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All Journal Gema Wiralodra SANISA: Jurnal Kreativitas Mahasiswa Hukum Journal Of Human And Education (JAHE) Bacarita Law Journal Innovative: Journal Of Social Science Research Jurnal Hukum dan Keadilan Journal of Adat Recht Journal of Strafvodering Indonesian Matakao Corruption Law Review KANJOLI Business Law Review Ipso Jure
Salmon, Harly Clifford Jonas
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Humanities Chemistry Computer Science & IT Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Penegakan Hukum Terhadap Kejahatan Penyebaran Konten Porno Balas Dendam (Revenge Porn) Salmon, Harly Clifford Jonas
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.10780

Abstract

The dissemination of pornography is regulated by the pornography law, and the offense of decency is regulated in the Criminal Code. Articles 281, 282, 283, 532, and 533 of the Criminal Code prohibit pornography and pornographic acts and provide punishment. The Law Number 19 of 2016 specifically regulates decency in the electronic field, amending the Law Number 11 of 2008 concerning Electronic Information and Transactions. Komnas Perempuan reported an increase in gender-based violence on the internet, specifically revenge porn, with cases increasing from 126 in 2019 to 510 in 2020. Law enforcement efforts against perpetrators of revenge pornographic content on social media include preventive and repressive measures.
Penggelapan Dana nasabah sebagai bentuk Tindak Pidana Korupsi di Indonesia Salmon, Harly Clifford Jonas; Baljanan, Gilbert Marc
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 4 No. 1 (2024): Volume 4, Nomor 1, April 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i1.2172

Abstract

Introduction: Embezzlement of customer funds is a form of criminal act of corruption that harms many parties, including customers who lose their money, financial institutions whose reputation is damaged, and the public who have lost confidence in the financial system. Effective prevention and law enforcement efforts are needed to eradicate this practice.Purposes of the Research:  This study aims to describe and analyze the phenomenon of embezzlement of customer funds as a form of corruption in Indonesia. Embezzlement of customer funds is a crime that harms society and affects trust in financial institutions.Methods of the Research: The research method used is literature study which involves analysis of literature, reports, court cases, and laws related to corruption and finance in Indonesia. The data collected is analyzed qualitatively to provide an in-depth understanding of embezzlement of customer funds.Results of the Research: The research results show that embezzlement of customer funds occurs through various fraudulent schemes carried out by parties who have access to customer funds, such as bank employees, investment managers, or stockbrokers. These actions often involve the use of illegally obtained customer information or abuse of authority. Several factors influence the embezzlement of customer funds in Indonesia, including weak internal and external control systems, low integrity of individuals involved in the financial industry, and lack of adequate policies and regulations. Therefore, improvements are needed in financial governance, increased supervision, employee training, and strict law enforcement to prevent and take action against perpetrators of embezzlement of customer funds. The conclusion of this study is that embezzlement of customer funds is a criminal act of corruption that needs serious attention from the government, financial institutions and the public. With the right steps, such as strengthening regulations and increasing awareness of the risk of embezzlement of funds, it is expected to reduce incidents of embezzlement of customer funds and maintain public confidence in the financial system in Indonesia
Legal Aid In Handling Cases Of Sexual Violence Against Children In Indonesia Khulaili, Rabith Madah; Firmansyah, Firmansyah; Sari, Ade Risna; Widodo, Hadi; Salmon, Harly Clifford Jonas; Tinambunan, Hezron Sabar Rotua
Journal Of Human And Education (JAHE) Vol. 5 No. 1 (2025): Journal of Human And Education (JAHE)
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jh.v5i1.2129

Abstract

This community service was carried out for ten days in each village, including Kanci Kulon Village, Cirebon, Rejomulyo Metro Village, and Sabiyan Village, Bangkalan, Madura. The result in this article show the devotee has a formulation or summary in overcoming the problem of sexual violence against children that occurs in the village in stages, namely observing first whether the case that occurs is included in the category of sexual violence and is included in the category of sexual violence at what level, if it is true regardless of the level, it should be immediately reported to the village apparatus or other community leaders in order to get a solution immediately, the next stage is that both parents or guardians are called, and if no solution is found, the last solution is to report to the police. The author places reporting to the police at the last stage because the author understands that the legal solution is the ultimum remidium or the last weapon if other methods of resolution are no longer available. This stage is also intended to avoid unilateral mass judges
Sexual Harassment Crime In Digital Space: Legal Challenges And Solutions Roz, Ika Dwimaya; Saimima, Judy Marria; Salmon, Harly Clifford Jonas; Wadjo, H.Z.; Fitrian, Achmad
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2afmb07

