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SANISA: Jurnal Kreativitas Mahasiswa Hukum
Published by Universitas Pattimura
ISSN : -     EISSN : 27762289     DOI : https://doi.org/10.47268/sanisa
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 57 Documents
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Implementasi Konvensi Hak-Hak Anak 1989 ( United Nations Convention On the Right of the Child ) Terhadap Pelanggaran Hak Asasi Anak Di Belarusia Sinay, Susan Laura; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
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.v5i1.3025

Abstract

Introduction: Child protection is all efforts made to create conditions so that every child can exercise their rights and obligations for the proper development and growth of children physically, mentally and socially. Child protection is a manifestation of justice in a society, thus child protection is sought in various fields of state and social life. Child protection activities have legal consequences, both in relation to written and unwritten law The Convention of Rights of the Child was ratified by the United Nations General Assembly on November 20, 1989, and entered into force on September 2, 1990. The Convention on the Rights of the Child is an instrument that formulates universal principles and legal norms regarding the position of children. As such, the Convention on the Rights of the Child is an international human rights treaty that incorporates civil, political, economic and cultural rightsPurposes of the Research:  Analyze and discuss the form of sanctions against perpetrators of violations of children's rights in Belarus and analyze and discuss the regulation of the protection of children's rights based on the 1989 United Nations Convention on the Rights of the Child.Methods of the Research: This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed.Results / Findings / Novelty of the Research: The results of this study indicate that violations of children's rights in Belarus that have occurred have not been responded to properly, the State as an actor has not yet carried out its role and function as a protector of its citizens. The perpetrators of violations have not yet been prosecuted, therefore it is necessary to affirm human rights observers to continue to oversee violations of children's rights that occur in Belarus
Penyerangan Terhadap Warga Sipil Oleh Organisasi Papua Merdeka Dan Pertanggungjawabannya Ririhena, Putri Jean Patricia; Tahamata, Lucia Charlota Octovina; Leatemia, Wilshen
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 5 No. 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3665

Abstract

Introduction: the armed conflict in Papua is one of the most complex humanitarian and security issues in Indonesia. The involvement of the Free Papua Movement (OPM) in attacks on civilians has resulted in loss of life and significant losses, both material and moral. These actions are not merely political resistance but have gone beyond the pale, targeting those who should be protected by law: civilians not participating in hostilities.Purposes of the Research: : the purpose of this article is to determine and analyze whether the acts of attacks on civilians carried out by the Free Papua Organization (OPM) can be qualified as violations of International Humanitarian Law (IHL).Methods of the Research: The method used is normative juridical, employing a legislative approach, a case approach, a historical approach, a conceptual approach, and a literature study approach.Results / Findings / Novelty of the Research: : the results of the study show that the attacks on civilians by the Free Papua Organization (OPM) constitute a serious violation of International Humanitarian Law (IHL), particularly against the principle of distinction and the principle of proportionality as regulated in the 1949 Geneva Conventions and Additional Protocol II of 1977
Penegakan Hukum Terhadap Kejahatan Pencurian Data Pribadi di Media Sosial (Facebook) Arey, Muhammad Syaf Nurdin; Hehanussa, Deassy Jacomina Anthoneta; Salmon, Harly Cilford Jonas
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 5 No. 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3664

