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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum
Elsa Rina Maya Toule
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Penyelesaian Perkara Tindak Pidana Penganiayaan Dengan Pelaku Anak Menurut Undang-Undang Nomor 11 Tahun 2012 Indra Wijayanti; Elsa Rina Maya Toule; Sherly Adam
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.v1i2.618

Abstract

Introductioan: Cases of criminal abuse with child offenders, the form of settlement is a restorative justice approach through diversion, which is an initial step in the settlement process before proceeding to the next legal process.Purposes of the Research: This study aims to analyze and discuss the form of settlement of cases of criminal abuse with child offenders according to Law Number 11 of 2012.Methods of the Research: The type of research used in this research is Normative Juridical. Approach the problem using a statutory approach (statute approach), conceptual approach (conceptual approach) and a case approach (Case approach). Sources of legal materials include primary legal materials and secondary legal materials. The technique of collecting legal materials through documentation studies and analysis of legal materials uses qualitative analysis.Results of the Research: The research results show In if the settlement of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out. Not all of these settlement processes with diversion can run smoothly and have succeeded in reaching a peace agreement between the parties. If in the event that the diversion process does not result in a peace agreement or the diversion agreement is not implemented, the juvenile criminal justice process will proceed to the Court and the settlement of cases of criminal abuse with child perpetrators is in accordance with Law No. 11 of 2012. However, in the settlement of cases of criminal abuse with child offenders there are still obstacles faced by law enforcement officials and the parties in litigation.
Penerapan Ajaran Turut Serta dalam Pertanggungjawaban Pelaku Tindak Pidana Narkotika Matheos Bastian Wattimena; Elsa Rina Maya Toule; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i3.919

Abstract

Introduction: Narcotics abuse is the use of narcotics not for medicinal purposes, which causes changes in physical and psychological functions and causes dependence without a prescription and without the supervision of a doctor. Meanwhile, narcotics illicit trafficking is any activity or series of activities carried out without rights or against the law which is determined as a narcotics crime.Purposes of the Research: This writing aims to apply the teachings of participating in decisions in the Masohi District Court Decision. Methods of the Research: The type of legal research carried out is normative juridical, with sources of legal material in the form of primary and secondary legal materials. The problem approach is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials is done by first collecting primary legal materials and then linking them to secondary legal materials. The processing and analysis of legal materials is described qualitatively.Results of the Research: Narcotics abuse is the use of Narcotics for no purpose, which causes changes in function and psychological treatment and causes physical dependence without a prescription and without a doctor's supervision. Meanwhile, illicit drug trafficking is any activity or desire carried out without rights or against the law which is determined as a narcotics crime. One example of a case based on the decision of the Masohi District Court Number 12/Pid.Sus/2020/PN Msh and Number 12/Pid.Sus/2020/PN Msh carried out by the two defendants named Trikarna Lewenussa Alias Cetril and Rosihan Anwar Sahulau Alias Andri.
Penegakan Hukum Terhadap Pasien Covid-19 Yang Melakukan Perlawanan Protokol Kesehatan Boy Maulany; Elsa Rina Maya Toule; Carolina Tuhumury
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.v2i2.907

Abstract

Introduction: Law Enforcement Against Covid-19 Patients who oppose health protocols is urgently needed considering the flight of Covid-19 patients with status (PDP) is very dangerous, because Corona virus disease 2019 (covid-19) is a contagious disease so that fast preventive action is needed from the government. Indonesia. In responding to this, the Indonesian government uses Law Number 6 of 2018 concerning Health Quarantine, to take preventive and handling measures against the entry or exit of disease. However, resistance to health protocols is still being carried out by the Indonesian people, especially Covid-19 patients.Purposes of the Research: Aims to analyze and discuss Covid-19 patients who oppose health protocols, can be held criminally accountable and law enforcement against Covid-19 patients who oppose health protocols. The method used in this paper is a normative legal research method. The legal materials used are primary, secondary and tertiary legal materials. Methods of the Research: In this legal research, the author uses normative research. Normative research is library research, where in normative research library materials are data sources which are classified as secondary data in research. Secondary data has a broad scope, ranging from personal letters, book, to afficial documents issued by the government.Results of the Research: The results showed that Covid-19 patients who violated the health protocols set by the government could be subject to sanctions as a form of criminal liability. Thus, for Covid-19 patients who violate the provisions of the applicable laws and regulations, the authorities can take firm action by imposing sanctions in accordance with the provisions of the applicable regulations.
Pertanggungjawaban Pidana Aparat Kepolisian Yang Melakukan Kekerasan Terhadap Demonstran Dames Lewansorna; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.898

