Articles
<![CDATA[Tindak Pidana Kekerasan Dalam Rumah Tangga yang Mengakibatkan Kematian (Studi pada Polresta Pulau Ambon dan Pulau-Pulau Lease) ]]>
<![CDATA[Hendrina Wahju Irianty Munthalib]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Margie Gladies Sopacua]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[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.]]>
<![CDATA[Penerapan Proses Restorative Justice Melalui Pendekatan Restorative Conferencing Initiatives Di Indonesia ]]>
<![CDATA[Melva Noya]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Carolina Tuhumury]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introduction: The Restorative Converencing Initiative is a criminal settlement system that involves perpetrators, victims and related parties, in this way it is hoped that it can solve a crime with the aim of returning everything to its original state.Purposes of the Research: know how to apply the restorative conference initiative process in Indonesia and second, the author wants to examine the process of applying the restorative conference method in the criminal justice system in Indonesia.Methods of the Research: The research method used is Normative-Empirical legal research, the problem approach used is a conceptual approach using primary, secondary legal materials, qualitative analysis.Results of the Research: The results show that Restorative Converencing Initiatives are not something new in Indonesia. Long before the country became independent, indigenous groups had already resolved legal problems using the Restorative Converencing Initiatives. It's just that for naming according to the development of the legal world, then we are familiar with the term Restorative Converencing Initiatives. The settlement process varies according to prevailing customs and social systems in the community group. The basis for conflict resolution using the Converencing Initiatives method is to maintain a balance and kinship in the community.]]>
<![CDATA[Pelibatan Anak Dalam Pemilihan Umum ]]>
<![CDATA[Cindy Agnesia Ratmala]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Erwin Ubwarin]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[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.]]>
<![CDATA[Penerapan Pasal 59 Undang-Undang Nomor 35 Tahun 2014 Terhadap Anak sebagai Korban Perlakuan Salah dan Penelantaran ]]>
<![CDATA[Pricilia Uty Vianty Loppies]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Carolina Tuhumury]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[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.]]>
<![CDATA[Kajian Sosio-Yuridis Pembebasan Bersyarat dan Pemberian Asimilasi Bagi Narapidana pada Masa Pandemi Covid-19 Ditinjau Dari Perspektif Tujuan Pemidanaan ]]>
<![CDATA[Fernando Tantaru]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Erwin Ubwarin]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[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.]]>
<![CDATA[Pertanggungjawaban Perbankan Sebagai Korporasi Atas Penggelapan Dana Nasabah yang Dilakukan oleh Pegawai Bank ]]>
<![CDATA[Suci Sulistiawati]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Margie Gladies Sopacua]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i5.1114
<![CDATA[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.]]>
<![CDATA[Upaya Penanggulangan Terhadap Warga Binaan Perempuan Yang Melakukan Kekerasan ]]>
<![CDATA[Gloria Altika Adriani Lewaherilla]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Margie Gladies Sopacua]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i4.1101
<![CDATA[Introduction: Women's Correctional Institutions are still physically violent among inmates.Purposes of the Research: Analyze and discuss countermeasures carried out for female inmates who commit violence against fellow female inmates.Methods of the Research: This research uses empirical juridical research type with analytical descriptive research type. The technique of collecting legal materials is by conducting library research on legal materials, namely Primary Legal Materials and Secondary Legal Materials. Legal materials analysis techniques are obtained from qualitative classification.Results of the Research: The results of this study indicate that there are female inmates who are serving their criminal period, but also commit violence between inmates. The various factors that cause violence by inmates at the Class III Ambon Women's Correctional Institution are personal problems that become a burden on the inmates' minds, so that always overshadowed by feelings of irritation, boredom, and an emotional nature, which causes emotional instability among the inmates, and the absence of intimacy and harmonious relations between the inmates. As well as efforts to handle cases of violence carried out by inmates at the Class III Ambon Women's Correctional Institution in the form of pre-emptive efforts such as independent and spiritual development, preventive efforts in the form of supervision which is divided into three shifts, repressive efforts of inmates are put in solitary confinement for 6 (six) days and delaying or eliminating certain rights in accordance with a predetermined time.]]>
<![CDATA[Kebijakan Formulasi Pemanfaatan Pengaruh (Trading In Influence) Jabatan Publik Sebagai Tindak Pidana Korupsi ]]>
<![CDATA[Gresye A Pesireron]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Juanrico Alfaromona Sumarezs Titahelu]]>
<![CDATA[ TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/tatohi.v2i10.1443
<![CDATA[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.]]>
<![CDATA[Penyitaan Aset Tindak Pidana Korupsi Pada Tahap Penyidikan Sebagai Upaya Pertama Dalam Pengembalian Kerugian Negara ]]>
<![CDATA[Novalin Noya]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Deassy Jacomina Anthoneta Hehanussa]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1052
<![CDATA[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.]]>
<![CDATA[Membangun Kesadaran Hukum Bagi Anak Dari Kenakalan Remaja ]]>
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Margie Gladis Sopacua]]>;
<![CDATA[Astuti Nur Fadillah]]>;
<![CDATA[Yonna Beatrix Salamor]]>;
<![CDATA[Leonie Lokollo]]>
<![CDATA[ AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 1, Maret 2023 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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DOI: 10.47268/aiwadthu.v3i1.1154
<![CDATA[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.]]>
