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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum LUTUR Law Journal PATTIMURA Law Study Review
Deassy Jacomina Anthoneta Hehanussa
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Pendekatan Restorative Justice Dalam Penyelesaian Tindak Pidana Pencemaran Nama Baik Di Bidang Informasi dan Transaksi Elektronik Viona Juanne Huwae; Deassy Jacomina Anthoneta Hehanussa; Iqbal Taufik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10875

Abstract

ABSTRACT: Defamation by means of social media is indeed easy to do and spreads quickly and is known by many people. This has an adverse impact on other people which has legal implications as contained in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008, Article 36 as referred to in articles 27 to 34 which result in losses for other people. This study uses the Normative Juridical method with the Study of Statutory Approaches, Case Approaches, and Conceptual Approaches. Legal Material Collection Techniques are carried out using library research. The sources of legal material used in this study are the study of primary legal materials, the study of secondary legal materials, and the study of tertiary legal materials. The legal materials are analyzed using a qualitative approach. The results of the study show that the Restorative Justice Approach is used in solving criminal acts of defamation in the field of ITE as an alternative in seeking peace so that prison sentences are no longer imposed, and the process is replaced by mediation involving the perpetrator, victim, perpetrator's family, and/or the victim's family and stakeholders. The application of Restorative Justice must be carried out on specific crimes, especially on defamation crimes which are an alternative in the law enforcement process. The Restorative justice approach to criminal acts of defamation in the field of ITE needs to be carried out to protect a person's dignity from acts of insult and the Government must make a legal basis such as a Law that further regulates Restorative Justice, so that its application is more optimal.
Penipuan Berkedok Investasi Jenis Binary Option Muhammad Ajirifano Sahubawa; Deassy Jacomina Anthoneta Hehanussa; Jacob Hattu
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10895

Abstract

ABSTRACT: Fraud under the guise of Binary Option type Investment is one of the many scams under the guise of investment. To find out the modus operandi of fraud under the guise of investment, especially the type of Binary Option as well as legal remedies and legal protection from victims of fraud under the guise of investment of the Binary Option type, this research was made as an effort to prevent the public from financial losses due to fraud under the guise of investment. The research method used in this study is normative juridical with statutory, conceptual and case approaches. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of the study show that Binary Option investment is a form of online gambling disguised as an investment. Therefore, everyone who introduces and promotes Binary Options trading and similar things as an investment is clearly a fraud who wants to seek personal gain. Therefore, this research is needed to increase public literacy regarding investment as an effort to eradicate fraud under the guise of investment. Various modus operandi carried out by the perpetrator in an effort to smooth out the action, namely; creating and distributing social media content containing misleading information regarding the Binomo platform, creating fictitious trading courses, and trading fictitious trading robots. In addition, related legal remedies that can be taken to avoid Binary Option investment fraud are preventive legal remedies, which are carried out by reporting and categorizing all forms of investment offers that have a mechanism and system similar to Binary Options as a form of online gambling that violates statutory provisions.
Tindak Pidana Penyadapan Dengan Modus Sniffing Junior Teng Lewier; Deassy Jacomina Anthoneta Hehanussa; Iqbal Taufik
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12032

Abstract

Sniffing is the illegal interception and capture of data while traveling over a network using certain tools. The research method used is normative juridical using a regulatory-legislative approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The analysis of legal materials used is qualitative analysis. The results of the research show that: there are several obstacles in overcoming criminal acts of fraud using the sniffing mode, namely Article 28 paragraph (1) of the ITE Law can only be used in criminal acts of online fraud which are characterized by online buying and selling activities only, whereas in Article 378 of the Criminal Code can only be used to ensnare perpetrators of conventional fraud crimes. Apart from that, overcoming criminal acts of fraud using the sniffing mode can be carried out with a penal policy of forming new laws that regulate sniffing, and non-penal measures which can be carried out by improving the economy and education.
Kajian Kriminologis Penanggulangan Tindak Pidana Penganiayaan (Studi Pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Christy Moren Manduapessy; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12035

Abstract

The crime of assault is an act committed by someone intentionally causing pain or injury to another person. In Maluku Province, especially Ambon City, criminal acts of abuse investigated by the P. Ambon and P. P. Lease Police in the last 3 years have increased, according to Article 351 of the Criminal Code. This research aims to find out whether criminological aspects are taken into account in dealing with criminal acts of abuse and how criminal acts of abuse carried out by the P.Ambon and P.P Lease Police are handled. The research method used empirical juridical research methods Research Locations P. Ambon and P.P Lease Police, Nusaniswe Police, Teluk Ambon Police and Sirimau Police, Sample, Population, Respondents, Data sources used are primary data and secondary data. Material collection techniques through observation, interviews and quantitative analysis of legal materials. Based on the results of research and discussion, in Maluku Province, especially Ambon City, it is handled by the P. Ambon Police and P. P. Lease, namely criminal acts of abuse. The phenomenon that occurred at Nusaniwe Police, Teluk Ambon Police and Sirimau Police has increased in the last three years. Law enforcement of criminal acts of abuse at the P. Ambon and P. P. Lease police stations lacks incomplete evidence, there is a lack of public understanding, especially witnesses who see and know about criminal acts of abuse, often do not want to be witnesses in the investigation process until the trial stage and victims do not know who the perpetrators are. Committing criminal acts of abuse. Efforts to overcome criminal acts of abuse can be carried out using three measures, namely Pre-emptive Efforts, Preventive Efforts and Repressive Efforts. Pre-emptive efforts made by the police to instill good norms. Preventive efforts through coaching, education and community awareness. Repressive efforts were carried out by rehabilitation.
Co-Authors Arios Valentino Taghupia Christy Moren Manduapessy Elsa Rina Maya Toule Fitrah Azizah Alif Permatasari Hadibah Zachra Wadjo Iqbal Taufik Jacob Hattu Jacob Hattu Jihan Risya Cahyani Prameswari John Dirk Pasalbessy Juanrico Alfaromona Sumarezs Titahelu Julianus Edwin Latupeirissa Julianus Edwin Latupeirissa Junior Teng Lewier Lionie Lokollo Lisa Lisa Margie Gladies Sopacua Marthinus Johanes Saptenno Muhammad Ajirifano Sahubawa Nadine Yemersa Imanuela Alfons Nadya Riska Wati Rumain Novalin Noya Novi Yanti Sandra Tutuarima Philippa Philomena Kosho Rafli Rizki Rasyid Reimon Supusepa Reyhard Jonathan Ilely Rivaldo Laimeheriwa Robertho Sohilait Ronaldo Semmy Kaya Tirza Gloria Latupeirissa Vica Jillyan Edsti Saija Viona Juanne Huwae Widya Natalia Singadji Yonna Beatrix Salamor