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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, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i2.618

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of a criminal case of persecution through diversion is successful in peace between the parties, the report will be withdrawn because there has been a mutual agreement in the settlement that has been carried out.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.

Pertanggungjawaban Pidana Pelaku Pembobolan Kartu Kredit Dalam Tindak Pidana Di Bidang Perbankan Galang Ramadhan Djokdja; Sherly Adam; Margie Gladies Sopacua
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: There are many cases of fraud with credit cards at banks known as carding, but there is no new legal rule to ensnare the perpetrators so that the judges still use the old rules, namely the Criminal Code. Law enforcement in the banking sector includes regulatory issues in the field of information technology and other aspects are the ability of law enforcement officers, public legal awareness, and infrastructure that supports law enforcement, especially in reviewing criminal liability for perpetrators.Purposes of the Research: Criminal liability for credit card burglary perpetrators in criminal acts in the banking sector. Methods of the Research: The research method used is normative juridical with a problem approach in the form of a statutory approach, a conceptual analysis approach and a case approach. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through library research and processing techniques and analysis of legal materials through descriptions using qualitative methods.Results of the Research: The results of the study indicate that the criminal law regulation of the crime of carding has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and has been formulated in articles 362, 363 and 378 of the Criminal Code. namely about Theft and Fraud. Carding criminal liability can be carried out based on the ability of the perpetrator to be responsible; there is an error in the form of a deliberate act of the perpetrator as proven in accordance with the articles in paragraph; there is no excuse for his actions; and may be subject to sanctions for carding criminals.

Penjatuhan Sanksi Bagi Anak Didik Pemasyarakatan Pasca Melarikan Diri (Studi pada Lembaga Pembinaan Khusus Anak Kelas II Ambon) Deotrich Sammuel Sahetapy; Sherly Adam; Hadibah Zachra Wadjo
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The imposition of sanctions for correctional protégés who escape from the Ambon Class II Special Guidance Institute for Children when the child is serving his criminal period.Purposes of the Research: The purpose of this article is to analyze and discuss the sanctions imposed on correctional students after escaping from the Special Development Institute of Children Class II Ambon.Methods of the Research: The research method used in this research is empirical juridical/sociological juridical, which is a type of research that aims to describe a statement that is in the field based on legal principles, legal rules or legislation that applies and has something to do with the problems that occur.Results of the Research: The results showed that the imposition of sanctions on correctional students after escaping from the Ambon Class II Children's Special Guidance Institute based on the classification of violations of the seriousness level including serious disciplinary violations and if adjusted to the type of disciplinary sanctions the actions of the correctional students were classified as severe disciplinary sanctions, so that the sanctions imposed were severe. imposed or given by the Ambon Class II Children's Special Guidance Institute to correctional students, namely the sanction of cleaning the bathroom.

Pemenuhan Hak Anak Korban Pornografi Dalam Sistem Peradilan Pidana Anak Paramitha Agustina Grace Wakim; Sherly Adam; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The fulfillment of the rights of child pornography victims is contained in the Child Criminal Justice System Act and Based on the context of Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection and Government Regulation (PP) Number. 40 Year 2011 On The Development, Mentoring and Recovery of Children Victims and Perpetrators Ponography. Legal protection of children and their rights as victims and perpetrators of pornography do not seem to have received serious attention even though it actually depends on how a country finds a leader who cares about children.Purposes of the Research: This paper aims to analyze and discuss the fulfillment of the rights of child pornography victims in the Child Criminal Justice System.Methods of the Research: Research methods are used with normative juridical research types. The problem approach used is the legal approach, concept analysis approach, case approach, Source of legal materials used primary legal materials and secondary legal materials. Collection techniques through literature studies and then analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the fulfillment of the rights of child pornography victims has not been fulfilled properly in accordance with Law No. 11 of 2012 on the Criminal Justice System of Children. This means that the Child Protection Act has not been balanced with the implementation of child protection. This is because there are still obstacles faced in the fulfillment of the rights of children victims porngrafi. The fulfillment of the rights of children victims of pornography in the legislation include: the right of mentoring, the right of health services, the right of guidance, the right of protection and in Government Regulation No. 40 of 2011 on the guidance, mentoring, and recovery of children who are victims and perpetrators of pornography according to Article 20 is done by means of mentoring: counseling, psychological therapy, social advocacy, improving ability and willingness, providing access to health services and / or legal assistance.

