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All Journal TATOHI: Jurnal Ilmu Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum
Margie Gladies Sopacua
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Pidana Aparat Kepolisian Yang Melakukan Kekerasan Terhadap Demonstran Dames Lewansorna; Elsa Rina Maya Toule; Margie Gladies Sopacua
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 demonstration, which was held by the Indonesian Christian Student Movement (GMKI) Ambon Branch, demanded the Maluku Provincial Government and the Maluku Provincial People's Representative Council (DPRD) to legalize the traditional Sopi drink, but the action that was held ended in chaos due to actions taken by the authorities. the police against student actions by ignoring and paying attention to the rights of the demonstrators so that it deserves a serious response because the actions of the police have deviated from the provisions of legislation Number 2 of 2002 concerning the Republic of Indonesia Police Article 2, 13 and 14 paragraph 1 letter e, as well as the 1945 Constitution Article 30 paragraph 2. Therefore, it is appropriate to question the existence of the Indonesian National Police apparatus who violates the provisions of laws and regulations and must be held criminally responsible.Purposes of the Research: Explain about how the criminal responsibility of police officers who commit violence against demonstrators. 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: Criminal liability is a form of accountability due to mistakes made by legal subjects. In essence, criminal liability is a mechanism built by criminal law to react to an agreement to reject a certain act. Police as legal subjects in their existence are human beings, who are also given legal rights and obligations (fictie theory). According to the Geen Straf Zonder Schuld principle; Actus non facti reum nisi mens sis sist rea is basically a person who cannot be convicted if there are no mistakes, so observing the above based on the examples of cases that have been discussed in the previous chapter regarding cases of violence committed by Akp Syarifudin, the position of the Head of the Sabara Unit of the Island Police. Ambon and the Lease Islands have been transferred to other places of assignment for committing acts of violence against several members of the Ambon Branch GMKI and damaging the goods (kordon) of the Ambon branch of GMKI. The criminal can be punished on the basis of error. if seen from the case study of the position above his subordinates, what Syarifudin did as the Head of the Sabara Unit, was included in the category of acts of violence regulated in Article 170 of the Criminal Code.
Penegakan Hukum Pidana Terhadap Kegiataan Pertambangan Tanpa Izin Novi Yanti Sandra Tutuarima; Deassy Jacomina Anthoneta Hehanussa; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: This article discusses the enforcement of criminal law against mining activities without a permit that transports mercury/mercury without a permit.Purposes of the Research: The purpose of this article is to discuss law enforcement against mining activities without permits and mining and types of criminal acts in the mining sector. Methods of the Research: The type of research used in this research is normative juridical According to Johnny Ibrahim, normative legal research is a scientific research procedure to establish truth based on scientific logic from the normative side. The normative side here is not limited to laws and regulations.Results of the Research: Still found mining activities without permission in this case the case I met which has come to the court decision where convict narwati Djahiri with a verdict (Number 378 / Pid.B-LH / 2020 / PN. Ambon). There was an arrest by Polairud because he was found transporting mercury / mercury in the waters between Buru island and Ambalau island without a permit from the government.
Kekuatan Hukum Alat Bukti (Novum) Dalam Pemeriksaan Perkara Peninjauan Kembali Beberapa Tindak Pidana Pembunuhan ( Vide Pasal 338 KUHP) Faradillah Maulidyah Pelu; John Dirk Pasalbessy; Margie Gladies Sopacua
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: Novum or new evidence or new circumstances is a condition for submitting a request for review. Review is a legal remedy that can be taken by the convict (the person who is sentenced) in a legal case against a court decision that has permanent legal force in the justice system in Indonesia. Purposes of the Research: Reviewing and explaining the legal strength of the (Novum) evidence in the examination of cases of reviewing several crimes of murder.Methods of the Research: This research uses a normative juridicial research type with a descriptive analitycal type of research. Engineering legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. Legal materials analysis techniques are obtained from qualitative calcifications.Results of the Research: Based on the results of research and discussion, it can be rejected that the submission of a review by the convict/applicant for reconsideration, namely Imam Chambali, is an application that has met the elements of the provisions in Article 263 paragraph (2) of the Criminal Procedure Code and Article 24 of Law Number 48 of 2009 concerning Judicial Power. Novum or new evidence or new circumstances as a basis for filing a petition for review to the Supreme Court.