Abstract

Introduction: The rapid development of information technology has triggered an increase in digital activities, including the collection and storage of personal data. On the other hand, the phenomenon of theft of personal data and personal identity has become rampant and has caused increasingly significant losses, both materially and immaterially. This study aims to examine legal protection against theft of personal data and personal identity in Indonesia and to examine the law enforcement mechanisms and obstacles faced in the process.The research method used is normative juridical, with a regulatory, conceptual, and comparative approach. Data sources come from literature studies of regulations, legal literature, and relevant court decisions. The results of the study show that personal data protection in Indonesia is still in the developing stage, marked by the enactment of Law Number 27 of 2022 concerning Personal Data Protection. However, there are still limitations to norms in terms of implementation, criminal sanctions, and strong supervisory institutions. In addition, law enforcement against theft of personal data faces various obstacles, including limited authority of law enforcement officers, low public awareness of the importance of protecting personal data, and the complexity of evidence in cases of cross-border cybercrime. International efforts, such as cross-secret cooperation and extradition of perpetrators, are also still not optimal due to differences in legal systems between countries. This study recommends strengthening technical regulations for implementing the PDP Law, increasing the capacity of independent supervisory institutions, educating the public about data security, and increasing international cooperation in combating cybercrime. Effective national legal protection of personal data is an important foundation in maintaining citizens' privacy rights and building trust in the digital ecosystem.Purposes of the Research: Analyze and explain law enforcement against the crime of personal data theft on social media (Facebook).Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. 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 library research, namely by searching legal materials by reading, viewing, listening and now many are done by searching through the internet then the data will be analyzed using quantitative data analysis techniques, in an approach Quantitative related to the relationship of variables analyzed using an objective theory, then described to solve the main problem in this study.Results / Findings / Novelty of the Research: Law enforcement against personal data theft in Indonesia has a strong legal basis through the Personal Data Protection Law, the Electronic Information and Transactions (ITE) Law, and other relevant regulations. However, its implementation still faces various obstacles, such as technological limitations, inadequate investigative capabilities, and difficulties in tracking and gathering evidence in the cyber realm. The cross-border nature of cybercrime also presents jurisdictional challenges, necessitating strong international cooperation mechanisms for effective law enforcement
Penegakan Hukum Terhadap Pelaku Tindak Pidana Pembunuhan (Putusan Nomor 312/Pid.B/2023/PN Amb) Samangun, Indriyani; Sopacua, Margie Gladies; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 5 No. 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3663

Abstract

Introduction: The crime of murder is a serious violation of the fundamental right to life. Often, these crimes are triggered by the consumption of alcoholic beverages, which affects the perpetrator's control. This was observed in Case Number 312/Pid.B/2023/PN Amb, where the defendant stabbed the victim while under the influence of alcohol.Purposes of the Research: This study aims to analyze the law enforcement process and the judge's legal considerations in sentencing the perpetrator of murder under the influence of alcohol in the decision Number 312/Pid.B/2023/PN Amb.Methods of the Research: This research uses a normative juridical method with a statutory, case, and conceptual approach. The data used are secondary data obtained through library research and analyzed qualitatively.Results / Findings / Novelty of the Research: The results show that the law enforcement process has proceeded in accordance with the Criminal Procedure Code (KUHAP). The judge considered the elements of Article 338 of the Criminal Code to be proven. However, in the sentencing considerations, the judge used the defendant's drunkenness and spontaneity as mitigating factors, resulting in a sentence of 8 years in prison. This is considered relatively light compared to the maximum threat of 15 years and the fatal consequence of the loss of life, raising questions about the balance between legal certainty and substantive justice
Pertimbangan Hukum Hakim Terhadap Putusan Bebas Dalam Tindak Pidana Pembunuhan (Studi Putusan Nomor : 454/Pid.B/2024/PN. Sby) Pedan, Yohanis Egi; Adam, Sherly; Latupeirissa, Julianus Edwin
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 5 No. 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3662

Abstract

Introduction: The judge's legal considerations are a stage in which the panel of judges comprehensively assesses the facts revealed during the trial process based on legal and non-legal considerations as the basis for a decision that embodies the value of justice.Purposes of the Research: This study aims to analyze and discuss the legal considerations of judges in acquittal verdicts for criminal homicide in verdict number: 454/Pid.B/2024/PN.Sby and to analyze and discuss acquittal verdicts for perpetrators of criminal homicide from the perspective of the objectives of criminal punishment.Methods of the Research: The research method used is normative legal research using a legislative approach, conceptual approach, and case approach. The legal materials used are primary, secondary, and tertiary legal materials. The procedure for collecting legal materials is carried out through literature study, processed through editing, systematization, and qualitative analysis.Results / Findings / Novelty of the Research: The results of the study show that the judge's legal considerations regarding the perpetrator of the crime of murder in decision number: 454/Pid.B/2024/PN. Sby, based on the judge's legal considerations of all elements of the alternative charges under Article 338 of the Criminal Code, Article 351 paragraph (3) of the Criminal Code, Article 359 of the Criminal Code, and Article 351 paragraph (1) of the Criminal Code, which were brought by the public prosecutor against the defendant Gregorius Ronald Tannnur, were not legally proven. The reason for this was that the judge was convinced by the opinion of a driving safety expert that the victim was outside the lane of the car driven by the defendant and, based on CCTV footage that did not clearly show that the victim died as a result of murder or being run over by the defendant's car, the judge acquitted the defendant. An acquittal of a perpetrator of a criminal act of murder is contrary to the purpose of punishment if it is not based on strong evidence. If an acquittal is given because the judge was not careful in examining the evidence and witnesses or for other reasons that are not in accordance with the law, then this verdict can be considered unfair and can reduce public trust in the judicial system to provide justice and protect the community
Penjatuhan Sanksi Terhadap Pelaku Tindak Pidana Pencucian Uang Dalam Perspektif Tujuan Hukum Kelian, Jubeda; Leasa, Elias Zadrach
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 5 No. 2 (2025): Volume 5, Nomor 2, Oktober 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i2.3840

