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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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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.
Rehabilitasi Pelaku Tindak Pidana Narkotika Golongan 1 (Satu) Menurut Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika Gusye Nobert Hehalatu; Margie Gladies Sopacua; Jetty Martje Patty
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.v3i7.1855

Abstract

Introduction: Rehabilitation is a form of punishment aimed at treatment.Purposes of the Research: The purpose of this study is to determine whether the actions of the perpetrators of the Narcotics Crime in Decision Number 154/Pid.Sus/PN Amb have fulfilled the elements of the threat of punishment as stipulated in the Narcotics Law and what the judges consider in giving a rehabilitation decision against the perpetrators of narcotics abuse.Methods of the Research: The research method used is normative juridical research or literature study with the type of research that is analytical descriptive in nature which is a method that functions to describe or give an overview of the object under study through legal sources.Results of the Research: The results of the research used, it can be concluded that the judge decided to impose a sentence in the form of medical rehabilitation. Legal actions imposed on victims of narcotics abuse are reflected in SEMA No. 04 of 2010, concerning the placement of abusers, victims of abuse and narcotics addicts into rehabilitation institutions.
Pertanggungjawaban Pidana Terhadap Pelaku Pengguntingan Bendera Negara Republik Indonesia Renny Obertina Julita Iwamony; John Dirk Pasalbessy; Margie Gladies Sopacua
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1864

Abstract

Introduction: The crime of insulting the Red and White flag in Karawang, West Java and Malasya, the flag with a hammer picture at Hassanudin University and the flag brushed with a Water Closet (WC) brush violates the provisions of Article 66 of the Law of the Republic of Indonesia Number 24 of 2009 in conjunction with Article 24 Letter a Law Number 24 Year 2009Purposes of the Research: Analyzing and explaining whether the perpetrators of insulting the flag can be held criminally responsible and forms of criminal responsibility for the act of insulting the red and white flag.Methods of the Research: It is normative juridical, using a legal, conceptual and case approach with primary and secondary legal materials and will be analyzed qualitatively.Results of the Research: Criminal liability from the first to the third case fulfills the five elements of responsibility, namely, there are perpetrators of criminal acts; there is an action; There is a mistake; capable of being responsible and against the law. Furthermore, the fourth case cannot be held accountable because the subject who committed the crime has a mental disorder that is not in accordance with the elements of criminal responsibility in Article 44 of the Criminal Code. The form of criminal liability in the first to third cases is individual, meaning that individual criminal responsibility is the form embedded in the case.
Co-Authors Bella Verawaty Arnas Christy Tanasale Dames Lewansorna Deassy Jacomina Anthoneta Hehanussa Edwin C Risakotta Elsa Rina Maya Toule Faradillah Maulidyah Pelu Galang Ramadhan Djokdja Gloria Altika Adriani Lewaherilla 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 Sherly Adam Steven Makaruku Suci Sulistiawati Yuni Kartika Latumahina