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Studi Tentang Penetapan Tersangka Dalam Kasus Prostitusi Online Annisa Fujiyanti; John Dirk Pasalbessy; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i12.879

Introduction: The practice of temporary sexual intercourse, which is more or less carried out with anyone, for monetary compensation. The three main elements in the practice of prostitution are: payment, promiscuity and emotional indifference in this case the suspect based on Law No. 21 of 2007 on online prostitution named vika who lent a room to prostitutes but he did not know that it would be used for prostitution in his room.Purposes of the Research: The purpose of this paper is to find out the evidence used in determining the suspect in online prostitution and the role in providing rooms to become a suspect. Methods of the Research: The method used is empirical juridical research. This type of research is descriptive-analytic. Data obtained From the field data used in this study, primary data and secondary data, data collection techniques are through interviews and qualitative data analysis.Results of the Research: The use of medical approval as evidence of decision Number 114/Pdt.G/2020/PN Bjm was not carried out thoroughly so that it resulted in material and immaterial losses. Factors that influence the use of medical consent as evidence include; lack of patient knowledge, answering patient doubts, confirming procedures in laws and regulations, proving doctors in the feasibility of doing something related to medical work.

Kebebasan Hakim Dalam Penjatuhan Pidana Korupsi Dikaitkan Dengan Surat Edaran Mahkamah Agung Nomor 3 Tahun 2018 Hamdi Pune; Elsa Rina Maya Toule; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i7.664

Introduction: Judges must be free to conduct legal considerations, and feel confident in what they are trying, so that they can impose sentences according to their beliefs and are supported by two pieces of evidence, but the Circular Letter of the Supreme Court Number 3 of 2018, limits judges in making decisions.Purposes of the Research: To analyze and discuss the freedom of judges in making decisions on a criminal act, as well as analyze and discuss the freedom of judges associated with the Circular Letter of the Supreme Court Number 3 of 2018 in criminal acts of corruption.Methods of the Research: The research is normative juridical, using primary and secondary legal materials.Results of the Research: From the results Based on the results of the research, it was found that the Circular Letter of the Supreme Court Number 3 of 2018 binds judges to, and restricts judges from making decisions, but there are judges who follow this circular letter and some do not follow the circular letter, according to with the amount of state losses arising from the corruption committed.

Pelaku Pemalsuan Keterangan Bebas Covid-19 Oleh Anak Buah Kapal KM Cantika 99 Clieverd Jery Tasane; Juanrico Alfaromona Sumarezs Titahelu; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.628

Introduction: The danger of the COVID-19 pandemic has made the Minister of Health set a rapid test as a requirement for travellers. However, rapid test counterfeiting is still being carried out today.Purposes of the Research: To find out the criminal threat against the perpetrators of forgery of Covid-free information documents.Methods of the Research: This research is empirical juridical. Where the legal materials used rely on primary and secondary data.Results of the Research: The results of the study show that the crime of forgery of letters as referred to in article two hundred and sixty-three paragraph one of the Criminal Code was found on Thursday, August 20, 2020 at around 18:00 Wit at the port of Slamet Riyadi Ambon, in the form of fourteen a sheet of laboratory examination results, the letter was made by the suspect Viona M Noya same as Vio at the request of the suspect Izac Siwalette alias Izac which was intended as a sailing requirement for KM crew. Cantika Lestari 99 with the aim of East Seram.

Pelibatan Anak Dalam Pemilihan Umum Cindy Agnesia Ratmala; Elsa Rina Maya Toule; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.572

Introduction: The involvement of children in political campaign activities is a phenomenon that recurs every 5 years or every campaign cycle. Involving children in political campaign activities is not the right action because children have the right to be free from the abuse of political activities.Purposes of the Research: This writing aims to analyze the forms of protection where children are involved in the General Election and to analyze whether political parties can be held responsible for the crime if they involve children in general elections.Methods of the Research: The research method in this writing uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach. The procedure for collecting legal materials uses library research, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are that a form of legal protection for children involved in the election is a form of preventive legal protection and a form of repressive legal protection. Then regarding criminal responsibility, one of the conditions for the formation of political parties is that political parties must be registered with the Ministry to become a legal entity and obtain ratification as a legal entity. Thus political parties that involve children in general elections can be held responsible for the crime.

Kajian Sosio-Yuridis Pembebasan Bersyarat dan Pemberian Asimilasi Bagi Narapidana pada Masa Pandemi Covid-19 Ditinjau Dari Perspektif Tujuan Pemidanaan Fernando Tantaru; Elsa Rina Maya Toule; Erwin Ubwarin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 1 No. 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Introductioan: One of the programs in the correctional guidance system is the provision of assimilation, which is part of the development program of the correctional institution. In connection with the current Covid-19 outbreak, the government has made a policy for the release of prisoners, the government has established it through the assimilation program and the right to integration. The presence of integration assimilation aims to support the eradication of Covid-19 in correctional institutions (LAPAS) and detention centers (RUTAN).Purposes of the Research: Assessing and analyzing from a socio-juridical perspective, conditional and assimilation for prisoners during the Covid-19 pandemic in terms of the perspective of the purpose of punishment and after the prisoner is in the community. Methods of the Research: The research method used is empirical legal research, with the form of evaluative research which aims to assess the implementation of laws and regulations and is carried out by conducting library research and field research. The type of research used in this writing is analytical descriptive. Which is a method that serves to describe or provide an overview of the object under study through data that has been collected through interviews and observations. Results of the Research: From the results of the research conducted by the writer at the Ambon Class IIA Prison (LAPAS) and the Ambon Class II Correctional Center (BAPAS) regarding Assimilated Prisoners. and the process of resocialization and reintegration of prisoners with society and its socio-juridical impact. and the supervision process which is still relatively weak due to its access, such as the lack of Android as a media for guidance and supervision of the sharing community of prisoners who carry out assimilation at home, and also the distance of prisoners' houses which is quite difficult to reach. to be contacted in the middle of the Covid-19 Pandemic administratively (Rapid-Test Letter) for Community Advisors.

Pertangungjawaban Pidana Tim Anggaran Pemerintah Daerah Dalam Penetapan RKA-SKPD Yang Menimbulkan Kerugian Negara Weldy Vienando Lopulisa; Juanrico Alfaromona Sumarezs Titahelu; Erwin Ubwarin
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1563

Introduction: The corruption case at the Ambon City Environmental and Solid Waste Service (DLHP) is getting hotly discussed by the Ambon city public. DLHP Ambon City, where one of the points that became the focus of the prosecution's indictment was the discrepancy in the standard analysis of spending on the fuel oil procurement project for the waste fleet belonging to the Ambon city government.Purposes of the Research: To know the form of abuse of authority by officials that result in state losses. And knowing that the Investigator Formulated the Elements of Abuse of Authority for the Crime of Corruption, the Ambon City Environment and Waste Office. Methods of the Research: The research method used in analyzing and discussing is normative juridical, a normative study must of course use a statutory approach because it is careful that various legal rules are the focus of a research. The legal materials used are primary, secondary and tertiary legal materials.Results of the Research: The results of the study point to the decision Number 32/Pid.Sus-TPK/2021/P stating that the defendant has been indicted by the public prosecutor and has been legally and convincingly proven guilty of committing a criminal act of corruption, as regulated and subject to criminal penalties in Article 3 in conjunction with Article 18 of the Republic of Indonesia Law. Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number R.I. 20 of 2001 concerning Amendments to Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption in conjunction with Article 55 paragraph (1) to 1 of the Criminal Code in the SUBSIDAIR ACCOUNT.

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