Abstract

Introduction: Money laundering is a serious crime that has a significant impact on the stability of the national economy and financial system. The complexity of money laundering schemes requires the application of a system of evidence and the imposition of criminal sanctions that are consistent with the objectives of the law, namely justice, legal certainty, and public interest.Purposes of the Research This study aims to analyze and discuss the burden of proof in money laundering cases, as well as to analyze and discuss the imposition of sanctions on perpetrators of money laundering from the perspective of the objectives of the law.Methods of the Research: This study is a normative legal research study that employs a statutory approach, a conceptual approach, and a case-based approach. The legal materials used include primary legal sources and secondary legal sources. The legal materials were collected through a literature review. The processing of the legal materials involved the following stages: identification of legal issues, searching for primary and secondary legal materials, and grouping of relevant legal materials. All legal materials obtained were subsequently analyzed qualitatively.Results / Findings / Novelty of the Research: The results of this study indicate that the imposition of criminal sanctions on money laundering offenders aligns with the legal objectives of legal certainty through clear criminalization, separation from the predicate offense, and anti-tipping-off measures. The Justice Perspective, where criminal sanctions aim to restore a sense of justice in society, ensuring that proceeds of crime are not enjoyed by the perpetrators, through asset forfeiture, punishing both active and passive perpetrators, and creating a deterrent effect. The Utility Perspective, which involves protecting the financial system, recovering state losses, and preventing further criminal acts.
Pertanggungjawaban Pidana Pelaku Pembuat Website Palsu Melalui Media Sosial (Studi Putusan No: 1194/Pid.Sus/2019/PN Sby) Toumahuw, Zirel Josilia; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 6 No. 1 (2026): Volume 6, Nomor 1, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v6i1.3916

Abstract

Introduction: The development of information technology has had a significant impact on various aspects of life,including cybercrimes such as the creation of fake websites through social media. So that the perpetrator can be held criminally responsible for their actions.Purposes of the Research: To analyze and discuss the judge's legal considerations in deciding the case against theperpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby and to analyze and discuss the criminal liability of the perpetrator of the fake website creation through social media, so that the perpetrator can be held criminally liable for their actions.Methods of the Research: The method used in this research is normative juridical, utilizing a legal problem approach, a conceptual approach, and a case approach. The legal materials used include primary legal material,secondary legal material, and tertiary legal material. The legal material collection procedure was through literature review. The legal material processing was carried out in several stages, including editing, classification, analysis, and conclusion. The legal material analysis used was qualitative analysis.Results / Findings / Novelty of the Research: The judge's legal considerations regarding the perpetrator of the fake website creation through social media in Decision No. 1194/Pid.Sus/2019/PN.Sby indicate that the judge considered legal aspects, including the public prosecutor's indictment, criminal charges, the defendant's testimony, witness testimony, evidence, and the application of articles in criminal regulations by proving all elements of Article35 of the ITE Law through valid evidence. The judge also considered non-legal aspects such as the defendant's background and the consequences of the defendant's actions and the criminal liability of the perpetrator of the fake website creation through social media. Decision No. 1194/Pid.Sus/2019/PN.Sby indicates that the defendant was legally and convincingly proven to have committed a crime as stipulated in Article 35 of the ITE Law.
Penegakan Hukum Terhadap Pelaku Pornografi Dalam Aplikasi Mango Hehakaya, Grand Nehemia; Supusepa, Reimon; Latumaerissa, Denny
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 6 No. 1 (2026): Volume 6, Nomor 1, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v6i1.3915

