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All Journal TATOHI: Jurnal Ilmu Hukum
Juanrico Alfaromona Sumarezs Titahelu
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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 Pattimura University

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

Abstract

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.
Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme Zafania Helsa Siahaya; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
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.v3i3.1595

Abstract

Introduction: Laws and regulations regarding terrorism, in practice there are still those who commit criminal acts of terrorism in Indonesia by attacking vital objects and public facilities.Purposes of the Research: The research aims to examine and discuss the forms of legal protection given to children who are involved in terrorism crimes and to examine and explain the mechanism of legal protection for children who are involved in terrorism crimes. Methods of the Research: The research method used is normative juridical with descriptive analytical research type, the technique of collecting legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. The technique of analyzing legal materials is obtained from a qualitative classification.Results of the Research: The results of this study indicate that the legal protection given to children involved in terrorism crimes includes guaranteeing and protecting children's rights, such as the right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. And the Juvenile Criminal Justice System sees that the handling of children involved in terrorism crimes can be carried out with mechanisms such as an approach that purely prioritizes child welfare and an approach to legal intervention. The specificity of the juvenile justice process with the concept of restorative justice.
Penerapan Keadilan Restoratif Dalam Penyelesaian Kasus Kecelakaan Lalu Lintas Yang Mengakibatkan Matinya Orang Sempaty Yehuda Tasane; Juanrico Alfaromona Sumarezs Titahelu; Lionie Lokollo
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.v3i5.1810

Abstract

Introduction: Penyelesaian perkara pidana melalui keadilan restoratif pada tahap penyidikan dikirimkan ke Jaksa Penuntut Umum dan penerapannya terhadap semua tindak pidana yang tidak menimbulkan korban manusia sehingga menimbulkan masalah dalam penerapannya.Purposes of the Research: This research is a normative-empirical juridical research using a statutory approach and a case approach.Methods of the Research: Primary data collection techniques through field research and library research to obtain secondary data.Results of the Research: The results of the study that the application of restorative justice in the settlement of traffic accident cases, the Center was carried out by the Investigator after there was peace between the perpetrator and the victim's family which was carried out after the Investigator sent a Notice of the Commencement of the Investigation to the Public Prosecutor so that the handling of the case was not continued. The factors that influence the application of restorative justice in the settlement of traffic accident cases consist of law enforcement factors, namely the investigator's knowledge and understanding of the applicable laws and regulations, the legal substance factor, namely the substance of the Circular Letter of the Chief of Police which regulates material requirements that do not accommodate the settlement of cases.  with human victims and formal requirements regarding the period of time in the application of restorative justice only to criminal acts at the investigation stage before sending the Notification of the Commencement of Investigation, and community legal cultural factors related to values, attitudes and behavior in people's lives so that they influence decision making to settle accident cases. The traffic it experiences through restorative justice.
Penanganan Tindak Pidana Narkotika Di Kota Ambon Oleh Direktorat Reserse Narkoba Polda Maluku Pricilya Melany Anthonio; Juanrico Alfaromona Sumarezs Titahelu; Judy Marria Saimima
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.v3i6.1818

Abstract

Introduction: Narcotics abuse in Ambon City has increased from 2018-2021. Narcotics in 2018-2021, namely: in 2018 there were 140 cases, in 2019 there were 123 cases, in 2020 there were 143 cases while in 2021 there were 169 cases.Purposes of the Research:  To examine and discuss what was carried out by drug investigators from the Maluku Regional Police in handling narcotics crimes. To examine and discuss the obstacles faced by drug investigators from the Maluku Regional Police in handling narcotics crimesMethods of the Research: This research is a normative juridical research. This type of research is descriptive analytical. The source of legal materials used in this research is primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and given arguments to draw conclusions on the problem.Results of the Research: What the Maluku Police drug investigators did in handling narcotics crimes, namely: conducting examinations of witnesses and suspects and completing investigative actions, confiscating evidence found on suspects, conducting examinations or testing of evidence found on suspects, sending SPOP (Notification Letter of Commencement Investigation) to the Prosecutor's Office, carrying out the filing process, Submission of suspects and evidence to the prosecutor besides that there are obstacles faced by Maluku Police Narcotics investigators in Handling narcotics crimes, namely: there is still a lack of good cooperation between the community and officers, the modus operandi carried out by actors who are growing and changing, there are many new variants of narcotics.
Tinjauan Turidis Terhadap Pemulihan Nama Baik Bagi Terdakwa Yang Dinyatakan Bebas Arjun Arjun; Juanrico Alfaromona Sumarezs Titahelu; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1853

Abstract

Introduction: Rehabilitation to restore the good name of a defendant who has been acquitted is a right that must be obtained by every defendant.Purposes of the Research: Based on the above background, the objectives to be achieved in this research are: 1. To examine and explain what are the legal reasons so that restoration of good name is possible in criminal cases. 2. To review and explain the implementation procedure in terms of obtaining the restoration of good name for a defendant. Methods of the Research: The research method used is a normative juridical research type. The problem approach used is the statutory approach and the conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature study and then analyzed through description using qualitative methods.Results of the Research: The results of the research and conclusions that the author can draw are showing how a defendant gets a recovery on his good name which has been regulated in Law No. 27 of 1983 concerning the implementation of the Criminal Procedure Code which contains procedures for rehabilitation so that a defendant can fulfill his rights in restoring his good name which has been further tarnished on charges that were not committed.
Co-Authors Arjun Arjun Carolina Tuhumury Clieverd Jery Tasane Denny Latumaerissa Devi Neng Hartanti Elias Z Leasa Elsa Rina Maya Toule Erwin Ubwarin Gerald Gary Moniharapon Gresye A Pesireron Iqbal Taufik Jacob Hattu Jefferson Meiggers Herrenauw Jesylia Hillary Lawalata Julianus Edwin Latupeirissa Lionie Lokollo Lixanya Felany Thenu Mei Indah Ngilyaubun Patricia Pasapan Pricilya Melany Anthonio Ruth Gracia Imanuela Matrutty Saimima, Judy Marria Sempaty Yehuda Tasane Weldy Vienando Lopulisa Zafania Helsa Siahaya