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All Journal TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SASI
Jacob Hattu
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga) Yodhi P S Huwae; Elsa Rina Maya Toule; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i8.804

Abstract

Introduction: The case that ensnared the artist with the initials GA due to the circulation of this shocking 19-second video began to spread at the end of November 2020. Polda Metro Jaya has named the artist Gisella Anastasia and a man with the initials MYD as suspects in a porn video case that went viral on social media. Gisel and MYD were accused of violating Law No. 44 of 2008 on Pornography, which carries a maximum penalty of 12 years in prison. Sister GA and brother MYD were named suspects, suspected of under Article 4 paragraph 1 Juncto Article 29 and or Article 8 of Law Number 44 concerning Pornography.Purposes of the Research: To Know and Analyze the Application of Article Elements in Law Number 44 of 2008 concerning Pornography and the qualification of GA's Acts as Pornographic Acts.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that GA's actions were against the law, therefore GA's actions met the criminal element and could be applied to Article 4 Paragraph (1) in conjunction with Article 8 of Law Number 48 of 2008 concerning Pornography. And GA's actions can be qualified as pornographic criminal acts because what GA did was negligence or negligence (lack of care), or lack of attention, and that as stated by GA together with MYD the facts have been obtained. Considering, that based on these facts, it can be seen that GA admits that she is the female actor in an adult video video that went viral on social media some time ago. During the examination while still being a witness, Gisel is also said to have admitted that the video was recorded in 2017, at a hotel in Medan, North Sumatra. The determination of the suspect against Gisel and MYD was after the police conducted two examinations as witnesses and held the case. and that taking into account these circumstances, according to the author, due to his negligence or negligence, it has been fulfilled and proven, therefore the negligence or omission by GA can be held legally responsible.
Kajian Yuridis Laporan Polisi Dalam Perkara Penghinaan Dan/Atau Pencemaran Nama Baik Terhadap Gubernur Marlen Batlayeri; Reimon Supusepa; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i3.573

Abstract

Introduction: The criminal act of defamation is a legal crime that really needs to be considered because it involves a person's honor and good name. Because it involves a person's honor and good name, the defamation offense is a complaint offense, which means that the report / complaint must be made by the victim himself or the party who feels aggrieved and not from another party. Purposes of the Research: The purpose of this writing is to determine the legal position of the reporter and to know the difference between personal insults and state officials.Methods of the Research: The research method in this writing uses a type of normative research or literature study and is then presented using descriptive research techniques, namely analyzing and explaining the findings of the existing library research..Results of the Research: The results obtained from this research are first, the reporter in the case of insulting and / or defamation against Governor Anies Baswedan does not have a legal position and does not meet the requirements or elements of being a reporter because it is related to an offense of defamation that is a complaint offense. second, based on the elements of defamation offenses contained in the Criminal Code and the ITE Law, the actions of the perpetrators in this case cannot be said to be criminal acts of defamation because Governor Anies Baswedan himself does not feel aggrieved by what the perpetrator has done which can be proven by no report was made by Governor Anies Baswedan Himself.
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, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1102

Abstract

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.
Perlindungan Hak Asasi Manusia Terhadap Perempuan Di Daerah Konflik Astuti Nur Fadillah; Jacob Hattu
Balobe Law Journal Volume 3 Issue 1, April 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i1.1376

Abstract

Introduction: Humans as creatures created by God Almighty have basic rights inherent in themselves that must be protected, besides that humans, fellow creatures of God, should be obliged to respect other human rights.Purposes of the Research: The research aims to be able to analyze the Protection of Human Rights Against Women in Conflict Areas.Methods of the Research: The research method used is normative juridical research.Results of the Research: Conflicts in several countries cannot be avoided, and until now conflicts still occur in several countries. The conflict that occurred gave fear and a feeling of insecurity for the community. In essence, conflict cannot be separated from acts of violence and can cause material and psychological losses. Violence that occurs in armed conflicts usually does not only happen to men but also occurs to women. Sexual violence in armed conflicts in humanitarian law refers more to acts of attacking women's reputation for honor. The presence of human rights instruments must be a guideline for the protection of women's rights so that they are no longer victims of violence. In addition, women must also be given the opportunity to participate in conflict resolution.
Kajian Yuridis Terhadap Penerbitan Surat Perintah Penyidikan Ganda Vivi Angely Ririhena; John Dirk Pasalbessy; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 1 (2023): Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i1.1555

