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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 243 Documents
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Penegakan Hukum Terhadap Perjudian Togel Online Pada Polres Maluku Tengah Taufik Sabenjara Kalidupa; Sherly Adam; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10894

Abstract

ABSTRACK: This study aims to discuss Law Enforcement Against Online Togel Gambling at the Central Maluku Police and efforts to deal with online lottery gambling at the Central Maluku Police. The type of research used is empirical juridical research. Central Maluku Police research location. Population, sample and respondents Polres Investigators of Central Maluku Regency and 5 community members. Data sources are primary data and secondary data. Legal material collection techniques through interviews and documentation studies. Data processing techniques through editing and qualitative data analysis techniques. The results of this study indicate that the role of the Central Maluku Police in enforcing the law against online lottery gambling at the Central Maluku Police has been carried out in accordance with statutory provisions, but in carrying out law enforcement against online lottery gambling the role of the Police is still there are factors that influence law enforcement against online lottery gambling at the Central Maluku Police, including the legal factor itself or the law, factors of law enforcement officials, factors of facilities and infrastructure, community factors and servers placed in countries where gambling is legalized. Efforts to deal with online lottery gambling were carried out by the Central Maluku Police through preventive and repressive efforts. Preventive efforts include providing advice and counseling or outreach to schools and the community regarding online gambling and providing knowledge of the dangers and losses that can be obtained when carrying out online gambling. Repressive efforts include imposing sanctions on online tigel gambling actors by applying Article 303 and/or 303 bis of the Criminal Code and Article 27 paragraph (2) and Article 45 of the Electronic Information and Transaction Law.
Penipuan Berkedok Investasi Jenis Binary Option Muhammad Ajirifano Sahubawa; Deassy Jacomina Anthoneta Hehanussa; Jacob Hattu
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10895

Abstract

ABSTRACT: Fraud under the guise of Binary Option type Investment is one of the many scams under the guise of investment. To find out the modus operandi of fraud under the guise of investment, especially the type of Binary Option as well as legal remedies and legal protection from victims of fraud under the guise of investment of the Binary Option type, this research was made as an effort to prevent the public from financial losses due to fraud under the guise of investment. The research method used in this study is normative juridical with statutory, conceptual and case approaches. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively. The results of the study show that Binary Option investment is a form of online gambling disguised as an investment. Therefore, everyone who introduces and promotes Binary Options trading and similar things as an investment is clearly a fraud who wants to seek personal gain. Therefore, this research is needed to increase public literacy regarding investment as an effort to eradicate fraud under the guise of investment. Various modus operandi carried out by the perpetrator in an effort to smooth out the action, namely; creating and distributing social media content containing misleading information regarding the Binomo platform, creating fictitious trading courses, and trading fictitious trading robots. In addition, related legal remedies that can be taken to avoid Binary Option investment fraud are preventive legal remedies, which are carried out by reporting and categorizing all forms of investment offers that have a mechanism and system similar to Binary Options as a form of online gambling that violates statutory provisions.
Pembunuhan Tidak Disengaja Ditinjau Dari Hukum Pidana Menurut Pasal 351 KUHP (Studi Kasus: Putusan No 1/Pid.B/2022/Pn Amb) Juniati Laora Garoma; Julianus Edwin Latupeirissa; Iqbal Taufik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10896

Abstract

ABSTRACT: This research discusses the cases contained in the court decision No 1/Pid.B/2022/Pn Amb. Where Schwarcof Etus Kainama died with the perpetrator being Heron Doweeks Pattiwael who was sentenced to 4 (four) years in prison by the Ambon District Court Judge for being proven guilty of violating article 351 concerning severe maltreatment resulting in death. In this case, there was an element of unintentional found in the hostilities which the legal facts contained in the BAP, Eron was sentenced to 4 (four) years in prison for being proven against article 351 concerning severe maltreatment resulting in death. The research method used in studying and discussing this problem is normative juridical. The legal materials used are primary, secondary and tertiary legal materials. The results of the research on the elements of Article 351 of the Criminal Code in the decision No. 1/P.B/2022/Pn.Amb did not comply, this is because the decision did not find the element intentionally and accurately. Then the thing that became the basis for the Panel of Judges to sentence the perpetrators was the demands of the Public Prosecutor and by considering every piece of evidence in the dispute, the intentional intentional counter-attack can be interpreted as a form of overmacht or what is called the influence of coercive force.
Perlindungan Hukum Pidana Terhadap Doxing Menurut Undang-Undang Informasi Dan Transaksi Elektronik Intan Saripa Uweng; Hadibah Zachra Wadjo; Judy Marria Saimima
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10897

