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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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Strategi Penanggulangan Tindak Pidana Penganiayaan (Studi Kasus Kepolisian Sektor Nusaniwe) Werluka, Natalia; Wadjo, Hadibah Zachra; Salmon, Harly Cliford Jonas
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.v6i1.3912

Abstract

Introduction: This study discusses strategies for addressing assault crimes within the jurisdiction of the Nusaniwe Police Sector, focusing on the obstacles faced by police officers due to uncooperative public participation in law enforcement. The background to this research is based on the high number of assault cases influenced by alcohol consumption, social conflict, and low public participation in providing information to the police. These conditions hamper the investigation and inquiry process, resulting in suboptimal law enforcement against assault crimes.Purposes of the Research: The purpose of this study is to determine the obstacles faced by the police in dealing with uncooperative communities in criminal acts of assault and to analyze the strategies used by the Nusaniwe Sector Police in dealing with these crimes.Methods of the Research: The research method used was empirical legal research with a qualitative descriptive approach. The research location was the Nusaniwe Police Sector. Data were obtained through interviews, observations, and documentation studies. The informants in this study consisted of the Head of Criminal Investigation Unit, assistant investigators, Bhabinkamtibmas (community police officers), religious leaders, youth leaders, and neighborhood heads within the jurisdiction of the Nusaniwe Police Sector. The data obtained were then analyzed qualitatively to describe the actual conditions on the ground.Results / Findings / Novelty of the Research: The results of the study indicate that the main obstacle in handling criminal acts of assault is the uncooperative attitude of the community, such as reluctance to be witnesses, fear of dealing with the police, and the existence of family relationships with the perpetrators so that they try to protect the perpetrators. Other factors that influence the occurrence of assault are alcohol consumption and conflict between individuals. The strategies implemented by the police in dealing with criminal acts of assault include preventive, preemptive, and repressive approaches through cooperation between police units, optimizing the role of Bhabinkamtibmas, legal counseling, a family approach, and coordination with community leaders, religious leaders, and youth to increase public legal awareness.
Kebijakan Hukum Pidana Terhadap Tindak Pidana Peretasan Data Pribadi Ridwan, Aulia; Hattu, Jacob
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.v6i1.3960

Abstract

Introduction:Personal data protection has been implemented in criminal law policies, but data breaches still occur. This demonstrates the weaknesses of Indonesian criminal law, which still require reform to protect public data security. Purposes of the Research: This study aims to analyze criminal law policies regarding the crime of hacking personal data now and in the future. Methods of the Research: The method used is a normative juridical method with a statutory, conceptual, and case-based approach. The legal sources consist of primary, secondary, and tertiary legal materials. The legal material collection procedure is carried out using a literature study method, and the processing and analysis of legal materials are carried out qualitatively. Results / Findings / Novelty of the Research: The research findings show that current criminal law policy regarding personal data hacking lies in its substance or legal provisions, technology, and law enforcement. In terms of substance or legal provisions, the current Personal Data Protection Law (Law No. 27 of 2022) focuses more on individual personal data, such as identity data, financial data, and health data. In terms of technology, the current Personal Data Protection Law does not specifically regulate the use of personal data in the context of Artificial Intelligence (AI) technology, focusing on the analysis of data collected by IoT. In terms of law enforcement, the current Personal Data Protection Law still faces several challenges, such as a lack of detail in derivative regulations and the absence of a specific authority for data protection. Further research indicates that future criminal law policy regarding personal data hacking lies in its substance or legal provisions, technology, and law enforcement. The future Personal Data Protection Law will be more comprehensive. In terms of technology, the strengthening and expansion of the use of personal data in the context of AI technology focuses on the analysis of data collected by IoT, and its law enforcement will emphasize sanctions against perpetrators of personal data hacking.
Perlindungan Hukum UMKM dalam Memasuki Era Baru Pasca Pandemi Sopamena, Siska Indah Vilonia; Rumahlewang, Fruli; Sahuburua, Alfred Graciano; Sopamena, Ronald Fadly
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 2 No. 2 (2022): Volume 2, Nomor 2, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v2i2.1211