Abstract

Introduction: Social media is a medium for online communication, allowing people to interact without the constraints of time and space. However, this lack of boundaries often leads some people to commit various crimes, one of which is pornography. The case studied involved an application called Mango, which became a platform for pornography perpetrators to carry out their actions, starting with indecent acts involving adult scenes watched live streamed to earn coins to be monetized, thus becoming a business opportunity for these perpetrators. Therefore, pornography crimes through the Mango application must be viewed in accordance with the legal provisions concerning pornographic activities contained in the Pornography Law, namely Law No. 44 of 2008, followed by the ITE Law, namely Law No. 11 of 2008. The formulation of the problem is law enforcement against perpetrators of pornography in the Mango application and the forms of pornographic acts in the Mango application.Purposes of the Research: This study aims to analyze and discuss law enforcement against perpetrators of pornography in the Mango application. Methods of the Research: The research method used is a normative juridical research type. The approach to the problem of legislation, conceptual analysis, and sources of legal material used include primary and secondary legal materials. Data collection techniques include literature review, followed by descriptive analysis using quantitative methods.Results / Findings / Novelty of the Research: The research results indicate that the freedom granted to social media users has led to numerous criminal offenses, particularly pornography. Therefore, it is appropriate for Mango users to be subject to criminal law enforcement. Furthermore, considering the forms of pornographic acts in the Mango application, a more mature policy is needed to handle existing cases, given the weakness of the cyber system in Indonesia.
Ketidakadilan Pengaturan Dana Bagi Hasil Perikanan Pattinasarany, Yohanes
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 6 No. 1 (2026): Volume 6, Nomor 1, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v6i1.3914

Abstract

Introduction: The state has determined the percentage of Revenue Sharing Funds (hereinafter abbreviated as DBH) from state revenues from the management of fisheries natural resources between the central government and regional governments through the provisions of Article 119 of Law Number 1 of 2022 concerning Financial Relations between the Central and Regional Governments. 20% (twenty percent) is the central government's share, and 80% (eighty percent) is the regional share. The 80% (eighty percent) of the regional share is divided among all regencies/cities and provinces that are not divided into autonomous districts/cities in Indonesia.Purposes of the Research: The purpose of this study is to examine and analyze the inequities in the regulation of Revenue Sharing Funds for fisheries resource management for producing provinces. The research method used is normative legal researchMethods of the Research: The research method used in this paper is normative legal research, which primarily examines positive law provisions, legal principles, and legal doctrines to address the legal issues at hand. The approaches used are the statutory approach and the conceptual approach.Results / Findings / Novelty of the Research: The results show that 80% (eighty percent) of the fisheries DBH regulation, which is the regional share, is divided among all regencies/cities and provinces that are not divided into autonomous districts/cities in Indonesia. This indicates that producing provinces do not receive a share of the fisheries DBH distribution. However, districts/cities are not given the authority to manage fishery natural resources. Such a distribution, which excludes producing provinces like Maluku Province, is considered unfair. This differs from the regulation of the Revenue Sharing Fund (DBH) for natural resources in the forestry, mineral and coal, oil and gas, and geothermal sectors. The regulation of the fishery DBH should use a contribution approach to the results obtained from fisheries management activities. This means that the distribution is carried out proportionally as a manifestation of distributive justice in the distribution of the fishery DBH. The regulation of the fishery DBH distribution is adaptive according to the contribution of revenue from the fisheries sector generated by the region.
Upaya Penegakan Hukum Tindak Pidana Pemerasan Yang Dilakukan Dengan Modus Iuran Keamanan Di Pasar Mardika Mansur, Sahrul; Lewerissa, Yanti Amelia
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 6 No. 1 (2026): Volume 6, Nomor 1, April 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v6i1.3913

Abstract

Introduction: Extortion, often disguised as security fees, is a pervasive legal issue, particularly at Mardika Market in Ambon City. This practice is carried out by certain individuals, claiming to provide security, but is accompanied by elements of coercion, threats, and violence, harming traders and creating a sense of insecurity. This situation indicates that law enforcement against this practice has not been optimal.Purposes of the Research: This study aims to analyze law enforcement efforts against the crime of extortion using the security fee method and to identify the obstacles faced by law enforcement officers in eradicating it.Methods of the Research: The research method used was empirical legal research with a qualitative approach. Data was obtained through interviews with relevant parties, direct observation at the research location, and literature review. The collected data was then analyzed descriptively and qualitatively.Results / Findings / Novelty of the Research: The research results show that extortion practices involving security fees are still common and tend to be organized. Law enforcement efforts have been implemented through preventive and repressive measures, but they have not been optimal. Obstacles include low public legal awareness, victims' fear of reporting, limited facilities and infrastructure, and a lack of coordination among law enforcement officials. Therefore, firmer and more comprehensive law enforcement and increased public legal awareness are needed to create a safe and orderly market environment.

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