Abstract

ABSTRACT: Doxing is a deliberate public announcement through Internet media concerning one's personal data information by another without the consent of the data owner himself, whose purpose is to embarrass, threaten, intimidate or punish the individual identified, but doxing deeds are often performed in the digital era today that makes people feel they no longer have privacy. And doxing or cyberattacks by doxer (perpetrator of doxing) or cyberattacks were performed for the sake of satisfaction or personal gain that could harm doxing's victims themselves. The purpose of the study is to discuss the elements of doxing's criminal actions according to the information laws and electronic transactions and how the legal protection of doxing victims was provided by the information laws and electronic transactions. This research is a normative juridical research conducted with legislation approach, conceptual approach and case approach. The crime caused by the ease of person in accessing the internet is called cybercrime, one of the evils included in cybercrime is doxing. Doxing or online deployment of information with cyberstalking and cyberbullying shapes where personal person's personal information is searched and shared, thus violating their privacy and leading to further harassment. Doxing has elements: everyone, against the law, attacking someone's honor, alleging something to know common, in electronic forms and or electronic documents, and is done in electronic systems. In Indonesia, this related doxing regulation has existed only has not been formulated specifically. In the case of doxing, the victim is protected by ITE law. Regulated in Article 26 and the culprit can be required by article 46 and 48 ITE law. In addition to those listed in ITE laws, there are also other instruments governing related to doxing crimes.
Disparitas Putusan Pengadilan Negeri Ambon Nomor 32/Pid.Sus-TPK/2021/PN Amb Dengan Putusan Nomor 34/Pid.Sus-TPK/2021/PN Amb Heidy Mandaku; John Dirk Pasalbessy; Jacob Hattu
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10898

Abstract

ABSTRACT: Criminal disparity is a problem that has long been the center of attention of academics. Ambon District Court Decision Number 32/Pid.Sus-TPK/2021/PN Amb with decision Number 34/Pid.Sus-TPK/2021/PN Amb, the formation of the panel of judges is the same. The criminal acts committed were the same at the same time and place, however,but has the aim of analyzing and discussing the differences in the court decisions in the two cases and then discussing and explaining the causes of the differences in the two decisions . The type of research used in this research is normative legal studies. Normative legal research is legal research conducted by investigating literature or secondary data. Data sources used are primary data and secondary data. The data collection technique was carried out, namely searching for and collecting laws and regulations relating to the legal issues encountered. The results of the research showed that the difference in the Court's decision in the PN case in the Court's decision in the Ambon PN case Number 32/Pid.Sus-TPK/2021/PN Amb with decision Number 34/Pid.Sus-TPK/2021/PN Amb is First, the articles granted by the judges are different. II as a Commitment Making Officer (PPK), with the same job, but from the judge's decision for both cases the first decision of the panel of judges used article 2 (unlawful elements) and the second decision used article 3 (abuse of authority).
Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Jen Merlin Tukly; Hadibah Zachra Wadjo; Iqbal Taufik
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10899

Abstract

ABSTRACT: Pasal 20 Undang-Undang Number 35 of 2014 explains that those who are obliged and responsible for implementing child protection are the state, government, regional government, community, family, and parents or guardians. For this reason, it is necessary to have child protection which is the business and activities of all levels of society in various positions and roles. The purpose of this research is to explain and discuss forms of legal protection for child victims of violence and their obstacles. The type of research used in this research is normative juridical. With a statutory, case and conceptual approach. The legal sources used are primary, secondary and tertiary. The results of the first study, legal protection for children who are victims of violence can be realized through the provision of restitution and compensation to victims, medical services, and also in the form of legal assistance. Legislative provisions governing the protection of children who are victims of violence are in the Criminal Code, UU number 23 of 2002 concerning child protection, UU Number 23 of 2004 concerning the Elimination of Domestic Violence. against children who are victims of violence occurs due to several factors, namely: (1) lack of human resources; (2) lack of budget by the government; (3) inadequate facilities; (4) victims who find it difficult to ask for information or information because victims still feel afraid, ashamed, and traumatized; (5) the victims' families or relatives did not provide sexual education from an early age and (6) the community did not want to testify in police or court examinations for fear of facing the law.
Pemberhentian Penyelidikan Penyebaran Video Porno Oleh Direktorat Reserse Kriminal Khusus (Diskrimsus) Polda Maluku Rolan Fendri Lakoruhut; Reimon Supusepa; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10900