Perspektif sobural terhadap tindakan pornografi yang dilakukan anak di media sosial Olivia Womtiseli Naomi Marantika; Sherly Adam; Yonna Beatrix Salamor
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: This article discusses the soburural perspective on the acts of pornography committed by children on social media.Whether we realize it or not that most social media has spectacles or pages that are not worth watching by children such as pornography and this will dilute social and religious values. The presence of the internet is often seen as a medium that has an influence on the values adopted by society so that it results in disorganization. This kind of social condition turned out to be also supported by the formation of a layer of power in the mastery of internet technology so that gradually a condition of society that did not obey the rules was formed. Sobural theory that actually brings an understanding of the problem of criminal acts of pornography through the internet is not directed at the formation of a new culture through the attitude of abandoning old cultural values and accepting new cultural values, or adaptation to new cultural valuesPurposes of the Research: This article aims to analyze the sobural perspective on pornographic acts committed by children on social media and the impacts arising from pornographic acts committed by children on social media. discusses criminal law enforcement against the development of IT (internet) and gadgets that allow the transfer and transmission of pornographic material quickly and directly accessible to childrenMethods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the sobural perspective on pornographic acts committed by children on social media was not in accordance with social, cultural and structural values. As well as the impact of pornographic acts committed by children on social media are addiction, damage to the brain, decreased intellectual level, the desire to try and imitate, start doing pornographic actsgrfi.

Angkatan Darat Yang Melakukan Tindak Pidana Asusila Di Muka Umum Yuda Prihandana; Sherly Adam; Leony Lokollo
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: In criminal cases committed by a military soldier, it must be resolved within the Military Court. Including if an unscrupulous military soldier commits an immoral crime in public.Purposes of the Research: Analyzing and discussing the application of the elements of criminal acts in Article 281 of the Criminal Code has been fulfilled in immoral crimes committed by soldiers and analyzing and discussing Army soldiers who commit immoral crimes in public can be applied to Article 281 of the Criminal Cod. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach, a conceptual approach and qa case 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 the application of the elements of criminal acts in Article 281 of the Criminal Code against TNI AD soldiers who committed immoral crimes in public in Military Decision Number 121-K/PM-III-18/AD/XI/2019, based on legal considerations of military judges that the defendant (TNI AD soldier) was proven guilty and convincingly committed an immoral crime in public, the elements of Article 281 of the Criminal Code have been fulfilled, namely the element of whoever, intentionally and openly violates decency, so that TNI AD soldiers who commit immoral crimes in public are sentenced or be subject to a criminal sanction of 3 (three) months in prison. and stipulates that during the time the defendant is in temporary detention, the total amount of the sentence imposed is deducted. Indonesian Army soldiers who commit immoral criminal acts in public can be applied to Article 281 of the Criminal Code, because in the Military Criminal Code it has not been specifically regulated regarding immoral acts that can be imposed on members of the Army and although the Military Criminal Code is a Lex specialis or specificity of the Criminal Code, it must remain refers to the Criminal Code.

Pemenuhan Hak-Hak Korban Kekerasan Dalam Rumah Tangga (Studi Pada Polres Kepulauan Aru) Dominggus Steven Djilarpoin; Sherly Adam
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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Introductioan: Victims of domestic violence can exercise their rights as mandated in the PKDRT Law so that they can assist the police in smoothing the legal process that is handled and cooperation between the Police and related agencies and the victims themselves is needed in order to minimize cases of domestic violence that occur. so far according to the children of the PKDRT Law.Purposes of the Research: This study aims to analyze and discuss the fulfillment of the rights of victims of domestic violence at the Aru Islands Police This type of research is normative juridical. Methods of the Research: This study uses a normative juridical method. The problem approach used is the statutory approach, concept analysis approach and case approach. Legal materials use primary legal materials and secondary legal materials. The technique of collecting legal materials is through literature study and qualitative analysis of legal materials. Results of the Research: Fulfillment of the rights of victims of domestic violence carried out by the Aru Islands Police has been in accordance with Law Number 23 of 2004 concerning the Elimination of Domestic Violence, in Article 10 which explains the rights given to victims of violence in household, namely providing protection for victims. The protection provided includes medical services for victims, cooperating with social institutions related to legal assistance and assistance, conducting socialization on domestic violence, providing spiritual guidance services. The Aru Islands Police have implemented and fulfilled the rights of victims of domestic violence, but in the fulfillment of their rights, there are still obstacles faced by both the Police and the victims themselves, where the victims do not fully use the rights of the victims as mandated in the The PKDRT Law.