Abstract

Introduction: This article analyzes MSMEs in general and the legal protection of MSMEs during the pandemic and the protection of MSMEs entering a new era after the pandemic.Purposes of the Research: The purpose of this article is to understand the impact of the pandemic for MSMEs as well as legal protection for MSMEs in entering a new era after the pandemic.Methods of the Research: This study uses a normative juridical method by using a statute approach and also a conceptual approach.Results of the Research:  The results showed that businesses that had to be closed in an effort to stop the spread of the virus were one of the main reasons for the bankruptcy of MSMEs. The absence of production and sales activities certainly has a big impact on MSMEs that do have small capital. The government is obliged to provide legal protection for MSMEs, especially in entering the post-pandemic era. By utilizing technological advances, MSMEs can take advantage of social media and marketplaces so that they can sell their products through internet media. With the challenges that must be faced by MSME actors to market their businesses, the policies that have been made by the government such as tax incentives, credit restructuring, MSME working capital loans, and other support emerged as economic recovery in the MSME sector. However, the effectiveness of this policy is still questionable because the recovery for MSMEs is still running very slowly even though the government has implemented actions to support the community and support MSMEs with various kinds of waivers. For this reason, the government must work optimally to supervise and provide assistance so that MSMEs in Indonesia are ready to enter a new era after the pandemic
Perdagangan Orang (Human Trafficking) : Aspek Kekerasan terhadap Perempuan di Indonesia
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 2 No. 2 (2022): Volume 2, Nomor 2, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v2i2.1206

Abstract

Introduction: The phenomenon of trafficking in women is interesting to discuss. The object of trade is to trade people. Indonesia is one of the countries in Southeast Asia that is a source of human trafficking. Cases of trafficking in women and children that occur in Indonesia are usually for prostitution, pornography, begging and domestic help. Indonesia's effort to combat behavior that makes women the object of violence is to ratify the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), in addition to the convention the Government has also ratified Law No. 21 of 2007 concerning Eradication of the Crime of Human Trafficking.Purposes of the Research: This study aims to analyze related to human trafficking from the aspect of violence against women, especially in IndonesiaMethods of the Research: The research method used is normative juridical researchResults of the Research:  Human trafficking is a crime that violates human rights. Traffickers use violence to recruit their victims. Violence does not only attack physically, but also attacks psychologically and verbally. Criminal act of human trafficking that is happening today is a form of "modern" human slavery because it is carried out in a structured, neat manner and even involves many parties with the sole aim of commercial interests. Victims of this criminal act of human trafficking will usually be used as objects of "business" either in the form of sexual exploitation or in other forms of action 
Hukum Berparadigma Cita Hukum Indonesia Demi Tercapainya Keadilan
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 2 No. 2 (2022): Volume 2, Nomor 2, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v2i2.1207

Abstract

Introduction: The State of Indonesia is a legal state, and as a legal state, Indonesia operates in accordance with the law, both written and unwritten. But all of them are based on the ideals of Indonesian law. The purpose of the Indonesian state will reflect the ideals of law, the ideals of law that the Indonesian people want are the legal ideals of Pancasila. Pancasila is placed as the source of all sources of law in the development of national law. The Indonesian nation itself is still in the process of building its own legal system to replace the legal system left by the Dutch colonialists.Purposes of the Research: To carry out a law reform to become a better Indonesia Methods 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:  The national legal system that is expected in the future is a legal system that is explored from the view of life of the Indonesian people contained in Pancasila. The ideal of Indonesian law is justice, which is stated in Pancasila, which is the original law of Indonesia. The position of society in the Indonesian legal system is diverse in culture, therefore the love of Indonesian law is expected to be able to fulfill the sense of justice to be achieved, based on Pancasila justice which is the basis of the Indonesian State. The Indonesian nation is rich in culture, rich in diversity, and in the application of law in Indonesia there have been violations of human rights.
Catcalling Sebagai Bentuk Kekerasan Seksual Non Fisik
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 2 No. 2 (2022): Volume 2, Nomor 2, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v2i2.1208

