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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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Pemberian Bantuan Hukum Terhadap Tersangka Tindak Pidana Pelecehan Seksual Di Polsek Aru Tengah Leinussa, Joses Sandhy; Toule, Elsa Rina Maya; Patty, Jetty Martje
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.v3i1.1602

Abstract

Introduction: Legal Aid in the criminal justice system plays a very important role in ensuring a fair and humane judicial process. Providing legal assistance in the form of legal advisory assistance for suspects in the investigation process is a means of supporting law enforcement in general.Purposes of the Research: The research used is a type of empirical juridical research, or what is called field research, namely studying the applicable legal provisions and what is happening in reality in society.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Resulth/Findings/ Novelthy of the research: The results of the study show that what the author can take from the suspect to obtain legal assistance at the investigation level as regulated in Article 56 paragraph (1) of the Criminal Procedure Code as a legal obligation has not been optimally realized by the Central Aru Police investigators, this can be seen in the examination process at the investigation level. , and obstacles in providing legal assistance to suspects in cases of criminal acts of sexual harassment at the Central Aru Police Sector, namely the absence of clear implementation mechanisms and rules governing the willingness of legal advisors to be appointed as legal counsel for suspects or defendants as regulated in Article 56 paragraph (1) KUHAP.
Penegakan Hukum Terhadap Praktik Pungutan Liar (Pungli) Dalam Penerbitan Kendaraan Bermotor Litiloly, Haidin Ali Hamzah; Supusepa, Reimon
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.v4i1.2175

Abstract

Introduction: Illegal levies (extortion) is an illegal practice in which officers collect money or other rewards illegally or violate the rules for an interest. This shows that extortion is a detrimental crime and must be eradicated to maintain justice and public trust. The aim of this research is to analyze and discuss law enforcement against police or traffic officers who practice illegal levies and analyze and discuss the obstacles to the practice of illegal levies.PurposesoftheResearch:  The aim of this research is to analyze and discuss law enforcement against police or traffic officers who practice illegal levies and to analyze and discuss the obstacles to the practice of illegal levies.Methods of the Research: Research method with normative juridical research type. The problem approach used is a statutory approach, a conceptual analysis approach. Legal materials consist of primary, secondary and tertiary. Techniques for collecting legal materials through library research and qualitative analysis of legal materials.Results of the Research: The results of the research show that law enforcement against individual traffic police officers who practice illegal levies is still difficult to realize, this is because there are many obstacles encountered in the law enforcement process. Starting from the difficulty of proving the practice of illegal levies, the existence of witnesses and statements from victims of extortion, there is no law that regulates it explicitly. The results of further research are the obstacles in the practice of illegal levies, namely: The absence of a law that specifically regulates illegal levies, lack of community participation in reporting illegal levies, proof in the field which is very difficult, inadequate facilities and infrastructure, and lack of support. there are criminal sanctions imposed on the perpetrator.
Pengakuan Terhadap Wilayah Baru Akibat Akresi Menurut Hukum Internasional Waas, Armelia Febriyanty; Aksa, Lanang Dwi
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.v4i1.2174

Abstract

Introduction: In general, the territory of a country already existed when the country was born, because territory is one of the mandatory requirements for an entity to be called a country. However, in acquiring a territory, not all countries obtain the same route, there are several ways of obtaining a territory based on International Law. One of them is addition (accretion).Purposes of the Research:  This research aims to describe and analyze claims regarding the phenomenon of the emergence of new areas due to natural accretion according to international law.Methods of the Research: The research method used in this writing is a normative legal research method, including research on legal principles, research on legal systematics, and international rules regarding claims to new territories that have emerged as a result of accretion. The data collected was analyzed qualitatively to provide an in-depth understanding of Recognition in international law and provide insight into a State's claim to a new territory due to natural accretion which prioritizes international rules regarding the conditions for claiming a new territory based on territorial boundaries. a State relating to State sovereignty.Results of the Research: The research results show that confession is a method of accepting factual situations which are then followed by legal consequences. The effect of granting recognition to the country that is given recognition is that it makes it easier for that country to carry out international transactions in the future. So, if another country has given recognition to the new country, this statement will automatically show that the new country has the same legal rights and obligations in international law. Apart from that, recognition is the acceptance of another country as a legal subject for another country to have the capacity and act as a legal subject. Recognition of new territory as a result of accretion must also be reviewed based on international law, which applies rules regarding the application of the boundaries of a country's territory to be able to claim the new territory.
Penyelesaian Tindak pidana Ringan melalui Restorative Justice Conferencing Initiative Noya, Ekberth Vallen; Walakutty, Ade
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.v4i1.2164