Tindak Pidana Kekerasan Dalam Rumah Tangga yang Mengakibatkan Kematian (Studi pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Hendrina Wahju Irianty Munthalib; Elsa Rina Maya Toule; Margie Gladies Sopacua
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 Indonesian government has ratified Law Number 23 of 2004 concerning the elimination of domestic violence which clearly and unequivocally regulates sanctions for perpetrators of acts of domestic violence, household that resulted in the strongest death in the jurisdiction of the Ambon Island Police and Lease Islands.Purposes of the Research: To examine and discuss the factors that influence domestic violence crimes that result in death, and the efforts that can be taken to prevent domestic violence resulting in death.Methods of the Research: This research is a normative juridical research, the type of research is descriptive normative, the type of research is descriptive analytical, the sources of legal materials used in this research are primary legal materials, secondary legal materials, supporting data and information then identified and then systematized for interpretation and given arguments to reach conclusions.Results of the Research: The results obtained from this study are the factors that influence the crime of domestic violence that results in death are individual factors, communication, patriarchal culture and the economy while the efforts made to prevent domestic violence that result in death have been carried out by The Ambon Island Police and Leasa Islands are a community service unit that collaborates with relevant agencies in the form of counseling.
Upaya Non Penal dalam Pengawasan Peredaran Minuman Keras Tradisional (Studi Pada Negeri Seith Kecamatan Lehitu, Kabupaten Maluku Tengah) Rani Fajri Lalihun; Remon Supusepa; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Social life in society always wants a change that can provide positive values in order to create harmony and peace in a social environment. The widespread use of alcohol in the community is not only consumed by adults in general but also for students.Purposes of the Research: Analyze and discuss non-penal efforts in overcoming the circulation of traditional drinks in Leihitu District, Central Maluku Regency.Methods of the Research: This research is descriptive analysis using an empirical juridical approach formulated in the results of library research and the data obtained will be analyzed and studied in a structured research system so that the results are obtained. Conclusions and suggestions will be drawn.Results of the Research: Consuming traditional liquor among the people of the country of the Peninsula, both students and adults often have an impact on things that are not good which can be said to be (internal community conflict) so that these events or incidents greatly affect the harmony and peace of people in this country in particular. The habit of consuming alcohol in excess so that it causes loss of control over oneself, or is often said to be drunk, which in turn gives birth to violations or even criminal acts that are very disturbing to society. As for non-penal efforts in the context of tackling the crime of distribution of traditional liquor in Leihitu sub-district, namely as follows: Supervision, socialization and control of alcoholic beverages involving religious leaders, the community, as well as the police.
Penerapan Sanksi Pidana Terhadap Pelaku Tindak Pidana Pembunuhan Yang Dilakukan Oleh Anak Risky Themar Bes Safsafubun; Hadibah Zachra Wadjo; MARGIE GLADIES SOPACUA
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: This article analyzes the application of appropriate criminal sanctions against children as perpetrators of the crime of murder.Purposes of the Research:  The purpose of this article is to clarify the application of appropriate criminal sanctions against children as perpetrators of the crime of murder. Methods of the Research: This article uses a normative writing method with an analytical descriptive approach. Results of the Research: Decision number 8/Pid.Sus-Anak/2018/PNAmb Son of Irawan Alias Iwan is proven legally and convincingly guilty of committing a criminal act of Deliberately Taking the Life of Another, as regulated in Article 338 of the Criminal Code; Sentencing the child Irawan Alias Iwan in the form of imprisonment for 5 (five) years reduced as long as the child is temporarily detained, with an order to remain detained. As for Article 71 paragraph (5) of Law No. 11 of 2012 stipulates: further provisions regarding the form and procedure of criminal execution as referred to in paragraph (1), paragraph (2), and paragraph (3) shall be regulated by a Government Regulation. Similarly, the provisions contained in Article 82 paragraph (4) of Law no. 11 of 2012 states: further provisions regarding actions as referred to in paragraph (1) shall be regulated by a Government Regulation.
Pertanggungjawaban Perbankan Sebagai Korporasi Atas Penggelapan Dana Nasabah yang Dilakukan oleh Pegawai Bank Suci Sulistiawati; Elsa Rina Maya Toule; Margie Gladies Sopacua
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.v2i5.1114

