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SANISA: Jurnal Kreativitas Mahasiswa Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 27762289     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
SANISA: Jurnal Kreativitas Mahasiswa Hukum merupakan media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. SANISA: Jurnal Kreativitas Mahasiswa Hukum mempublikasikan karya-karya kreativitas ilmiah di bidang ilmu hukum, diterbit dua kali setahun pada bulan April dan Oktober. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk menerbitkan hasil kreativitas dibidang penelitian atau ulasan artikel yang asli maupun Pengabdian Masyarakat. Jurnal ini menyediakan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk umum mendukung pertukaran pengetahuan global yang lebih besar. SANISA: Jurnal Kreativitas Mahasiswa Hukum tersedia dalam bentuk online. Bahasa yang digunakan dalam jurnal ini adalah bahasa Indonesia dan bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai permasalahan di bidang Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi, Hukum Lingkungan, Hukum Islam, Hukum Adat dan bagian lain yang terkait dengan isu kontemporer di bidang ilmu hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 41 Documents
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Pertanggung Jawaban Hukum Pelaku Trafficking In Person Berdasarkan Hukum Internasional Di Indonesia Gabrielle Valentia Putri Sahetapy; Efie Baadila; Josina Augustina Yvonne Wattimena
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Trafficking in persons is the act of recruiting, transporting, harboring, sending, transferring, or receiving a person by means of the threat of force, use of force, kidnapping, confinement, counterfeiting, fraud, abuse of power or a position of vulnerability, debt bondage or providing payments or benefits. , so as to obtain the consent of the person who has control over the other person, whether carried out within the country or between countries, for the purpose of exploitation or causing people to be exploited, which is a form of violation of Human Rights (HAM) which generally involves women and children. as a victim.Purposes of the Research:  This study aims to determine the regulation of trafficking in persons in international instruments and legal accountability for perpetrators of trafficking in persons based on international law.Methods of the Research: This research is a normative legal research using a law approach and a case approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research:  The results of the study indicate that the regulation regarding the prohibition of trafficking in persons according to international law is regulated in the 2000 Palermo Convention, especially in Protocol II and implemented by Indonesia with Law no. 21 of 2007. From the data obtained, trafficking in persons is still widespread and has increased, among others, pressure from economic factors, low education levels, falsification of victim's identity documents. The practice of trafficking in persons is a violation of universal human rights to live free from all forms of slavery. The standard of protection and fulfillment of the rights of victims of trafficking must prioritize human rights, prevention, protection and assistance to victims. Effective action to prevent and fight the phenomenon of human trafficking as a transnational crime, especially for women and children, requires a transnational cooperation relationship, especially a comprehensive one in the countries of origin, transit and destination countries.
Sistem Penunjang Keputusan Pemilihan Mahasiswa Berprestasi Menggunakan Metode Profile Matching Rika Sintia Kolatlena; Welly Angela Riry
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The development of information technology today requires fast and accurate information in its implementation. Selection of outstanding students with the support of a decision support system is one of the implementations of the development of information technology.Purposes of the Research: applying the Profile Matching method as a method to solve multi-criteria problems by making system designs and designing decision support software.Methods of the Research: The method used in writing this paper is literature study and observation. Types of data and primary data collection through interviews and secondary data through library research.Result of the Research: The results showed that uses the profile matching method on this decision support system produces an application for a decision support system for selecting outstanding students that can be used in higher education. The criteria used in the decision support system to select outstanding students are: the value of scientific work, extracurricular activities, English language skills and personality. The results of this study are to produce a ranking order of prospective outstanding students who have been selected, and the output of the application can assist decision makers in choosing alternative students who excel. The application in this research is implemented using visual basic programming language, and database using Microsoft Access 2007.
Pemanfaatan Fenomena The Bandwagon Effect Pada Generasi Muda Indonesia Kartika Djuna; Astuti Nur Fadillah
