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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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Kajian Yuridis Kesaksian Palsu Dalam Pembuktian Tindak Pidana Latupeirissa, Christi Marvel; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
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.v3i2.1891

Abstract

Introduction: Evidence is a very decisive factor for judges in making decisions. Witnesses are needed in explaining a case. In giving testimony, witnesses must provide truthful information. In order for witness testimony to be considered valid, it must meet the conditions specified in the Criminal Procedure Code. A statement given under oath where the content contradicts the truth both in a positive sense, namely giving false information (fabricating) or in a negative sense, namely hiding the truth, is also called perjury.Purposes of the Research: to analyze explaining that false testimony is a crime as well as the mechanism for handling or legal remedies against false testimony in proving a crime.Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books.Results of the Research:  the construction of false testimony in the Criminal Code must fulfill the element of testimony that must be under oath. The statement must be required by law or according to regulations that determine the legal consequences of said statement, the statement must be false (incorrect) and this falsehood is known to the giver of the statement. Second, proving the act of justifying false testimony in criminal procedural law can be carried out if the witness continues to defend his statement until the witness examination is complete, then a criminal act of perjury occurs which is then supported by a decision stating that the defendant has not been legally and convincingly proven and the judge orders the defendant to immediately released from custody so that this will become the subject of a new case that can be reported by the defendant's lawyer or the defendant himself
Pemberian Izin Usaha Toko Modern Alfamart Dan Indomaret Oleh Pemerintah Kota Ambon Samangun, Warnesy Atayen; Pattinasarany, Yohanes; Nirahua, Garciano
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3026

Abstract

Introduction: The problem studied in this research is about the granting of business licenses for modern stores alfamart and indomaret by the Ambon City Government based on the Presidential Regulation and the Regulation of the Minister of Trade which requires Regional Governments to establish their respective Regional Regulations related to the granting of business licenses for the construction of modern stores that have not been implemented by the Ambon City Government and the legal consequences of the negligence of the Regional Government.Purposes of the Research: Methods of the Research: The method used in analyzing and discussing the problem is normative research method. The Ambon City Government until now still has not established a Regional Regulation to regulate the granting of business licenses for modern alfamart and indomaret stores, this has resulted in the construction of modern alfamart and indomaret stores which are built in close proximity so that they can cause unfair competition between modern stores and people's markets / traditional shopsResults / Findings / Novelty of the Research: The results showed that the Ambon city government, before the enactment of the Job Creation Law, always issued business licenses for the establishment of modern alfamart and indomaret stores based only on the Presidential Regulation and Permendag, but did not ignore its obligation to establish its Regional Regulations to regulate the granting of business licenses for modern alfamart and indomaret stores in the city of Ambon itself, resulting in a lot of unhealthy competition between small shop entrepreneurs or people's markets with traditional shops.
Penyerangan Terhadap Petinggi Hamas Di Wilayah Negara Lain Dan Implikasi Hukumnya Soumena, Ajwar; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3016

Abstract

Introduction: International law as a law that crosses national borders regulates all forms of rules and principles of international relations law. International law also defines all forms of legal responsibility of countries in acting and their actions towards individuals within national borders whose domains include various issues of concern to the international world such as human rights, international crimes, citizenship issues and so on. International law also carries out global missions such as environmental improvement and sustainable development, international waters, outer space, and so on.Purposes of the Research: Methods of the Research: This research is a normative legal research. The type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. Supporting data and information are then identified and then systematized for interpretation and arguments are given to obtain conclusions on the problem.Results / Findings / Novelty of the Research: The attack on Hamas leaders in the territory of another country is a violation of state sovereignty in international law. The murder of Ismail Haniyeh was carried out with a guided missile targeting his private residence in Tehran, Iran. The murder took place outside the conflict area and certainly violated the jurisdiction of another country. Sovereignty is a fundamental right for every country in the world as a necessity for the implementation of a legal system in a region in order to provide guarantees for the survival of the population in that region. As one of the subjects of international law, international recognition of a country is based on whether or not the requirements for the formation of a country are met, including according to the 1933 Montevideo Convention, there are four elements of state formation, namely, permanent population, territory, government and the ability to conduct relations with other countries
Akibat Hukum Penetapan Tersangka Terhadap Orang Mati Dalam Proses Penyidikan Serlaloy, Alfred Gilbert; Toule, Elsa Rina Maya; Salamor, Anna Maria
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3017