Abstract

Introduction: This article examines the judges' considerations in imposing criminal penalties against defendants who commit banking crimes under Article 49 paragraph (1) letters a and b of the Law of the Republic of Indonesia Number 10 of 1998 in conjunction with Article 64 paragraph (1) of the Criminal Code in the Supreme Court Decision Number 470/pi.B/2021/PN.AMB with the problem of fraud mode. Purposes of the Research: This study aims to analyze and explain the process of law enforcement for criminal acts in the embezzlement of customer funds by bank employees at PT.Bank BRI Ambn branch. Methods of the Research: The type of research used is legal research "Normative Juridical"..Results of the Research: The results of the study indicate that according to the Banking Law, corporations cannot be held criminally responsible, but rather those who give orders or are leaders of corporations. In the event that a bank commits a crime or does not fulfill its obligations from Bank Indonesia, the bank concerned will be subject to administrative sanctions. Then in the event that an employee or bank employee commits a crime, criminal liability is imposed on an individual (perpetrator) or corporate management with a record that the corporation has benefited from the crime committed by the employee.
Peran Korban Pemerkosaan Dalam Membantu Proses Penyidikan Christy Tanasale; Elsa Rina Maya Toule; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 3, No 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1554

Abstract

Introduction: Rape is one of the most common crimes in society.Purposes of the Research: The purpose of this study is to analyze and discuss the role of the victim in revealing the perpetrators of the crime of rape in the investigation stage and legal protection for victims of rape in the investigation process. Methods of the Research: In this legal research, the author uses normative juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing.Results of the Research: The results of this study indicate that the role of rape victims in the investigation stage is when the victim dares to report, the victim is open and the victim is cooperative and the victim includes clear information, because the role of the victim is very influential in the investigation process. For this reason, there is legal protection for rape victims, where victims get legal protection which is quite clearly stated in Law Number 31 of 2014. As well as other protections such as Juridical Protection, Psychological Protection and Social Protection. So, the authorities can take protective measures for victims and sanctions for perpetrators in accordance with the provisions of applicable regulations.
Kajian Kriminologi Terhadap Penyalahgunaan Minuman Beralkohol Tradisional Bagi Perilaku Remaja Yuni Kartika Latumahina; Margie Gladies Sopacua; Steven Makaruku
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.v3i2.1564

Abstract

Introduction: The habit of the people to drink traditional liquor in Ambon City is usually used more for traditional events and has become a tradition that still exists today, this is done with the aim of strengthening fraternal relations and maintaining unity, but it is different from the current situation where drinking more widely known by teenagers than among parents.Purposes of the Research: Aims to study and explain what factors cause the abuse of Alcoholic Drinks and the impact on the abuse of Alcoholic Drinks for adolescents in Galunggung, Ambon City. The method used in this paper is juridical sociology which in other words is field research. This type of research is descriptive analysis. Types and sources of data consist of primary data and secondary data. Data collection techniques were carried out by means of interviews, observations and literature studies. Analyzed qualitatively. Methods of the Research: In this legal research, the author uses sociological juridical research. Sociological juridical research is a field research. This type of sociological juridical research uses primary data, with primary data obtained directly from the source so that it is still in the form of raw data.Results of the Research: The results of the study that cause adolescents to abuse alcoholic beverages are caused by several factors such as adolescent individual factors, family factors, lack of religious education, economic factors and environmental factors.
Pertimbangan Hukum Hakim Terhadap Kasus Penelantaran Dalam Rumah Tangga Edwin C Risakotta; Margie Gladies Sopacua; Leonie Lokollo
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.v3i6.1817

Abstract

Introduction: The judge's consideration of domestic neglect cases is very important considering that domestic neglect is part of domestic violence.Purposes of the Research: The purpose of this study aims to examine what is the basis for the judge's legal considerations for household investigation cases in the study of decision No. 120/Pid.Sus/2021/PN Amb and review and explain whether the crime given by the judge has had a deterrent effect on the perpetrator.Methods of the Research: The author uses Normative Juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing. Results of the Research: The results of this research show that the Ambon District Court judges in sentencing the perpetrators of domestic neglect crimes, the judges consider juridically, sociologically, and philosophically. Thus, the sanctions given by the judge to the perpetrator of the criminal act of domestic abuse have not had a deterrent effect, because the judge in making decisions considers more of the things that relieve the offender.
Co-Authors Christy Tanasale Dames Lewansorna Deassy Jacomina Anthoneta Hehanussa Edwin C Risakotta Elsa Rina Maya Toule Faradillah Maulidyah Pelu Gusye Nobert Hehalatu Hadibah Zachra Wadjo Hendrina Wahju Irianty Munthalib Jetty Martje Patty John Dirk Pasalbessy Leonie Lokollo Novi Yanti Sandra Tutuarima Rani Fajri Lalihun Remon Supusepa Renny Obertina Julita Iwamony Risky Themar Bes Safsafubun Steven Makaruku Suci Sulistiawati Yuni Kartika Latumahina