Abstract

In the context of rapid technological development, digital space presents significant challenges in law enforcement, especially in relation to the crime of sexual violence. Law No. 12 of 2022 on Criminal Acts of Sexual Violence provides a firm legal framework to address the problem, but is still faced with various obstacles, such as the complexity of the vast digital space, difficult identification of perpetrators, and lack of public legal awareness. Collaboration between the government, legal institutions, the technology sector, and the community is key to strengthening the prevention and handling of sexual violence cases in the digital space. Advanced forensic technology and training of skilled human resources are needed to support effective law enforcement. In addition, the integration of legal education and digital literacy programs can strengthen public understanding of the legal rights of victims and collective responsibility in maintaining digital security. This collective effort is expected to create a safe and inclusive ecosystem, and ensure better access to justice for all victims of sexual violence in the digital space.
Critical Analysis of Customary Law and Community Welfare Saimima, Judy Marria; Wadjo, Hadibah Zachra; Salmon, Harly Clifford Jonas
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b2vetj66

Abstract

This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.          
Kata Dapat Merugikan Keuangan Negara Dalam Undang-Undang Tindak Pidana Korupsi dan Undang-Undang Perbendaharaan Negara Salmon, Harly Clifford Jonas
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9042

Abstract

Introduction: The element of State Financial Loss in the Corruption Law as a formal offence where to prove the state financial loss whether the state lost or not, is not important but more emphasis on the potential financial loss of the state and the State Treasury Law as a material offence which emphasizes that the state financial loss must be proven and calculated. Purposes of the Research: Analysing the Elements of State Financial Loss in the Corruption Law and the State Treasury Law. Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this research is through literature study, namely by searching legal materials by reading, seeing, listening, or now it is mainly done by searching via the internet. The data will be analyzed using quantitative data analysis techniques in a quantitative approach. Quantitative related to the relationship of variables is analyzed using an objective theory, then described to solve the main problem in this study. Results of the Research: the conclusions can be drawn as follows: The element "may harm state finances or the state economy" is a potential loss of state finances or the state economy, not only because the act is "detrimental to state finances or the state economy in real terms", but only "may" cause losses as a possibility or potential loss. The word "may" before the phrase "harming state finances or the state economy" indicates that the criminal offence of corruption is a formal offence, that is, the existence of a criminal offence of corruption is sufficient with the fulfilment of the elements of the formulated act, not with the occurrence of the consequences. With the formulation of the criminal offence of corruption as contained in Article 2 paragraph (1) and Article 3 of Law Number 31 Year 1999 as amended by Law Number 20 Year 2001 as a formal offence, the existence of losses to the state or the state economy does not have to have occurred, because what is meant by a formal offence is an offence that is considered to have been completed by the commission of an act prohibited and threatened with punishment by law. With the formulation of the criminal offence of corruption as a formal offence, the existence of state financial losses or losses to the state economy does not have to have occurred, because a formal offence is an offence that is considered to have been completed by the commission of a prohibited act and is threatened with punishment by law.
Tindak Pidana Korupsi dan Alokasi Dana Desa Salmon, Harly Clifford Jonas; Saimima, Judy Marria
MATAKAO Corruption Law Review Vol 1 No 2 (2023): November 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i2.11130

Abstract

Introduction: The village funds that are managed are expected to realize the welfare of the village community. Community welfare can make a country strong and can compete with other countries. To be able to meet the needs of a quality life, it can be seen from how welfare is. Therefore, welfare is the main value that is always pursued so that humans can realize it. One important factor in realizing welfare is the existence of village funds. Efforts to increase awareness of village officials on the management of state finances, in this case the management of village funds for village officials, require counseling on the allocation of village funds and criminal acts of corruption. The low level of understanding and awareness of the law can be caused by the lack of socialization and supervision, this can be seen from the high level of corruption that occurs in Indonesia, especially in rural villages in Indonesia including Maluku, the lack of community access to knowledge of village financial management certainly causes miss management in village financial management. Purposes of the Research: Analyzing Corruption in Village Fund Allocation. Methods of the Research: The research method used is normative juridical, with a statutory approach and a conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. Results of the Research: The management of village funds in Indonesia, including in the Maluku region, should aim to improve the welfare of village communities. However, unfortunately, there are several obstacles that hinder the achievement of this goal. Low levels of legal understanding and awareness among village officials and village financial management tools contribute to this problem. Therefore, to overcome this problem, serious efforts are needed to improve understanding and legal awareness related to village fund management. This includes counseling on the allocation of village funds and the impact of corruption crimes. Better education and training should be provided to village officials and staff involved in village financial management. Only in this way can we reduce the level of corruption that harms village communities and the country as a whole.
Eksistensi Kewenangan Komisi Pemberantasan Korupsi Terhadap Eksekusi Putusan Tindak Pidana Korupsi Berdasarkan Ketentuan Hukum Yang Berlaku Salmon, Harly Clifford Jonas; Purwanto, Astrid Hilarry; Lyshandra, Angelia Hilarry
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13161