Abstract

Introduction: Catcalling as a form of a criminal act, namely non-physical sexual violence, which is often ignored, is not even realized by the victim and even the perpetrator of the act. Catcalling itself often occurs spontaneously or because of a joke. This is due to the lack of understanding of the Indonesian people regarding Catcalling, and even tend to normalize Catcalling because of the patriarchal culture in society which considers men tend to be more powerful than women, this verbal sexual harassment usually occurs in open public spaces, is a Sexual compliment Seducing or sexual in a non-verbal way, namely whistling. This catcalling act has an impact on a person's psyche further, even on their human rights where they get security in carrying out their activities, peaceful and peaceful physically and mentally, for that reason, catcalling perpetrators must be dealt with firmly to be stopped, Catcalling in Indonesia is one form of criminal acts of sexual harassment that are against the law and moral norms. Catcalling is still hard to get justice for him. So far, protection for victims of catcalling is regulated in Law Number 39 of 1999 concerning Human Rights (HAM) and Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims as the legal basis. For Catcalling Actors in Indonesia, initially, it was very difficult to be caught by law because the provisions in positive law did not explicitly describe Catcalling itself, but with the presence of Law No. 12 of 2022 which clearly states in Article 4 paragraph 1 point (a) which explicitly states sexual harassment. non-physical and then paragraph 2 point (d) it is said that an act that violates decency is against the will of the victim. Furthermore, Article 5 explains that any person who commits non-physical sexual acts aimed at the body, sexual desire, and/or reproductive organs to degrade a person's dignity based on sexuality and/or decency, shall be punished for non-physical sexual harassment, with a criminal sanction. imprisonment for a maximum of 9 (nine) months and/or a maximum fine of Rp. 10,000,000.00 (ten million rupiah)Purposes of the Research: Analyzing Catcalling as a Form of Non-Physical Sexual ViolenceMethods 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 of the Research:  The research results show that. The phenomenon of verbal sexual harassment that occurs in society, especially catcalling, is a product of a patriarchal culture that places men more powerful than women so the catcalling phenomenon tends to be normalized with more victims being women. The impact caused by the catcalling phenomenon is in the form of insecurity, discomfort, lack of confidence, and embarrassment. If this continues, of course, the psychological impact that can be felt by the victim is in the form of trauma and depression. he clearly described what catcalling was. Some articles can be used in dealing with catcalling cases, namely, Article 315 of the Criminal Code, Article 281 Paragraphs (1) and (2) of the Criminal Code, and Article 8, Article 9, Article 34, Article 35 of Law Number 44 of 2008 concerning Pornography in this article can be used as a legal basis to ensnare catcalling perpetrators, but it is still felt that it has not been optimal in guaranteeing legal certainty and fulfilling a sense of justice for victims who have experienced catcalling. Catcalling perpetrators can also get social sanctions if victims dare to fight back and show their emotions when they get catcalling. However, with the issuance of Law 12 of 2022 concerning Crimes of Sexual Violence, the criminalization of catcalling as a form of non-sexual violence crime Verbal is getting clearer with explanations of Article 4 and Article 5 which describe what sexual violence is and also the sentence of punishment for perpetrators of sexual violence. With this writing, it is hoped that public knowledge can increase so that it does not normalize catcalling in the future.
Analisis Yuridis Dugaan Tindak Pidana Korupsi Yang di Lakukan Partai Politik
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 2 No. 2 (2022): Volume 2, Nomor 2, Oktober 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v2i2.1210

Abstract

Introduction: From year to year, since the fifties, the problem of corruption in Indonesia has never been quiet from discussion, debate, and efforts to improve legislation. The more it is explored and traced, the more real it becomes like tracing a long rope which in the end astonishes everyone that at the end of the rope almost all political elites, businessmen and legal officials are caught.Purposes of the Research: The purpose of this article is to see how to prove allegations of corruption committed by political partiesMethods of the Research: The research method used in this paper uses a normative juridical method. The approach used in this study uses a conceptual approach and a statutory approach. The collection technique is carried out by means of a literature study, namely a series of efforts to obtain writing materials by reading, analyzing, classifying, identifying, and understanding legal materials in the form of laws and regulations, jurisprudence, research results that have to do with the subject matter and the opinion of legal experts.Results of the Research:  The results of this study indicate that in the accountability of political parties for criminal acts of corruption in accordance with the draft of the Criminal Code article 49 that if a criminal act is committed by a corporation, criminal liability is imposed on the corporation and/or its management. Because a political party is an elaboration of a corporation, it can therefore be held accountable.

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