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All Journal PATTIMURA Law Study Review
Juanrico Alfaromona Sumarezs Titahelu
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Dampak Reviktimisasi Terhadap Penyintas Kekerasan Seksual dalam Proses Penyidikan David Brain Siregar; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
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.v1i1.10866

Abstract

ABSTRACT: The Police, as the primary institution in the criminal justice system responsible for handling victims of sexual harassment, plays a central role in ensuring the rights of citizens. These rights include accessibility to the criminal justice process and equality before the law. However, the reality of the investigative process often neglects the rights of the victims in formal legal practices, leading to re-victimization during the formal process. The ramifications of legal practices resulting in re-victimization during the formal legal process have widespread impacts on the victims and the community at large. The purpose of this research is to identify and analyze the impact of re-victimization on victims of sexual violence during the investigation process. The research method employed is Normative research, which involves studying available literature materials. The approach to the issue includes legislative approaches, conceptual approaches, and case-based approaches. The collection of legal materials is then analyzed qualitatively. The study reveals that when victims of sexual violence are subjected to re-victimization during the criminal justice process, it has negative psychological effects on them. The term "re-victimization" refers to the experience of being victimized again, this time by the legal system itself. This concept is relatively new in the criminal justice context and should be fully embraced and integrated into the entire criminal justice system to address its impact properly.
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 Hukum Pidana Terhadap Warga Negara Asing Yang Melakukan Kejahatan Skimming Di Indonesia Heidy Esmeralda Silooy; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
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.v1i1.10871

Abstract

Skimming is the act of stealing ATM card information by taking information contained on the magnetic stripe on the card illegally, skimming crimes are committed by installing skimmer devices on ATM machines to obtain data on ATM cards. Skimming crimes are inseparable from the various methods used by the perpetrators, the perpetrator of skimming crimes is a foreign national. Crimes are committed professionally and well organized so that it is easy to commit skimming crimes as a result of skimming crimes there are many losses to customers and banks. Purposes of the Research: to determine the application of criminal law against foreign nationals who commit skimming crimes. Methods of the Research: The type of research used in this research is normative juridical. This type of research is descriptive analytical research. The sources of legal materials are primary, secondary and tertiary legal materials. Data collection techniques are carried out through tracing legal materials by reading, seeing, listening, or doing. Results of the Research: Skimming crimes regulated in the Criminal Code and the ITE Law in which the elements in Article 30 of the ITE Law on illegal access have been fulfilled by skimming crimes, namely the element of every person, the element intentionally, the element without the right or against the law and the element of accessing a computer or electronic system. In addition, the results of this study explain that the skimming crimes of the perpetrators are punished based on existing laws in accordance with what has been done, the application of criminal law is of course as a legal provision in tackling crime, anyone who commits a crime will be punished according to applicable law whether it is an Indonesian citizen or a foreign citizen. In addition, the crimes committed can be seen based on the applicable principles relating to skimming crimes are territorial principles or regional principles because legal provisions apply to everyone who commits a crime in the territory of the Republic of Indonesia must be punished according to existing regulations.
Upaya Kepolisian Dalam Menangani Tempat Kejadian Perkara Pembunuhan Di Jembatan Merah Putih Mikhael Patsy Riupassa; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
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.v1i1.10901

Abstract

According to Perkap 6 of 2019 in article 6 paragraph (1) regulates methods of carrying out investigations, one of which is TKP processing. Related to processing crime scenes to look for evidence, this can also be done in murder cases. Criminal acts of murder often occur in the midst of society. The initial police suspicion was that the victim died by committing suicide by dropping himself from the red and white bridge. However, when the police carried out further investigations, it was discovered that the cause of the victim's death was not suicide, but that the victim was deliberately thrown from the bridge by his two colleagues. This study aims to examine and analyze the efforts of the police in dealing with the crime scene on the red and white bridge and examine and analyze what factors are the obstacles for the police in handling the crime scene on the red and white bridge. This study uses Empirical Juridical Research. To analyze the problem, the Descriptive Analytical analysis technique is used with the technique of collecting and analyzing legal materials, namely Qualitative Analysis. The results of this study indicate that the process of handling a murder case at JMP, began with a public report regarding the discovery of a victim who was allegedly lifeless. again on the foundation of the pillars supporting JMP to Babinkantibmas,. Then the report was forwarded to the Ambon Bay Police. Regarding the processing of the TKP of the murder at JMP, the police referred to the Technical Instructions of the Indonesian National Police Number: 01/II/1982 concerning Handling of Crime Scenes (hereinafter referred to as JUKNIS 01/II/1982).
Co-Authors David Brain Siregar Denny Latumaerissa Erwin Ubwarin Heidy Esmeralda Silooy Magdalena Yuni Tahalele Mikhael Patsy Riupassa