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Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.
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PATTIMURA Law Study Review
Published by Universitas Pattimura
ISSN : -     EISSN : 30252245     DOI : https://doi.org/10.47268/palasrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 206 Documents
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Kajian Yuridis Terhadap Anak Yang Karena Kelalainnya Mengakibatkan Matinya Orang Briant Marino Paliama; Margie Gladies Sopacua; Elias Zadrach Leasa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12033

Abstract

Children are the hope for the nation, which means that children are the next generation of the nation. Children who are also citizens have rights and obligations. As the nation's successor, children have the right to protection, both from the state and from the family. Nowadays, there are many children who become perpetrators of traffic violations, causing traffic accidents. Child cases in context with the law are suspected of being criminal offenses. Children who become perpetrators of traffic accidents are entitled to protection, including legal protection. The research method used in this writing is normative juridical, the problem approach used is a statutory approach, case approach, conceptual approach, comparative approach and historical approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials, the procedure for collecting legal materials in this research is carried out by conducting literature studies, managing and analyzing legal materials using qualitative data analysis techniques. The results of the discussion of this writing, that the child can be criminally responsible in the presence of a separate process that is not the same as processing adults, by means of the implementation of the juvenile criminal justice system (SPPA) carried out based on the principles of protection of justice, non-discrimination and the best interests of the child, the development of children's motor skills is a facult.
Analisis Putusan Hakim Terhadap Pertanggungjawaban Pidana Dalam Pembunuhan Yang Dilakukan Oleh Anak ( Studi Kasus Putusan Nomor : 15/Pid.Sus-Anak/2021/PN Amb) Martha Adolfina Ohoiner; Julianus Edwin Latupeirissa; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12034

Abstract

Currently, many criminal acts are committed by children, this is due to developments in the times which make children easily influenced so that they commit unacceptable actions. One of the facts can be seen in the murder case committed by Rahman Bahari Ramadhan Alias ​​Babang against the victim named Firman Alias ​​Tole which was tried at the Ambon District Court as per Decision Number: 15/Pid.Sus-Anak/2021/PN Amb. It has been regulated in the Criminal Code regarding the consequences of committing an act of murder, but in society, murder is something that occurs continuously and must be prosecuted. The research used is normative legal research. The problem approaches used are the statutory approach and the conceptual approach. The collection of legal materials used includes primary, secondary and tertiary legal materials. Collection procedures using Legal Literature Materials as well as Management and Analysis of Legal Materials are carried out using qualitative analysis techniques to answer problems. Based on this research, it can be concluded that a child who commits a criminal act can be held accountable as determined by the Criminal Code and other laws and regulations. So, based on the judge's legal considerations, the child was sentenced to imprisonment for 4 (four) years and 6 (six) months, the sentence received by the child was based on the failure of the diversion process.
Kajian Kriminologis Penanggulangan Tindak Pidana Penganiayaan (Studi Pada Polresta Pulau Ambon dan Pulau-Pulau Lease) Christy Moren Manduapessy; Deassy Jacomina Anthoneta Hehanussa; Julianus Edwin Latupeirissa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12035

Abstract

The crime of assault is an act committed by someone intentionally causing pain or injury to another person. In Maluku Province, especially Ambon City, criminal acts of abuse investigated by the P. Ambon and P. P. Lease Police in the last 3 years have increased, according to Article 351 of the Criminal Code. This research aims to find out whether criminological aspects are taken into account in dealing with criminal acts of abuse and how criminal acts of abuse carried out by the P.Ambon and P.P Lease Police are handled. The research method used empirical juridical research methods Research Locations P. Ambon and P.P Lease Police, Nusaniswe Police, Teluk Ambon Police and Sirimau Police, Sample, Population, Respondents, Data sources used are primary data and secondary data. Material collection techniques through observation, interviews and quantitative analysis of legal materials. Based on the results of research and discussion, in Maluku Province, especially Ambon City, it is handled by the P. Ambon Police and P. P. Lease, namely criminal acts of abuse. The phenomenon that occurred at Nusaniwe Police, Teluk Ambon Police and Sirimau Police has increased in the last three years. Law enforcement of criminal acts of abuse at the P. Ambon and P. P. Lease police stations lacks incomplete evidence, there is a lack of public understanding, especially witnesses who see and know about criminal acts of abuse, often do not want to be witnesses in the investigation process until the trial stage and victims do not know who the perpetrators are. Committing criminal acts of abuse. Efforts to overcome criminal acts of abuse can be carried out using three measures, namely Pre-emptive Efforts, Preventive Efforts and Repressive Efforts. Pre-emptive efforts made by the police to instill good norms. Preventive efforts through coaching, education and community awareness. Repressive efforts were carried out by rehabilitation.
Peran Visum Et Repertum Sebagai Alat bukti Dalam Perkara Tindak Pidana Kekerasan Bersama (Studi Putusan No. 348/Pid.B/2021/PN.Amb) Masriawati Yuliana; Sherly Adam; Denny Latumaerissa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12036

