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All Journal TATOHI: Jurnal Ilmu Hukum SASI
Elias Zadrach Leasa
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Penerapan Sanksi Denda terhadap Pelaku Pelanggaran Protokol Kesehatan Covid 19 Reonaldo Charlos Pattipeilohy; John Dirk Pasalbessy; Elias Zadrach Leasa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The government as a policy maker has made Covid-19 a non-natural national disaster.Purposes of the Research: Knowing and analyzing the inhibiting factors for the application of fines to perpetrators of health protocol violations.Methods of the Research: The research method used is normative legal research. With the approach used, namely the statute approach, and the conceptual approach.Findings of the Research: The findings of this study indicate that the inhibiting factors for the application of fines to perpetrators of violations of the COVID-19 health protocol in Ambon city are natural conditions that have an impact on the prevalence of violations, community economic factors that are the main concern when fines are imposed on violators and community dissatisfaction factors which often do not. receive when subject to fines which have implications for the delay in the application of fines.
Mekanisme Penggunaan Closed Circuit Television Sebagai Alat Bukti Petunjuk Dalam Tindak Pidana Pembunuhan Michelle Nicole Sarimanella; Sherly Adam; Elias Zadrach Leasa
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.v2i7.1133

Abstract

Introduction: Closed Circuit Television (CCTV)) is a digital video camera device that is used to transmit signals to a monitor screen in a certain room or place. It has the aim of being able to monitor the situation or condition of a certain place, so that it can prevent the occurrence of a crime or can be used as evidence of a crime that has occurred.Purposes of the Research:  Analyze and discuss the mechanism of using CCTV as evidence of evidence in the crime of murder and Knowing the obstacles in using CCTV as evidence of instructions in the crime of murderMethods of the Research: This study uses a normative juridical research method because it uses a literature study that adheres to the juridical aspects with the types of statutory approaches, conceptual approaches, and case approaches.Results of the Research: The results of the study show that CCTV in its mechanism can be used as evidence for instructions in a criminal act, especially a crime of murder, if the CCTV has a link between witness statements, letters, and the defendant's statement as stated in Article 188 Paragraph (2) of the Criminal Procedure Code although there are several obstacles in the evidentiary process such as unclear CCTV footage and different expert views regarding the use of CCTV recordings as evidence for instructions in the process of proving the crime of murder.
Pertimbangan Hukum Hakim Terhadap Kesaksian Yang Meringankan Dalam Tindak Pidana Pemerkosaan Cantika W Muhrim; Sherly Adam; Elias Zadrach Leasa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1442

Abstract

Introduction: The judge's legal considerations are one aspect of realizing the value of a judge's decision that contains justice and contains legal certainty. In deciding a case the judge must consider the juridical, sociological and philosophical truths.Purposes of the Research: Analyze and discuss the judges legal considerations against the mitigating testimony based on the decision of the district cour No. 396/Pid.B/2019/Pn.Amb)”. analyze and discuss the imposition of sanctions against the crime of rapoe based on decision No. 396/Pid.B/2019/Pn.Amb)”. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: The results showed that the judge’s leal considerations in the decision No. 396/Pid.B/2019/Pn.Amb resulted in the defendant bein acquitted because of the weak evidence presented by the public prosecutor, namely there were no eye witnesses, expert witnesses and also Visum et Repertum which were not used as evidence. On the other hand, the defendant has a mitigating witness, where mitigating facts greatly influence the judgge in imposing sancsions. Based on this decision the judge that the intercourse was consesual, so the judge handed down an acquittal against the defendant.
Penyelesaian Perkara Anak Sebagai Pelaku dan Korban Ditinjau Dari Asas Kepentingan Terbaik Bagi Anak Hadibah Zachra Wadjo; Elias Zadrach Leasa; Denny Latumaerissa; Judy Marria Saimima
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.306

Abstract

In reality, specifically for the principle of the best interests of children who are accommodated in the Aanak Criminal Justice System Act not yet maximized to be applied in cases of children who are dealing with the law both against children as perpetrators and children as victims, which in the settlement of losses suffered by children as a victim of a criminal offense, it has not been concretely felt. Based on the explanation above, the problem that the writer wants to analyze is Is the settlement of the case of children considering the best interests of the child as the perpetrator and the child as the victim? Constraints in fulfilling the best interests principle for children as perpetrators and children as victims. The research method used is a type of empirical juridical research. The results showed that the fulfillment of the best interests of children in the case of children in conflict with the law must be supported by all relevant stakeholders so that children's rights can be implemented at all stages of the case inspection in accordance with the mandate of the Aanak Criminal Justice System Law and the Law related, it is not enough there, the fulfillment of the best interests must also continue to be supported back to the community. Obstacles in fulfilling the best interests of cases of children in conflict with the law, namely the lack of investigators for the protection of women and children, inadequate facilities or infrastructure, human resources both for women and children protection investigators and for assisting victims who are not yet qualified, lack of budget in case settlement children in conflict with the law.
Co-Authors Cantika W Muhrim Denny Latumaerissa Hadibah Zachra Wadjo John Dirk Pasalbessy Michelle Nicole Sarimanella Reonaldo Charlos Pattipeilohy Saimima, Judy Marria Sherly Adam