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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 Pattimura University

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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.

Penyalahgunaan Senjata Tajam Oleh Masyarakat Adat Ratu Boi Maira Suat Pasai; Reimon Supusepa; Iqbal Taufik
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.v2i5.1113

Introduction: Prohibited acts other than firearms and explosives include those that are not firearms because it is prohibited to carry bats, stabbing and stabbing tools.Purposes of the Research: To describe the abuse and the factors that hinder the legal handling of sharp weapons by indigenous peoples. Methods of the Research: This research method is a type of empirical juridical research, or called field research, examining applicable legal provisions, and its actual actions that occur in society itself. Results of the Research: Misuse of sharp weapons by Indigenous Peoples in Waesama Subdistrict, South Buru Regency and the occurrence of murder cases due to carrying sharp vessels in the form of machetes in the general environment of the community, saying that "carrying sharp weapons has become their habit for generations, which is always carried wherever they travel both in the forest and the general environment of the community and part of their activity. The factors hindering the legal handling of sharp weapons abuse in Waesama District, South Buru Regency, are caused by internal and external factors. Internal factors are the existence of a habit that is cultivated, the curator of awareness and knowledge of indigenous peoples is lacking. Meanwhile, extenal factors are religious and educational factors.

Kajian Yuridis Terhadap Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Jefta Ramschie; Reimon Supusepa; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1132

Introduction: The improvement of society's social life, science and technology, has resulted in the growing of criminal acts. Purposes of the Research: The aim of this study is to analyze the criminal liability of the corruption perpetrators and the judges considerations in deciding the case. Methods of the Research: The type of research that used is "Juridicial Normative" research, which is descriptive analysis, statute approaches, Case Approaches, Conceptual Approaches. The technique of collecting law materials is through literature study, then the analysis of Law is qualitative.Results of the Research: The result of the research showed that The Judges of Ambon District Court, sentenced LI as the Head of Ambon City Environment and Waste. The primary consideration in imposing a criminal offense using Article 2 verse (1) is the End Year bonus payment started from 2019-2020. Therefore the Judges conclude that none of the elements of Article 2 verse (1) have been fulfilled. It’s proper to consider elements of the chapter against perpetrators of corruption, professional/office of the perpetrator should be considered.

Proses Pemeriksaan Tindak Pidana Pemalsuan Surat Genose Pada Masa Pandemi Covid-19 Gabriel Makatita; Reimon Supusepa; Judy Marria Saimima
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.v3i2.1561

Introduction: Forgery of letters is caused by unauthorized changes ( without valid permission ) to letter or documents.Threats to trevelers if they are found to have falsified a covid-19 free certificate with the aim of traveling in the midst of the covid-19 outbreak.Purposes of the Research: The purpose of the current study is to analyze and discuse how the process of forgery of letters during the covid-19 pandemic can be classified as a criminal act of forgery of letter, as regulated in article 263 of the criminal code. Methods of the Research: The research method in this study is a noemative research, using a law approach and a conceptual approach. research data sources include primary, secondary, tertiary legal sources. Data collection techniques in the from of literature study. Processing and analysis of legal material used in writing is using qualitative analysis methods.Results of the Research: The result of the research show that the criminal act of forging letters as referred to in article 236 of the criminal code, which was found on Thursday 27 May 2021, around 18:30 WIT at one of the Travel Agents PT. Laperissa Chaur on Ay Patty street, Ambon City. There were individuals who faked the GoNose covid-19 letter, the letter was made and assisted by suspect Rusrman, Husni Suatrean alias Nyong, Mahmudin alias Udin, and Rizky Nuralini Rizdianto alias Iki.

Tindak Pidana Kawin Ganda Yang Dilakukan Oleh Militer Nur Janna Samal; Jhon Dirk Pasalbessy; Reimon Supusepa
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1608

Introduction: In Indonesia, it is no longer permitted to marry more than one person, unless the marriage has permission in the form of a local District Court decision.Purposes of the Research: This research aims To review and analyze the basis for the consideration of Military Judges in sentencing TNI members who perform multiple marriages without the permission of legal wives And to review and analyze the application of the Military Criminal Law to TNI members who double marry without the permission of their wives.Methods of the Research: The type of is anormative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials, namely binding legal materials and secondary legal materials, namely legal materials that provide an explanation of primary legal materials. The problem approach used in this study is the statutory approach and the conceptual approach.Results of the Research: The results of this study, The application of the Military Criminal Law to TNI members who marry multiple marriages without the permission of a valid wife meets the elements of Article 279 Paragraph (1) to 1 of the Criminal Code declaring marriage or marriages to be a legal obstacle, That based on the consideration of the above considerations, the Panel of Judges stated that the above defendants namely Jufri Lapandewa, Praka NRP 31100265920490, legally and conclusively proven guilty of a criminal offence: "Double marriage". Convict the Defendant therefore with imprisonment: For 6 (six) months.

Penerapan Pasal 49 Ayat 1 Kuhp Dalam Tindak Pidana Penganiayaan (Studi Putusan No.32/Pid.B/2021/PN DGL) Faathir Fedayan; Reimon Supusepa; Judy Marria Saimima
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.v3i7.1854

Introduction: Perpetrators of persecution should be subject to punishment as stipulated in the criminal law code, Article 351 Paragraph 1 of the Criminal Code. The defendant abused the victim, the torture was carried out in a forced defense because he felt his safety was threatened.Purposes of the Research: So it raises the problem of how to apply noodweer in Article 49 Paragraph 1 of the Criminal Code as a reason for abolishing the crime? What are the juridical consequences in the judge's consideration of the forced defense of the crime of persecution.The purpose of the study is to find out the application of noodweer in Article 49 Paragraph 1 of the Criminal Code as the reason for the abolition of the crime. To find out the juridical consequences in the judge's consideration of the forced defense of the criminal act of persecutionMethods of the Research: The problem approach used is the conceptual approach, statutory approach and case approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature and then analyzed using quantitative analysis methods.Results of the Research: Based on the results of the research and discussion that the application of noodweer when viewed from the cases taken by the author has been implemented properly and is used as one of the reasons for abolishing a crime, where the reason is a justification but not a reason that justifies the actions of the perpetrator who violated the law, but rather someone is forced to commit an act punishment can be forgiven because there was a violation of law that preceded the act. However, not all actions that are considered as self-defense can be accepted by criminal law as a reason for criminal abolition. Because an act in the noodweer context must comply with the elements specified in Article 49 Paragraph 1 of the Criminal Code. The defense outside the elements specified in Article 49 Paragraph 1 of the Criminal Code is still possible for the offender to be subject to a criminal sentence. That there are no legal consequences for the perpetrators who are considered to have fulfilled the elements in Article 49 Paragraph 1 of the Criminal Code which says: "not convicted, whoever makes a defense is forced to himself or others, the honor of decency or property of himself or others, because any imminent attack or threat of attack at that time would be against the law.” If an act does not meet the elements in that article, then the perpetrator can be criminalized because it is not included in forced defense.

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

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.

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