtmatigheid), so the reason for eliminating the nature of a criminal act (strafuitsluitings-grond) is also said to be the reason for justifying or justifying actions that are generally criminal acts (rechtvaardigings-grond) called fait justi ficatief.Purposes of the Research: The purpose of this study is to analyze and explain the qualifications of forced defense in a criminal case, examine and explain the basic legal considerations in Decision Number 372/Pid.B/2020/PNPdg. The type of research used is normative juridical with qualitative analysis methods. The problem approach used is the conceptual approach, statutory approach and case approach. Sources of legal materials consist of primary, secondary and tertiary legal materials.Results of the Research: The results of the study show that in principle the Criminal Code indirectly provides an overview of forced defense that what is meant by forced defense is a defense of rights against injustice where a person is forced to commit a crime, can be forgiven because there was a violation of law that preceded the act. In making his decision, the judge has considerations consisting of juridical considerations and sociological considerations. Juridical considerations are judges' considerations that are based on juridical facts revealed in court and in the law that have been stipulated as matters that must be included in the decision. Sociological considerations are a judge's considerations that use approaches to background, socio-economic conditions and values that exist in society in making a decision.
Kajian Yuridis Kesaksian Palsu Dalam Pembuktian Tindak Pidana Latupeirissa, Christi Marvel; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1891

Abstract

Introduction: Evidence is a very decisive factor for judges in making decisions. Witnesses are needed in explaining a case. In giving testimony, witnesses must provide truthful information. In order for witness testimony to be considered valid, it must meet the conditions specified in the Criminal Procedure Code. A statement given under oath where the content contradicts the truth both in a positive sense, namely giving false information (fabricating) or in a negative sense, namely hiding the truth, is also called perjury.Purposes of the Research: to analyze explaining that false testimony is a crime as well as the mechanism for handling or legal remedies against false testimony in proving a crime.Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books.Results of the Research:  the construction of false testimony in the Criminal Code must fulfill the element of testimony that must be under oath. The statement must be required by law or according to regulations that determine the legal consequences of said statement, the statement must be false (incorrect) and this falsehood is known to the giver of the statement. Second, proving the act of justifying false testimony in criminal procedural law can be carried out if the witness continues to defend his statement until the witness examination is complete, then a criminal act of perjury occurs which is then supported by a decision stating that the defendant has not been legally and convincingly proven and the judge orders the defendant to immediately released from custody so that this will become the subject of a new case that can be reported by the defendant's lawyer or the defendant himself
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 Jacomina Anthoneta
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

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.
Pertanggungjawaban Pidana Bagi Anggota TNI Yang Menjual Amunisi Ke KKB Papua Terhadap Disparitas Putusan Pengadilan Yang Berbeda Wijoyo, R Ach Agus Purno; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2169

Abstract

Introduction: The misuse of ammunition by Indonesian National Army personnel by selling to Separatist Armed Criminal Groups  in Papua is an important concern for Indonesian National Army leaders and emphasis from the upper command if there are Indonesian National Army personnel who misuse firearms and ammunition to be processed in accordance with applicable law.Purposes of the Research: Analyse and formulate the criminal liability for Indonesian National Army members who sold ammunition to Papuan KKB separatists against the disparity of different court decisions.Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials through literature studies and then analysed through perspectives using qualitative methods.Results of the Research: Criminal liability for a defendant, especially in the case of misuse by selling ammunition to the Separatist Armed Criminal Groups in Papua against different verdicts (disparity of verdicts) must be seen from a legal point of view and standards applicable in the military, in the context of the Indonesian National Army selling ammunition to the Separatist Armed Criminal Groups or to Separatist Armed Criminal Groups sympathisers must get a fair legal process and the decision is based on the evidence presented in accordance with the legal facts. Although the legal process in court must run fairly and objectively, it is possible that court decisions can be different in the same case and the same article.
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

Abstract

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.
Penerapan Ajaran Kausalitas Pada Kecelakaan Lalu Lintas Yang mengakibatkan Kematian Eugara, Lukas Putra; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
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.v4i6.2456