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Social media is one example of the development of the flow of information and technology today. Social media invites anyone to communicate. Teenagers as active social media users tend to have the habit of posting about their daily life activities. From the perspective of teenagers, they assume that the more active they are on social media, the more they will exist and not be out of date. But social media on the other hand also has a negative side. If social media users can't filter information well, sharing private activities will boomerang. The bandwagon effect is a phenomenon that arises from the rapid development of social media, this phenomenon describes a person who tends to follow a trend, ranging from lifestyle, behavior, how to dress, how to talk, or content on social media.Purposes of the Research: The purpose of this research is to analyze and discuss the use of the bandwagon effect phenomenon in Indonesia's young generation.Methods of the Research: The research method used is a secondary research type. The type of secondary research is the method in which information has been collected by the researcher. Newspapers, online communities, reports, audio-visual evidence, etc. included in the category of secondary data.Results of the Research: The younger generation as social media users are accustomed to expressing the desire to feel existent. Currently there are many types of social media that are always used by today's society, such as Facebook, Instagram, TikTok, and so on. Social media has a very big influence on social change in today's young Indonesian generation. One phenomenon that arises from the effects of using social media among the public is the bandwagon effect. Factors that can make someone behave Bandwagon Effect are group thinking, desire to be accepted in a group, and fear of being ostracized. The Bandwagon effect does have a negative effect, but keep in mind that a phenomenon that occurs in society always has positive and negative sides as well as the Bandwagon effect. This phenomenon can also be exploited from an economic point of view. The bandwagon effect can be used by the younger generation to grow the economy independently
Eksistensi Instrumen Hukum Lokal dalam menjamin hak-hak masyarakat adat dalam perspektif informal Justice System di Kep Kei Besar Gilbert Marc Baljanan; Lucia Charlota Octovina Tahamata; Saartje Sarah Alfons
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: Society is a group of people who are closely intertwined because of certain systems, certain traditions, and certain laws that are the same, and lead to the collective life of people with certain systems and certain traditions in Indonesia. it is a living alliance that is still original growing as a legal order that is cared for by its customary leaders: In a case settlement and law enforcement cannot be done only in a formal way but can also be done through informal channels. This informal path or commonly referred to as the informal justice system in which problems that occur in indigenous peoples are resolved according to custom and applicable rules where the informal case resolution process is carried out by prior examination by community officials and traditional leaders.Purposes of the Research:  To examine and find out the existence of local legal instruments in guaranteeing the rights of indigenous peoples in the perspective of the informal justice system in the Kei Besar Islands.Methods of the Research: The method used in writing this paper is literature study and observation. The main types of references used in the study of literature are books, journals and scientific articles. The data is used as a basis for analyzing and explaining the problem in a discussion. The analysis technique is descriptive argumentative. Meanwhile, observations and interviews were conducted with civil law lawyers at Pattimura University.Results of the Research: Local Legal Instruments located in Kep. Kei Besar, in order to create an acknowledgment, must be written and its credibility recognized by positive laws regulated in Indonesia. In addition, the Informal Justice System has proven to be effectively able to answer various kinds of customary issues, such as in Pakraman Village, Bali. Our local legal instruments must also contain procedures for resolving disputes by a customary court. It is important that the Indigenous Law Community Bill must be ratified immediately in order to acknowledge and create credibility rather than the existence of the Indigenous Law Community itself
Perspektif sobural terhadap tindakan pornografi yang dilakukan anak di media sosial Olivia Womtiseli Naomi Marantika; Sherly Adam; Yonna Beatrix Salamor
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 2, No 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This article discusses the soburural perspective on the acts of pornography committed by children on social media.Whether we realize it or not that most social media has spectacles or pages that are not worth watching by children such as pornography and this will dilute social and religious values. The presence of the internet is often seen as a medium that has an influence on the values adopted by society so that it results in disorganization. This kind of social condition turned out to be also supported by the formation of a layer of power in the mastery of internet technology so that gradually a condition of society that did not obey the rules was formed. Sobural theory that actually brings an understanding of the problem of criminal acts of pornography through the internet is not directed at the formation of a new culture through the attitude of abandoning old cultural values and accepting new cultural values, or adaptation to new cultural valuesPurposes of the Research:  This article aims to analyze the sobural perspective on pornographic acts committed by children on social media and the impacts arising from pornographic acts committed by children on social media. discusses criminal law enforcement against the development of IT (internet) and gadgets that allow the transfer and transmission of pornographic material quickly and directly accessible to childrenMethods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the sobural perspective on pornographic acts committed by children on social media was not in accordance with social, cultural and structural values. As well as the impact of pornographic acts committed by children on social media are addiction, damage to the brain, decreased intellectual level, the desire to try and imitate, start doing pornographic actsgrfi.
Parallel Investigation As An Effective Step In Handling Cases Of Money Laundering Crimes Arising From Forestry And Environmental Crimes Paklioy, Ronny Putra Dirgantara; Sopacua, Margie Gladies
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1544

