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All Journal LUTUR Law Journal PATTIMURA Law Study Review
Erwin Ubwarin
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Penggunaan Pelat Tanda Nomor Kendaraan Bermotor Yang Dipalsukan di Kota Ambon Eivandro Wattimury; Hadibah Zachra Wadjo; Erwin Ubwarin
LUTUR Law Journal Vol 1 No 1 (2020): November 2020 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v1i1.2838

Abstract

Pengunaan Tanda Nomor Kendaraan Bermotor Palsu di Kota Ambon sangat marak digunakan, baik untuk kendaraan baru dengan plat nomor putih, penggunaan pada saat orang kawin, sampai dengan merubah ukuran dan bentuk untuk gaya, selain itu karena dianggap lebih murah dan lebih cepat pengurusannya dari pada harus dibuat di Kepolisian. Metode penulisan yang dipakai dalam tulisan ini adalah yuridis normatif, di dukung dengan data wawancara. Hasil ditemukan bahwa ada beberapa faktor yang mempengaruhi dalam penegakan hukum Tanda Nomor Kendaraan Bermotor Palsu, untuk itu dilakukan penegakan hukum melalui cara Preemtif, Preventif dan Represif.
Istri Sebagai Pelaku Kekerasan Fisik Terhadap Suami Dalam Rumah Tangga Jaqualine Monicha Talahatu; Margie Gladies Sopacua; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10867

Abstract

ABSTRACT: Domestic violence is violence perpetrated by a husband against his wife, but the victims are mainly women as wives. Domestic violence is any violence based on gender differences that causes pain or suffering, especially for women as wives, including threats, coercion, restrictions on freedom both in public and at home. However, the reality is that domestic violence also occurs against husbands committed by wives. One of the cases of physical violence committed by a wife against her husband is criminal case number LP-B/486/XI/2022/Maluku, in which the wife actually committed the crime of physical violence against her husband. This study uses normative legal research methods. Peter Mahmud Marzuki, argues that normative legal research which is another name for doctrinal legal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials. The causes of physical violence against husbands are; 1) Domination factor where the wife is more dominant than the husband, this is seen as the case that the wife feels that her job as a civil servant or other job has a greater source of income than the husband; 2) Psychic Factors where when the husband comes home drunk, gambling, not supporting the wife and children in the household, then the wife reprimands repeatedly but these things are still being done by the husband; 3) Economic Factors; economic conditions that are classified as middle or sufficient with the increasing needs of life will become a problem for the wife against the husband 4) Infidelity Factors; Infidelity factor; infidelity committed by the wife brings consequences and causes domestic disputes and ultimately leads to domestic violence 5) Fatigue Factor; excessive work demands are also where a person feels emotional pressure or what is commonly called emotional fatigue, thus causing domestic violence 6) Environmental Factors where the environment is a place to live for people who are very sensitive to negative environmental influences; and 7) The Liquor Factor where alcoholic beverages can make the person lose self-control and if consumed excessively, it results in drunkenness so as to commit negative actions such as violence.
Penerapan Sanksi Pidana Kepada Anak Penyalahgunaan Narkotika (Studi Kasus PSBR Hiti-Hiti Hala-Hala) Magdalena Yuni Tahalele; Juanrico Alfaromona Sumarezs Titahelu; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10869

Abstract

ABSTRACT: Narcotics abuse is a problem that occurs both nationally and internationally and has not been resolved to date. Narcotics abuse can be felt by all persons regardless of ethnicity, race and religion, including children. The purpose of this study was to find out and provide an overview of the application of this form of coaching to children who abuse narcotics at PSBR & ABH Hiti-Hiti Hala-Hala. The type of research used in this research is empirical legal research. By using the method of data collection techniques in the form of field studies in which there are interviews in oral form by asking several questions to the informants related to the problem under study and conducting literature studies which use laws and regulations, legal journals, encyclopedias relevant to the research material. From the data that has been collected from the results of research, in this case interviews with relevant sources as well as collection from several literatures, laws, and books related to these problems. Then it will be analyzed descriptively to provide an overview of the subject of the results of the research conducted. The results of this study concluded that Narcotics are drugs derived from synthetic and semi-synthetic plants which cause a decrease in consciousness and lead to dependence. Article 1 point 1 Law No. 35 of 2009 concerning the abuse of narcotics. The abuse of narcotics by minors can certainly affect the mental health of children, physically interfere with children, to the point of dependence and addiction, so that children become addicted. This is because children are unstable so they are easily influenced and guidance and rehabilitation must be carried out for both users and dealers. But the fact is that, in carrying out criminal applications to children who abuse narcotics. Children who abuse narcotics are placed in the Hiti-Hiti Hala-Hala Social Institution for Youth and Children in Conflict with the Law (PSBR&ABH).
Penerapan Sanksi Pidana Terhadap Perbuatan Lalai Pengemudi Becak (Studi Putusan Nomor 494/PID.SUS/2018/PN.Ambon) John Christian Tutuarima; John Dirk Pasalbessy; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10874

