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Aspek Interoperabilitas Antara Lantamal IX Dengan Kamla Zona Bahari Timur Dalam Penegakan Hukum Di Laut Maluku Ditinjau Dari Perspektif Harmonisasi Hukum Andrizal Andrizal; John Dirk Pasalbessy; Arman Anwar
PAMALI: Pattimura Magister Law Review Vol. 1 No. 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i2.621

Introductioan: The basic conception of the realization of security in the territorial waters essentially has two dimensions, namely the enforcement of sovereignty and the enforcement of security which are interrelated with each other.Purposes of the Research: This study aims to analyze and discuss the interoperability between Lantamal IX and Kamla of the East Maritime Zone in law enforcement in the Maluku Sea is viewed from the perspective of legal harmonization and the obstacles faced by Lantamal IX and Kamla of the East Maritime Zone in Law Enforcement in the Maluku Sea when interoperability is connected. with efforts to harmonize the law.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results showed that Lantamal IX and Kamla East Maritime Zone had the same authority in conducting security and safety patrols in the Maluku Sea, thus potentially causing overlapping authorities. Therefore, interoperability is needed between the two institutions in order to create synergy and minimize the occurrence of sectoral egos. So far, the interoperability of Lantamal IX and Kamla of the East Maritime Zone has been established, but it has not run optimally and continuously. Functional analysis of the collaboration between LANTAMAL IX and the East Maritime Zone Kamla shows that there are obstacles related to juridical and material aspects. In the juridical aspect, the East Maritime Zone Kamla does not have the authority to investigate so that the ship being considered must be handed over to the authorized agency. In addition, there has been no renewal of the memorandum of understanding between BAKAMLA and TNI Headquarters. As a result, patrol operations are not supported by Indonesian Navy warships. Meanwhile, materially, the facilities and infrastructure of the East Maritime Zone Kamla are minimal while BAKAMLA has a large enough budget for the implementation of operations. Likewise, the synergy of operations and sharing of data and information has not been maximized. Therefore, interoperability is needed through harmonization of law and synergy.

Pertimbangan Aspek Sosio-Yuridis Terhadap Penggunaan Pasal 54 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Brensby Williams Manuhutu; John Dirk Pasalbessy; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i2.908

Introduction: The law has a broad perspective in looking at a crime. Crime is not just something that violates legal norms, but also every form of violation of various types of norms, both religious norms, morals, customs to legal norms. Developments that are increasingly advanced, of course crime is also more developed in people's lives, so we often encounter delinquency in the form of narcotics abuse.Purposes of the Research: This writing aims to examine and analyze the socio-juridical reasons for someone suspected of using narcotics to be rehabilitated according to Article 54 of Law Number 35 of 2009 concerning Narcotics, to examine and analyze the effect of the rehabilitation process on subsequent legal proceedings. 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 showed that rehabilitation is also an effort to restore and make narcotic addicts live physically and spiritually healthy so that they can adjust and improve their skills, knowledge, and intelligence in the environment. The integrated assessment mechanism that was born from concerns about the handling of narcotics abusers is expected to be the main gate for development in the field of law against narcotics abusers in the future.

Studi Tentang Penetapan Tersangka Dalam Kasus Prostitusi Online Annisa Fujiyanti; John Dirk Pasalbessy; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i12.879

Introduction: The practice of temporary sexual intercourse, which is more or less carried out with anyone, for monetary compensation. The three main elements in the practice of prostitution are: payment, promiscuity and emotional indifference in this case the suspect based on Law No. 21 of 2007 on online prostitution named vika who lent a room to prostitutes but he did not know that it would be used for prostitution in his room.Purposes of the Research: The purpose of this paper is to find out the evidence used in determining the suspect in online prostitution and the role in providing rooms to become a suspect. Methods of the Research: The method used is empirical juridical research. This type of research is descriptive-analytic. Data obtained From the field data used in this study, primary data and secondary data, data collection techniques are through interviews and qualitative data analysis.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.