Abstract

Introduction: Parallel Investigation, is a concept in the enforcement of money laundering or money laundering, in Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering or hereinafter referred to as the Anti-Money Laundering Law Article 74 stipulates that "The ML investigation is carried out by investigators predicate offense in accordance with the provisions of the procedural law and the provisions of laws and regulations, unless otherwise provided for by this law”. Money laundering is a further crime from the predicate crime, one of the predicate crimes that has a high risk of money laundering is forestry and environmental crimes, the provisions of the Anti-Money Laundering Law article 74 and the issuance of the Constitutional Court decision Number 15/PUU-XIX/2021, which applies the principle of parallel investigation in money laundering originating from forestry and environmental crimes.Purposes of the Research: The purpose of this study is to find out the effectiveness of using the principle of parallel investigation in handling money laundering offenses originating from forestry and environmental crimes.Results of the Research: The results of the study show that Parallel Investigation is an effective step in handling money laundering offenses arising from forestry and environmental crimes because Parallel investigation is a concept where investigators of predicate crimes, namely PPNS, can handle money laundering offenses investigations if there are findings in the investigation of predicate crimes, which will reduce the total costs. and it will not take a long time because there is no longer a need for a new investigation by combining ML investigations and forestry and environmental crimes into a single investigation process.
Penyelesaian Sengketa Inggris – Iran Terkait Hak Lintas Damai Kapal Stena Impero Tetelepta, Joel; Tahamata, Lucia Charlota Octovina; Daties, Dyah Ridhul Airin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1543

Abstract

Introduction: Since World War II the Law of the Sea has undergone many changes along with the times. The United Conference on Trade Development says almost more than 77 percent of international trade is transported by sea. As part of the sea, the strait plays an important role for international trade, one of which is the Strait of Hormuz.Purposes of the Research: To study or analyze how UNCLOS 1982 regulates the Right of Peaceful Passage and examines how the form of settlement of the Stena Impero vessel detention dispute.Methods of the Research: The research method used is normative juridical research, the type of research is analytical descriptive. The sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used in this research is through library research. Analysis of legal materials is descriptive qualitative.Results of the Research: The research results conclude that the right of innocent passage has been regulated in UNCLOS 1982 Part III concerning Innocent Passage, article 45 paragraphs 1 and 2. Foreign ships that use the right of innocent passage in the territorial sea or waters of a coastal state must follow the regulations in force in that country and, in general, the mechanism of international law in resolving international disputes can be pursued through two channels, namely litigation and non-litigation. In particular, for the settlement of the Stena Impero ship dispute between Britain and Iran, the efforts that can be taken are through litigation, namely through the international court for the law of the sea (Internasional Tribunal for the Law on the Sea)
Physical Violence Against Children During the Covid-19 Pandemic Katayane, Carlo Jean; Titahelu, Juanrico Alfaromona Sumarezs
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1542

Abstract

Introduction: Children are a vulnerable group that needs to be protected from all acts of crime and violence in accordance with statutory provisions so that their rights are fulfilled, especially during the pandemic. The Covid-19 pandemic also has an impact on acts of violence against children. During the Covid-19 pandemic, there were many acts of violence against children, as obtained from the Women and Children Protection Unit (PPA) of the Ambon Island and Lease Islands City Police, there was an increase in cases of physical violence against children, namely in 2020 there were 5 cases of reports that entered the PPA Polresta then in 2021 it increased to 10 cases against children in the form of physical violence.Purposes of the Research: The research method used is normative research, statutory approach, primary and secondary legal materials and material collection procedures using literature studies.Results of the Research: Factors causing physical violence in children during the Covid-19 pandemic include (1) Environmental factors, where the lack of control functions from the family causes children to mingle incorrectly so that it can result in things that are negative to the child; (2) Age factors, where the age of the child is also very important because many children who are not mature enough according to the statutory category do not understand well about violence and (3) Family factors where children lack attention from both parents so it is very easy for children to seek attention in ways such as committing violence against their fellow friends.
Kompensasi Terhadaap Anak Sebagai Korban Tindak Pidana Perkosaan Larwuy, Weny Yorinike; Adam, Sherly; Salamor, Yonna Beatrix
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1541

