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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal Bacarita Law Journal PATTIMURA Law Study Review Matakao Corruption Law Review
Hehanussa, Deassy Jacomina Anthoneta
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Bagi Dalam Tindak Pidana Korupsi Saksi de Fretes, Petra Jon; Hehanussa, Deassy Jacomina Anthoneta; Hattu, Jacob
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.v4i7.2467

Abstract

Introduction: Legal protection for witnesses in corruption crimes is a form of service that must be provided by the government to witnesses to provide a sense of security.Purposes of the Research: The purpose of this study is to analyze and discuss legal protection for witnesses in corruption crimes according to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and to analyze and explain the mechanisms for providing legal protection to witnesses and victims by the LPSK.Methods of the Research: The method used is normative juridical with the Statute Approach, Conceptual Approach and Case Approach, and uses primary, secondary and tertiary legal materials.Results of the Research: The results of this study indicate that legal protection for witnesses in criminal acts of corruption according to Law No. 13 of 2006 must be given to witnesses since they are appointed as witnesses. This is to protect witnesses from actions outside the law that can harm witnesses. Then the mechanism for providing legal protection for witnesses should be that legal protection is a right for witnesses. Therefore, all mechanisms or procedural forms in providing protection must be eliminated by taking into account the urgency of providing legal protection for witnesses.
Pelaksanaan Rehabilitasi Bagi Warga Binaan Narkotika Somoharjo, Hendrika Hutami; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.14982

Abstract

Rehabilitation is a way or process of recovering narcotics abuse for addicts, abusers and victims who are carried out medically or socially in order to restore community members so that they no longer fall into narcotics. Rehabilitation is an alternative method determined by certain procedures and conditions. This study aims to analyze and explain the implementation of rehabilitation of prisoners of narcotics crimes in accordance with Law Number 35 of 2009 concerning Narcotics and Law Number 22 of 2022. Based on the analysis of the implementation of rehabilitation for prisoners of narcotics crimes, social rehabilitation activities are carried out by applying the Therapeutic Community method, which is a stage of rehabilitation where a person must strive to restore himself without being given facilities in general by carrying out the stages of recove. The results showed that based on the analysis of the implementation of rehabilitation for prisoners of narcotics crimes in accordance with Law Number 35 of 2009, although only social rehabilitation activities can be carried out by applying the Therapeutic Community method. This stage of rehabilitation is a stage of rehabilitation where a person must strive to restore themselves without being given facilities in general by carrying out stages of recovery. Meanwhile, the implementation of rehabilitation of prisoners in narcotics cases that can be carried out is only social rehabilitation while medical rehabilitation is the responsibility of BNN in collaboration with the Hospital.
Criminology of Sexual Acts Committed by Children Saimima, Berrygibs Jacob; Hehanussa, Deassy Jacomina Anthoneta; Sopacua, Margie Gladies
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2050

Abstract

Introduction: Child as an unlawful act committed solely as a reaction to pressure or pressure from within and from the child's environment.Purposes of the Research: The aim of this research is to examine and analyze the factors that cause children to commit crimes of sexual intercourse and to analyze and explain efforts to overcome criminal acts of sexual intercourse committed by children.Methods of the Research: The type research to be used is normative legal research, which is a study that examines positive legal provisions, legal principles, legal principles and legal doctrines to answer the legal issues faced.Results Main Findings of the Research: The results of this research show that children have sexual intercourse with children specifically, namely the child is in his teens and his psychological condition is still very unstable, resulting in the child not being able to think long and hard about the criminal act he committed. Efforts to overcome the crime of sexual intercourse committed against children are through preventive measures in a non-penal way, namely by educating the community and schools to monitor and pay attention to a person's activities or behavior so that they do not deviate. So when handling cases against children there needs to be maximum sanctions and punishments aimed at strong self-control so that they are not easily tempted to do something that is not good in their hearts and minds.
Kebijakan Hukum Pidana Terhadap Penjualan E-Book Bajakan Melalui Marketplace Tharob, Khusnul; Hehanussa, Deassy Jacomina Anthoneta; Taufik, Iqbal
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.17185

