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

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Journal : PATTIMURA Law Study Review

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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.
Penipuan Berkedok Investasi Jenis Binary Option Muhammad Ajirifano Sahubawa; Deassy Jacomina Anthoneta Hehanussa; 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.v1i1.10895

Abstract

ABSTRACT: Fraud under the guise of Binary Option type Investment is one of the many scams under the guise of investment. To find out the modus operandi of fraud under the guise of investment, especially the type of Binary Option as well as legal remedies and legal protection from victims of fraud under the guise of investment of the Binary Option type, this research was made as an effort to prevent the public from financial losses due to fraud under the guise of investment. The research method used in this study is normative juridical with statutory, conceptual and case approaches. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of the study show that Binary Option investment is a form of online gambling disguised as an investment. Therefore, everyone who introduces and promotes Binary Options trading and similar things as an investment is clearly a fraud who wants to seek personal gain. Therefore, this research is needed to increase public literacy regarding investment as an effort to eradicate fraud under the guise of investment. Various modus operandi carried out by the perpetrator in an effort to smooth out the action, namely; creating and distributing social media content containing misleading information regarding the Binomo platform, creating fictitious trading courses, and trading fictitious trading robots. In addition, related legal remedies that can be taken to avoid Binary Option investment fraud are preventive legal remedies, which are carried out by reporting and categorizing all forms of investment offers that have a mechanism and system similar to Binary Options as a form of online gambling that violates statutory provisions.
Disparitas Putusan Pengadilan Negeri Ambon Nomor 32/Pid.Sus-TPK/2021/PN Amb Dengan Putusan Nomor 34/Pid.Sus-TPK/2021/PN Amb Heidy Mandaku; John Dirk Pasalbessy; 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.v1i1.10898

Abstract

ABSTRACT: Criminal disparity is a problem that has long been the center of attention of academics. Ambon District Court Decision Number 32/Pid.Sus-TPK/2021/PN Amb with decision Number 34/Pid.Sus-TPK/2021/PN Amb, the formation of the panel of judges is the same. The criminal acts committed were the same at the same time and place, however,but has the aim of analyzing and discussing the differences in the court decisions in the two cases and then discussing and explaining the causes of the differences in the two decisions . The type of research used in this research is normative legal studies. Normative legal research is legal research conducted by investigating literature or secondary data. Data sources used are primary data and secondary data. The data collection technique was carried out, namely searching for and collecting laws and regulations relating to the legal issues encountered. The results of the research showed that the difference in the Court's decision in the PN case in the Court's decision in the Ambon PN case Number 32/Pid.Sus-TPK/2021/PN Amb with decision Number 34/Pid.Sus-TPK/2021/PN Amb is First, the articles granted by the judges are different. II as a Commitment Making Officer (PPK), with the same job, but from the judge's decision for both cases the first decision of the panel of judges used article 2 (unlawful elements) and the second decision used article 3 (abuse of authority).
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.
Co-Authors Annisyah Sahaya Ahmad Astuti Nur Fadillah Deassy Jacomina Anthoneta Hehanussa Elsa Rina Maya Toule Heidy Mandaku John Dirk Pasalbessy Muhammad Ajirifano Sahubawa Trinita Calista Ruhulessin