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All Journal Jurnal Belo Journal of Education Technology Information Social Sciences and Health Journal of Strafvordering Indonesian
Juanrico Alfaromona Sumarezs Titahelu
Universitas Pattimura
Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Neuroscience Nursing Public Health

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Pelaksanaan Pembuktian Dalam Tindak Pidana Terorisme Juanrico Alfaromona Sumarezs Titahelu
JURNAL BELO Vol 4 No 2 (2019): Volume 4 Nomor 2, Februari 2019 - Juli 2019
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (484.883 KB) | DOI: 10.30598/belovol4issue2page145-157

Abstract

Over the past few years these crimes have been growing more rapidly and disturbing the public. In the criminal acts of terrorism have become increasingly destructive form of crime with global scope. The Government has issued Government Regulation (decree) No. 1 of 2002 on Combating Criminal Acts of Terrorism. Then on April 4, 2003 decree that legalized as Law No. 15 Year 2003 on Eradication of Terrorism. But in reality proving criminal acts of terrorism is still a lot that is not in accordance with the existing rules, which means that there are many deviations that occur in the process of proving the criminal act of terrorism. Proving that in many criminal acts of terrorism against the rules of the higher law (Criminal Procedure Code) in comparison with the criminal act of terrorism law itself (Law No.15 of 2003). So that there are obstacles in proving the crime of terrorism is one of the Human Rights in value has been violating basic human
Legal Aspects of International Cooperation Between Countries on Terrorism Criminal Action: Human Rights Perspective Juanrico Alfaromona Sumarezs Titahelu
JURNAL BELO Vol 8 No 1 (2022): Volume 8 Nomor 1, Februari Tahun 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue1page67-84

Abstract

Terrorism has become a worldwide concern since the events of September 11, 2001, in the United States, in addition to the Bali bombings in Indonesia in 2002 and the bombings at Davao City airport in 2003. The broad impact of terrorism has caused Indonesia and the regional countries of Southeast Asia to feel very interested in actively participating in solving this problem. Forums for discussion and cooperation in the fight against terrorism have also arisen in the Southeast Asian region, such as the ASEAN Ministerial Meeting on Transnational Crime (AMMTC), which is a meeting forum within ASEAN to discuss issues of transnational crime. The purpose of this document is to examine and discuss the legal aspects of international cooperation in efforts to combat criminal acts of terrorism. The method that the researcher uses is a normative method, which uses a statutory approach, a case approach, and a conceptual approach. The technique of collecting legal materials used is by reviewing, identifying, and classifying primary and secondary legal materials based on library research. Then, the researcher describes qualitative description. Terrorism is all forms of actions and attitudes that are directly implemented against a country with the aim of creating terror against certain persons, groups, individuals, or the wider community. International cooperation between countries in order to maintain security against counter-terrorism crimes in ASEAN is necessary for achieving dynamic peace and stability while still prioritizing Indonesia's national interests which will also support the creation of an ASEAN Community in 2015 which consists of three mutually supportive principles, including the political-security community, the economic community, and the social and cultural community. The legal aspects of international cooperation between countries in efforts to combat terrorism include preventive, preventive, and repressive measures.
Analysis of Military Court Decision Number 94-K/PM III-18/D/IX/ 2018 in The Case of Persecution Committed by Unscrupulous Military Personnel Victor Januaris Berutu; Juanrico Alfaromona Sumarezs Titahelu; Elias Zadrach Leasa
JETISH: Journal of Education Technology Information Social Sciences and Health Vol 2, No 2 (2023): September 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/jetish.v2i2.987

Abstract

The decision of the Ambon Military Court III-18 Number: 94-K/PM III-18/AD/IX/2018 is a case of persecution. Basically, the decision of the Military Court is closed to members of the TNI itself so that public opinion never sees it. The decisions taken sometimes lack a sense of justice for members of the TNI who are accused. Therefore, the aspect of justice is one of the references in seeing the judge's consideration in making a Military Court decision. This research is to analyze and examine the military court verdict number 94-K/PM III-18/D/IX/2018 in the case of persecution committed by members of the TNI that has fulfilled a sense of justice and explain and examine the legal considerations of judges in imposing Military court verdict Number 94-K/PM III-18/D/IX/2018. This research uses normative research type. It was found that the Military Court Decision Number 94-K/PM III-18/D/IX/2018 in the case did not fully fulfill the sense of justice. The verdict only in terms of substantive justice is not fulfilled, while in terms of procedural justice it has been fulfilled. Thus the verdict has not fulfilled the sense of justice for the defendant himself. The judge's legal considerations in handing down Military Court Decision Number 94-K/PM III-18/D/IX/2018 in the case of persecution committed by members of the TNI are based on facts or events that occur and are supported by existing evidence, so that the judge can make decisions in accordance with the mistakes made
A Normative Review of the Integration of Customary Criminal Sanctions into the National Sentencing System for Land Rights Violations Judy Marria Saimima; Adonia Ivonne Laturette; Juanrico Alfaromona Sumarezs Titahelu
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/p9eeg803

Abstract

The coexistence of customary criminal sanctions and the national sentencing system in Indonesia reflects the country’s plural legal structure, particularly in cases involving land rights violations. While indigenous communities continue to enforce customary sanctions that are socially binding and restorative in nature, Indonesian positive law remains normatively ambiguous regarding their legal status within state-imposed criminal punishment. The enactment of Law No. 1 of 2023 on the National Criminal Code recognizes living law but fails to provide explicit guidance on how customary sanctions should be integrated into sentencing decisions. Using normative legal research with statute, conceptual, and case approaches, this article examines the juridical position of customary criminal sanctions and their implications for legal certainty and proportionality in sentencing. The analysis demonstrates that unregulated coexistence between customary sanctions and state punishment risks inconsistent judicial practices and potential violations of the principle of non bis in idem. This article argues that customary criminal sanctions may only be integrated into the national sentencing system through explicit normative positioning, either as mitigating factors or as regulated corrective measures, in order to uphold legality, legal certainty, and substantive justice in land rights cases.
Co-Authors Adonia Ivonne Laturette Elias Zadrach Leasa Saimima, Judy Marria Victor Januaris Berutu