Abstract

Introduction:Protection for victims of criminal acts can be interpreted as protection to obtain guarantees or legal compensation for the suffering or losses of victims of criminal acts so that they are paid more attention to by the State, one of which is the victims of rape crimes because victims are entitled to compensation provided by the State.Purposes of the Research:This study aims to review and discuss the Mechanism for Providing Compensation to children victims of the Rape Crime and the reasons for the judge so that in his decision compensation for children is handed over to the State treasury.Methods of the Research:The type of research used in this writing is nomative juridical. The problem approach used is the Statutory approach, the conceptual approach and the case approach. Legal materials used primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by means of literature studies. The management and analysis of materials is analyzed qualitatively.Results of the Research:Based on the results of the study, the compensation mechanism is regulated in Government Regulation No. 44 of 2008 concerning the Provision of Compensation, Restitution, and Legal Assistance to Witnesses and Victims. Compensation must be filed prior to a court decision that does not yet have permanent legal force. The Witness and Victim Protection Agency (LPSK) may apply for compensation to the public prosecutor to be included in criminal prosecutions because the compensation application must be submitted by the victim or the victim's family or their attorneys through the Witness and Victim Protection Agency (LPSK). The judge in his ruling so that the compensation of the child as a victim of the crime of rape is handed over to the State treasury because the child as a victim of a criminal act does not apply for compensation through the Witness and Victim Protection Agency to the Public Prosecutor and proceed to the Court so that in the judgment the rights of the child victim of the rape crime is handed over to the treasury.
Penerapan Sanksi Pidana Terhadap Anggota Polri Yang Melakukan Penyalahgunaan Senjata Api Manuhutu, Philicia; Alfons, Saartje Sarah; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i1.1540

Abstract

Introduction: Normatively, Indonesia is actually a country that is quite strict in implementing the rules of gun ownership for civilians. There are a number of legal bases that regulate this, starting from the level of the Law, namely Emergency Law Number 12 of 1951, Law Number 8 of 1948 and PERPU Number 20 of 1960. The rest are regulations issued by the Police such as the Chief of Police Decree No. Skep/244/II/1999 and Chief of Police Decree No. 82 of 2004 concerning the Implementation of Supervision and Control of Non-Organic Weapons. In fact, the use of firearms must be very sensitive and selective, not in every condition of handling crimes the police must show, point and even pop their firearms. In Perkap 01 of 2009 concerning the purpose of the use of force in police actions Article 2 states: The purpose of the use of force in police actions is: prevent, inhibit, or stop the actions of criminals or suspects who are attempting or carrying out actions that are against the law; prevent criminals or suspects from escaping or taking actions that endanger members of the Police or the public; protect themselves or the public from the threat of acts or actions of criminals or suspects that can cause severe or deadly injuries; or protect the honor of decency or property of oneself or the community from attacks that are against rights and / or threaten human life. Various cases of shooting or misuse of firearms by members of the police have resulted in the public becoming victims.Purposes of the Research: This article aims to analyze and discuss law enforcement for members of the National Police in the misuse of firearms and analyze and discuss the application of criminal sanctions against members of the National Police who misuse firearms.Methods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that in law enforcement against unscrupulous members of the National Police through the application of criminal sanctions in the misuse of firearms through efforts to overcome the misuse of firearms by members of the National Police are grouped into 2 groups, namely repressively and preventively. Repressively, against members of the Police who misuse firearms will be subject to action in the form of disciplinary sanctions and / or criminal sanctions as stipulated in the Criminal Code. Preventive efforts are carried out by tightening psychological tests and mental tests for the right to hold firearms, not allowing members with personal, family or official problems to borrow firearms, and retesting the right to hold firearms for Polri members who hold firearms. The application of criminal sanctions against unscrupulous members of the National Police who misuse firearms resulting in the death of members of the public based on the laws and regulations applicable to unscrupulous members of the National Police is legally processed through a trial process in court and based on the juridical and non-juridical legal considerations of the Judge so that the judge decided that the defendant Markus Manuhutu alias Max alias Maku was legally and convincingly proven guilty of committing a criminal act due to his negligence resulting in the death of another person in accordance with Article 359 of the Criminal Code and imposed a prison sentence on the defendant with a prison sentence of 2 (two) years and 6 (six) months.

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