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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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Penerapan Pasal 59 Undang-Undang Nomor 35 Tahun 2014 Terhadap Anak sebagai Korban Perlakuan Salah dan Penelantaran Pricilia Uty Vianty Loppies; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Children are entrusted by God who must be guarded, cared for, and also loved because children are a mandate as well as a gift from God that is one and only one that we must always protect because they are inherent in their dignity and human rights that must be upheld. The law has regulated special protection for children who are victims of abuse and neglect but it has not been effective yet because it has not had a deterrent effect on parents.Purposes of the Research: This study aims to examine and explain the form of law enforcement against child victims of abuse and neglect.Methods of the Research: The research method in this writing uses empirical research, with a descriptive analytical approach, the problem approach used is library research and field studies. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques through unstructured interviews and literature study were then analyzed.Results of the Research: The results showed that the mistreatment and abandonment of children is due to lack of economic factors, attention and awareness of parents so as to make the child dare to sell newspapers, menmen, and pick up scrap metal. Not only that the role of law enforcement officials has not been effective to handle the case so there has been no deterrent effect for parents and children.
Kajian Sosio-Yuridis Pembebasan Bersyarat dan Pemberian Asimilasi Bagi Narapidana pada Masa Pandemi Covid-19 Ditinjau Dari Perspektif Tujuan Pemidanaan Fernando Tantaru; Elsa Rina Maya Toule; Erwin Ubwarin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introductioan: One of the programs in the correctional guidance system is the provision of assimilation, which is part of the development program of the correctional institution. In connection with the current Covid-19 outbreak, the government has made a policy for the release of prisoners, the government has established it through the assimilation program and the right to integration. The presence of integration assimilation aims to support the eradication of Covid-19 in correctional institutions (LAPAS) and detention centers (RUTAN).Purposes of the Research: Assessing and analyzing from a socio-juridical perspective, conditional and assimilation for prisoners during the Covid-19 pandemic in terms of the perspective of the purpose of punishment and after the prisoner is in the community. Methods of the Research: The research method used is empirical legal research, with the form of evaluative research which aims to assess the implementation of laws and regulations and is carried out by conducting library research and field research. The type of research used in this writing is analytical descriptive. Which is a method that serves to describe or provide an overview of the object under study through data that has been collected through interviews and observations. Results of the Research: From the results of the research conducted by the writer at the Ambon Class IIA Prison (LAPAS) and the Ambon Class II Correctional Center (BAPAS) regarding Assimilated Prisoners. and the process of resocialization and reintegration of prisoners with society and its socio-juridical impact. and the supervision process which is still relatively weak due to its access, such as the lack of Android as a media for guidance and supervision of the sharing community of prisoners who carry out assimilation at home, and also the distance of prisoners' houses which is quite difficult to reach. to be contacted in the middle of the Covid-19 Pandemic administratively (Rapid-Test Letter) for Community Advisors.
Pertanggungjawaban Perbankan Sebagai Korporasi Atas Penggelapan Dana Nasabah yang Dilakukan oleh Pegawai Bank Suci Sulistiawati; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1114

Abstract

Introduction: This article examines the judges' considerations in imposing criminal penalties against defendants who commit banking crimes under Article 49 paragraph (1) letters a and b of the Law of the Republic of Indonesia Number 10 of 1998 in conjunction with Article 64 paragraph (1) of the Criminal Code in the Supreme Court Decision Number 470/pi.B/2021/PN.AMB with the problem of fraud mode. Purposes of the Research: This study aims to analyze and explain the process of law enforcement for criminal acts in the embezzlement of customer funds by bank employees at PT.Bank BRI Ambn branch. Methods of the Research: The type of research used is legal research "Normative Juridical"..Results of the Research: The results of the study indicate that according to the Banking Law, corporations cannot be held criminally responsible, but rather those who give orders or are leaders of corporations. In the event that a bank commits a crime or does not fulfill its obligations from Bank Indonesia, the bank concerned will be subject to administrative sanctions. Then in the event that an employee or bank employee commits a crime, criminal liability is imposed on an individual (perpetrator) or corporate management with a record that the corporation has benefited from the crime committed by the employee.
Kebijakan Formulasi Pemanfaatan Pengaruh (Trading In Influence) Jabatan Publik Sebagai Tindak Pidana Korupsi Gresye A Pesireron; Elsa Rina Maya Toule; Juanrico Alfaromona Sumarezs Titahelu
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1443

Abstract

Introduction: This article examines the judges' Trading in influence. Trading in influence is a type of corruption crime regulated in the provisions of article 18 (a) and article 18 (b) of the Anti-Corruption Convention (KAK) or referred to as UNCAC 2003.Purposes of the Research: This study aims to analyze and explain the process of Trading in influence. Methods of the Research: This research uses empirical juridical research with this type of research being descriptive analysis. The technique of collecting legal materials is by conducting library research on legal materials, namely primary, secondary, and tertiary legal materials.Results of the Research: Legal analysis techniques obtained and classified qualitatively.Based on the results of research and discussion, it can be concluded that the form of the use of influence is divided into two parts, namely active trading in influence and passive trading in influence. Knowing the number of cases that often occur using the modus operandi of Trading in influence and processed using the bribery article even though there are differences between the two plus because there is no legal regulation regarding this type of corruption, prevention efforts for the future have been carried out by seeking to relate this act into the TPK Bill article 4 and adopted in the RUU-KUHP regulated in article 691.
Penyitaan Aset Tindak Pidana Korupsi Pada Tahap Penyidikan Sebagai Upaya Pertama Dalam Pengembalian Kerugian Negara Novalin Noya; Elsa Rina Maya Toule; Deassy Jacomina Anthoneta Hehanussa
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.v3i1.1052