Abstract

Introduction: Indonesia is a country that upholds the law, so Indonesia is called a country of law. This is clearly stated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, the formulation of which is "The State of Indonesia is a state of law". Legal/legitimate law. Therefore, everything in Indonesia is regulated by law, one of which is criminal law. Criminal law is the law that regulates violations and crimes against the public interest, actions which are threatened with punishment if someone suffers or sends a message.Purposes of the Research: To carry out a law reform to become a better IndonesiaMethods of the Research: This type of research is normative, namely doctrinal legal research or theoretical legal research. It is called normative legal research because what is studied is law from a theoretical or normative aspect, not to examine the applied or implementation aspects. The approach used is philosophical.Results of the Research: Restorative Conferencing Initiatives are not new in Indonesia. Long before this country became independent, indigenous community groups had resolved legal problems using Restorative Conferencing Initiatives. It's just that in order to name it according to developments in the legal world, we are familiar with the term Restorative Conferencing Initiatives. The resolution process varies, according to the prevailing habits and social system in that community group. The implementation of the restorative conference initiative in Indonesia has started at the family level of indigenous groups and other social environments. The position of the restorative conference initiative is at the pre-adjudication stage and involves victims of perpetrators and parties who feel disadvantaged in an indigenous community group. The important role of families and community leaders is needed in this resolution process. 
Yurisdiksi Dewan Hak Asasi Manusia Dan Intervensi Honor Killing Mesfer, Salshabilla Alaida; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
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.v4i1.2173

Abstract

Introduction: Honor Killing is a murder committed to protect family honor. One case of honor killing occurred in Afghanistan in June 2022, where a family member committed an honor killing on two children who had just gone shopping and were returning home. Even though Afghanistan has made various efforts to protect women's human rights, violations of women's rights still occur.Purposes of the Research: To study and find out about the Jurisdictional Arrangements of the Human Rights Council based on International Law and to study and find out whether the Human Rights Council can intervene in acts of Honor Killing in a country.Methods of the Research :This research method is normative juridical where research is carried out by collecting primary, secondary and tertiary data obtained using library research. The data that has been collected is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the issues to be discussed.Results of the Research: The results of this research show that the jurisdictional arrangements of the Human Rights Council based on international law were established as a body under the United Nations (UN) in 2006, through UN General Assembly resolution 60/251. Regulations regarding the Human Rights Council are contained in the UN Charter, which gives the Human Rights Council a mandate to promote and protect human rights throughout the world. In addition, the basic rules and procedures of the Human Rights Council are regulated by the UN Charter, various international human rights instruments, as well as relevant resolutions and decisions of the UN General Assembly. The Human Rights Council has the authority to monitor the implementation of human rights in its member countries, provide recommendations, and investigate human rights violations. The UN Human Rights Council does not have direct authority to carry out physical intervention or law enforcement in certain countries. However, intervention in specific cases such as honor killings depends on a number of factors, including the policy and authority of the board. Direct intervention in cases of individual crimes, including honor killings, falls under the authority of member states and national legal institutions. The Human Rights Council can encourage countries to take firm action in dealing with human rights violations such as "honor killings" by strengthening the legal system and protection of women.
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
Penganiyaan Terhadap Anak Pasca Sekolah Offline Pada Masa Pandemi Covid 19 Soehadi, Virley Kezia; Sopacua, Margie Gladies; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1679

Abstract

Introduction: The Indonesian government has issued a number of policies to support criminal law enforcement during the Covid-19 pandemic. Children are entrusted by God Almighty who must be guarded and protected as the next generation of the nation and State. Children's rights must also be fulfilled and protected from violence and all forms of discrimination and treatment that are contrary to the general principles of child protection. As for the events that occurred after the Covid 19 pandemic, namely children committing violence against fellow students where the chronology of events was on Monday, October 10, 2022 at around 15.00 WIT, located in front of the Ambon Muhamadiah school in Talake, where the perpetrator FF stopped the victim when he returned home from school and beat the victim using his right and left hands repeatedly on the victim's face and kicked the victim from behind hitting the victim's spine. RS saw the beating and immediately ran towards the victim and also beat the victim using his right fist and left fist towards the back of the victim's head.Purposes of the Research: This study uses normative legal research methods. Peter Mahmud Marzuki, argues that normative legal research which is another name for doctrinal legal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materialsResults of the Research: The reasons why children commit violence in the form of maltreatment during the post-pandemic covid 19 online school include; 1) Internal Factors which are divided into; a) the child's own factors where the child has a bad character; b) parental or family factors where the child grows and develops with violence from both parents; c) poverty factors where a person is unable to meet his own needs according to the standard of living; and d) the presence of unwanted children, namely parents who do not anticipate pregnancy so they will do everything in their power to get rid of the child, then 2) External factors consisting of; a) outer circle factors where this factor talks about a bad environment that causes children to commit violence against other children in the form of maltreatment; b) social media where users can easily participate, communicate, share, and create different content without space and time restrictions; and c) cultural factors where they still think that the status of children is underestimated and must be punished if they do not conform to parental expectations.
Kajian Aspek Pidana Kepemilikan Kartu Tanda Penduduk (KTP) Indonesia Secara Ilegal Oleh Warga Negara Asing Mardiah, Ainun; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1893