Abstract

Introduction: The research in this thesis is motivated by the determination of suspects regarding dead people. In Article 109 paragraph (2) of the Criminal Procedure Code, investigators must pay attention to the provisions regarding disclosure of investigations if the suspect dies. Legally, Article 77 of the Criminal Code states "the authority to demand abolition if the accused has died". the goal to be achieved is to analyze and explain whether a dead person can be designated as a suspect as well as analyze and explain the legal consequences of determining a dead person as a suspect.Purposes of the Research: The goal to be achieved is to analyze and explain whether a dead person can be designated as a suspect as well as analyze and explain the legal consequences of determining a dead person as a suspect.Methods of the Research: The research method used is normative juridical research or research to find legal rules with the approach used by the author in discussing this problem is the statutory approach.Results / Findings / Novelty of the Research: The result obtained in this writing is that the determination of a dead person as a suspect is invalid because it has violated the criminal procedural law. The legal consequences of naming 6 members of the FPI laskar and Hasya Atallah as suspects will have an impact on the good name of the suspect and also the victim's family, and efforts can be made to compensate the suspect, who can be represented by his family
Penerapan Pasal 127 Undang-Undang Nomor 35 Tahun 2009 Terhadap Penyalahgunaan Narkotika Pada Proses Pemeriksaan Perkara Pidana (Studi Pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Manuputty, Gloria Imanuella; Taufik, Iqbal
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3018

Abstract

Introduction: Currently, Indonesia is experiencing the development of transnational crime distribution networks, one of which is narcotics crime. The crime of narcotics abuse is a big problem that often occurs among society and is a concern for the Indonesian nation today. Narcotics abuse is regulated in Law Number 35 of 2009 concerning Narcotics, such as one case of abuse committed by Arielson Radjawane alias Marsel. Marsel was arrested by the Ambon Island and Lease Island Narcotics Research Unit for allegedly carrying, possessing, storing or controlling marijuana. Marsel was given a prison sentence of two years and six months. Purposes of the Research: The aim of this research is to determine the handling of cases against perpetrators of narcotics abuse at the Ambon Island and Lease Island Police and to find out the basis for investigators in applying article 127 to narcotics abuse.Methods of the Research: The research method used is normative juridical, the research type is analytical descriptive with the legal materials used being primary, secondary and tertiary. The technique for collecting legal materials uses literature study, analysis of legal materials uses qualitative methods. Results / Findings / Novelty of the Research: The results of this research can be concluded that the handling of cases against perpetrators of narcotics abuse at the Ambon Island and Lease Island Police can be handled and given criminal sanctions based on the legal provisions of Article 127 of Law Number 35 of 2009 concerning Narcotics. And the application of article 127 of Law Number 35 of 2009 concerning narcotics is sufficient to provide a deterrent effect on abusers by subjecting the perpetrator to imprisonment or rehabilitation
Pelaksanaan Putusan Hak Asuh Anak Dan Kepastian Hukumnya Terhadap Putusan Pengadilan Agama Ternate Nomor 623/Pdt.G/2020/PA Ayu, Laras; Latupono, Barzah; Fataruba, Sabri
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3019

