Hehanussa, Deassy Jacomina Anthoneta
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Penegakan Hukum Pidana Terhadap Pelaku Korupsi Dana Hibah Pilkada Warawarin, Fernando Fiki; Hehanussa, Deassy Jacomina Anthoneta; Hattu, Jacob
MATAKAO Corruption Law Review Vol 3 No 1 (2025): Mei 2025 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.v3i1.23093

Abstract

Introduction: Corruption is an extraordinary crime that causes significant losses to state finances and undermines the democratic order. The corruption case involving five members of the local General Elections Commission (KPU) in the 2020 Aru Islands Regency election grant fund has drawn attention due to its direct link to the misuse of state funds in organizing the democratic process. Purposes of the Research: To study and analyze the enforcement of criminal law against perpetrators of corruption of regional election grant funds in the Aru Islands Regency. Methods of the Research: The research method used was empirical legal methodology supported by a normative approach. Primary data was obtained through interviews with judges from the Corruption Crimes Division of the Ambon District Court, while secondary data were obtained through literature review and documentation. Data analysis was conducted using descriptive qualitative methods. Results of the Research: The results indicate that criminal law enforcement in this case was carried out through the stages of inquiry, investigation, prosecution, and court decision. The defendants were sentenced to one year and six months in prison, fined, and required to pay restitution to the state. However, the principle of ultimum remedium was not applied, as corruption is considered a serious crime, thus placing criminal law as the primum remedium. Influencing factors were the magnitude of the state losses, abuse of authority by public officials, and the impact on public trust in local democracy.
Penegakan Hukum Terhadap Kejahatan Pencurian Data Pribadi di Media Sosial (Facebook) Arey, Muhammad Syaf Nurdin; Hehanussa, Deassy Jacomina Anthoneta; Salmon, Harly Cilford Jonas
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3664

Abstract

Introduction: The rapid development of information technology has triggered an increase in digital activities, including the collection and storage of personal data. On the other hand, the phenomenon of theft of personal data and personal identity has become rampant and has caused increasingly significant losses, both materially and immaterially. This study aims to examine legal protection against theft of personal data and personal identity in Indonesia and to examine the law enforcement mechanisms and obstacles faced in the process.The research method used is normative juridical, with a regulatory, conceptual, and comparative approach. Data sources come from literature studies of regulations, legal literature, and relevant court decisions. The results of the study show that personal data protection in Indonesia is still in the developing stage, marked by the enactment of Law Number 27 of 2022 concerning Personal Data Protection. However, there are still limitations to norms in terms of implementation, criminal sanctions, and strong supervisory institutions. In addition, law enforcement against theft of personal data faces various obstacles, including limited authority of law enforcement officers, low public awareness of the importance of protecting personal data, and the complexity of evidence in cases of cross-border cybercrime. International efforts, such as cross-secret cooperation and extradition of perpetrators, are also still not optimal due to differences in legal systems between countries. This study recommends strengthening technical regulations for implementing the PDP Law, increasing the capacity of independent supervisory institutions, educating the public about data security, and increasing international cooperation in combating cybercrime. Effective national legal protection of personal data is an important foundation in maintaining citizens' privacy rights and building trust in the digital ecosystem.Purposes of the Research: Analyze and explain law enforcement against the crime of personal data theft on social media (Facebook).Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through library research, namely by searching legal materials by reading, viewing, listening and now many are done by searching through the internet then the data will be analyzed using quantitative data analysis techniques, in an approach Quantitative related to the relationship of variables analyzed using an objective theory, then described to solve the main problem in this study.Results / Findings / Novelty of the Research: Law enforcement against personal data theft in Indonesia has a strong legal basis through the Personal Data Protection Law, the Electronic Information and Transactions (ITE) Law, and other relevant regulations. However, its implementation still faces various obstacles, such as technological limitations, inadequate investigative capabilities, and difficulties in tracking and gathering evidence in the cyber realm. The cross-border nature of cybercrime also presents jurisdictional challenges, necessitating strong international cooperation mechanisms for effective law enforcement
Perlindungan Hukum Terhadap Korban Pornografi Berbasis Siber Mulyono, Dian Adiningsih; Hehanussa, Deassy Jacomina Anthoneta; Patty, Jetty Martje
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.14662

Abstract

Cyber-based pornography crime is a form of pornography crime that uses internet information and electronic technology as a means of spreading it. This raises various problems that need to be addressed, especially regarding the protection of victims, so the author conducted research intending to find out what form of legal protection exists for victims of cyber-based pornography and the obstacles in providing legal protection for victims of cyber-based pornography. The research method used is normative juridical research using a statutory regulation approach, case approach, and conceptual approach and using qualitative analysis. The results obtained from this research are the forms of legal protection provided to victims of cyber-based pornography, namely law enforcement against perpetrators, compensation, deletion of detrimental electronic information, socialization, and cyber supervision. Obstacles in providing legal protection to victims of cyber-based pornography are limitations in regulating victims' rights in law, removing content through a long process, difficulty in identifying perpetrators, limited infrastructure, and the number of police who have expertise in the field of technology, different interpretations. different between the Pornography Law and the ITE Law.
Handling Illegal Levy at Yos Sudarso Port Ambon Zainuddin, Zainuddin; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2215

Abstract

Introduction: The widespread practice of extortion penetrates various areas of life in providing services, one of which is extortion in the fields of transportation, shipping and trade at the Yos Sudarso Ambon port in terms of loading and unloading (stevedore, longshoreman, dockworker) where the shipping company (Tanto, Temas, Meratus and Spil) do not have the right or authority to collect the stupping/stripping (loading and unloading) fees paid by JPT or PBM, however, the bill for the stupping/stripping fees is still collected by the shipping company to this day.Purposes of the Research: Analyze and formulate the penalties for illegal levies that are not based on law. Analyze and discuss efforts to handle illegal levies at Yos Sudarso Port, Ambon.Methods of the Research: Empirical research with the Yos Sudarso Ambon port research location.Results Main Findings of the Research: Levies that are not based on legal regulations are criminal acts as regulated in article 423 of the Criminal Code and article 12 letter e of the Corruption Eradication Law and constitute behavior or acts against the law, exceeding authority, using authority for purposes other than those for which the authority is intended. as regulated in Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. Handling efforts that can be carried out through several stages are that the government needs to provide clear boundaries regarding the position of illegal levies as a qualification for criminal acts as a law enforcement step and criminalize illegal levies as a criminal act of corruption as mandated by UNCAC 2003 which has been ratified based on Law Number 7 In 2006, it became the basis for efforts to handle illegal levies at Yos Sudarso Ambon port.