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Iqbal Taufik
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pendekatan Restorative Justice Dalam Penyelesaian Tindak Pidana Pencemaran Nama Baik Di Bidang Informasi dan Transaksi Elektronik Viona Juanne Huwae; Deassy Jacomina Anthoneta Hehanussa; Iqbal Taufik
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.v1i1.10875

Abstract

ABSTRACT: Defamation by means of social media is indeed easy to do and spreads quickly and is known by many people. This has an adverse impact on other people which has legal implications as contained in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008, Article 36 as referred to in articles 27 to 34 which result in losses for other people. This study uses the Normative Juridical method with the Study of Statutory Approaches, Case Approaches, and Conceptual Approaches. Legal Material Collection Techniques are carried out using library research. The sources of legal material used in this study are the study of primary legal materials, the study of secondary legal materials, and the study of tertiary legal materials. The legal materials are analyzed using a qualitative approach. The results of the study show that the Restorative Justice Approach is used in solving criminal acts of defamation in the field of ITE as an alternative in seeking peace so that prison sentences are no longer imposed, and the process is replaced by mediation involving the perpetrator, victim, perpetrator's family, and/or the victim's family and stakeholders. The application of Restorative Justice must be carried out on specific crimes, especially on defamation crimes which are an alternative in the law enforcement process. The Restorative justice approach to criminal acts of defamation in the field of ITE needs to be carried out to protect a person's dignity from acts of insult and the Government must make a legal basis such as a Law that further regulates Restorative Justice, so that its application is more optimal.
Pembunuhan Tidak Disengaja Ditinjau Dari Hukum Pidana Menurut Pasal 351 KUHP (Studi Kasus: Putusan No 1/Pid.B/2022/Pn Amb) Juniati Laora Garoma; Julianus Edwin Latupeirissa; Iqbal Taufik
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.v1i1.10896

Abstract

ABSTRACT: This research discusses the cases contained in the court decision No 1/Pid.B/2022/Pn Amb. Where Schwarcof Etus Kainama died with the perpetrator being Heron Doweeks Pattiwael who was sentenced to 4 (four) years in prison by the Ambon District Court Judge for being proven guilty of violating article 351 concerning severe maltreatment resulting in death. In this case, there was an element of unintentional found in the hostilities which the legal facts contained in the BAP, Eron was sentenced to 4 (four) years in prison for being proven against article 351 concerning severe maltreatment resulting in death. The research method used in studying and discussing this problem is normative juridical. The legal materials used are primary, secondary and tertiary legal materials. The results of the research on the elements of Article 351 of the Criminal Code in the decision No. 1/P.B/2022/Pn.Amb did not comply, this is because the decision did not find the element intentionally and accurately. Then the thing that became the basis for the Panel of Judges to sentence the perpetrators was the demands of the Public Prosecutor and by considering every piece of evidence in the dispute, the intentional intentional counter-attack can be interpreted as a form of overmacht or what is called the influence of coercive force.
Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Jen Merlin Tukly; Hadibah Zachra Wadjo; Iqbal Taufik
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.v1i1.10899

Abstract

ABSTRACT: Pasal 20 Undang-Undang Number 35 of 2014 explains that those who are obliged and responsible for implementing child protection are the state, government, regional government, community, family, and parents or guardians. For this reason, it is necessary to have child protection which is the business and activities of all levels of society in various positions and roles. The purpose of this research is to explain and discuss forms of legal protection for child victims of violence and their obstacles. The type of research used in this research is normative juridical. With a statutory, case and conceptual approach. The legal sources used are primary, secondary and tertiary. The results of the first study, legal protection for children who are victims of violence can be realized through the provision of restitution and compensation to victims, medical services, and also in the form of legal assistance. Legislative provisions governing the protection of children who are victims of violence are in the Criminal Code, UU number 23 of 2002 concerning child protection, UU Number 23 of 2004 concerning the Elimination of Domestic Violence. against children who are victims of violence occurs due to several factors, namely: (1) lack of human resources; (2) lack of budget by the government; (3) inadequate facilities; (4) victims who find it difficult to ask for information or information because victims still feel afraid, ashamed, and traumatized; (5) the victims' families or relatives did not provide sexual education from an early age and (6) the community did not want to testify in police or court examinations for fear of facing the law.
Tindak Pidana Penyadapan Dengan Modus Sniffing Junior Teng Lewier; Deassy Jacomina Anthoneta Hehanussa; Iqbal Taufik
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.v1i2.12032

Abstract

Sniffing is the illegal interception and capture of data while traveling over a network using certain tools. The research method used is normative juridical using a regulatory-legislative approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. The analysis of legal materials used is qualitative analysis. The results of the research show that: there are several obstacles in overcoming criminal acts of fraud using the sniffing mode, namely Article 28 paragraph (1) of the ITE Law can only be used in criminal acts of online fraud which are characterized by online buying and selling activities only, whereas in Article 378 of the Criminal Code can only be used to ensnare perpetrators of conventional fraud crimes. Apart from that, overcoming criminal acts of fraud using the sniffing mode can be carried out with a penal policy of forming new laws that regulate sniffing, and non-penal measures which can be carried out by improving the economy and education.
Pencegahan Kekerasan Fisik Terhadap Istri Oleh Suami (Studi Kasus Pada Polresta Pulau Ambon Dan Pulau-Pulau Lease) Stevano G Lekatompessy; Margie Gladies Sopacua; Iqbal Taufik
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.v1i2.12038

Abstract

Domestic violence, especially against wives, is a frequent legal action. The occurrence of several acts of domestic violence, especially against wives, can be said to be a victim. Related to violence against women is in the private or personal sphere, namely Relationships and Personal Domestic Violence at 79% (6,480 cases). Among others, there is violence against wives (KTI) with the first position of 3,221 cases (49%).Conclusion This study aims to examine and discuss the factors that cause husbands to commit physical violence against their wives, and also to examine and discuss efforts to prevent domestic violence so that husbands do not commit acts of physical violence against their wives. The research method used is empirical juridical with descriptive analytical type of research, legal data collection techniques, namely primary data and secondary data and analysis techniques using descriptive-qualitative. This analysis is a method of analyzing data that can be in the form of sentences or words that are carried out by analyzing, describing, interpreting, and presenting written or oral data based on its grouping, the purpose of which is to make the data more accurate.Victims; (2) Preventing domestic violence; (3) Submitting an application for a protection determination; and (4) Providing emergency assistance Factors causing husbands to act physically violent towards their wives include; (1) Domination Factors; (2) Psychological Factors; (3) Economic Factors; (4) Infidelity Factors, (5) Fatigue Factors; and (6) Environmental Factors. Efforts to prevent domestic violence so that husbands do not act physically violent to their wives include (1) Practicing religious teachings; (2) Communication; (3) Early education; (4) mediation; and (5) Legal Counseling or Socialization. In addition to the government, in the PKDRT Law there are also community obligations, where each individual who knows, hears.
Co-Authors Deassy Jacomina Anthoneta Hehanussa Hadibah Zachra Wadjo Jen Merlin Tukly Julianus Edwin Latupeirissa Juniati Laora Garoma Junior Teng Lewier Margie Gladies Sopacua Stevano G Lekatompessy Viona Juanne Huwae