Abstract

ABSTRACT: Along with the times, there are also increasing various types of transportation that function to meet human needs, one of which is the traditional rickshaw vehicle. Traditional pedicabs are one of the non-motorized vehicles that still survive in carrying out transportation for the community. In Indonesia, there are many traffic accidents that occur between rickshaws and other transportation, as well as the negligence of the rickshaw driver. Negligence occurs due to someone's inner attitude that does not heed the prohibition so that the actions committed objectively cause conditions that are prohibited by law. 2) Review and discuss the reasons for legal considerations so that the judge lightens the decision of the prosecutor's indictment. The research method used in analyzing and discussing the problem is the normative juridical research method, which is an approach that is carried out by studying library materials or literature studies. From the results of research carried out by researchers through a conceptual and statutory approach, the results are concluded based on Article 183 of the Criminal Procedure Code, a judge imposes a sentence on a person with at least two pieces of evidence and he gains confidence that the defendant is guilty of doing so. the witness's testimony and regret for his actions which have fulfilled the elements in Article 359 of the Criminal Code related to negligence which caused another person's death.
Pemberhentian Penyelidikan Penyebaran Video Porno Oleh Direktorat Reserse Kriminal Khusus (Diskrimsus) Polda Maluku Rolan Fendri Lakoruhut; Reimon Supusepa; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10900

Abstract

ABSTRACT: The juridical study of dismissing investigations into the distribution of pornographic videos is the basis for investigators, in order to uncover a criminal act regulated in Law Number 44 of 2008 concerning pornography. The problems that can be raised are whether the case of spreading the Ambon selegram porn video is a crime and what are the juridical reasons for stopping the investigation by the Maluku Regional Police special criminal investigation directorate into the case of the Ambon selegram porn video distribution. The purpose of the research is to examine and the actions taken by vws and JP can be qualified as criminal acts of spreading pornography or not and to study and analyze juridical reasons by the directorate of special criminal investigation (Dirkrimsus) of the Maluku Regional Police. The type of research used is normative juridical. The approach used in this research is based on legislation, case approach and conceptual approach. The results of the study explain that pornographic acts are unlawful and for this reason, perpetrators can be held accountable for the law. In this context, criminal law is one of the means that is expected to be able to deal with pornographic crimes against vws and jp.
Analisis Putusan Hakim Terhadap Pertanggungjawaban Pidana Dalam Pembunuhan Yang Dilakukan Oleh Anak ( Studi Kasus Putusan Nomor : 15/Pid.Sus-Anak/2021/PN Amb) Martha Adolfina Ohoiner; Julianus Edwin Latupeirissa; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12034

Abstract

Currently, many criminal acts are committed by children, this is due to developments in the times which make children easily influenced so that they commit unacceptable actions. One of the facts can be seen in the murder case committed by Rahman Bahari Ramadhan Alias ​​Babang against the victim named Firman Alias ​​Tole which was tried at the Ambon District Court as per Decision Number: 15/Pid.Sus-Anak/2021/PN Amb. It has been regulated in the Criminal Code regarding the consequences of committing an act of murder, but in society, murder is something that occurs continuously and must be prosecuted. The research used is normative legal research. The problem approaches used are the statutory approach and the conceptual approach. The collection of legal materials used includes primary, secondary and tertiary legal materials. Collection procedures using Legal Literature Materials as well as Management and Analysis of Legal Materials are carried out using qualitative analysis techniques to answer problems. Based on this research, it can be concluded that a child who commits a criminal act can be held accountable as determined by the Criminal Code and other laws and regulations. So, based on the judge's legal considerations, the child was sentenced to imprisonment for 4 (four) years and 6 (six) months, the sentence received by the child was based on the failure of the diversion process.
Co-Authors Eivandro Wattimury Hadibah Zachra Wadjo Jaqualine Monicha Talahatu John Christian Tutuarima John Dirk Pasalbessy Juanrico Alfaromona Sumarezs Titahelu Julianus Edwin Latupeirissa Magdalena Yuni Tahalele Margie Gladies Sopacua Martha Adolfina Ohoiner Reimon Supusepa Rolan Fendri Lakoruhut