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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: 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 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

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

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).

Tindak Pidana Pemerkosaan Yang Dilakukan Ayah Kandung Terhadap Anak Sindhi Maria Angini Pattiasina; Margie Gladies Sopacua; 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.v1i1.10903

Rape is a very heinous, immoral and despicable crime and violates the norm whereby the victims are women, both adults and minors. The perpetrators of the criminal act of rape are often people who are known by the victim and some even have family relations and what is most concerning is a father who has the heart to rape his own biological child (incest). Purposes of the Research: to examine and analyze the factors that cause biological fathers to commit criminal acts of rape against children and efforts to deal with criminal acts of rape for children who experience criminal acts of rape. Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books.Results of the Research: Factors that cause the biological father to commit the crime of rape are low education and economic factors, lack of trust in the law, environment and residence, alcohol and lack of understanding of and efforts to counteract the crime of rape for children who have experienced the crime of rape is through the use of penal means, namely through criminal law, this effort is related to the implementation of legal rules and the enforcement of legal rules. Other actions using non-penal means, namely eradicating the circulation of pornographic videos, places that are usually used as tools for pornographic activities and holding outreach to the community and to schools about current sex education.

Peran Visum Et Repertum Sebagai Alat bukti Dalam Perkara Tindak Pidana Kekerasan Bersama (Studi Putusan No. 348/Pid.B/2021/PN.Amb) Masriawati Yuliana; Sherly Adam; Denny Latumaerissa
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.v1i2.12036

Expert testimony is a doctor's statement that can help investigators in providing evidence. The doctor's opinion should be stated in writing in the form of a health report called Visum Et Repertum. The research method used is normative legal research. The nature of the research is descriptive analysis by examining literature material using the Law approach, Concept Approach and Case Approach. The use of legal source materials consists of primary and secondary legal materials to discuss problem formulation. The research results show that: Visum et Repertum does not absolutely have to be present, but in criminal acts where the object is the human body, for example murder, assault, rape, it is best to be equipped with a Visum et Repertum. If several witnesses saw the occurrence of a crime, for example violence or abuse and this is supported by the defendant's statement and the judge is convinced of the defendant's guilt, then the defendant can be sentenced even if it is not accompanied by a Visum et Repertum. However, if there is a lack of evidence, Visum et Repertum can be used as evidence to strengthen the proof of a violent crime committed by someone. The position of post mortem et repertum even though the content is in the form of expert testimony given under oath and outside of a court hearing, and its qualifications are included as documentary evidence and not expert testimony evidence, and the qualifications are included as documentary evidence and not expert testimony evidence. And if the post mortem et repertum is linked to Article 1 stb. 1937 No. 350 can also be considered as expert testimony and expert testimony is valid evidence in article 184 KUHAP.

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