Abstract

Introduction: Confiscation of assets of criminal acts of corruption at the investigation stage as the first effort in recovering state losses within the Prosecutor's Office, especially at the Maluku.Purposes of the Research:  This study aims to analyze and explain what are the legal considerations and explain what factors are the obstacles faced by prosecutors in confiscating assets in corruption cases.Methods of the Research: The type of research used is normative legal research, meaning research that has an object of study on rules or regulations. The problem approach is in the form of a Legislative Approach (Statute Approach), a conceptual approach (Conceptual Approach), and a case approach (Case Approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The collection technique is done through literature study and qualitative analysis of legal materials.Results of the Research: The results of the study indicate that the return of state assets has not been optimal because there are still many state losses that have not been returned because there are several weaknesses so that improvements need to be made to realize good governance. In addition, there are still inhibiting factors or obstacles in returning the assets of the criminal act of corruption which is marked by the lack of good coordination in the legal structure, the lack of human resources in the internal prosecutor's office, facilities and infrastructure, and the lack of participation from the public who tend to be apathetic. To overcome the obstacles and obstacles in the settlement of cases of criminal acts of corruption closely related to the confiscation of assets carried out by the Prosecutor's Office, cooperation and coordination with related technical fields are needed both in the internal and external environment.
Membangun Kesadaran Hukum Bagi Anak Dari Kenakalan Remaja Elsa Rina Maya Toule; Margie Gladis Sopacua; Astuti Nur Fadillah; Yonna Beatrix Salamor; Leonie Lokollo
AIWADTHU: Jurnal Pengabdian Hukum 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/aiwadthu.v3i1.1154

Abstract

Introduction: Teenagers as holders of the baton for the next generation of the nation must be maintained in their growth and development. The phenomenon of juvenile delinquency today can be found in society.Purposes of Devotion: Community Service Activities are expected to provide answers about the development of juvenile delinquency and its legal consequences. The purpose of building legal awareness for children from juvenile delinquency is to provide education and understanding of legal regulations relating to children so that children in the future are not affected to commit acts of violence from juvenile delinquency that can lead to legal repercussions or consequences for the child. Method of Devotion: Carrying out legal counseling activities in Erie Hamlet, Nusaniwe Country, Ambon City, Maluku through panel discussions in which the presenters take turns presenting the material then followed by a question and answer session between the presenters and participants.Results of the Devotion: Teenagers as holders of the baton for the next generation of the nation must be maintained in their growth and development. Efforts to tackle juvenile delinquency cannot be done alone, but in overcoming it there must be cooperation between all elements, namely parents, the school, in this case the teacher who acts as a parent in the school, the government and the community.
Peran Korban Pemerkosaan Dalam Membantu Proses Penyidikan Christy Tanasale; Elsa Rina Maya Toule; Margie Gladies Sopacua
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.v3i1.1554

Abstract

Introduction: Rape is one of the most common crimes in society.Purposes of the Research: The purpose of this study is to analyze and discuss the role of the victim in revealing the perpetrators of the crime of rape in the investigation stage and legal protection for victims of rape in the investigation process. Methods of the Research: In this legal research, the author uses normative juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing.Results of the Research: The results of this study indicate that the role of rape victims in the investigation stage is when the victim dares to report, the victim is open and the victim is cooperative and the victim includes clear information, because the role of the victim is very influential in the investigation process. For this reason, there is legal protection for rape victims, where victims get legal protection which is quite clearly stated in Law Number 31 of 2014. As well as other protections such as Juridical Protection, Psychological Protection and Social Protection. So, the authorities can take protective measures for victims and sanctions for perpetrators in accordance with the provisions of applicable regulations.
Penyelesaian Pelanggaran Kode Etik Profesi Bagi Anggota Kepolisian Yang Melakukan Tindak Pidana Penganiayaan (Studi Kasus Pada Polda Maluku) Dinnera Ester Agatha Suripatty; Elsa Rina Maya Toule; Yanti Amelia Lewerissa
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.v3i8.1863

Abstract

Introduction: The National Police is an agency that protects public safety, but now many people are caught committing acts that disturb security and even abuse the community. The existence of these violations adds to the long black list of increasing violations of discipline and the code of ethics committed by members of the National Police.Purposes of the Research: know the procedures for the judicial process and settlement of violations of the Professional Code of Ethics against members of the Ambon City Police who commit criminal acts of persecution. As well as to find out the form of sanctions against members of the Ambon City Police who committed criminal acts of persecutionMethods of the Research: The type of research used in this study is empirical juridical. The research location is the Maluku Regional Police. The population is the entire research unit that will be examined and then analyzed.Results of the Research: There is a Court Decision No.29/Pid.B/2021/PN.Amb which handed down the TK Iptu with criminal decisions and other cases of abuse committed by the TK Iptu. Disciplinary Sanctions that do not cause a deterrent effect and the implementation of the KKEP trial have followed the procedures as in Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission, so the KKEP Decision (Professional Code of Ethics Commission) in the case of PTDH examined Iptu Kindergarten is in accordance with procedures within the National Police as well as in a code of ethics hearing by the Professional Code of Ethics Commission (KKEP) decided that the Iptu TK was dismissed with a dishonorable discharge decision (PTDH). The violators are now making an appeal by submitting it to the appeals commission and are currently in the administrative process.
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