Abstract

Introduction: The demonstration, which was held by the Indonesian Christian Student Movement (GMKI) Ambon Branch, demanded the Maluku Provincial Government and the Maluku Provincial People's Representative Council (DPRD) to legalize the traditional Sopi drink, but the action that was held ended in chaos due to actions taken by the authorities. the police against student actions by ignoring and paying attention to the rights of the demonstrators so that it deserves a serious response because the actions of the police have deviated from the provisions of legislation Number 2 of 2002 concerning the Republic of Indonesia Police Article 2, 13 and 14 paragraph 1 letter e, as well as the 1945 Constitution Article 30 paragraph 2. Therefore, it is appropriate to question the existence of the Indonesian National Police apparatus who violates the provisions of laws and regulations and must be held criminally responsible.Purposes of the Research: Explain about how the criminal responsibility of police officers who commit violence against demonstrators. Methods of the Research: The type of research used is normative juridical research. The approach to the problem used is a statutory approach that prioritizes legal materials and a case approach.Results of the Research: Criminal liability is a form of accountability due to mistakes made by legal subjects. In essence, criminal liability is a mechanism built by criminal law to react to an agreement to reject a certain act. Police as legal subjects in their existence are human beings, who are also given legal rights and obligations (fictie theory). According to the Geen Straf Zonder Schuld principle; Actus non facti reum nisi mens sis sist rea is basically a person who cannot be convicted if there are no mistakes, so observing the above based on the examples of cases that have been discussed in the previous chapter regarding cases of violence committed by Akp Syarifudin, the position of the Head of the Sabara Unit of the Island Police. Ambon and the Lease Islands have been transferred to other places of assignment for committing acts of violence against several members of the Ambon Branch GMKI and damaging the goods (kordon) of the Ambon branch of GMKI. The criminal can be punished on the basis of error. if seen from the case study of the position above his subordinates, what Syarifudin did as the Head of the Sabara Unit, was included in the category of acts of violence regulated in Article 170 of the Criminal Code.
Pemalsuan Bukti C1 Rekapan Pada Proses Pemilihan Legislatif Marcellino Lessil; Elsa Rina Maya Toule; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i11.870

Abstract

Introduction: The crime of forgery of letters committed by prospective members of the legislature, legally the crime of forgery that occurs is a form of general election crime.Purposes of the Research: This study aims to determine, examine, and analyze the application of the law and the reasons for termination in the case of falsification of evidence C-1 recap in the legislative election process. Methods of the Research: The research method in this writing uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach. The procedure for collecting legal materials uses library research, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach and a case approach. The procedure for collecting legal materials uses library research, as well as legal materials analysis techniques in this study using qualitative analysis techniques
Pertimbangan Penyidik Dalam Penetapan Status Tersangka Dalam Kasus Video Porno Oktovianus Nurlatu; Elsa Rina Maya Toule; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i9.813

Abstract

Introduction: Determition of GA as a suspect in the case of his personal pornographic video, together with MYD, on GA social media, he was charged with the prohibition of article 4 paragrahp (1) of law number 44 of 2008 concerning pornography, article 4 paragraph (1) in its explanation of making and for its own sake. And GA is a victim, but in fact investigators set GA as a suspect.Purposes of the Research: Explain about what is the basis for determining GA as a suspect in a porn video case and proving pornographic elements in the determination of GA as a suspect in a porn video case.Methods of the Research: The type of research used is normative juridical research. The approach to the problem used is a statutory approach that prioritizes legal materials and a case approach.Results of the Research: Based on the results of the study, it can be concluded that it is based on preliminnary evidence, namely evidence of  GA’s confession and evidence of  a 19-second video clue that exists who  confirm that the person in the 19-second porn video is GA.that GA’s actions meet the qualifications of the elemens of article 4 paragraph (1) in conjunction with  article 29 of the pornography law, related to the elements of his actions, namely producing and making, as well as elemens of the object of his actions, namely making videos of sexual activities with MYD and fulfilling the qualifications of the elemens of article 8 juncto article 34 of the pornography law, namely subjective elements and objective elemens because they intentionally or with their consent become objects containing pornography law in the future,it can be emphasized so that in carrying  out law enforcement efforts related to pornograhy cases it will be better without violating the human rights of the community.
Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga) Yodhi P S Huwae; Elsa Rina Maya Toule; Jacob Hattu
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.v1i8.804