Abstract

ABSTRACT: The juridical study of dismissing investigations into the distribution of pornographic videos is the basis for investigators, in order to uncover a criminal act regulated in Law Number 44 of 2008 concerning pornography. The problems that can be raised are whether the case of spreading the Ambon selegram porn video is a crime and what are the juridical reasons for stopping the investigation by the Maluku Regional Police special criminal investigation directorate into the case of the Ambon selegram porn video distribution. The purpose of the research is to examine and the actions taken by vws and JP can be qualified as criminal acts of spreading pornography or not and to study and analyze juridical reasons by the directorate of special criminal investigation (Dirkrimsus) of the Maluku Regional Police. The type of research used is normative juridical. The approach used in this research is based on legislation, case approach and conceptual approach. The results of the study explain that pornographic acts are unlawful and for this reason, perpetrators can be held accountable for the law. In this context, criminal law is one of the means that is expected to be able to deal with pornographic crimes against vws and jp.
Upaya Kepolisian Dalam Menangani Tempat Kejadian Perkara Pembunuhan Di Jembatan Merah Putih Mikhael Patsy Riupassa; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10901

Abstract

According to Perkap 6 of 2019 in article 6 paragraph (1) regulates methods of carrying out investigations, one of which is TKP processing. Related to processing crime scenes to look for evidence, this can also be done in murder cases. Criminal acts of murder often occur in the midst of society. The initial police suspicion was that the victim died by committing suicide by dropping himself from the red and white bridge. However, when the police carried out further investigations, it was discovered that the cause of the victim's death was not suicide, but that the victim was deliberately thrown from the bridge by his two colleagues. This study aims to examine and analyze the efforts of the police in dealing with the crime scene on the red and white bridge and examine and analyze what factors are the obstacles for the police in handling the crime scene on the red and white bridge. This study uses Empirical Juridical Research. To analyze the problem, the Descriptive Analytical analysis technique is used with the technique of collecting and analyzing legal materials, namely Qualitative Analysis. The results of this study indicate that the process of handling a murder case at JMP, began with a public report regarding the discovery of a victim who was allegedly lifeless. again on the foundation of the pillars supporting JMP to Babinkantibmas,. Then the report was forwarded to the Ambon Bay Police. Regarding the processing of the TKP of the murder at JMP, the police referred to the Technical Instructions of the Indonesian National Police Number: 01/II/1982 concerning Handling of Crime Scenes (hereinafter referred to as JUKNIS 01/II/1982).
Tindak Pidana Pemerkosaan Yang Dilakukan Ayah Kandung Terhadap Anak Sindhi Maria Angini Pattiasina; Margie Gladies Sopacua; Denny Latumaerissa
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10903

Abstract

Rape is a very heinous, immoral and despicable crime and violates the norm whereby the victims are women, both adults and minors. The perpetrators of the criminal act of rape are often people who are known by the victim and some even have family relations and what is most concerning is a father who has the heart to rape his own biological child (incest). Purposes of the Research: to examine and analyze the factors that cause biological fathers to commit criminal acts of rape against children and efforts to deal with criminal acts of rape for children who experience criminal acts of rape. 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: Factors that cause the biological father to commit the crime of rape are low education and economic factors, lack of trust in the law, environment and residence, alcohol and lack of understanding of and efforts to counteract the crime of rape for children who have experienced the crime of rape is through the use of penal means, namely through criminal law, this effort is related to the implementation of legal rules and the enforcement of legal rules. Other actions using non-penal means, namely eradicating the circulation of pornographic videos, places that are usually used as tools for pornographic activities and holding outreach to the community and to schools about current sex education.
Pengaturan Obyek Pajak Restoran Di Daerah Berdasarkan Undang-Undang Nomor 1 Tahun 2022 tentang Hubungan Keuangan Antara Pemerintah Pusat dan Daerah Febry Loupatty; Salmon Eliazer Marthen Nirahua; Heillen Martha Yosephine Tita
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 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.v1i1.10906

Abstract

ABSTRACT: Until now there are no regional regulations regarding restaurant tax objects as a derivative of the implementing regulations of Law Number 1 of 2022. This has created a legal vacuum in the regions and there is no legal certainty for the public, especially taxpayers. The aim of the research is to find out and analyze the regulation of restaurant tax objects and their legal consequences in the regions based on Law Number 1 of 2022 concerning Financial Relations between the Central and Regional Governments. The research methods used are a statutory approach and a conceptual approach. The results of this research show that the regulation of restaurant tax objects based on Law Number 1 of 2022 has undergone regulatory changes which have been integrated into certain goods and services tax objects but have not been regulated in regional regulations. Regulation of restaurant tax objects in the regions can give rise to legal consequences, namely a legal vacuum so that regional tax collection still uses the old regional tax regulations, and the old regional regulations are declared null and void because they are juridically, materially flawed, namely contrary to the public interest/law higher.

Page 7 of 25 | Total Record : 243

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