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Pertimbangan Hukum Hakim Terhadap Pelaku Tindak Pidana Perkosaan (Studi Putusan Nomor 451/Pid.B/2021/PN Amb) Jimmy Rivaldo Nampasnea; Sherly Adam; Carolina Tuhumury
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.v1i1.10873

ABSTRACT: The freedom of judges will be limited by statutory regulations (criminal procedural law), as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Code (KUHAP). So that in deciding cases of rape crime, it must have a clear basis of consideration and can provide a deterrent effect on the perpetrator. The aim of the research is to examine and analyze the judge's legal considerations for the perpetrators of the crime of rape and to examine and analyze the imposition of sanctions on the perpetrators of the crime in the perspective of the purpose of punishment. In this legal research, the authors use Normative Juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing. The results of the research show that the judge's legal considerations for the perpetrators of the criminal act of rape study the decision number 451/Pid.B/2021/PN Amb, legally and convincingly proven guilty of committing the crime of rape. This is in accordance with the prosecutor's indictment, the defendant's statement, witness testimony, evidence, articles in the criminal law regulations and the defendant's background. The imposition of sanctions for the perpetrators of the crime of rape in the perspective of the purpose of sentencing is in accordance with sentencing and the defendant is given a criminal sanction of 10 (ten) years in prison, so what is the objective of sentencing and providing a deterrent effect on the perpetrators can be realized.

Penegakan Hukum Terhadap Perjudian Togel Online Pada Polres Maluku Tengah Taufik Sabenjara Kalidupa; Sherly Adam; Judy Marria Saimima
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.v1i1.10894

ABSTRACK: This study aims to discuss Law Enforcement Against Online Togel Gambling at the Central Maluku Police and efforts to deal with online lottery gambling at the Central Maluku Police. The type of research used is empirical juridical research. Central Maluku Police research location. Population, sample and respondents Polres Investigators of Central Maluku Regency and 5 community members. Data sources are primary data and secondary data. Legal material collection techniques through interviews and documentation studies. Data processing techniques through editing and qualitative data analysis techniques. The results of this study indicate that the role of the Central Maluku Police in enforcing the law against online lottery gambling at the Central Maluku Police has been carried out in accordance with statutory provisions, but in carrying out law enforcement against online lottery gambling the role of the Police is still there are factors that influence law enforcement against online lottery gambling at the Central Maluku Police, including the legal factor itself or the law, factors of law enforcement officials, factors of facilities and infrastructure, community factors and servers placed in countries where gambling is legalized. Efforts to deal with online lottery gambling were carried out by the Central Maluku Police through preventive and repressive efforts. Preventive efforts include providing advice and counseling or outreach to schools and the community regarding online gambling and providing knowledge of the dangers and losses that can be obtained when carrying out online gambling. Repressive efforts include imposing sanctions on online tigel gambling actors by applying Article 303 and/or 303 bis of the Criminal Code and Article 27 paragraph (2) and Article 45 of the Electronic Information and Transaction Law.

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.

Upaya Penanggulangan Anak Jalanan Oleh Dinas Sosial Kota Ambon Selvyana Warwuru; Sherly Adam; Ronald Saija
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.v1i2.12039

Every child has the right to live, grow, develop and participate reasonably in accordance with the dignity of humanity, and receive protection from violence and discrimination and the Government is obliged to organize the maintenance and care of neglected children, both in institutions and outside institutions. This study aims to determine how the efforts and role of the Ambon City Social Service in overcoming Street Children in Ambon City.The research method used with empirical juridical research type. data collection techniques are observation, interviews and documentation. Legal materials used are primary legal materials and secondary legal materials. The data that has been collected is then analyzed through description using qualitative methods.The results showed that the role of the Ambon City Social Service for street children in Ambon City is as a parent, as a teacher and also as a supervisor and the countermeasures made by the Ambon City Social Service itself against street children are raids and street child screening, Social Guidance for families of street children, and providing nutritional assistance. In the efforts to overcome street children in Ambon City, the Ambon City Social Service is still classified as ineffective in tackling the problem of street children because there are no strict sanctions for parents of street children or certain individuals. To improve efforts to deal with street children, the Ambon City Social Service really needs a Halfway House to accommodate these street children.

Kajian Kriminologis Terhadap Tindak Pidana Pencabulan Anak Yang Disertai Kekerasan Sherly Pattianakota; Sherly Adam; Yanti Amelia Lewerissa
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.v1i2.12040

Crimes involving child molestation are categorized as criminal acts against morality, as regulated in the provisions of Article 289 of the Criminal Code and Article 4 paragraph (2b) of Law Number 12 of 2022 concerning Crimes of Sexual Violence. The aim of the research is to analyze and discuss the factors that cause criminal acts of child molestation accompanied by violence as well as analyze and discuss countermeasures in dealing with criminal acts of child molestation accompanied by violence by the Ambon Island Police and P.P. Leases. The research method used is empirical juridical research, the data sources are primary data and secondary data. Data collection techniques through observation, interviews, literature, documentation and qualitative descriptive analysis. The factors that cause the crime of child molestation accompanied by violence are environmental factors, consisting of (residential environment, family environment, and social relations), technological development factors such as the use of social media Facebook, the victim being easy to meet, the low level factor. Economy and unemployment and factor education. Mitigation efforts in dealing with criminal acts of child molestation accompanied by violence by the Ambon Island Police and P.P Lease, include preventive action, preemptive action and repressive action, including conducting counseling or socialization by the Binmas Unit in the form of legal education and appeals carried out in several places. . Policewomen activities through Goes To School by PPA Unit Officers, and PPA Policewomen in collaboration with victim assistants, namely P2TP2A (Integrated Service Center for Empowerment of Women and Children) Ambon City in the form of outreach. Investigators are carrying out law enforcement efforts against perpetrators of criminal acts of child molestation accompanied by violence.

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