Abstract

Indonesia is one of the four countries with the highest piracy rate in the world. After software and music piracy, book piracy ranks third. Violations of books are increasingly occurring through reproductions, innovations and traditional works, as well as violations of works when other parties do not exercise the same rights. Author's rights, including the exclusive rights of the author. Apart from that, it could be considered a violation of the book owner's rights if another party reproduces the book. in amounts without transfer or Limitation. Increased buying and selling of books copied by other people who are not copyright holders is available on e-commerce platforms. Accelerating the fair use of law and technology in protecting copyright holders is very necessary. Apart from providing legal protection for copyright holders. The research results show that: (1) Selling pirated e-books through the marketplace can be qualified as a criminal act. Under the law in many countries, including Indonesia, this action violates copyright. Pirated e-books are works that are distributed without permission from the copyright holder. This violates existing Copyright Laws in many jurisdictions, including Indonesia; (2) As regulated in Article 10 of the Copyright Law, the management site is responsible for any copyright infringement that occurs in the site it manages. So, based on this, the marketplace can be held accountable in the event of a copyright violation in the form of a literary work (E-book) on the marketplace's platform. In the event of a violation of a literary work, the creator/copyright holder or their heirs can report/sue the seller and marketplace through litigation and non-litigation channels. However, in litigation efforts in the form of criminal proceedings, the enactment of the complaint offense makes legal action increasingly narrow.
Perlindungan Hukum Terhadap Anak Korban Prostitusi Online Melalui Aplikasi Michat Hehalatu, Nurhalisa; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Reimon
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (891.18 KB) | DOI: 10.47268/pela.v1i1.5897

Abstract

Introduction: This study discusses the legal protection of child victims of online prostitution through the MiChat application Purposes of the Research: Reviewing and discussing forms of legal protection for children who are victims of online prostitution through the MICHAT application and efforts to overcome online prostitution against children. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach. Results of the Research: The results of the study show that online prostitution of children through the Michat application is on the rise, the lack of coordination between agencies, and the lack of legal awareness in this case law enforcement officers, KPAI, NGOs, parents, and other community institutions, causing the handling of cases of online prostitution crimes. not maximal. Preventive efforts and repressive efforts carried out by law enforcement officers have not been able to provide maximum legal protection to children who are victims of online prostitution. Thus, mitigation efforts must be carried out optimally, in order to provide legal protection to children who are victims of online prostitution through the MiChat application
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

Abstract

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.
Perlindungan Hukum Terhadap Justice Collaborator di Indonesia (Analisa Putusan Nomor : 48/Pid.Sus/TPK/2016/PN.Jkt Pst) Taberima, Rylke Marviano; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 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.v1i2.11335

Abstract

Introduction: Corruption harms the country's finances and the socio-economy of society. Corruption tends to be committed by more than one person. Corruption crimes that have been caught by the Corruption Eradication Commission (KPK) have obstacles to revealing and detaining parties who have committed corruption crimes due to a lack of information or data. Then came the idea of the Justice Collaborator (JC), which was first known in America in the 1970s, namely cooperation to reveal the main mastermind of the corruption crime with the convict of corruption. The key role of a justice collaborator is to uncover a crime or the occurrence of a crime, so that the return of assets from the results of a crime can be achieved to the state. Purposes of the Research: Analyzing the urgency of Justice Collaborator corruption in Indonesia. Methods of the Research: The research method used is juridical-normative research. Data sources include primary data and secondary data. Data collection techniques through the study of documentation and data analysis used Qualitative Analysis. The problem approaches used in this research are statute, conceptual, and case approaches. Results of the Research: The results research the urgency or existence of a Justice Collaborator at the stage of Investigation in corruption in Indonesia is essentially to assist law enforcement officers in finding and finding facts related to crimes including corruption, which is difficult to disclose because the perpetrators of corruption more than one. The issue of legal protection for Justice Collaborator, LPSK law regulates the protection of witnesses including Justice Collaborator. Although in reality the process of determining the status of Justice Collaborator must be based on the submission of which institution handles the case. This is because the position of LPSK is only a sub-supporter in the criminal justice system so the recommendations of the Justice Collaborator LPSK can be obeyed or not obeyed.
Kewenangan Unit Tipikor Polres Seram Bagian Barat Terhadap Penyidikan dan Penuntutan Tindak Pidana Korupsi Dalam Rangka Penegakan Hukum Putra, Aprilianto Pratama; Saptenno, Marthinus Johanes; Hehanussa, Deassy Jacomina Anthoneta
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 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.v2i1.13514