Mekanisme Penggunaan Closed Circuit Television Sebagai Alat Bukti Petunjuk Dalam Tindak Pidana Pembunuhan Michelle Nicole Sarimanella; Sherly Adam; Elias Zadrach Leasa
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.v2i7.1133

Introduction: Closed Circuit Television (CCTV)) is a digital video camera device that is used to transmit signals to a monitor screen in a certain room or place. It has the aim of being able to monitor the situation or condition of a certain place, so that it can prevent the occurrence of a crime or can be used as evidence of a crime that has occurred.Purposes of the Research: Analyze and discuss the mechanism of using CCTV as evidence of evidence in the crime of murder and Knowing the obstacles in using CCTV as evidence of instructions in the crime of murderMethods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that CCTV in its mechanism can be used as evidence for instructions in a criminal act, especially a crime of murder, if the CCTV has a link between witness statements, letters, and the defendant's statement as stated in Article 188 Paragraph (2) of the Criminal Procedure Code although there are several obstacles in the evidentiary process such as unclear CCTV footage and different expert views regarding the use of CCTV recordings as evidence for instructions in the process of proving the crime of murder.

Perlindungan Hukum Terhadap Pelaku Tindak Pidana Yang Menjadi Korban Penganiayaan Massa Frits Jesaldi Leunupun; Sherly Adam; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1452

Introduction: Indonesia as a state of law is obliged to provide legal protection for citizens who get acts of violence or persecution both as perpetrators and as victims of criminal acts.Purposes of the Research: This study aims to analyze and discuss legal protection arrangements for criminals who are victims of mass persecution in criminal law in Indonesia and analyze and discuss forms of legal protection for criminals who are victims of mass persecution. Methods of the Research: The research method used is normative juridical research. The problem approach used is the statutory approach, the conceptual analysis approach and the case approach. The legal materials used are primary and secondary legal materials. The collection technique uses a literature study as well as processing techniques and analysis of legal materials through description using qualitative methods.Results of the Research: The results of the study indicate that the regulation of legal protection for perpetrators of criminal acts who are victims of mass has not been clearly regulated because the legal protection arrangements in the legislation for victims to become perpetrators of criminal acts are still separate, where the arrangements for victims and perpetrators are still separate. criminal acts are regulated respectively in the laws and regulations of criminal law in Indonesia and forms of legal protection for perpetrators of criminal acts who are victims of mass persecution include medical services and restitution, medical services are provided to victims of crime by undergoing treatment in hospitals and restitution namely the provision of compensation given by the defendant/perpetrator to the victim of a crime because even though it is the perpetrator of a crime who later becomes a victim, protection can be given as a manifestation of the protection of human rights.

Perlindungan Hukum Terhadap Anak Korban Kekerasan yang dilakukan oleh Orang Tua Wali Jeheskel Retraubun; Sherly Adam; Carolina Tuhumury
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.v2i12.1460

Introduction: A child is vulnerable to being a victim of abuse. The perpetrator could be the closest person, it is even possible that the child's parents themselves.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the rights of children victims of violence in the care of their parents guardians in the law as well as to analyze and discuss forms of special protection for children victims of violence by their parents. Methods of the Research: The type of research used is a normative legal research type (juridical normative), the problem approach used in this paper is a statutory approach (statute approach), concept analysis approach (analytical approach) and case approach (case approach). The materials used are primary legal materials and secondary legal materials. The collection of legal materials carried out in this study was carried out through library research, then analyzed using qualitative methods.Results of the Research: The regulation of legal protection for children victims of violence in the care of parents guardians in the law where the law of protection of children victims of violence committed. Forms of legal protection for children who are victims of violence carried out by parents and guardians provided by the government are coaching, mentoring, and social, health, physical and mental recovery. Then the form of special protection provided by the community and parents is to provide facilities and infrastructure, create a conducive atmosphere for children's growth and development, and nurture, nurture, educate and protect children.

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