Penerapan Sanksi Denda terhadap Pelaku Pelanggaran Protokol Kesehatan Covid 19 Reonaldo Charlos Pattipeilohy; John Dirk Pasalbessy; Elias Zadrach Leasa
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.802

Introduction: The government as a policy maker has made Covid-19 a non-natural national disaster.Purposes of the Research: Knowing and analyzing the inhibiting factors for the application of fines to perpetrators of health protocol violations.Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach.Findings of the Research: The findings of this study indicate that the inhibiting factors for the application of fines to perpetrators of violations of the COVID-19 health protocol in Ambon city are natural conditions that have an impact on the prevalence of violations, community economic factors that are the main concern when fines are imposed on violators and community dissatisfaction factors which often do not. receive when subject to fines which have implications for the delay in the application of fines.

Aspek Melawan Hukum Pidana Terhadap Perbuatan Penyalahgunaan Wewenang Dalam Penyaluran Bantuan Sosial Di Masa PSBB Christian Victor Samuel Marzuki; John Dirk Pasalbessy; Jetty Martje Patty
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.662

Introduction: There is a policy that the government is proposing in order to cope with the COVID-19 social disaster, which is followed by actions that affect it caused by actions that are not in accordance with the provisions contained in the legislation and are carried out by officials who have the authority to do otherwise and in accordance with the provisions which exists.Purposes of the Research: Reviewing and discussing acts of abuse of authority and unlawful elements of the distribution of social assistance are classified as criminal acts.Methods of the Research: This research is a normative legal research or legal research literature (Library research). Normative legal research examines laws that are conceptualized as applicable norms or rules. The applicable legal norms are in the form of written positive legal norms formed by statutory institutions (Basic Law, codification, laws, government regulations, and so on).Results of the Research: Abuse of authority in the distribution of social assistance is a form of crime, in the social assistance distribution program held by the government through the Ministry of Social Affairs of the Republic of Indonesia, it is proven to have abused authority. This can be proven by the case of unlawful elements of the abuse of authority over social assistance during the PSBB period by Juliari Batubara who is a former Minister of Social Affairs. The unlawful element in the act of abusing the authority of social assistance during the PSBB period is an act that is considered as an element of enriching oneself which is part of an unlawful act as contained in Article 2 and Article 3 of Law no. 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, one of which is committing acts of enriching oneself or another person, or an entity and indirectly harming state finances and/or the state economy.

Kekuatan Hukum Alat Bukti (Novum) Dalam Pemeriksaan Perkara Peninjauan Kembali Beberapa Tindak Pidana Pembunuhan ( Vide Pasal 338 KUHP) Faradillah Maulidyah Pelu; John Dirk Pasalbessy; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.642

Introduction: Novum or new evidence or new circumstances is a condition for submitting a request for review. Review is a legal remedy that can be taken by the convict (the person who is sentenced) in a legal case against a court decision that has permanent legal force in the justice system in Indonesia. Purposes of the Research: Reviewing and explaining the legal strength of the (Novum) evidence in the examination of cases of reviewing several crimes of murder.Methods of the Research: This research uses a normative juridicial research type with a descriptive analitycal type of research. Engineering legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. Legal materials analysis techniques are obtained from qualitative calcifications.Results of the Research: Based on the results of research and discussion, it can be rejected that the submission of a review by the convict/applicant for reconsideration, namely Imam Chambali, is an application that has met the elements of the provisions in Article 263 paragraph (2) of the Criminal Procedure Code and Article 24 of Law Number 48 of 2009 concerning Judicial Power. Novum or new evidence or new circumstances as a basis for filing a petition for review to the Supreme Court.

Problematika Praperadilan Dalam Rangka Pemenuhan Hak-Hak Tersangka Arios Valentino Taghupia; John Dirk Pasalbessy; Deassy Jacomina Anthoneta Hehanussa
PAMALI: Pattimura Magister Law Review Vol. 2 No. 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v2i2.773

Introduction: The pretrial examination only examines the validity of legal procedures in handling cases. The question which one should be the subject of a pretrial case examination, whether the examination of the procedure, or examination of the subject matter.Purposes of the Research: This study aims to analyze and discuss of the essentially examination of pretrial cases an effort to fulfil one’s rights of the suspect according of the criminal procedure code, and Objectivity of pretrial case examination and its presence in the criminal procedure code in the future.Methods of the Research: The type of research is normative legal research. The approach used in this research are the statutory approach, conceptual approach, and case approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials are through literature study, and analysis of legal materials is qualitative.Results of the Research: The pretrial examination mechanism which is essentially an effort to fulfil one's rights in its implementation is not so broad in the sense that the examination of cases that are substantial (material aspects) in the context of actual prove of a procedure law enforcement. To obtain a material truth, the judge in examining existing pretrial case, has not been able to explore the truth in assessing any evidence submitted by the applicant and the respondent in a pretrial case, which also means that in some pretrial case examinations, judge are still limited to pretrial examination, namely regarding the procedure as stipulated in article 77 of the Criminal Procedure Code.

