Garuda - Garba Rujukan Digital

Kajian Hukum Pidana Dalam Penipuan Jual Beli Akun Permainan Online Melalui Media Sosial Jefferson Meiggers Herrenauw; Juanrico Alfaromona Sumarezs Titahelu; Judy Marria Saimima
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: Fraud in the sale and purchase of online game game accounts, it is a legal obligation to straighten it out for the sake of creating an orderly civilized society and to try to prevent anti-social behavior, namely behavior that is contrary to the principles of social order and law. So that the problem of misuse of this technology does not become social unrest and is detrimental to the community.Purposes of the Research: The purpose of this study is to examine and explain fraud in the sale and purchase of online game accounts that can be qualified as perpetrators of criminal acts, to examine and explain the perpetrators of fraud in the sale and purchase of online game accounts being held criminally responsible. Methods of the Research: The method used is a normative juridical research method with a qualitative analysis type with an interactive analysis and conceptually tends to be directed at finding, identifying, managing, and analyzing legal materials to understand the meaning, significance, and relevance.Results of the Research: The results show that fraud in buying and selling online game accounts can be categorized as a criminal act of fraud because of the fact that fraud in buying and selling online game accounts has fulfilled the elements of fraud in Article 378 of the Criminal Code as well as in Article 28 paragraph (1) of the ITE Law. Fraud perpetrators can be held criminally responsible based on the condition that digitally impose criminal liability for fraud, namely the fulfillment of all elements of crime according to criminal law and/or according to the ITE Law. The police as law enforcement officers must really understand the ITE Law so that they can qualify online game account trading fraud as a criminal act of fraud so that the perpetrators can be processed to account for their actions. Gamers who are victims of online game account trading scams report this to the authorities so that they can be processed according to applicable law.

Delik Adat dalam Sistem Hukum Pidana di Indonesia Patricia Pasapan; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
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 position of Customary offenses (customary crimes) in the Indonesian criminal law system has not yet been explicitly regulated. However, it cannot be denied that customary offenses still exist in Indonesian society, in line with the existence of customary law which includes customary criminal law found in each region across the country.Purposes of the Research: The purpose of this paper/research is to determine the position of customary offenses in the Indonesia criminal law system and to discover the process of handling criminal acts using customary criminal law. Methods of the Research: This research uses normative research methodology or literature study, which is later presented using descriptive research technique that is analysing and explaining the findings of the study.Results of the Research: This research found that, firstly, the criminal law system in Indonesia does not clearly regulate criminal offenses, however, in various regulations, it appears that recognition is given to the customary law which cannot be separated from customary criminal law that regulates the customary offense itself. Secondly, acts which are considered customary offenses will be resolved in a peaceful way by both conflicting parties with the involvement of their traditional leaders. The imposition of customary sanctions is given by agreement of both parties based on conscience and other considerations.

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.

Sanksi Pidana Perbuatan Sengaja Menyalahgunakan Senjata Api Oleh Anggota Kepolisian Negara Republik Indonesia Gerald Gary Moniharapon; Juanrico Alfaromona Sumarezs Titahelu; Elias Z Leasa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 7 (2021): Volume 1 Nomor 7, September 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Possession of firearms is necessary for professional Polri members because the goal is to support their duties.Purposes of the Research: Explaining What is the legal reason for the judge's ruling on the District Court and the High Court's ruling against the perpetrator who intentionally misused a firearm. Methods of the Research: The type of research used is normative juridical. The problem approach used is the statutory approach, namely the approach to legal products and the case approach.Results of the Research: Based on the results of the study, it can be concluded that related to the theory of intentionality (Dolus), the defendant Elianth Ronalto Latuheru's actions have fulfilled the intentional element as a possibility (opzet bij mogelijkheids-bewustzijn). or judge's opinion. Thus stating Ronal Elianth Latuheru, committed a crime of murder with a prison sentence of 8 (eight) years and a Recommendation for Disrespectful Dismissal (PTDH) as a member of the Police.

Ancaman Pidana Terhadap Pelaku Eksploitasi Seksual Anak Oleh Penyidik (Studi Kasus di Polresta Pulau Ambon dan Pulau-Pulau Lease) Lixanya Felany Thenu; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Children in terms of national and state life are the future of the nation and the next generation of the ideals of the nation who have the right to survival, growth and development, participation, protection from acts of violence and discrimination. Purposes of the Research: This writing aims to examine and analyze the basis of investigators when giving criminal threats in the Minutes of Examination to perpetrators of child sexual exploitation and to analyze criminal threats against perpetrators of child sexual exploitation in accordance with the provisions of the legislation.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is the approach to legislation and the case approach. The procedure for collecting legal materials using library research, as well as legal materials analysis techniques is qualitative.Results of the Research: The basis for investigators in giving criminal threats to perpetrators of child sexual exploitation is the Law of the Republic of Indonesia No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law no. 35 of 2014 concerning Child Protection because it was proven guilty of committing a criminal act of sexual exploitation of children. Criminal threats against perpetrators of child sexual exploitation in accordance with the provisions of the legislation, namely the Child Protection Act and the Criminal Act of Trafficking in Persons due to special minimum criminal sanctions in accordance with the provisions of positive law.

