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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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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 Pattimura University

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

Abstract

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, Pattimura University

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

Abstract

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 Pattimura University

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

Abstract

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.
Pembinaan Terhadap Anak Binaan Residivis Di Lembaga Pembinaan Gabriella Fenisia Klarci Elias; John Dirk Pasalbessy; Hadibah Zachra Wadjo
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1562

Abstract

Introduction: The child is the mandate of God Almighty, who has the dignity and dignity of the whole person.Purposes of the Research: Analyze and describe the forms of fostering recidivist foster children at the Class II Ambon Special Children Development Institution and the influence between the results of fostering fostered children and criminal acts that were committed later. Methods of the Research: This research uses a research approach carried out juridically empirically. The data sources collected used field research (interviews) and literature research, using primary and secondary data. Data analysis using qualitative data analysis.Results of the Research: Based on the results of research and discussion, it can be concluded that the form of coaching for Recidivist Fostered Children at the Ambon Class II Children's Special Development Institution at the time of coaching includes: Personality Coaching, Skills Development, and Formal and Non-Formal Education and the influence between the results of coaching fostered children and criminal acts committed then there is no influence on the results of coaching fostered children,  because when the child returns to society the child has no confidence and no energy to act positively. Thus it will have a negative effect and there are opportunities that make children look at their world unkindly, feel that they are not treated fairly and create the potential for frustration to commit crimes in the future which results in no deterrent effect so as to cause a repeat of crimes in the future.
Pertanggungjawaban Pidana Terhadap Pelaku Eksibisionisme Delton Geisberth Jaranmassa; John Dirk Pasalbessy; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1799

Abstract

Introduction: In the development of modern times there are many changes that occur, both in technology, crime, even due to sexual deviation, in the Criminal Code in article 281 it reads that whoever intentionally and in front of other people who are there against his will violates decency. They are threatened with imprisonment for a maximum of two years and eight months, but in reality there are cases of crimes against decency, namely exhibitionism, which are not subject to punishment or acquittal.Purposes of the Research:  The purpose of this research is to study and analyze exhibitionism acts that can be qualified as pornographic acts and to analyze the criminal liability of exhibitionism acts.Methods of the Research: The research method in this study is normative legal research, using a law approach, a case approach related to this research.Results of the Research: Based on research results. Exhibitionism can be qualified as action porn because the act of exhibitionism fulfills the elements of action porn where the act is carried out in a public place not through the media, so that exhibitionism acts are classified as a crime of decency but exhibitionism acts cannot be held criminally accountable, some can indeed be punished and there are also those who cannot be held criminally responsible because they fulfill the elements of article 44 of the Criminal Code, in which anyone who commits an act that cannot be held accountable to him because his soul is disabled in growth or disturbed by disease cannot be punished.
Pertanggungjawaban Pidana Terhadap Pelaku Pengguntingan Bendera Negara Republik Indonesia Renny Obertina Julita Iwamony; John Dirk Pasalbessy; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1864

Abstract

Introduction: The crime of insulting the Red and White flag in Karawang, West Java and Malasya, the flag with a hammer picture at Hassanudin University and the flag brushed with a Water Closet (WC) brush violates the provisions of Article 66 of the Law of the Republic of Indonesia Number 24 of 2009 in conjunction with Article 24 Letter a Law Number 24 Year 2009Purposes of the Research: Analyzing and explaining whether the perpetrators of insulting the flag can be held criminally responsible and forms of criminal responsibility for the act of insulting the red and white flag.Methods of the Research: It is normative juridical, using a legal, conceptual and case approach with primary and secondary legal materials and will be analyzed qualitatively.Results of the Research: Criminal liability from the first to the third case fulfills the five elements of responsibility, namely, there are perpetrators of criminal acts; there is an action; There is a mistake; capable of being responsible and against the law. Furthermore, the fourth case cannot be held accountable because the subject who committed the crime has a mental disorder that is not in accordance with the elements of criminal responsibility in Article 44 of the Criminal Code. The form of criminal liability in the first to third cases is individual, meaning that individual criminal responsibility is the form embedded in the case.
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