Abstract

Expert testimony is a doctor's statement that can help investigators in providing evidence. The doctor's opinion should be stated in writing in the form of a health report called Visum Et Repertum. The research method used is normative legal research. The nature of the research is descriptive analysis by examining literature material using the Law approach, Concept Approach and Case Approach. The use of legal source materials consists of primary and secondary legal materials to discuss problem formulation. The research results show that: Visum et Repertum does not absolutely have to be present, but in criminal acts where the object is the human body, for example murder, assault, rape, it is best to be equipped with a Visum et Repertum. If several witnesses saw the occurrence of a crime, for example violence or abuse and this is supported by the defendant's statement and the judge is convinced of the defendant's guilt, then the defendant can be sentenced even if it is not accompanied by a Visum et Repertum. However, if there is a lack of evidence, Visum et Repertum can be used as evidence to strengthen the proof of a violent crime committed by someone. The position of post mortem et repertum even though the content is in the form of expert testimony given under oath and outside of a court hearing, and its qualifications are included as documentary evidence and not expert testimony evidence, and the qualifications are included as documentary evidence and not expert testimony evidence. And if the post mortem et repertum is linked to Article 1 stb. 1937 No. 350 can also be considered as expert testimony and expert testimony is valid evidence in article 184 KUHAP.
Pencegahan Kekerasan Fisik Terhadap Istri Oleh Suami (Studi Kasus Pada Polresta Pulau Ambon Dan Pulau-Pulau Lease) Stevano G Lekatompessy; Margie Gladies Sopacua; Iqbal Taufik
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12038

Abstract

Domestic violence, especially against wives, is a frequent legal action. The occurrence of several acts of domestic violence, especially against wives, can be said to be a victim. Related to violence against women is in the private or personal sphere, namely Relationships and Personal Domestic Violence at 79% (6,480 cases). Among others, there is violence against wives (KTI) with the first position of 3,221 cases (49%).Conclusion This study aims to examine and discuss the factors that cause husbands to commit physical violence against their wives, and also to examine and discuss efforts to prevent domestic violence so that husbands do not commit acts of physical violence against their wives. The research method used is empirical juridical with descriptive analytical type of research, legal data collection techniques, namely primary data and secondary data and analysis techniques using descriptive-qualitative. This analysis is a method of analyzing data that can be in the form of sentences or words that are carried out by analyzing, describing, interpreting, and presenting written or oral data based on its grouping, the purpose of which is to make the data more accurate.Victims; (2) Preventing domestic violence; (3) Submitting an application for a protection determination; and (4) Providing emergency assistance Factors causing husbands to act physically violent towards their wives include; (1) Domination Factors; (2) Psychological Factors; (3) Economic Factors; (4) Infidelity Factors, (5) Fatigue Factors; and (6) Environmental Factors. Efforts to prevent domestic violence so that husbands do not act physically violent to their wives include (1) Practicing religious teachings; (2) Communication; (3) Early education; (4) mediation; and (5) Legal Counseling or Socialization. In addition to the government, in the PKDRT Law there are also community obligations, where each individual who knows, hears.
Upaya Penanggulangan Anak Jalanan Oleh Dinas Sosial Kota Ambon Selvyana Warwuru; Sherly Adam; Ronald Saija
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12039

Abstract

Every child has the right to live, grow, develop and participate reasonably in accordance with the dignity of humanity, and receive protection from violence and discrimination and the Government is obliged to organize the maintenance and care of neglected children, both in institutions and outside institutions. This study aims to determine how the efforts and role of the Ambon City Social Service in overcoming Street Children in Ambon City.The research method used with empirical juridical research type. data collection techniques are observation, interviews and documentation. Legal materials used are primary legal materials and secondary legal materials. The data that has been collected is then analyzed through description using qualitative methods.The results showed that the role of the Ambon City Social Service for street children in Ambon City is as a parent, as a teacher and also as a supervisor and the countermeasures made by the Ambon City Social Service itself against street children are raids and street child screening, Social Guidance for families of street children, and providing nutritional assistance. In the efforts to overcome street children in Ambon City, the Ambon City Social Service is still classified as ineffective in tackling the problem of street children because there are no strict sanctions for parents of street children or certain individuals. To improve efforts to deal with street children, the Ambon City Social Service really needs a Halfway House to accommodate these street children.
Kajian Kriminologis Terhadap Tindak Pidana Pencabulan Anak Yang Disertai Kekerasan Sherly Pattianakota; Sherly Adam; Yanti Amelia Lewerissa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12040

