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Kajian Kriminologis Terhadap Minuman Beralkohol (Sopi) Dengan Tindak Pidana Yang Terjadi Di Kabupaten Kepulauan Aru Luturmas, Resi; Adam, Sherly; Leasa, Elias Zadrach
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8403

The crimes that arise in the Aru Islands district due to the consumption of alcoholic drinks (sopi) have been increasing lately, so efforts must be made to resolve them so that no more crimes occur. This study aims to examine and discuss what crimes are caused by consuming alcoholic beverages (sopi) in the Aru Islands district. The type of research used in this research is empirical-juridical or sociological-juridical. The data sources used are primary data and secondary data. Techniques for collecting legal materials through interviews, documentation studies, and qualitative analysis of legal materials. The results of the study show that the factors causing the occurrence of criminal acts caused by consuming alcoholic beverages (sopi) are many, including unemployment, excessive alcohol consumption, and the fact that most people still use alcoholic beverages (sopi) as an outlet. The efforts made by the Aru Islands Police include conducting campaigns among teenagers as well as carrying out operations and enforcing the law against perpetrators of the distribution of alcoholic beverages (sopi).

Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Pencabulan Sirait, Ingrid Debora; Adam, Sherly; Sopacua, Margie Gladies
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2037

Introduction: Cases of criminal acts of sexual abuse against children, especially those handled by the Central Maluku Police, from 2021 to 2023, there were 9 (nine) cases of criminal acts of sexual abuse.Purpose of the Research: This research aims to enable investigators to know the child's personality and make it easier to carry out examinations. At the Central Maluku Police, since the start of the investigation process, children as victims of criminal acts of sexual abuse have not received rehabilitation either physically, psychologically or socially from P2TP2A Central Maluku.Methods of the Research: This type of research is normative juridical research using several approaches including the statutory approach, conceptual approach and case approach, using primary, secondary and tertiary legal material sources. Collection procedures The legal material used in this writing is a literature study (Library Research), which is descriptive qualitative in nature. In carrying out the study, this research also conducted interviews with police officers at the Women and Children Protection Unit at the Central Maluku Police.Result of the Research: The legal protection efforts carried out by the Central Maluku Police against children as victims of criminal acts of sexual abuse include the following: Confidentiality of the victim's identity; rehabilitation efforts; victims are entitled to legal aid and other assistance: providing protection and assistance during the prosecution investigation process until the trial process; obtaining information about the progress of the trial and always monitoring the development of the situation from the area where the victim lives; taking steps to cooperate with police ranks from various regions and from the Maluku Police; providing motivation and providing the best solution for the lives of children; and establishing communication and providing supervision for victims of criminal acts of sexual abuse who are still undergoing the process or who have completed the process. The obstacles faced by the Central Maluku Police in providing legal protection to children as victims of criminal acts of sexual abuse include law enforcement factors; community factors; facilities or facilities factors; cultural factors; and legal factors.

Pelaksanaan Rehabilitasi Terhadap Pecandu Narkoba di Kota Ambon Amrin, Andi; Toule, Elsa Rina Maya; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1009

Introduction: The implementation of rehabilitation for drug addicts in the city of Ambon is not yet in accordance with what is mandated by law.Purposes of the Research: This study also aims to analyze and discuss the implementation of rehabilitation for narcotics addicts in the city of Ambon in accordance with Law No. 35 of 2009 and to analyze and discuss the obstacles faced in the implementation of rehabilitation for narcotics addicts in Ambon City.Methods of the Research: The type of research used is normative juridical research using a statute approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: Although the implementation of rehabilitation is a recommendation by the Assessment Team to victims of drug abuse and drug addicts to carry out medical rehabilitation and social rehabilitation, all stages such as the stage of medical rehabilitation (Detoxification), the non-medical rehabilitation stage and the further development stage have not been carried out properly. Apart from that, the process of implementing rehabilitation for drug addicts is only carried out through outpatient treatment while inpatient treatment is never carried out so that the guarantee for narcotics addicts to receive medical rehabilitation and social rehabilitation in accordance with the mandate and objectives of drugs in the Law cannot be fulfilled properly. Obstacles in implementing rehabilitation for drug addicts in the city of Ambon include: The law or the law itself does not clearly regulate the availability of facilities (rehabilitation centers or places) and infrastructure (financial) to support the implementation of rehabilitation and there is still a lack of medical personnel and staff. - specialist staff to support the implementation of social rehabilitation and medical rehabilitation

Implikasi Autopsi Forensik Dalam Penyidikan Tindak Pidana Pembunuhan Sabono, Felia Naomi; Adam, Sherly; Lewerissa, Yanti Amelia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2103