Abstract

Introduction: An Investigative Order or Sprindik is one of the legal processes related to administration in giving authority to investigators to be able to carry out investigations.Purposes of the Research: To analyze and discuss whether it is justified in terms of criminal procedural law procedures, issuance of investigative orders (sprindiks) on the same legal subject with different objects and to explain what legal consequences occur when two sprindiks are issued from the same subject, in the case of BNI Ambon branch main office in 2019. Methods of the Research: The research method used is normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach, the conceptual approach, and the case approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that the rules regarding the issuance of the Sprindik are in accordance with the provisions of the criminal procedure law but there are no rules that specifically regulate the number of times the Sprindik is issued by investigators. In a criminal case, the issuance of the double Sprindik resulted in the abuse of power (abuse of power), conflict of interest among investigators, and the cancellation of the Sprindik through the pretrial process and the existence of the Double Sprindik resulted in the absence of legal certainty regarding which Sprindik was used. This is because there are no regulations that explicitly regulate the number of times the Sprindik is issued.
Pengenaan Sanksi Pidana Denda Bagi Orang Yang Menolak Untuk Divaksin Rivaldo Laimeheriwa; Deassy Jacomina Anthoneta Hehanussa; Jacob Hattu
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1809

Abstract

Introduction: People still feel unsafe and refuse vaccines to prevent Covid-19.Purposes of the Research: This review aims to discuss and analyze the imposition of criminal sanctions, fines and refusal of vaccines as being categorized as criminal acts.Methods of the Research: This writing is yuridis normatif.ast the Statute Approach, Conceptual Approach,and Case Approach sources of legal materials use in research on legal materials primer,legal materials sekunder.supporting data and information are identified and the systematicallyanalyzed for interpretation abd argumentation to gt conclusion about the problemResults of the Research: Thet imposition of fine for vaccine refusal is a criminal sanction that basically guarantees the rehabilitation of prepetratros, but fine are often imposed as a threat to human freedom
Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan yang Dilakukan Masyarakat Pada Masa Pandemi Covid-19 di Kota Ambon Sherly Adam; Reimon Supusepa; Jacob Hattu; Iqbal Taufik
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.441

Abstract

This study aims: 1. To determine and analyze law enforcement against violations of health protocols during the Covid-19 pandemic in Ambon City. 2. To find out and analyze the application of sanctions for violations of health protocols committed by the community during the Covid-19 pandemic in Ambon City. This research was conducted using a normative juridical research using a statutory approach, a conceptual analysis approach which is a descriptive study of qualitative analysis. The results of this study indicate that Law Enforcement against violations of health protocols during the Covid 19 pandemic in Ambon City is carried out based on statutory regulations, by limiting Community Activities (PKM), Large-Scale Social Restrictions (PSBB) as a form of law enforcement against health protocol violations. during the Covid 19 pandemic in Ambon City through socialization in preventing the spread of the Covid 19 virus and Large-Scale Social Restrictions (PSBB) by applying sanctions against offenders. However, law enforcement against violations of health protocols has not been carried out properly. This is due to the fact that health protocol violations are still occurring in Ambon city. 2. Imposing sanctions for violations of health protocols during the COVID-19 pandemic in Ambon city which is regulated in the Ambon City Mayor's Regulation on PSBB by applying written warning sanctions, administrative sanctions, social sanctions and criminal sanctions to violators. However, the application of sanctions against violators has not provided a deterrent effect on health protocol violators.
Co-Authors Astuti Nur Fadillah Deassy Jacomina Anthoneta Hehanussa Elsa Rina Maya Toule Iqbal Taufik John Dirk Pasalbessy Juanrico Alfaromona Sumarezs Titahelu Marlen Batlayeri Mei Indah Ngilyaubun Reimon Supusepa Rivaldo Laimeheriwa Sherly Adam Vivi Angely Ririhena Yodhi P S Huwae