Abstract

Introduction: Corruption is like a disease that arises one after another that can bring destruction to economic, political, socio-cultural, and state security aspects. Purposes of the Research: Analyze the KPK's authority to execute corruption verdicts based on applicable legal provisions. Methods of the Research: The research method used in this paper is normative legal research or library legal research, and a statutory approach and conceptual approach. The sources of legal materials used are primary and secondary legal materials. The technique of collecting legal materials is through literature study, namely by searching for legal materials by reading, seeing and listening and searching the internet, then the data will be analyzed using objective theories related to the relationship between variables which are then described to solve the problem which is the purpose of this research. Results of the Research: Prior to the amendment of the law on KPK, the authority and duties of the institution were regulated in Article 6 letter c of Law No. 30 of 2002 on KPK. Then based on Article 50 of Law Number 48 of 2009 concerning Judicial Power Jo Article 1 paragraph 1. Article 8 paragraph 1 and Article of Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia Jo Article 270 of the Criminal Procedure Code, it is explained that the executor is the authority of the prosecutor under the Supreme Court, both in general cases and special criminal cases. It is also stated that if the KPK exercises the authority to execute the corruption court decision, then the KPK has exceeded the limits of its authority so that the execution violates the principle of legality or is invalid and null and void. Juridically, the Attorney General's Office is the only institution authorized by law to execute court decisions that have permanent legal force.
Perlindungan Konsumen dan Tanggung Jawab Perusahaan Ekspedisi terhadap Kasus Kerugian Barang dalam Pengiriman Salmon, Harly Clifford Jonas
KANJOLI Business Law Review Vol 2 No 1 (2024): Juni 2024 KANJOLI Business Law Review
Publisher : Pusat Kajian Hukum Bisnis Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/kanjoli.v2i1.12998

Abstract

This study discusses the responsibility of expedition companies towards lost consumer goods using a normative juridical research method. The results of the study indicate that regulations related to the shipment of goods by business actors are governed by several laws and ministerial decisions. However, there is often a gap between expedition practices and legal provisions, which leads consumers to feel dissatisfied or disadvantaged. Adequate consumer protection becomes crucial, and there is a need for revisions to the Consumer Protection Law to accommodate the interests of all parties involved. Dispute resolution between consumers and business actors can be carried out through non-litigation channels, such as the Consumer Dispute Settlement Body (BPSK), or through litigation channels. In cases of lost goods caused by expedition companies, these companies are fully responsible in accordance with the principle of liability for negligence. Therefore, expedition companies are obliged to compensate consumers for both material and non-material losses incurred.
Impact of the Elimination of Defamation and Fake News Articles in the Criminal Code on Press Freedom and Government Accountability Flora, Heny Saida; Salmon, Harly Clifford Jonas
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.456

Abstract

This research explores the impact of the elimination of defamation and fake news articles in the revised Indonesian Criminal Code (KUHP) on press freedom and government accountability. The study employs a qualitative descriptive approach to examine the perspectives of journalists, government officials, and civil society activists concerning how legal reform influences the dynamics between media and the state. Data were collected through in-depth interviews, document analysis, and non-participatory observation, then analyzed using Miles and Huberman's interactive model, consisting of data reduction, data display, and conclusion drawing. The findings reveal that the removal of defamation and fake news articles has expanded press freedom and reduced the risk of criminalization against journalists in Indonesia. It signifies a progressive step toward strengthening democratic governance and legal protection of human rights, particularly the right to express and access information. However, the reform also presents new ethical challenges, as the absence of penal provisions may increase the spread of misinformation if not accompanied by strong media ethics and accountability mechanisms. In conclusion, the legal reform marks a significant transition from a restrictive legal culture to one that promotes freedom with responsibility. The study recommends the enhancement of journalistic ethics training, public media literacy, and stronger institutional collaboration between the Press Council, government, and civil society to sustain a balanced and accountable media ecosystem.
Co-Authors Adam, Sherly Arief Fahmi Lubis Baljanan, Gilbert Marc Firmansyah Firmansyah Fitrian, Achmad Flora, Heny Saida Frans Reumi, Frans Hasan Basri Henny Saida Flora Khulaili, Rabith Madah Lyshandra, Angelia Hilarry Muhammadong Nugraha, Muhammad Valiant Arsi Purwanto, Astrid Hilarry Putra, Irman Roz, Ika Dwimaya Saimima, Judy Marria Saimma, Judy Marria Saptaning Ruju Paminto Sari, Ade Risna Steven Makaruku Tinambunan, Hezron Sabar Rotua Wadjo, H.Z. Wadjo, Hadibah Zachra Widodo, Hadi