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Julianus Edwin Latupeirissa
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Penerapan Tindak Pidana Rehabilitasi Dalam Tindak Pidana Narkotika (Studi Putusan Pengadilan Negeri Jakarta Barat Nomor 582/Pid.Sus/2021/PN Jakarta Barat) Fitri Ayulia Arfai; Julianus Edwin Latupeirissa; Steven Makaruku
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.v1i1.10870

Abstract

ABSTRACT : As stated in Article 127 paragraph (3) of Law No. 35 of 2009 concerning Narcotics, abusers or victims of narcotics abuse must receive both medical and social rehabilitation. However, this was stated in the decision of the West Jakarta District Court Number 582/Pid.Sus/2021/West Jakarta PN. In fact, drug abusers or survivors of narcotics are given prison sentences, making it easier to conduct research. The methodology used in this research is normative juridical with considerations of laws and regulations, conceptual considerations and content considerations. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The research results show that rehabilitation is necessary for those who use or possess drugs because they are physically unwell and need to be treated for their addiction. This is in accordance with Article 54 of Law Number 35 of 2009 concerning Narcotics. Sentence of imprisonment for 5 months in the decision of the West Jakarta District Court Number 582/Pid.Sus/2021/PN Jakarta Barat. Has fulfilled the elements in Article 127 paragraph (1), but will refer to the principle of restorative justice that imposing a sentence on narcotics addicts is inappropriate because it is not oriented towards recovery but rather oriented towards retaliation.
Pembunuhan Tidak Disengaja Ditinjau Dari Hukum Pidana Menurut Pasal 351 KUHP (Studi Kasus: Putusan No 1/Pid.B/2022/Pn Amb) Juniati Laora Garoma; Julianus Edwin Latupeirissa; Iqbal Taufik
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.v1i1.10896

Abstract

ABSTRACT: This research discusses the cases contained in the court decision No 1/Pid.B/2022/Pn Amb. Where Schwarcof Etus Kainama died with the perpetrator being Heron Doweeks Pattiwael who was sentenced to 4 (four) years in prison by the Ambon District Court Judge for being proven guilty of violating article 351 concerning severe maltreatment resulting in death. In this case, there was an element of unintentional found in the hostilities which the legal facts contained in the BAP, Eron was sentenced to 4 (four) years in prison for being proven against article 351 concerning severe maltreatment resulting in death. The research method used in studying and discussing this problem is normative juridical. The legal materials used are primary, secondary and tertiary legal materials. The results of the research on the elements of Article 351 of the Criminal Code in the decision No. 1/P.B/2022/Pn.Amb did not comply, this is because the decision did not find the element intentionally and accurately. Then the thing that became the basis for the Panel of Judges to sentence the perpetrators was the demands of the Public Prosecutor and by considering every piece of evidence in the dispute, the intentional intentional counter-attack can be interpreted as a form of overmacht or what is called the influence of coercive force.
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.
Kajian Kriminologis Penanggulangan Tindak Pidana Penganiayaan (Studi Pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Christy Moren Manduapessy; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
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.v1i2.12035

Abstract

The crime of assault is an act committed by someone intentionally causing pain or injury to another person. In Maluku Province, especially Ambon City, criminal acts of abuse investigated by the P. Ambon and P. P. Lease Police in the last 3 years have increased, according to Article 351 of the Criminal Code. This research aims to find out whether criminological aspects are taken into account in dealing with criminal acts of abuse and how criminal acts of abuse carried out by the P.Ambon and P.P Lease Police are handled. The research method used empirical juridical research methods Research Locations P. Ambon and P.P Lease Police, Nusaniswe Police, Teluk Ambon Police and Sirimau Police, Sample, Population, Respondents, Data sources used are primary data and secondary data. Material collection techniques through observation, interviews and quantitative analysis of legal materials. Based on the results of research and discussion, in Maluku Province, especially Ambon City, it is handled by the P. Ambon Police and P. P. Lease, namely criminal acts of abuse. The phenomenon that occurred at Nusaniwe Police, Teluk Ambon Police and Sirimau Police has increased in the last three years. Law enforcement of criminal acts of abuse at the P. Ambon and P. P. Lease police stations lacks incomplete evidence, there is a lack of public understanding, especially witnesses who see and know about criminal acts of abuse, often do not want to be witnesses in the investigation process until the trial stage and victims do not know who the perpetrators are. Committing criminal acts of abuse. Efforts to overcome criminal acts of abuse can be carried out using three measures, namely Pre-emptive Efforts, Preventive Efforts and Repressive Efforts. Pre-emptive efforts made by the police to instill good norms. Preventive efforts through coaching, education and community awareness. Repressive efforts were carried out by rehabilitation.
Peranan Polisi Lalu Lintas Dalam Meningkatkan Kesadaran Hukum Penggunaan Helm Bagi Pengemudi Sepeda Motor Roda Dua (Studi Kasus: Polresta Pulau Ambon dan Pulau-Pulau Lease) Rince Monita Sari Molle; Julianus Edwin Latupeirissa; Anna Maria Salamor
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.v1i2.12046

Abstract

This research discusses the role of the traffic police in increasing legal awareness of the use of helmets for two-wheeled motorbike drivers. Purposes of the research: to analyze and understand the application of sanctions against drivers who violate them, as well as explain the efforts made by the police to increase legal awareness. Methods of the Research: This research uses empirical juridical research methods with legal material processing techniques and then data examination is carried out in the form of data classification. Results of the Research: The results of the research show that the level of legal awareness of the use of helmets among the people of Ambon City is still very minimal or low, so it requires cooperation between law enforcement officials and the community so that the level of awareness increases and a conducive atmosphere is created.
Co-Authors Anna Maria Salamor Christy Moren Manduapessy Deassy Jacomina Anthoneta Hehanussa Erwin Ubwarin Fitri Ayulia Arfai Iqbal Taufik Juniati Laora Garoma Martha Adolfina Ohoiner Rince Monita Sari Molle Steven Makaruku