Abstract

Crimes involving child molestation are categorized as criminal acts against morality, as regulated in the provisions of Article 289 of the Criminal Code and Article 4 paragraph (2b) of Law Number 12 of 2022 concerning Crimes of Sexual Violence. The aim of the research is to analyze and discuss the factors that cause criminal acts of child molestation accompanied by violence as well as analyze and discuss countermeasures in dealing with criminal acts of child molestation accompanied by violence by the Ambon Island Police and P.P. Leases. The research method used is empirical juridical research, the data sources are primary data and secondary data. Data collection techniques through observation, interviews, literature, documentation and qualitative descriptive analysis. The factors that cause the crime of child molestation accompanied by violence are environmental factors, consisting of (residential environment, family environment, and social relations), technological development factors such as the use of social media Facebook, the victim being easy to meet, the low level factor. Economy and unemployment and factor education. Mitigation efforts in dealing with criminal acts of child molestation accompanied by violence by the Ambon Island Police and P.P Lease, include preventive action, preemptive action and repressive action, including conducting counseling or socialization by the Binmas Unit in the form of legal education and appeals carried out in several places. . Policewomen activities through Goes To School by PPA Unit Officers, and PPA Policewomen in collaboration with victim assistants, namely P2TP2A (Integrated Service Center for Empowerment of Women and Children) Ambon City in the form of outreach. Investigators are carrying out law enforcement efforts against perpetrators of criminal acts of child molestation accompanied by violence.
Penyelesaian Kasus Pelecehan Seksual Di Kepulauan Kei Maluku Tenggara (Suatu Kejian Hukum Adat) Julia Afniasary Sulaiman; Reimon Supusepa; Steven Makaruku
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12041

Abstract

Indonesia is based on the rule of law, but acts that violate the law often occur, one of which is sexual harassment. The phenomenon of sexual harassment often occurs in society, both physically and non-physically, in other words, there are still many who violate the rules that have been made. In the issue of sexual harassment, gender reactions are complex and involve various aspects of human life such as morals, religion, and others. The type of research used by the author in preparing this writing is normative juridical legal research (normative legal research method). The normative juridical research method is legal research of libraries or secondary lists only. This research was conducted in order to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject matter. Research approach methods, namely the statute approach and the case approach. The results of the research concluded that laws governing women's rights to honor and dignity include prohibitions against hissing at women, pinching and defiling women. There are values ​​such as respect for the rights and dignity of women so that the slightest action that can hurt feelings or is intended to tempt women is strictly prohibited.
Pemberhentian Anggota Kepolisian Republik Indonesia Pasca Putusan Pengadilan Negeri Jakarta Pusat Nomor: 46/Pid.Sus Tpk/2020/Pn.Jkt.Pst Zulham Fandy Raharusun; John Dirk Pasalbessy; Dezonda Rosiana Pattipawae
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12043

Abstract

In 2020, through a decision of the Central Jakarta Corruption Court (Tipikor) Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst NB, he was proven to have received bribes from the convicted corruption case Bank Bali Djoko Tjandra, then sentenced to 4 years in prison and until now still has the status of an active member of the Indonesian National Police. Review and analyze the status of NB as a member of the Indonesian National Police after the Decision Against NB after the Decision of the Central Jakarta District Court Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst and the legal consequences of the Implementation of Government Regulation Number 1 of 2003 concerning Termination of Members Police of the Republic of Indonesia Against NB After the Decision of the Central Jakarta District Court Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst. The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this paper are primary, secondary and tertiary legal materials. The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this paper are primary, secondary and tertiary legal materials.Until now the termination of members of the Indonesian National Police against NB has not been carried out by the Code of Ethics Commission, so that NB as a defendant through the Decision of the Central Jakarta District Court Number: 46/Pid.Sus-Tpk/2020/PN.Jkt.Pst is still an active member of the police.
Tindak Pidana Persetubuhan Yang Dilakukan Secara Paksa Terhadap Anak (Putusan Nomor 119/Pid.B/2021/PN AMB) Wado, Riska La Ode; Sopacua, Margie Gladies; Fadillah, Astuti Nur
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12044

Abstract

This research discusses the application of material criminal law and criminal responsibility for perpetrators of criminal acts of sexual intercourse committed by force against children in this case. Purposes of The Research to analyze and discuss the application of material criminal law as well as examine and analyze criminal liability for perpetrators of criminal acts of sexual intercourse committed by force against children. Methods of The Research the research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively. Results of The Research the results of this research show that, in examining criminal cases, judges try to find and prove material truths based on the facts revealed in the trial, and stick to what is formulated in the public prosecutor's indictment. The element of unlawfulness is one of the parameters in determining personal responsibility for personal mistakes committed by the perpetrator. The perpetrator of the crime of sexual intercourse in this case has fulfilled the elements of the charges charged by the Public Prosecutor and therefore the perpetrator must be held accountable for his actions. The judge's legal considerations were in accordance with existing regulations by considering aggravating circumstances as well as mitigating circumstances based on the legal facts discovered in the trial.

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