Abstract

Introduction: The implementation of child custody decisions made by the Ternate Religious Court is in accordance with the positive law applicable in Indonesia, namely Law Number 1 of 1974 concerning marriage and the compilation of Islamic law (KHI).Purposes of the Research: This research aims to analyze the implementation of child custody decisions regarding the Ternate Religious Court Decision Number 623/Pdt.G/2020/PA.Tte and what obstacles the Ternate Religious Court faces in the process of implementing the decision. Methods of the Research: This type of research is normative law.Results / Findings / Novelty of the Research: The results obtained in writing this  are; 1. Article 105 KHI explains that the right to custody of children under 12 years of age is the right of the mother, so the judge in the Ternate religious court in a decision with Register Number 623/Pdt.G/2020/PA.Tte dated 18 November 2020 granted the plaintiff's claim. and giving custody of the child (hadlannah) to the Plaintiff and in accordance with article 98 of the Compilation of Islamic Law regarding material care procedures, the defendant must pay for the child's education until the age of 21 years. 2. There are several obstacles in implementing the Decision with Register Number 623/Pdt.G/2020/PA.Tte, namely: a. The Respondent to the execution does not want to hand over the child to the Petitioner for the execution; b. The applicant for execution deliberately obstructed the execution, by threatening to carry out acts of violence if the child was taken by force; c. The child was deliberately hidden by the Respondent to the execution; d. The child himself did not want to accompany the Petitioner in the execution
Pelaksanaan Rehabilitasi Sosial Terhadap Warga Binaan Pemasyarakatan Narkotika Pada Lembaga Pemasyarakatan Kelas II A Ambon Sofyan, Ode; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 4, No 2 (2024): Volume 4, Nomor 2, Oktober 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v4i2.3020

Abstract

Introduction: Rehabilitation is an effort to restore and restore the condition of drug users to return to physical, psychological, social, and spiritual/religious health (faith). With the condition after undergoing rehabilitation, it is hoped that they will be able to return to live in the midst of society better and be free from narcotics bondage. The Narcotics Law has regulated the implementation and obligation of rehabilitation written in Article 4, Article 54, Article 55, Article 103, and Article 127 of the Narcotics Law which regulates the rehabilitation of victims of narcotics abuse, narcotics addicts, and narcotics abusers and is often also in the spotlight in its law enforcement practices.Narcotics abuse is one of the biggest crimes faced by the Indonesian people. In order to address this issue, the Government has issued a regulation, namely Presidential Instruction Number 2 of 2020 concerning the National Action Plan for the Prevention and Eradication of Abuse and Illicit Trafficking of Narcotics and Narcotics Precursors (RAN P4GN) 2020/2024. To succeed the program, the Ministry of Law and Human Rights of the Republic of Indonesia organizes a rehabilitation program for prisoners who abuse drugs in correctional institutions with the basis for its implementation, namely Law Number 22 of 2022 concerning Corrections, the Narcotics Law and other related regulations. The purpose of the program is not only to prevent drug abuse and illicit trafficking, but also to enable drug addicts to resume their social functions in the community. Cases of criminal acts and drug abuse in Class II A Ambon Correctional Institution (hereinafter referred to as Class II A Ambon Correctional Institution) committed by correctional inmates are inseparable from the issue of demand and supply of narcotics. The data shows that the number of prisoners (WBP) of narcotics cases in Class II A Ambon Correctional Facility in 2021 amounted to 40 prisoners and in 2022 amounted to 40 prisoners.Purposes of the Research: Analyze and discuss the obstacles faced in the implementation of social rehabilitation of prisoners of narcotics correctional facilities at Class II A Ambon Correctional Facility.Methods of the Research: The research method used with the type of Empirical juridical research. The research location is class II A Ambon correctional institution, Data sources are primary data and secondary data. Data collection techniques through observation and interviews.  Data processing techniques and data analysis in culaitative. Results / Findings / Novelty of the Research: The results showed that there are several obstacles that influence the implementation of social rehabilitation of narcotics wargabinan at the Klas IIA Ambon Correctional Institution. These obstacles have an effect on the implementation of social rehabilitation of narcotics wargabinan carried out at the Klas IIA Ambon Correctional Institution. This condition causes a lack of maximum implementation of rehabilitation at the Klas IIA Ambon Correctional Institution. The obstacles faced in the implementation of social rehabilitation of prisoners of narcotics correctional facilities at Class II A Ambon Correctional Facility are facilities or facilities, human resources or officers and budget or costs
Kajian Yuridis Kejahatan Cyber Bullying Di Media Sosial Lasamahu, Julio; Sopacua, Margie Gladies; Fadillah, Astuti Nur
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3022

