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Elsa Rina Maya Toule
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Para Pihak Yang Terlibat Dalam Perjudian Poker Online Trinita Calista Ruhulessin; Elsa Rina Maya Toule; Jacob Hattu
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.v1i1.10868

Abstract

ABSTRACT: Gambling is a crime, namely betting an amount of money where the winner gets the betting money or in other words a battle of fate. The problem of gambling can be detrimental to society and the morals of our nation, basically this crime causes public order, peace and security to be disrupted. Besides that, the influence on children is very large, they will join in committing gambling crimes that they see happening in their environment, which will negatively affect the psychology of children and cause material losses for those who do it. Even though the prohibition of gambling both offline and using electronic media or more familiarly known as online gambling has been very strictly regulated in several laws and regulations, in fact this gambling is increasingly widespread in society. Even with the many regulations that tighten the scope of gambling, gamblers are even more innovative in running this business. Gambling means that an act can be punished by the existence of regulations. If someone has committed a crime of gambling, then he can only be tried based on the criminal laws and regulations that were in effect at the time the act was committed. Online gambling is one type of Cyber ​​Crime action. namely the misuse of technology for gambling, online gambling itself has been regulated in Law No. 11 of 2008 concerning Information and Electronic Transactions. And the article that regulates online gambling is listed in article 27 paragraph 2.
Pertanggungjawaban Pidana Pengguna Anggaran Makan Dan Minum (Studi Putusan MA RI No 832 K/Pid.Sus/2017) Annisyah Sahaya Ahmad; Elsa Rina Maya Toule; Jacob Hattu
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.v1i1.11073

Abstract

ABSTRACT : This study discusses the legal arrangements regarding the procurement of goods and services in relation to criminal acts of corruption and the criminal responsibility of perpetrators of corruption in these cases. Purposes of the research to analyze and discuss legal arrangements regarding procurement of goods and services in relation to criminal acts of corruption and to explain criminal responsibility for perpetrators of corruption in the procurement of food and drink budgets for Members of the DPRD Kota Tual for the 2010 Fiscal Year in terms of the PTPK Law. 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. The results of this study indicate that, legal arrangements related to the procurement of goods and services function to regulate and know procedures/procedures for good and correct implementation. The element against the law is one of the parameters in determining personal responsibility for personal mistakes committed by perpetrators. The perpetrators of corruption in this case have fulfilled the elements of the indictment charged by the Public Prosecutor and therefore the perpetrators must be held accountable for their actions. The judge's legal considerations were in accordance with the existing rules by considering aggravating circumstances as well as mitigating circumstances based on the legal facts found during the trial.
Saksi Sedarah Dalam Perkara Pidana Hanisa Sokanfuti; Elsa Rina Maya Toule; Judy Marria Saimima
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.v1i2.12031

Abstract

Law enforcement is an effort to turn ideas and concepts into reality. Enforcement is the process of realizing the will of the law. The legal will referred to here is the expression of the legislator's thoughts in legal provisions. Discussions about the law enforcement process also extend to lawmaking. The formulation of the legislator's thoughts as outlined in the provisions of the law will also determine how it will be enforced. This research is normative juridical research. This type of research is descriptive analysis. The supporting data and information are then identified and then systematized for interpretation and arguments are given to reach a conclusion on the problem. The results of the research show that there are doctrines or theories of criminal responsibility for domestic violence, so for law enforcement officers in Indonesia there should no longer be any legal problems in filing a case as a suspect or defendant in the Indonesian criminal justice system, as long as this is justified by legislation (e.g. domestic violence legislation). The position of a witness who is related to the defendant or is a qualified witness is categorized as providing testimony without oath if they give their statement at trial without the consent of the defendant and the public prosecutor. The position of children as witnesses in criminal cases is recognized and legal in the Criminal Procedure Code, but based on the legislation, children cannot be held accountable in criminal law, so children cannot be sworn in to provide information, therefore the information is only used for guidance or as additional legal evidence. and strengthen the judge's confidence.
Co-Authors Annisyah Sahaya Ahmad Hanisa Sokanfuti Jacob Hattu Saimima, Judy Marria Trinita Calista Ruhulessin