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Pertanggungjawaban Pidana Pelaku Pembobolan Kartu Kredit Dalam Tindak Pidana Di Bidang Perbankan Galang Ramadhan Djokdja; Sherly Adam; Margie Gladies Sopacua
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: There are many cases of fraud with credit cards at banks known as carding, but there is no new legal rule to ensnare the perpetrators so that the judges still use the old rules, namely the Criminal Code. Law enforcement in the banking sector includes regulatory issues in the field of information technology and other aspects are the ability of law enforcement officers, public legal awareness, and infrastructure that supports law enforcement, especially in reviewing criminal liability for perpetrators.Purposes of the Research: Criminal liability for credit card burglary perpetrators in criminal acts in the banking sector. Methods of the Research: The research method used is normative juridical with a problem approach in the form of a statutory approach, a conceptual analysis approach and a case approach. The legal materials used are primary and secondary legal materials. Data collection techniques are carried out through library research and processing techniques and analysis of legal materials through descriptions using qualitative methods.Results of the Research: The results of the study indicate that the criminal law regulation of the crime of carding has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and has been formulated in articles 362, 363 and 378 of the Criminal Code. namely about Theft and Fraud. Carding criminal liability can be carried out based on the ability of the perpetrator to be responsible; there is an error in the form of a deliberate act of the perpetrator as proven in accordance with the articles in paragraph; there is no excuse for his actions; and may be subject to sanctions for carding criminals.

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.

Pertimbangan Hukum Hakim Dalam Putusan Pengadilan Negeri Ambon Nomor 306/Pid.B/2020/PN.Ambon Terhadap Perampasan Jenazah Covid-19 Dalam Prespektif Tujuan Pemidanaan Bella Verawaty Arnas; Remon Supusepa; Margie Gladies Sopacua
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: Indonesia is currently being hit by the Corona Virus or Covid-19. Various efforts have been made in handling Covid-19.Purposes of the Research: To examine and discuss the accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine and To examine and discuss whether the judge's considerations in the decision of the perpetrators of the seizure of the Covid-19 corpse have fulfilled the purpose of punishment.Methods of the Research: This research is a normative juridical research type of descriptive analytical research, the sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials analysis techniques are inventory procedures and identification of laws and regulations, as well as classification and systematic legal materials according to research problems, while analysis of legal materials is both destructive and qualitative methods.Results of the Research: The results obtained from this study are: Accountability of the perpetrators according to Law no. 6 of 2018 concerning Health Quarantine is criminalized and/or fined, and the judge's consideration in the decision of the perpetrators of the seizure of the Covid-19 corpse has fulfilled the purpose of punishment because it has fulfilled juridical considerations as well as non-juridical considerations. Then, in terms of the accountability of the perpetrators, more attention is paid to the teaching of participation because the confiscation of the bodies of Covid-19 is not only carried out by a few people with the participation and the judge's consideration in imposing a crime in the future will have a more deterrent effect on the perpetrators of criminal acts so that this event or incident does not happen again

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

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.

Upaya Penanggulangan Terhadap Warga Binaan Perempuan Yang Melakukan Kekerasan Gloria Altika Adriani Lewaherilla; Elsa Rina Maya Toule; Margie Gladies Sopacua
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.v2i4.1101

Introduction: Women's Correctional Institutions are still physically violent among inmates.Purposes of the Research: Analyze and discuss countermeasures carried out for female inmates who commit violence against fellow female inmates.Methods of the Research: This research uses empirical juridical research type with analytical descriptive research type. The technique of collecting legal materials is by conducting library research on legal materials, namely Primary Legal Materials and Secondary Legal Materials. Legal materials analysis techniques are obtained from qualitative classification.Results of the Research: The results of this study indicate that there are female inmates who are serving their criminal period, but also commit violence between inmates. The various factors that cause violence by inmates at the Class III Ambon Women's Correctional Institution are personal problems that become a burden on the inmates' minds, so that always overshadowed by feelings of irritation, boredom, and an emotional nature, which causes emotional instability among the inmates, and the absence of intimacy and harmonious relations between the inmates. As well as efforts to handle cases of violence carried out by inmates at the Class III Ambon Women's Correctional Institution in the form of pre-emptive efforts such as independent and spiritual development, preventive efforts in the form of supervision which is divided into three shifts, repressive efforts of inmates are put in solitary confinement for 6 (six) days and delaying or eliminating certain rights in accordance with a predetermined time.

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