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All Journal PATTIMURA Law Study Review
John Dirk Pasalbessy
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Penerapan Sanksi Pidana Terhadap Perbuatan Lalai Pengemudi Becak (Studi Putusan Nomor 494/PID.SUS/2018/PN.Ambon) John Christian Tutuarima; John Dirk Pasalbessy; 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.v1i1.10874

Abstract

ABSTRACT: Along with the times, there are also increasing various types of transportation that function to meet human needs, one of which is the traditional rickshaw vehicle. Traditional pedicabs are one of the non-motorized vehicles that still survive in carrying out transportation for the community. In Indonesia, there are many traffic accidents that occur between rickshaws and other transportation, as well as the negligence of the rickshaw driver. Negligence occurs due to someone's inner attitude that does not heed the prohibition so that the actions committed objectively cause conditions that are prohibited by law. 2) Review and discuss the reasons for legal considerations so that the judge lightens the decision of the prosecutor's indictment. The research method used in analyzing and discussing the problem is the normative juridical research method, which is an approach that is carried out by studying library materials or literature studies. From the results of research carried out by researchers through a conceptual and statutory approach, the results are concluded based on Article 183 of the Criminal Procedure Code, a judge imposes a sentence on a person with at least two pieces of evidence and he gains confidence that the defendant is guilty of doing so. the witness's testimony and regret for his actions which have fulfilled the elements in Article 359 of the Criminal Code related to negligence which caused another person's death.
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).
Pemberhentian Anggota Kepolisian Republik Indonesia Pasca Putusan Pengadilan Negeri Jakarta Pusat Nomor: 46/Pid.Sus Tpk/2020/Pn.Jkt.Pst Zulham Fandy Raharusun; John Dirk Pasalbessy; Dezonda Rosiana Pattipawae
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.v1i2.12043

Abstract

In 2020, through a decision of the Central Jakarta Corruption Court (Tipikor) Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst NB, he was proven to have received bribes from the convicted corruption case Bank Bali Djoko Tjandra, then sentenced to 4 years in prison and until now still has the status of an active member of the Indonesian National Police. Review and analyze the status of NB as a member of the Indonesian National Police after the Decision Against NB after the Decision of the Central Jakarta District Court Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst and the legal consequences of the Implementation of Government Regulation Number 1 of 2003 concerning Termination of Members Police of the Republic of Indonesia Against NB After the Decision of the Central Jakarta District Court Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst. The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this paper are primary, secondary and tertiary legal materials. The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this paper are primary, secondary and tertiary legal materials.Until now the termination of members of the Indonesian National Police against NB has not been carried out by the Code of Ethics Commission, so that NB as a defendant through the Decision of the Central Jakarta District Court Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst is still an active member of the police.
Co-Authors Dezonda Rosiana Pattipawae Erwin Ubwarin Heidy Mandaku Jacob Hattu John Christian Tutuarima Zulham Fandy Raharusun