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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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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.
Penerapan Hukum Terhadap Tindak Pidana Penyebaran Konten Pornografi Berdasarkan Presfektif Restorative Justice Fitrah Azizah Alif Permatasari; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1560

Abstract

Introduction: The spread of pornographic content can be qualified as a crime because it fulfills the criminal element, namely the objective element and the subjective element.Purposes of the Research: To analyze and discuss Restorative Justice can be used in solving pornographic cases. Methods of the Research: Normative research, with a statutory approach and a conceptual approach, the problem approach used is literature study. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through qualitative analysis methods.Results of the Research: The spread of pornographic content can be qualified as a crime because it fulfills the criminal element, namely the objective element and the subjective element. Law enforcement The application of Restorative Justice can be used in every stage of the criminal justice system and the restorative justice process is only used if the general and specific requirements are met.
Penegakan Hukum Terhadap Peredaran Narkotika Jenis New Psychoactive Subtance di Indonesia Lisa Lisa; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1594

Abstract

Introduction: NPS or new psychoactive substance is a new type of narcotic where the type of substance or content contained in it has not been regulated or has not been classified in legal regulations in Indonesia.Purposes of the Research: To analyze and discuss formulation policies against NPS narcotics. Reviewing and discussing the obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia. As one of the requirements to obtain a Bachelor of Laws degree at the Faculty of Law, University of Pattimura. Methods of the Research: This research is a normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach and the conceptual approach and the case approach. Sources of data obtained are primary legal materials, and secondary legal materials. The technique of collecting legal materials is by collecting and grouping them according to their respective parts, both primary and secondary law. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that from several alternative formulation policies of the Narcotics Law, the appropriate formulation policy to be applied in the future is to change the provisions of Article 6 of the Narcotics Law as follows: narcotics as referred to in Article 5: narcotics class I, narcotics class I II, class III narcotics, all derivatives of class I, II, III narcotics. Although in the future, all evidence must be presented by experts in court to determine whether a particular class of substance is included in the definition of narcotics in the Narcotics Act. But we must prevent all new types of narcotic crimes from escaping the law while maintaining legal certainty. Meanwhile, law enforcement against the circulation of NPS narcotics in Indonesia has not been going well. This is because there are still obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia, namely: legal substance factors, law enforcement factors, facilities and infrastructure factors, modes that are always changing and the silent movement carried out by suspects and factors geographical conditions of the Unitary State of the Republic of Indonesia (NKRI).
Keabsahan Proses Pembuktian Perkara Pidana Dalam Persidangan Yang Bersifat Online Tirza Gloria Latupeirissa; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1801

Abstract

Introduction: Writing with the title: "The Validity of the Process of Proving Criminal Cases in Online Trials", has a problem formulation whether the process of proving criminal cases carried out online is accepted according to the Criminal Procedure Code and how to prove criminal cases ideally.Purposes of the Research:  This writing is intended to analyze and explain the process of proving criminal cases in online courts and ideally proving criminal cases.Methods of the Research: This writing uses a normative juridical research method, the legal materials used are secondary legal materials obtained through library research on primary, secondary and tertiary legal materials. Legal materials are discussed with a statutory approach, a concept approach and a case approach.Results of the Research: That in principle the process of proving criminal cases conducted online can be accepted according to the Criminal Procedure Code as an effort to fill the legal vacuum in the case of "certain circumstances" which are determined as emergencies or other circumstances. Whereas a criminal case evidence is said to be ideal, both in direct/normal trial and electronic/online trial, if it has fulfilled the evidentiary parameters, namely: implementation of proof principles/theory; evidence; submission of evidence; burden of proof; power of proof; and minimal evidence.
Pengenaan Sanksi Pidana Denda Bagi Orang Yang Menolak Untuk Divaksin Rivaldo Laimeheriwa; Deassy Jacomina Anthoneta Hehanussa; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1809

Abstract

Introduction: People still feel unsafe and refuse vaccines to prevent Covid-19.Purposes of the Research: This review aims to discuss and analyze the imposition of criminal sanctions, fines and refusal of vaccines as being categorized as criminal acts.Methods of the Research: This writing is yuridis normatif.ast the Statute Approach, Conceptual Approach,and Case Approach sources of legal materials use in research on legal materials primer,legal materials sekunder.supporting data and information are identified and the systematicallyanalyzed for interpretation abd argumentation to gt conclusion about the problemResults of the Research: Thet imposition of fine for vaccine refusal is a criminal sanction that basically guarantees the rehabilitation of prepetratros, but fine are often imposed as a threat to human freedom
Tindak Pidana Penggunaan Ganja Untuk Keperluan Pengobatan Ronaldo Semmy Kaya; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1819

Abstract

Introduction: This study discusses cannabis which is used as a medicinal ingredient.Purposes of the Research:  analyze adn explain the qualificationof marijuana used as a crime and analyze and explain thr policy of cannabis formulation for medicinal puerpuseMethods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of  legal regulations, scientific papers and literatureResults of the Research: The results of the study indicate that the use of marijuana for medicinal purposes can be subject to criminal penalties as it is known that marijuana is a class I narcotic besides Article 37 of Law Number 35 of 2009 stipulates that only Narcotics Groups II and III can be used as medicinal ingredients. Furthermore, Article 53 of Law Number 35 of 2009 regulates the use of Narcotics II and III in limited quantities to be used as treatment materials. However, class I narcotics are not allowed to be used as any medication. That means those who store, distribute and use marijuana can be punished.
Implementasi Tugas Hakim Pengawas Dan Pengamat Terhadap Pelaksanaan Putusan Pengadilan Pada Lembaga Pemasyarakatan Di Indonesia Robertho Sohilait; Deassy Jacomina Anthoneta Hehanussa; Juanrico Alfaromona Sumarezs Titahelu
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10498

Abstract

The institution of supervisory judges and observers is a new institution that was born with the enactment of Law No. 8 of 1981 concerning the Criminal Procedure Code. The task of supervision and observation is very important, considering that its duties are not only related to convicts who have been sentenced, but also to convicts who have finished serving their sentences with the aim that there is a guarantee that the decisions handed down by the court are carried out properly. Purposes of the Research: The type of research used is normative legal research using a statute approach, a conceptual approach, and a case approach. While the sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results of the Research: From the results of the study, it is explained that supervisory judges and observers are very relevant in the implementation of the current criminal justice system because with the presence of supervisory judges and observers they can carry out direct supervision and observation of court criminal decisions that have legal force and can directly assess whether the decision can be useful. for prisoners or not so that when he is ready to return to the midst of society so that the purpose of the criminal justice system that corrects the perpetrators can be realized, but as long as in Indonesia the implementation of the rights of supervisors and observers is not carried out properly, this is due to the absence of strict sanctions to judges and courts, the lack of regulations and provisions regarding supervisory and observer judges, as well as supervisory and observer judges can be considered as interfering formally with the authority of the penitentiary, therefore the cooperation of the ministry of law is required. and human rights and the judiciary to formulate new regulations for supervisory and observer judges.
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.
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