Abstract

Introduction: Cyber bullying or bullying in cyberspace is an intentional act of intimidation, humiliation, humiliation or harassment via the internet. One typical example was experienced by FS, where the victim received deliberate insults from the perpetrato, through posts on the perpetrator's social account (FB). Purposes of the Research:  this research aims to examine and discuss the elements of the criminal act of cyber bullying and the application of criminal sanctions against performers of cyber bullying.Methods of the Research: This research uses a normative juridical research method with the legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques were carried out through literature study and analyzed using qualitative methods to answer the problems in this researchResults / Findings / Novelty of the Research: The results of this research explain that Cyber bullying is a bullying behavior or annoying behavior, continuously harassing or causing trouble to someone through the internet or cyberspace, such as spreading disputes, harassment, defamation, these actions comply with the formulation of article 27 paragraph (3 ) ITE Law. One of them is insulting or defaming which can make the perpetrator threatened with article 27 paragraph (3) and threatened with imprisonment for a maximum of 4 (four) years and/or a fine of a maximum of IDR 750,000,000.00 (seven hundred and fifty million rupiah). The crime of cyber bullying cannot be completely eradicated, but it can be prevented by starting from oneself, and this crime should not be ignored and considered a joke, but we must better understand the impact of the crime of cyber bullying itself
Pemenuhan Hak Restitusi Terhadap Anak Korban Tindak Pidana Pemerkosaan Palijama, Pricilia Triana; Wadjo, Hadibah Zachra; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3023

Abstract

Introduction: Children are very vulnerable to becoming victims of criminal acts, especially victims of rape. Therefore, the government has issued various kinds of laws and regulations so that every child gets legal protection and gets their rights. One of them is Article 71D of Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which explains that child victims have the right to apply to the court for restitution or compensation. However, in reality, restitution has not been implemented in every court decision so that child victims do not get their rights.Purposes of the Research:  examine and discuss mechanisms for fulfilling the right to restitution for children as victims of criminal acts of rape and obstacles in fulfilling the right to restitution for children as victims of criminal acts of rape.Methods of the Research: This research uses normative legal research methods based on primary and secondary legal materials and uses approaches: statutory approach, concept approach and case approach.Results / Findings / Novelty of the Research: The results of the research show that the mechanism for fulfilling restitution for child victims of criminal acts of rape is regulated in Government Regulation No. 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. However, the implementation of restitution in various laws and regulations in Indonesia is still difficult to implement, this is due to the content of these laws and regulations, especially the mechanism for providing restitution, law enforcement, in which case investigators and public prosecutors are obliged to notify victims. to be able to apply for restitution. In fulfilling the right to restitution there are obstacles, namely law enforcement, the law itself, society, culture and the existence of accompanying institutions such as LPSK which do not yet exist in all provinces of Indonesia, including Maluku.
Keputusan Kepala Daerah Tentang Penetapan Kesatuan Masyarakat Hukum Adat Sebagai Desa Nahumury, Ryan Kevin; Nendissa, Renny Heronia; Picauly, Benjamin Carel
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3024

Abstract

Introduction: The institutionalization of the Customary Law Community (MHA) unit into a Customary Village is carried out through a determination carried out by the Regional Head. Related to the determination as a unit of MHA as a Customary Village. Provisions regarding the requirements and implementation of the determination of the MHA unit to become a Customary Village are regulated in the provisions of Law No. 6 of 2014 Article 97. The implementation of the determination of the MHA unit as a Customary Village in reality, there are those that are not designated as Customary Villages, but as Villages, even though the requirements and criteria in the provisions of Law No. 6 of 2014 have been met. The determination of MHA units in West Seram Regency as a Village and not as a Customary Village raises legal problems. Juridically, normatively, the MHA units meet all the requirements and criteria of Law No. 6 of 2014 article 97, but are not designated as Customary Villages (or in SBB Regency term referred to as state) but as Villages.Purposes of the Research: The aim of this research is Validity of the Decision of the Regional Head Regarding the Determination of the Unity of the Customary Law Community as a Village Based on Law Number 6 of 2014Methods of the Research: The research used by the author is an empirical juridical research type. The procedure for collecting legal materials by conducting research in the form of interviews and observations as well as literature studies on legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively.Results / Findings / Novelty of the Research: The results obtained are the importance of determining the unity of the customary law community into a village must pay attention to various things in order to realize the welfare of the people which does not contradict the correct legal mechanism so that it does not have fatal legal consequences and is detrimental to the community.

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