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 Pattimura University

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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.

Penerapan Sanksi Pidana Bagi Pelaku Tindak Pidana Penggelapan Uang Cash On Delivery dalam Putusan Pengadilan Nomor: 139/Pid.B/2020/PN.Amb Devi Neng Hartanti; Juanrico Alfaromona Sumarezs Titahelu; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The criminal act of embezzlement by weight, namely where the perpetrator of the wrongdoing or the act is very diverse. Not only taking money and making false reports, but the perpetrators also have a burden of responsibility in the form of special elements that are burdensome and also family. This article analyzes the application of criminal law against the perpetrators of embezzlement of cash on delivery (COD) in court decision number 139/Pid.B/2020/PN.Amb.Purposes of the Research: This writing aims to analyze and discuss the legal considerations of the judge in making a verdict on the criminal act of embezzling Cash On Delivery (COD).Methods of the Research: The research method in this writing uses a normative juridical research type because the focus of the study departs from the analysis of the judge's decision, using the following approaches: statute approach and case approach. Legal material collection techniques use library research techniques, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: Based on the results of the research, it was found that the application of criminal law against the criminal act of embezzlement of cash on delivery (COD) in decision Number 139/Pid.B /2020/PN.Amb that the article charged by the public prosecutor against the defendant was Article 374 of the ciminal code. it has been proven that all the elements contained in the article have been fulfilled, the verdict handed down by the judge, namely imprisonment for 2 (two) years and 7 (seven) months, is lower than the criminal threat in the demands of the public prosecutor, namely 4 (four) 6 (six) months and Article 374 of the ciminal code, namely the maximum imprisonment of 5 (five) years. The legal basis for the judge's consideration in making a decision on the crime of embezzlement of cash on delivery (COD) in decision number 139/Pid.B/ 2020/PN.Amb is juridical and non-juridical considerations

Kualifikasi Pelaku Tindak Pidana Pengrusakan Barang yang Dilakukan Secara Bersama-Sama Mei Indah Ngilyaubun; Juanrico Alfaromona Sumarezs Titahelu; Jacob Hattu
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.v2i4.1102

Introduction: The current crimes encountered are crimes committed jointly or with participation (deelneming).Purposes of the Research: The purpose of the study is to analyze and discuss how the qualifications of each actor in the crime of destroying other people's property are carried out together and to analyze and discuss how the form of accountability of the perpetrators of the criminal act of destroying other people's property is carried out together.Methods of the Research: This method of research in writing uses a type of normative juridical research that examines positive legal provisions, legal principles, and legal doctrines, using approaches: statute approach and conceptual approach. The technique of collecting legal materials through literature studies and legal material analysis techniques in this study uses qualitative analysis techniques.Results of the Research: Based on the results of the research, the qualifications of each defendant are not the same, namely the defendant Helmi Untarola who has acted as an advocate (uitlokker) as well as a perpetrator (pleger) in the crime. Then there were 3 (three) other defendants, namely the defendant Ayub Marshel Balubun, the defendant Frangky Wakim, and the defendant Marten Wakim who had followed the advice of the defendant Helmi Untarola. Defendant I Helmy Untarola Defendant II Ayub Marshel Balubun, Defendant III Franky Wakim, and Defendant IV Marten Wakim were proven legally to have committed a criminal act of "Damaging other people's property together and based on the Dobo District Court Decision Number 32/Pid.B/2020/ PN. Dobo the defendants were sentenced to 5 months and paid court fees of Rp. 2000 (two thousand rupiah) each.

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

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.

Kebijakan Formulasi Pemanfaatan Pengaruh (Trading In Influence) Jabatan Publik Sebagai Tindak Pidana Korupsi Gresye A Pesireron; Elsa Rina Maya Toule; Juanrico Alfaromona Sumarezs Titahelu
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1443

Introduction: This article examines the judges' Trading in influence. Trading in influence is a type of corruption crime regulated in the provisions of article 18 (a) and article 18 (b) of the Anti-Corruption Convention (KAK) or referred to as UNCAC 2003.Purposes of the Research: This study aims to analyze and explain the process of Trading in influence. Methods of the Research: This research uses empirical juridical research with this type of research being descriptive analysis. The technique of collecting legal materials is by conducting library research on legal materials, namely primary, secondary, and tertiary legal materials.Results of the Research: Legal analysis techniques obtained and classified qualitatively.Based on the results of research and discussion, it can be concluded that the form of the use of influence is divided into two parts, namely active trading in influence and passive trading in influence. Knowing the number of cases that often occur using the modus operandi of Trading in influence and processed using the bribery article even though there are differences between the two plus because there is no legal regulation regarding this type of corruption, prevention efforts for the future have been carried out by seeking to relate this act into the TPK Bill article 4 and adopted in the RUU-KUHP regulated in article 691.

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