Manfaat Pemidanaan Dalam Penanggulangan Tindak Pidana Narkotika Milton Lilipory; John Dirk Pasalbessy; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1461

Introduction: The criminalization of narcotics offenders is often subject to heavy penalties, but for potential perpetrators there is no deterrent effect, even recidivist or repeat offenders never feel deterred. Therefore, it is necessary to find alternative solutions to narcotics abuse more effectively so that it can have a deterrent effect on both the perpetrators and potential perpetrators.Purposes of the Research: The purpose of this study is to analyze and explain the meaning and purpose of imposing criminal sanctions against narcotics abuse, so that the perpetrators or potential perpetrators become deterrent, as well as to discuss the purpose of imposing heavy penalties for perpetrators of drug abuse in terms of the theories of the purpose of punishment that have been adopted in the development of criminal law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are library law materials. Thus, the legal materials studied and analyzed in normative legal research consist of primary legal materials, such as legislation, secondary legal materials in the form of legal literature, consisting of books, scientific journals, legal documents and so on, as well as legal materials. tertiary in the form of legal dictionaries, encyclopedias and so on.Results of the Research: Based on the results of the study, it is shown that the imposition of serious crimes against narcotics traffickers is not always able to solve the problem of lawbreakers, both seen from the theories of classical criminal law, modern criminal law and new classical criminal law. This is reasonable because the prevention of crime lies not only in the model or duration of the punishment given and served later, but on the criminal system adopted in a country that it adheres to. The problem of whether or not a person is deterred is not determined by how much sanctions are given, because the provision of sanctions and whether or not a person is deterred depends on the attitude of people and society towards the crime he feels.

Kewenangan Diskresi Kepolisian Dalam Penghentian Penyidikan Michael Ken Lingga; Marthinus Johanes Saptenno; John Dirk Pasalbessy
PAMALI: Pattimura Magister Law Review Vol. 3 No. 1 (2023): MARET
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i1.1034

Introduction: Discretionary authority is the authority possessed by the police as mandated by law to carry out their duties, especially in responding to social phenomena in society.Purposes of the Research: This study aims to determine the form of the exercise of discretionary authority in the termination of an investigation, and what are the implications of the exercise of discretionary authority in the act of terminating an investigation.Methods of the Research: This study uses a normative legal research method, which aims to determine the form of the exercise of discretionary authority in the termination of an investigation, and what are the implications of the exercise of discretionary authority in the act of stopping an investigation.Results of the Research: The discretionary authority of the police in stopping investigations is the authority given as compensation for government duties carried out by investigators.

Kajian Yuridis Terhadap Penerbitan Surat Perintah Penyidikan Ganda Vivi Angely Ririhena; John Dirk Pasalbessy; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1555

Introduction: An Investigative Order or Sprindik is one of the legal processes related to administration in giving authority to investigators to be able to carry out investigations.Purposes of the Research: To analyze and discuss whether it is justified in terms of criminal procedural law procedures, issuance of investigative orders (sprindiks) on the same legal subject with different objects and to explain what legal consequences occur when two sprindiks are issued from the same subject, in the case of BNI Ambon branch main office in 2019. Methods of the Research: The research method used is normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach, the conceptual approach, and the case approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that the rules regarding the issuance of the Sprindik are in accordance with the provisions of the criminal procedure law but there are no rules that specifically regulate the number of times the Sprindik is issued by investigators. In a criminal case, the issuance of the double Sprindik resulted in the abuse of power (abuse of power), conflict of interest among investigators, and the cancellation of the Sprindik through the pretrial process and the existence of the Double Sprindik resulted in the absence of legal certainty regarding which Sprindik was used. This is because there are no regulations that explicitly regulate the number of times the Sprindik is issued.

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