Introduction: Forensic autopsy is the examination of a corpse after death to determine the cause and manner of death, and to identify possible disease or injury to the body of a deceased person.Purposes of the Research: The purpose of this study is to analyze and discuss the implications of a forensic autopsy in the investigation of a crime of murder and the obstacles encountered in the forensic autopsy process.Methods of the Research: In this legal research, writing uses normative juridical research, problem approaches namely statutory approaches, conceptual approaches, and case approaches. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: The results of this study indicate that the implications of a forensic autopsy in the investigation of a crime of murder can find and obtain material truth, namely the truth that actually happened and there were errors and can be held criminally responsible for the perpetrators of a crime of murder in an investigation of a crime of murder in the process of proving and can convince the judge in deciding the case. The obstacles encountered in the forensic autopsy process in the crime of homicide were the refusal of an autopsy from the victim's family, the absence of forensic experts, the lack of facilities and infrastructure to support the implementation of a forensic autopsy.

Kajian Kriminologi Terhadap Aksi Pencurian Kendaraan Bermotor Roda Dua Mahinano, Ririn; Adam, Sherly; Lewerissa, Yanti Amelia
TATOHI: Jurnal Ilmu Hukum Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i12.2113

Introduction: The crime of theft of two-wheeled motor vehicles is a crime against property that is not uncommon in developing countries. However, the level of public awareness of the importance of protecting personal property is often ignored, so there are easily many opportunities for criminals to carry out their evil actions.Purposes of the Research: to study and discuss the factors causing the theft of two-wheeled motor vehicles in the jurisdiction of the Ambon Island Police and Lease Islands. As well as to review and discuss the efforts of the Ambon Island Police and Lease Islands in handling the theft of two-wheeled motorized vehicles.Methods of the Research: In this study is empirical juridical. Research location of the Ambon Island Police and Lease Islands. Population is the entire research unit that will be researched and then analyzed, Sample is the set of the population, Respondents are people who will answer questions asked by researchers for research purposes. The data source used is primary data and secondary data. Data collection techniques are carried out by interviews and documentation studies. Data analysis techniques are carried out qualitatively.Results of the Research: Shows that the factors causing the theft of two-wheeled motorized vehicles in the jurisdiction of the Ambon Island Police and Lease Islands are: The economic factor is the most influencing factor so that a person can commit a crime. The educational factor, when associated with the background of the crimes committed, is that the average perpetrator has low education. Environmental factors, whether good or bad, a person's behavior is strongly influenced by his social environment. The factor of negligence of users of two-wheeled motorized vehicles, crime of theft often arises due to the negligence of the user himself, for example by forgetting to lift the key, not locking the motor starter and others. -Lease islands namely: Preemptive efforts are the initial efforts made by the police to prevent the occurrence of the crime of theft of two-wheeled motorized vehicles, preventive efforts are carried out to prevent crimes from occurring. Meanwhile, repressive efforts are efforts to take action in the form of arrests for further legal proceedings against perpetrators who commit theft of two-wheeled motorized vehicles.

Kajian Aspek Pidana Kepemilikan Kartu Tanda Penduduk (KTP) Indonesia Secara Ilegal Oleh Warga Negara Asing Mardiah, Ainun; Adam, Sherly; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 2 (2023): Volume 3, Nomor 2, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Introduction: Illegal possession of Indonesian identity cards (KTP) by foreign nationals (WNA) is still a problem that often occurs in the community. The requirement for a foreigner to have an Indonesian KTP is legally regulated in Law Number 24 of 2013 concerning amendments to Law Number 23 of 2006 concerning population administration. So whether the ownership of Indonesian KTP by foreigners has fulfilled the requirements of the provisions stipulated in the law.Purposes of the Research: The purpose of the study is to examine the criminal aspects of illegal ownership of Indonesian KTPs by foreigners and discuss the legal consequences. Methods of the Research: The method used in this study is normative juridical with a statutory approach, a concept approach, and a case approach. Legal material collection techniques use literature studies and legal material processing and analysis techniques using qualitative methods.Results of the Research: The results of the study show that the criminal aspects of illegal ownership of KTP by foreigners include the criminal act of forgery which in this case the ownership is invalid or inkrah because it does not meet the requirements for ownership of an Indonesian KTP that has been regulated in Indonesian laws and regulations.In the case of having an ID card illegally so that it causes the ID card to be a fake letter, the act of forgery has its own responsibility for the criminal acts that have been committed by the perpetrator.The legal consequences of illegal possession of Indonesian KTPs by foreigners can be processed legally and subject to article 263 of the Criminal Code because the ownership of the KTP is not found in accordance with article 63 of the Population Administration Law so that the KTP is fake or legally invalid. When making an ID card, the perpetrator involves civil servants, population and civil registration and bribes to issue the ID card so that based on article 55 paragraph (1) of the Criminal Code, the perpetrator can be subject to article 5 paragraph (1) of the Criminal Law to be held accountable for criminal acts that have been committed by the perpetrators

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