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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review
John Dirk Pasalbessy
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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, Pattimura University

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

Abstract

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 Pattimura University

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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 Pattimura University

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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 Pattimura University

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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 Pattimura University

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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 Pattimura University

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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.
Penegakan Hukum Pidana Terhadap Praktek Jual Beli Surat Keterangan Kesehatan Yang Dipalsukan Pada Masa Pandemi Covid-19 Fira Hanasti Putri; John Dirk Pasalbessy; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Introduction: During the Covid-19 pandemic, one of the conditions for traveling outside the region or abroad is to have a health certificate obtained by carrying out a health check at the hospital, this is used by irresponsible people who sell COVID-19 free health certificates counterfeited to people in need.Purposes of the Research: This paper aims to determine the form of criminal law enforcement against the practice of buying and selling falsified health certificates during the Covid-19 pandemic.Methods of the Research: This method using normative legal research methods, namely research conducted by studying literature or literature study related to the problems at hand. Normative legal research is legal research made from literature, which is one of the library collections in the form of printed works such as text books, fiction books, reference books that are collected, processed and stored to be presented to users to meet informationneeds.Results of the Research: Based on the results of the research, it was found that the form of criminal law enforcement against the practice of selling falsified health certificates was subject to criminal sanctions, namely Article 263 of the Criminal Code (KUHP), namely letter forgery in general and made clear by Article 268 of the Criminal Code (KUHP). Criminal Law), namely falsifying a doctor's certificate.
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, Pattimura University

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

Abstract

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.
Kajian Hukum Pidana Terhadap Kedudukan Informan Sebagai Saksi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dengan Undang-Undang Nomor 8 Tahun 1981 Tentang KUHAP Claudio Varly Lainata; John Dirk Pasalbessy; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1100

Abstract

Introduction: In Indonesia, the law that supervises and controls the use of narcotics as well as overcoming the abuse of narcotics and the treatment of its victims is known as the narcotics law.Purpose of the Research: Therefore, this writing aims to analyze and explain the position of informants in Law 35 of 2009 and the role of informants in helping to reveal narcotics crimes.Methods of the Research: This type of research in the preparation of legal writing is normative legal research. Peter Mahmud Marzuki said that legal research in general is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues at hand. Normative legal research, another name is doctrinal legal research, also known as library research or document study because this research was conducted or aimed only at written regulations.Results of the Research: The results of the study show that legally, narcotics are regulated in Law Number 35 of 2009 concerning Narcotics. However, in this case, informants who are intermediaries in following up narcotics cases are not explicitly regulated in the legislation, only policies that make informants are still used by the police to assist in uncovering narcotics trafficking crimes. The informant contributes to the law enforcement of narcotics crime, where the role of this informant is one of the technical ones in uncovering the crime of narcotics trafficking and this informant does not receive legal protection
Kajian Kriminologis Kekerasan Seksual Terhadap Anak Giovanny Franfol Syaranamual; John Dirk Pasalbessy; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1131

Abstract

Introductioan: The number of sexual violence against children every year is always high and even very disturbing and disturbing social and personal peace, therefore efforts to handle and overcome sexual violence must be handled carefully and firmly in accordance with applicable regulations.Purposes of the Research:  The purpose of this study is to analyze and examine what criminogenic factors are the reasons someone commits a crime of sexual violence against children and discuss what steps or approaches are used to deal with sexual violence against children that occurs.Methods of the Research: the method used in this paper is an empirical juridical research method. The legal materials used are primary, secondary and tertiary legal materials.Results of the Research: The results of this study indicate that the criminogenic factor or reason for the perpetrators of sexual violence against children to take their actions is, because of an indication of supporting factors such as internal factors or factors from within the perpetrator and external factors or factors from outside the perpetrator. it can be explained that the handling efforts taken can be in the form of a penal approach or a legal approach and a non-penal approach or an illegal approach.
Co-Authors Andrizal Andrizal Annisa Fujiyanti Arios Valentino Taghupia Arman Anwar Brensby Williams Manuhutu Christian Victor Samuel Marzuki Claudio Varly Lainata Deassy Jacomina Anthoneta Hehanussa Delton Geisberth Jaranmassa Denny Latumaerissa Elias Zadrach Leasa Erwin Ubwarin Faradillah Maulidyah Pelu Fira Hanasti Putri Gabriella Fenisia Klarci Elias Giovanny Franfol Syaranamual Hadibah Zachra Wadjo Jacob Hattu Jetty Martje Patty Julianus Edwin Latupeirissa Lewerissa, Yanti Amelia Margie Gladies Sopacua Marthinus Johanes Saptenno Michael Ken Lingga Milton Lilipory Renny Obertina Julita Iwamony Reonaldo Charlos Pattipeilohy Vivi Angely Ririhena Yonna Beatrix Salamor