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Steven Makaruku
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.
Penyelesaian Kasus Pelecehan Seksual Di Kepulauan Kei Maluku Tenggara (Suatu Kejian Hukum Adat) Julia Afniasary Sulaiman; Reimon Supusepa; Steven Makaruku
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.v1i2.12041

Abstract

Indonesia is based on the rule of law, but acts that violate the law often occur, one of which is sexual harassment. The phenomenon of sexual harassment often occurs in society, both physically and non-physically, in other words, there are still many who violate the rules that have been made. In the issue of sexual harassment, gender reactions are complex and involve various aspects of human life such as morals, religion, and others. The type of research used by the author in preparing this writing is normative juridical legal research (normative legal research method). The normative juridical research method is legal research of libraries or secondary lists only. This research was conducted in order to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject matter. Research approach methods, namely the statute approach and the case approach. The results of the research concluded that laws governing women's rights to honor and dignity include prohibitions against hissing at women, pinching and defiling women. There are values ​​such as respect for the rights and dignity of women so that the slightest action that can hurt feelings or is intended to tempt women is strictly prohibited.
Tindak Pidana Pencurian Dengan Pemberatan (Studi Pada Putusan Nomor 398/Pid.B/2022/PN.Amb) Paul Edward Mataheru; Yanti Amelia Lewerissa; Steven Makaruku
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.v1i2.12045

Abstract

The element of joint theft is defined as an act committed jointly, with the same intention as stipulated in Article 56 of the Criminal Code, namely participation in the act. Participation in committing is defined as "Committing together". In this context, of course, the perpetrators must be at least two people who commit the crime and who participate in the crime. This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques are carried out through literature study and analyzed using qualitative analysis methods to answer the problems in this writing. Based on Decision No. 398/Pid.B/2022/PN.Amb, the author concludes that the judge could have implemented Article 55 of the Criminal Code because the actions committed by the defendant were also included in the crime of participation (Medepleger). The author concludes that it would be very fair if the judge sentenced the defendant to Article 363 paragraph (1) 4th jo Article 55 of the Criminal Code. The author also concludes that the defendant has previously been convicted, the sentence should have been aggravated not only for 2 years, because the defendant's actions fall into the category of qualifying or certain crimes and the threat of punishment is also aggravated where the main elements of theft are the same as the elements of theft in Article 362 of the Criminal Code, while the special elements that aggravate the punishment are contained in many elements, for example in paragraph (4) of Article 363 which consists of several alternatives, namely the aggravation of the object element, which lies at the time or incident when the theft is committed; and the perpetrators are more than one (with allies).
Co-Authors Fitri Ayulia Arfai Julia Afniasary Sulaiman Julianus Edwin Latupeirissa Paul Edward Mataheru Reimon Supusepa Yanti Amelia Lewerissa