Abstract

Introduction: The case that ensnared the artist with the initials GA due to the circulation of this shocking 19-second video began to spread at the end of November 2020. Polda Metro Jaya has named the artist Gisella Anastasia and a man with the initials MYD as suspects in a porn video case that went viral on social media. Gisel and MYD were accused of violating Law No. 44 of 2008 on Pornography, which carries a maximum penalty of 12 years in prison. Sister GA and brother MYD were named suspects, suspected of under Article 4 paragraph 1 Juncto Article 29 and or Article 8 of Law Number 44 concerning Pornography.Purposes of the Research: To Know and Analyze the Application of Article Elements in Law Number 44 of 2008 concerning Pornography and the qualification of GA's Acts as Pornographic Acts.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that GA's actions were against the law, therefore GA's actions met the criminal element and could be applied to Article 4 Paragraph (1) in conjunction with Article 8 of Law Number 48 of 2008 concerning Pornography. And GA's actions can be qualified as pornographic criminal acts because what GA did was negligence or negligence (lack of care), or lack of attention, and that as stated by GA together with MYD the facts have been obtained. Considering, that based on these facts, it can be seen that GA admits that she is the female actor in an adult video video that went viral on social media some time ago. During the examination while still being a witness, Gisel is also said to have admitted that the video was recorded in 2017, at a hotel in Medan, North Sumatra. The determination of the suspect against Gisel and MYD was after the police conducted two examinations as witnesses and held the case. and that taking into account these circumstances, according to the author, due to his negligence or negligence, it has been fulfilled and proven, therefore the negligence or omission by GA can be held legally responsible.
Kebebasan Hakim Dalam Penjatuhan Pidana Korupsi Dikaitkan Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2018 Hamdi Pune; Elsa Rina Maya Toule; Erwin Ubwarin
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.v1i7.664

Abstract

Introduction: Judges must be free to conduct legal considerations, and feel confident in what they are trying, so that they can impose sentences according to their beliefs and are supported by two pieces of evidence, but the Circular Letter of the Supreme Court Number 3 of 2018, limits judges in making decisions.Purposes of the Research: To analyze and discuss the freedom of judges in making decisions on a criminal act, as well as analyze and discuss the freedom of judges associated with the Circular Letter of the Supreme Court Number 3 of 2018 in criminal acts of corruption.Methods of the Research: The research is normative juridical, using primary and secondary legal materials.Results of the Research: From the results Based on the results of the research, it was found that the Circular Letter of the Supreme Court Number 3 of 2018 binds judges to, and restricts judges from making decisions, but there are judges who follow this circular letter and some do not follow the circular letter, according to with the amount of state losses arising from the corruption committed.
Tindak Pidana Kekerasan Dalam Rumah Tangga yang Mengakibatkan Kematian (Studi pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Hendrina Wahju Irianty Munthalib; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.630

Abstract

Introduction: The Indonesian government has ratified Law Number 23 of 2004 concerning the elimination of domestic violence which clearly and unequivocally regulates sanctions for perpetrators of acts of domestic violence, household that resulted in the strongest death in the jurisdiction of the Ambon Island Police and Lease Islands.Purposes of the Research: To examine and discuss the factors that influence domestic violence crimes that result in death, and the efforts that can be taken to prevent domestic violence resulting in death.Methods of the Research: This research is a normative juridical research, the type of research is descriptive normative, the type of research is descriptive analytical, the sources of legal materials used in this research are primary legal materials, secondary legal materials, supporting data and information then identified and then systematized for interpretation and given arguments to reach conclusions.Results of the Research: The results obtained from this study are the factors that influence the crime of domestic violence that results in death are individual factors, communication, patriarchal culture and the economy while the efforts made to prevent domestic violence that result in death have been carried out by The Ambon Island Police and Leasa Islands are a community service unit that collaborates with relevant agencies in the form of counseling.
Pelibatan Anak Dalam Pemilihan Umum Cindy Agnesia Ratmala; Elsa Rina Maya Toule; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.572

Abstract

Introduction: The involvement of children in political campaign activities is a phenomenon that recurs every 5 years or every campaign cycle. Involving children in political campaign activities is not the right action because children have the right to be free from the abuse of political activities.Purposes of the Research: This writing aims to analyze the forms of protection where children are involved in the General Election and to analyze whether political parties can be held responsible for the crime if they involve children in general elections.Methods of the Research: The research method in this writing uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach. The procedure for collecting legal materials uses library research, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are that a form of legal protection for children involved in the election is a form of preventive legal protection and a form of repressive legal protection. Then regarding criminal responsibility, one of the conditions for the formation of political parties is that political parties must be registered with the Ministry to become a legal entity and obtain ratification as a legal entity. Thus political parties that involve children in general elections can be held responsible for the crime.
Co-Authors Astuti Nur Fadillah Boy Maulany Carolina Tuhumury Christy Tanasale Cindy Agnesia Ratmala Dames Lewansorna Deassy Jacomina Anthoneta Hehanussa Denny Latumaerissa Dinnera Ester Agatha Suripatty Erwin Ubwarin Fernando Tantaru Gresye A Pesireron Hamdi Pune Hendrina Wahju Irianty Munthalib Indra Wijayanti Jacob Hattu Juanrico Alfaromona Sumarezs Titahelu Julianus Edwin Latupeirissa Leonie Lokollo Lewerissa, Yanti Amelia Marcellino Lessil Margie Gladies Sopacua Margie Gladis Sopacua Matheos Bastian Wattimena Novalin Noya Oktovianus Nurlatu Pricilia Uty Vianty Loppies Sherly Adam Suci Sulistiawati Yodhi P S Huwae Yonna Beatrix Salamor