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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review SANISA: Jurnal Kreativitas Mahasiswa Hukum SASI
Sherly Adam
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pertimbangan Hukum Hakim Terhadap Kesaksian Yang Meringankan Dalam Tindak Pidana Pemerkosaan Cantika W Muhrim; Sherly Adam; Elias Zadrach Leasa
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.v2i10.1442

Abstract

Introduction: The judge's legal considerations are one aspect of realizing the value of a judge's decision that contains justice and contains legal certainty. In deciding a case the judge must consider the juridical, sociological and philosophical truths.Purposes of the Research: Analyze and discuss the judges legal considerations against the mitigating testimony based on the decision of the district cour No. 396/Pid.B/2019/Pn.Amb)”. analyze and discuss the imposition of sanctions against the crime of rapoe based on decision No. 396/Pid.B/2019/Pn.Amb)”. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the judge’s leal considerations in the decision No. 396/Pid.B/2019/Pn.Amb resulted in the defendant bein acquitted because of the weak evidence presented by the public prosecutor, namely there were no eye witnesses, expert witnesses and also Visum et Repertum which were not used as evidence. On the other hand, the defendant has a mitigating witness, where mitigating facts greatly influence the judgge in imposing sancsions. Based on this decision the judge that the intercourse was consesual, so the judge handed down an acquittal against the defendant.
Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan yang Dilakukan Masyarakat Pada Masa Pandemi Covid-19 di Kota Ambon Sherly Adam; Reimon Supusepa; Jacob Hattu; Iqbal Taufik
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.441

Abstract

This study aims: 1. To determine and analyze law enforcement against violations of health protocols during the Covid-19 pandemic in Ambon City. 2. To find out and analyze the application of sanctions for violations of health protocols committed by the community during the Covid-19 pandemic in Ambon City. This research was conducted using a normative juridical research using a statutory approach, a conceptual analysis approach which is a descriptive study of qualitative analysis. The results of this study indicate that Law Enforcement against violations of health protocols during the Covid 19 pandemic in Ambon City is carried out based on statutory regulations, by limiting Community Activities (PKM), Large-Scale Social Restrictions (PSBB) as a form of law enforcement against health protocol violations. during the Covid 19 pandemic in Ambon City through socialization in preventing the spread of the Covid 19 virus and Large-Scale Social Restrictions (PSBB) by applying sanctions against offenders. However, law enforcement against violations of health protocols has not been carried out properly. This is due to the fact that health protocol violations are still occurring in Ambon city. 2. Imposing sanctions for violations of health protocols during the COVID-19 pandemic in Ambon city which is regulated in the Ambon City Mayor's Regulation on PSBB by applying written warning sanctions, administrative sanctions, social sanctions and criminal sanctions to violators. However, the application of sanctions against violators has not provided a deterrent effect on health protocol violators.
Co-Authors Cantika W Muhrim Carolina Tuhumury Deotrich Sammuel Sahetapy Dominggus Steven Djilarpoin Elias Zadrach Leasa Elsa Rina Maya Toule Frits Jesaldi Leunupun Galang Ramadhan Djokdja Hadibah Zachra Wadjo Indra Wijayanti Iqbal Taufik Jacob Hattu Jeheskel Retraubun Leony Lokollo Margie Gladies Sopacua Michelle Nicole Sarimanella Olivia Womtiseli Naomi Marantika Paramitha Agustina Grace Wakim Reimon Supusepa Yonna Beatrix Salamor Yuda Prihandana