Abstract

Introduction: Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, the criminal act of corruption not only harms state finances, but violates the social and economic rights of the community at large. Institutions that include law enforcement are the National Police, KPK, and the Prosecutor's Office. Among the three institutions, the National Police, in this case, the West Seram Police Investigation Unit (SBB) is an experienced institution in investigating various cases of its jurisdiction. Article 1 father (1) of the Code of Criminal Procedure An investigator is an official of the national police of the Republic of Indonesia or certain civil servant officials who are specially authorized by law to conduct investigations. While the prosecutor's office has the same duties and authorities in eradicating corruption specifically the Attorney General by Law Number 16 of 2004 also regulates the duties and authorities of the Attorney General, namely Articles 35, 36, 37 of Law Number 16 of 2 Purposes of the Research: Review and discuss the authority of the West Seram Police Corruption Unit (SBB) regarding Investigation and Prosecution in the context of law enforcement. Examine and discuss any inhibiting factors influencing the authority of the West Seram Police Corruption Unit (SBB) regarding the investigation and prosecution of criminal acts of corruption in the context of law enforcement Methods of the Research: The research method used is normative juridical Results of the Research: Certain civil servant officials who are specially authorized by law to conduct investigations. While the prosecutor's office has the same duties and authorities in eradicating corruption specifically the Attorney General by Law Number 16 of 2004 also regulates the duties and authorities of the Attorney General, namely Articles 35, 36, 37 of Law Number 16 of 2.
Putusan Perkara Tindak Pidana Korupsi Dalam Kasus PT Asuransi Jiwasraya Dan PT ASABRI Julianti, Angelia Lyshandra; Hehanussa, Deassy Jacomina Anthoneta; Hattu, Jacob
MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 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.v2i2.19409

Abstract

Introduction: The crime of corruption is one of the extraordinary crimes which in it’s implementation can harm state finances. As stipulated in the provisions of Law Number 31 of 1999, as amended by Law Number 20 of 2001 concerning the Eradication of Corruption. In violation of the crime of corruption, the perpetrator will be sentenced to punishment or sanctions in accordance with the provisions stipulated in the legislation Purposes of the Research: to find out whether the granting of a null verdict in the case of corruption No. 50/Pid.Sus-TPK/2021/PN Jkt.Pst is in accordance with the provisions of laws and regulations in Indonesia and 2. What are the legal consequences if the defendant is unable to pay compensation in a case of corruption at PT Asuransi Jiwasraya? Methods of the Research: The research method used is normative judicial research method using Statutory Approach, Conceptual Approach and Case Approach. Results of the Research: Based on the results of the research, it shows that the granting of zero verdicts in corruption cases is not in accordance with the regulations of Article 10 of the Criminal Code and the types of judges decisions, which do not contain an explanation of the zero verdict. The legal consequences if the defendant is unable to pay restitution in a corruption case at PT Asuransi Jiwasraya are regulated in Article 19 paragraph (1) letter b of the TIPIKOR Law. However, in this case the imposition of a fine is very ineffective because the defendant has received life imprisonment. Based on Article 67 of the Criminal Code, if the judges gives a criminal sentence, the legal consequences will be contrary to this article. The prosecutor can forcibly seize the defendant’s assets to be auctioned as a substitute for state losses and can file a civil lawsuit related to the return of state finances.
Law Enforcement Against Destructive Fishing Crimes at the Regional Marine Police Directorate Tuasuun, Ronald; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2217

Abstract

Introduction: Destructive fishing activities carried out by fishermen generally use explosives (fish bombs), and the use of toxic materials to catch fish. The use of these materials results in damage to coral reefs and the surrounding ecosystems. Therefore, the role of the Directorate of Marine Police of the Maluku Police is needed in law enforcement of the crime of destructive fishing.Purposes of the Research: The purpose of this research is to study and analyze law enforcement against the crime of destructive fishing at the Directorate of Marine Police of the Maluku Police.Methods of the Research: The research method used is a type of normative juridical research, which uses a legal approach, a conceptual approach and a case approach. The source of legal materials is primary legal materials and secondary legal materials, the collection of legal materials through literature studies, processing and qualitative analysis of legal materials.Results Main Findings of the Research: The results showed that law enforcement of destructive fishing crimes carried out by the Directorate of Marine Police of Maluku Police is currently maximized and running well in accordance with applicable legislation. However, in law enforcement against destructive fishing, there are several factors that influence law enforcement, namely the legal factors themselves (laws and regulations); law enforcement factors; factors of facilities and facilities that support law enforcement; community factors.
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 Tuasuun, Ronald Tuhumury, Carolina Wadjo, Hadibah Zachra Warawarin, Fernando Fiki Wijoyo, R Ach Agus Purno