Abstract

Introduction: Illegal possession of Indonesian identity cards (KTP) by foreign nationals (WNA) is still a problem that often occurs in the community. The requirement for a foreigner to have an Indonesian KTP is legally regulated in Law Number 24 of 2013 concerning amendments to Law Number 23 of 2006 concerning population administration. So whether the ownership of Indonesian KTP by foreigners has fulfilled the requirements of the provisions stipulated in the law.Purposes of the Research:  The purpose of the study is to examine the criminal aspects of illegal ownership of Indonesian KTPs by foreigners and discuss the legal consequences. Methods of the Research: The method used in this study is normative juridical with a statutory approach, a concept approach, and a case approach. Legal material collection techniques use literature studies and legal material processing and analysis techniques using qualitative methods.Results of the Research: The results of the study show that the criminal aspects of illegal ownership of KTP by foreigners include the criminal act of forgery which in this case the ownership is invalid or inkrah because it does not meet the requirements for ownership of an Indonesian KTP that has been regulated in Indonesian laws and regulations.In the case of having an ID card illegally so that it causes the ID card to be a fake letter, the act of forgery has its own responsibility for the criminal acts that have been committed by the perpetrator.The legal consequences of illegal possession of Indonesian KTPs by foreigners can be processed legally and subject to article 263 of the Criminal Code because the ownership of the KTP is not found in accordance with article 63 of the Population Administration Law so that the KTP is fake or legally invalid. When making an ID card, the perpetrator involves civil servants, population and civil registration and bribes to issue the ID card so that based on article 55 paragraph (1) of the Criminal Code, the perpetrator can be subject to article 5 paragraph (1) of the Criminal Law to be held accountable for criminal acts that have been committed by the perpetrators
Analisis Yuridis Penegakan Hukum Terhadap Warga Negara Asing Sebagai Pelaku Tindak Pidana Keimigrasian Taekedangan, Fahrul Resa; Wattimena, Josina Augustina Yvonne; Supusepa, Reimon
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1892

Abstract

Introduction: Immigration as stated in Chapter 1 Article 1 number (1) of Law Number 6 of 2011 concerning Immigration is a matter regarding the movement of people entering or leaving the territory of the Republic of Indonesia and the supervision of foreigners in the territory of the Republic of Indonesia. The arrival of foreign nationals can actually have a positive impact, as in this era of globalization it can help develop tourism levels and develop economic investment in various regions. However, many people do not know that crimes often occur when foreign nationals come to Indonesia, for this reason the problem studied in this paper is how to overcome immigration crimes committed by foreign nationals.Results of the Research: Efforts to overcome immigration crimes committed by foreign citizens by means of prevention and deterrence. Prevention is a temporary prohibition on certain people leaving the territory of Indonesia for certain reasons. Meanwhile, deterrence is a temporary prohibition on certain people from entering Indonesian territory based on certain reasons. The implementation of prevention and deterrence is the authority of the Ministry of Law and Human Rights issued through the Directorate General of Immigration. There is a need for the government and law enforcement officials to play a role in preventing and dealing with immigration crimes committed by foreign citizens.
Keabsahan Perjanjian Lisan Dalam Masyarakat Adat Sopamena, Ronald Fadly; Fadillah, Astuti Nur; Sopamena, Siska Vilonia Indah; Rumahlewang, Fruli; Sahupala, Gregory Anthonio
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v3i2.1576

Abstract

Introduction: An agreement is a legal action that is often carried out by the community in order to fulfill the necessities of life. This is also often practiced by indigenous peoples in their daily lives.Purposes of the Research: This writing intends to examine the validity of the agreements practiced in indigenous peoplesMethods of the Research: This writing uses a normative juridical method based on primary and secondary legal materials, namely research that refers to the norms contained in laws and regulations.Results of the Research: The validity of an agreement is determined by whether or not the agreement is fulfilled with the legal terms of the agreement specified in Article 1320 of the Civil Code. Based on the author's analysis, agreements made in indigenous peoples fulfill the legal requirements of an agreement so that even if they are only made orally, they still have legal consequences.

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