Abstract

Introduction: The teaching of causality in criminal law or better known as a causal relationship is very interesting. There are various theories of causality known in criminal law. These theories were born to answer one important question in criminal law, namely what is the cause of an effect. Often in the event of a traffic accident the focus in solving is only on the facts of the incident but the presence of causality becomes a filter to see which is the cause of the effect.Purposes of the Research: This study aims to analyze and discuss the application of causality to traffic accidents that result in death.Methods of the Research: This research is a normative legal research. In this study, the approach used is the legal approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials is by means of library research by collecting materials through invitations, reference books, mass media, such as newspapers. The overall data in this study were analyzed qualitatively.Results of the Research : The results of this study indicate that the application of the teaching of causality to traffic accidents resulting in death has its own problems where law enforcers, both the police, prosecutors and judges, always use the theory/doctrine of causality because the causality teaching has not been clearly defined, so the application that is present only one or two doctrines from the teachings of causality, be it the theory of conditio sine quo non, generalizing, individualizing, to relevance. Therefore it is very important to provide technical guidelines for judges and prosecutors in interpreting, exploring, analyzing, and applying the teachings of causality so that the process of finding causes that cause prohibited effects produces a truth.
Pendekatan Non Penal Dalam Penanggulangan Kekerasan Seksual Verbal Anak Lawalata, Kevin Izaac Enrique; Hehanussa, Deassy Jacomina Anthoneta; Wadjo, Hadibah Zachra
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.v4i8.2472

Abstract

Introduction: Child verbal sexual crimes are still a serious problem and this is a social disaster that worries society. This condition demands the protection of children.Purposes of the Research:  This study aims to analyze and discuss whether the non-penal approach is effective in dealing with child verbal sexual violence and what non-penal approaches can be used in tackling child verbal sexual violence.Methods of the Research:  The research method used is an empirical juridical research type. The research locations are the Gasira Maluku Foundation, Ambon 1 Public High School, Ambon 4 State Vocational School and the National Commission on Human Rights. Polulation, research samples of Gasira assistant staff, counseling teachers at SMA Negeri 1 Ambon, counseling teachers at SMK Negeri 4 Ambon and Komnas HAM analyst staff. Data collection through observation and interviews. Data processing and data analysis using qualitative methods.Results of the Research: The results of the study show that the non-penal approach is not yet effective in tackling child verbal sexual violence. This is because children's verbal sexual violence still occurs in schools and in society and is considered something that is normal or usually done to children. Even though verbal sexual violence is sexual violence that is carried out in a non-physical form against children, which is related to parts of the child's body and is related to sexual desire, resulting in intimidation, humiliation, humiliation, or embarrassment. Besides that, the lack of knowledge of school children, parents and the community regarding verbal sexual violence because they do not know what forms, impacts and non-penal approaches and penal approaches in dealing with child verbal sexual violence include. Forms of a non-penal approach that can be used in tackling child verbal sexual violence, namely conducting training, outreach to children and providing counseling and social education in order to develop sensitivity and social awareness of the community regarding the impacts that can arise from acts of child verbal sexual violence, the formation of the individual character of a group or community by providing moral education, religious education and handling child verbal sexual violence by the school and in the community through reprimands and advice to perpetrators not to commit violence and assistance to children as victims of verbal sexual violence.
Co-Authors Abdul Azis Adam, Sherly Agusteyn, Moses de Fretes, Petra Jon Eliazer Marthen, Salmon Eliazer Marthen Eugara, Lukas Putra Hattu, Jacob Hehalatu, Nurhalisa Julianti, Angelia Lyshandra Latupeirissa, Christi Marvel Latupeirissa, Julianus Edwin Lawalata, Kevin Izaac Enrique Lewerissa, Yanti Amelia Marasabessy, Santy Ongkiwijaya, Imelda Pasalbessy, John Dirk Putra, Aprilianto Pratama Rumihin, Maria Saimima, Berrygibs Jacob Saptenno, Marthinus Johanes Somarwane, Femmy Almendo Somoharjo, Hendrika Hutami Sopacua, Margie Gladies Supusepa, Reimon Supusepa, Remon Taberima, Rylke Marviano Taufik, Iqbal Tharob, Khusnul Tuhumury, Carolina Tuhumury, Carolina Jacomina Anthoneta Wadjo, Hadibah Zachra Wijoyo, R Ach Agus Purno