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All Journal TATOHI: Jurnal Ilmu Hukum
Julianus Edwin Latupeirissa
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Penerapan Ajaran Turut Serta dalam Pertanggungjawaban Pelaku Tindak Pidana Narkotika Matheos Bastian Wattimena; Elsa Rina Maya Toule; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 3 (2022): Volume 2 Nomor 3, Mei 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Narcotics abuse is the use of narcotics not for medicinal purposes, which causes changes in physical and psychological functions and causes dependence without a prescription and without the supervision of a doctor. Meanwhile, narcotics illicit trafficking is any activity or series of activities carried out without rights or against the law which is determined as a narcotics crime.Purposes of the Research: This writing aims to apply the teachings of participating in decisions in the Masohi District Court Decision. Methods of the Research: The type of legal research carried out is normative juridical, with sources of legal material in the form of primary and secondary legal materials. The problem approach is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials is done by first collecting primary legal materials and then linking them to secondary legal materials. The processing and analysis of legal materials is described qualitatively.Results of the Research: Narcotics abuse is the use of Narcotics for no purpose, which causes changes in function and psychological treatment and causes physical dependence without a prescription and without a doctor's supervision. Meanwhile, illicit drug trafficking is any activity or desire carried out without rights or against the law which is determined as a narcotics crime. One example of a case based on the decision of the Masohi District Court Number 12/Pid.Sus/2020/PN Msh and Number 12/Pid.Sus/2020/PN Msh carried out by the two defendants named Trikarna Lewenussa Alias Cetril and Rosihan Anwar Sahulau Alias Andri.
Pertimbangan Aspek Sosio-Yuridis Terhadap Penggunaan Pasal 54 Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Brensby Williams Manuhutu; John Dirk Pasalbessy; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The law has a broad perspective in looking at a crime. Crime is not just something that violates legal norms, but also every form of violation of various types of norms, both religious norms, morals, customs to legal norms. Developments that are increasingly advanced, of course crime is also more developed in people's lives, so we often encounter delinquency in the form of narcotics abuse.Purposes of the Research: This writing aims to examine and analyze the socio-juridical reasons for someone suspected of using narcotics to be rehabilitated according to Article 54 of Law Number 35 of 2009 concerning Narcotics, to examine and analyze the effect of the rehabilitation process on subsequent legal proceedings. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery.Results of the Research: The results showed that rehabilitation is also an effort to restore and make narcotic addicts live physically and spiritually healthy so that they can adjust and improve their skills, knowledge, and intelligence in the environment. The integrated assessment mechanism that was born from concerns about the handling of narcotics abusers is expected to be the main gate for development in the field of law against narcotics abusers in the future.
Pendekatan Restorative Justice Dalam Penyelesaian Perkara Tindak Pidana Narkotika Pada Tahapan Penyidikan Jesylia Hillary Lawalata; Juanrico Alfaromona Sumarezs Titahelu; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The handling of narcotics abuse is carried out by two methods, namely prevention without punishment through mandatory reporting of addicts and implementation of rehabilitation law enforcement with a restorative justice approach. Restorative Justice, is a model of a criminal case settlement approach where all parties with an interest in the case meet together to resolve fairly by emphasizing returning to its original state and not retaliation.Purposes of the Research: This study aims to analyze and discuss the mechanisms and procedures for resolving narcotics crime cases at the investigation stage with the Restorative Justice approach at the investigation stage and to analyze and discuss the investigator's considerations in resolving narcotics crime cases through restorative justice at the investigation stage. Methods of the Research: The research method used is a normative juridical research type. The problem approach used is the statutory approach, concept analysis approach, and case approach. The legal materials used are primary legal materials and secondary legal materials. Procedures and Collection of Legal Materials through literature study and Processing and Analysis of legal materials are then analyzed by means of description using qualitative methods.Results of the Research: The results of the study show that the mechanisms and procedures for resolving narcotics crime cases with a restorative justice approach at the investigation stage are as follows: making administrative investigations (initial interrogation, celebrating communication tools, case titles, making police reports, investigation warrants, minutes of witness examinations). , urine test), the suspect submits a letter of application to the Kapolda/Kapolres, the investigator makes the administration of the investigation (request for assessment, determination of the status of evidence, determination of approval for confiscation, Minutes of Examination of the Suspect), implementation of assessment, coordination with Balai POM, results of assessment and recommendation of Kapolda / Police Chief, case title (Warrant for Termination of Investigation). Investigators' considerations in resolving narcotics crime cases with a restorative justice approach at the investigation stage are: the suspect is a victim of drug abuse, the urine result is positive, the suspect is not involved in the network, has An assessment has been carried out and the suspect is willing to cooperate with investigators in eradicating narcotics trafficking.
Pertimbangan Penyidik Dalam Penetapan Status Tersangka Dalam Kasus Video Porno Oktovianus Nurlatu; Elsa Rina Maya Toule; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Determition of GA as a suspect in the case of his personal pornographic video, together with MYD, on GA social media, he was charged with the prohibition of article 4 paragrahp (1) of law number 44 of 2008 concerning pornography, article 4 paragraph (1) in its explanation of making and for its own sake. And GA is a victim, but in fact investigators set GA as a suspect.Purposes of the Research: Explain about what is the basis for determining GA as a suspect in a porn video case and proving pornographic elements in the determination of GA as a suspect in a porn video case.Methods of the Research: The type of research used is normative juridical research. The approach to the problem used is a statutory approach that prioritizes legal materials and a case approach.Results of the Research: Based on the results of the study, it can be concluded that it is based on preliminnary evidence, namely evidence of  GA’s confession and evidence of  a 19-second video clue that exists who  confirm that the person in the 19-second porn video is GA.that GA’s actions meet the qualifications of the elemens of article 4 paragraph (1) in conjunction with  article 29 of the pornography law, related to the elements of his actions, namely producing and making, as well as elemens of the object of his actions, namely making videos of sexual activities with MYD and fulfilling the qualifications of the elemens of article 8 juncto article 34 of the pornography law, namely subjective elements and objective elemens because they intentionally or with their consent become objects containing pornography law in the future,it can be emphasized so that in carrying  out law enforcement efforts related to pornograhy cases it will be better without violating the human rights of the community.
Penyelundupan Narkotika Di Lembaga Pemasyarakatan Nadya Riska Wati Rumain; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1112

Abstract

Introduction: The research of this thesis is that the Correctional Institution or better known as Lapas is a place to foster inmates to become fully human, realize mistakes, improve themselves and not repeat criminal acts so that they can be accepted again by the community. However, ironically, the Penitentiary is used as a place for drug trafficking with various modes of smuggling.Purposes of the Research:  This study aims to analyze and explain the modus operandi of narcotics smuggling in prisons, analyze and explain the prevention of narcotics smuggling in prisons.Methods of the Research: This research uses normative legal research methods, using primary and secondary legal sources, and tertiary and then the data obtained will be presented in a description and given a conclusion.Results of the Research: The results of the research obtained: the modus operandi of smuggling drugs and other prohibited items in correctional institutions (prisons) and detention centers (rutan) has utilized advanced technology, including drones or drones. In addition, the smugglers also use officers, visitors, companion prisoners undergoing assimilation, garbage carts, and goods in the canteen and kitchen to carry out their actions. Prisons and other law enforcement officers must continue to play an active role in seeking preventive and repressive measures to suppress or break the narcotics illicit trafficking network among prisoners because if there is omission, it will result in the ineffective implementation of Law Number 12 of 1995 concerning Corrections and hamper the eradication of criminal acts. Narcotics crime as has been confirmed in the RI Law Number 35 of 2009 concerning Narcotics.
Kajian Hukum Pidana Terhadap Kedudukan Informan Sebagai Saksi Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Dengan Undang-Undang Nomor 8 Tahun 1981 Tentang KUHAP Claudio Varly Lainata; John Dirk Pasalbessy; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1100

Abstract

Introduction: In Indonesia, the law that supervises and controls the use of narcotics as well as overcoming the abuse of narcotics and the treatment of its victims is known as the narcotics law.Purpose of the Research: Therefore, this writing aims to analyze and explain the position of informants in Law 35 of 2009 and the role of informants in helping to reveal narcotics crimes.Methods of the Research: This type of research in the preparation of legal writing is normative legal research. Peter Mahmud Marzuki said that legal research in general is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues at hand. Normative legal research, another name is doctrinal legal research, also known as library research or document study because this research was conducted or aimed only at written regulations.Results of the Research: The results of the study show that legally, narcotics are regulated in Law Number 35 of 2009 concerning Narcotics. However, in this case, informants who are intermediaries in following up narcotics cases are not explicitly regulated in the legislation, only policies that make informants are still used by the police to assist in uncovering narcotics trafficking crimes. The informant contributes to the law enforcement of narcotics crime, where the role of this informant is one of the technical ones in uncovering the crime of narcotics trafficking and this informant does not receive legal protection
Penerapan Asas Peradilan Sederhana, Cepat, dan Biaya Ringan Dalam Pemeriksaan Tindak Pidana Penganiayaan Dimasa Pandemi COVID-19 Ruth Gracia Imanuela Matrutty; Juanrico Alfaromona Sumarezs Titahelu; Julianus Edwin Latupeirissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1125

Abstract

Introduction: This article analyzes the law enforcement process and the application of simple, fast, and low-cost judicial principles in criminal acts of persecution during the COVID-19 pandemic at the Ambon District Court. Purposes of the Research: The purpose of this article is to know the law enforcement process and the application of judicial principles are smple, fast, and low-cost in examining criminal act of persecution during the COVID-19 pandemic at the Ambon District Court.Methods of the Research: The method of research used is normative juridicial, with a problem approach, namely the statute approach, conceptual approach and case approach.Results of the Research: The results of the study found that the law enforcement process for the criminal act of persecution before the COVID-19 pandemic and during the COVID-19 pandemic was in accordance with the applicable laws and regulations. However, in the application of simple, fast, low-cost judicial principles in the case examination process, there is a difference, namely before COVID-19 the examination process was carried out quickly. Meanwhile, during the COVID-19 pandemic, the examination process was quite long because of the obstacles faced such as the absence of witnesses, signal interference, the schedule of court hours that were not on time, the lack of availability of courtroom facilities and infrastructure, the inconvenience of law enforcement officers regarding the application of health protocols due to congestion breath.
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.
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.
Co-Authors Brensby Williams Manuhutu Claudio Varly Lainata Deassy Jacomina Anthoneta Hehanussa Elsa Rina Maya Toule Jesylia Hillary Lawalata John Dirk Pasalbessy Juanrico Alfaromona Sumarezs Titahelu Matheos Bastian Wattimena Nadya Riska Wati Rumain Oktovianus Nurlatu Ronaldo Semmy Kaya Ruth Gracia Imanuela Matrutty Tirza Gloria Latupeirissa