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Delik Adat dalam Sistem Hukum Pidana di Indonesia Patricia Pasapan; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The position of Customary offenses (customary crimes) in the Indonesian criminal law system has not yet been explicitly regulated. However, it cannot be denied that customary offenses still exist in Indonesian society, in line with the existence of customary law which includes customary criminal law found in each region across the country.Purposes of the Research: The purpose of this paper/research is to determine the position of customary offenses in the Indonesia criminal law system and to discover the process of handling criminal acts using customary criminal law. Methods of the Research: This research uses normative research methodology or literature study, which is later presented using descriptive research technique that is analysing and explaining the findings of the study.Results of the Research: This research found that, firstly, the criminal law system in Indonesia does not clearly regulate criminal offenses, however, in various regulations, it appears that recognition is given to the customary law which cannot be separated from customary criminal law that regulates the customary offense itself. Secondly, acts which are considered customary offenses will be resolved in a peaceful way by both conflicting parties with the involvement of their traditional leaders. The imposition of customary sanctions is given by agreement of both parties based on conscience and other considerations.

Pemalsuan Bukti C1 Rekapan Pada Proses Pemilihan Legislatif Marcellino Lessil; Elsa Rina Maya Toule; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The crime of forgery of letters committed by prospective members of the legislature, legally the crime of forgery that occurs is a form of general election crime.Purposes of the Research: This study aims to determine, examine, and analyze the application of the law and the reasons for termination in the case of falsification of evidence C-1 recap in the legislative election process. Methods of the Research: The research method in this writing uses a normative juridical research type. The research approach used is a statutory approach and a conceptual approach. The procedure for collecting legal materials uses library research, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach and a case approach. The procedure for collecting legal materials uses library research, as well as legal materials analysis techniques in this study using qualitative analysis techniques

Ancaman Pidana Terhadap Pelaku Eksploitasi Seksual Anak Oleh Penyidik (Studi Kasus di Polresta Pulau Ambon dan Pulau-Pulau Lease) Lixanya Felany Thenu; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Children in terms of national and state life are the future of the nation and the next generation of the ideals of the nation who have the right to survival, growth and development, participation, protection from acts of violence and discrimination. Purposes of the Research: This writing aims to examine and analyze the basis of investigators when giving criminal threats in the Minutes of Examination to perpetrators of child sexual exploitation and to analyze criminal threats against perpetrators of child sexual exploitation in accordance with the provisions of the legislation.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is the approach to legislation and the case approach. The procedure for collecting legal materials using library research, as well as legal materials analysis techniques is qualitative.Results of the Research: The basis for investigators in giving criminal threats to perpetrators of child sexual exploitation is the Law of the Republic of Indonesia No. 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons and Law no. 35 of 2014 concerning Child Protection because it was proven guilty of committing a criminal act of sexual exploitation of children. Criminal threats against perpetrators of child sexual exploitation in accordance with the provisions of the legislation, namely the Child Protection Act and the Criminal Act of Trafficking in Persons due to special minimum criminal sanctions in accordance with the provisions of positive law.

Tindak Pidana Kekerasan Dalam Rumah Tangga Menurut Kajian Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Misye Herlin Lesnussa; Reimon Supusepa; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 1, No 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The Domestic Violence is a violence that can categorized as frequent acts. The society thought a domestic violence is not a crime.Purposes of the Research: To analyze and examine the forms of dealing with domestic violence according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence.Methods of the Research: The research method in this writing is normative in the form of library materials, library materials are an in-depth basis (science) of research classified as secondary data, namely using legal materials. The legal materials referred to in the research used are in the form of personal letters, books, official documents, scientific literature and statutory regulations.Results of the Research: The results of the study show that law enforcement of physical violence in the household according to Law No. 23 of 2004 concerning the elimination of domestic violence is an effort to protect every act against someone within the scope of the household, but the reality in the field is that domestic violence is still happening, especially violence. physical for women and children.

Perlindungan Hukum Terhadap Anak Korban Perundungan di Lingkungan Sekolah Hadibah Zachra Wadjo; Denny Latumaerissa; Judy Marria Saimima; Patrick Corputty
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i1.1158

Introduction: Bullying can happen anytime and anywhere, both in the real world such as at school, at home, in restaurants, or in cyberspace, and can also happen to anyone, including school students.Purposes of Devotion: This service activity aims to find out about bullying, the types and juridical consequences of bullying so as to form understanding and legal awareness for PKM participants. Method of Devotion: Carrying out legal counseling activities in Talaga Hamlet, Piru, West Seram, through panel discussions in which the speaker conveys the material then followed by a question and answer session between the presenter and the participants.Results of the Devotion: Children as the nation's successors must be protected in their growth and development, including from crime or bullying/bullying. Legal protection for children who are victims of the crime of bullying is contained in Article 76C of Law Number 35 of 2014 concerning Child Protection, which substantially accommodates the prohibition against committing violence against children, then legal protection for children who are victims of bullying is not enough only through only repressive efforts, but it is much more effective if there are preventive efforts carried out, one of which is through legal counseling activities that must be carried out on an ongoing basis to foster legal understanding and awareness, as well as the active role of the school, parents and the surrounding community is very important to apply in life.

Penerapan Sanksi Pidana Terhadap Anggota Polri Yang Melakukan Penyalahgunaan Senjata Api Philicia Manuhutu; Saartje Sarah Alfons; Denny Latumaerissa
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 3, No 1 (2023): Volume 3, Nomor 1, April 2023
Publisher : Faculty of Law Pattimura University

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Introduction: Normatively, Indonesia is actually a country that is quite strict in implementing the rules of gun ownership for civilians. There are a number of legal bases that regulate this, starting from the level of the Law, namely Emergency Law Number 12 of 1951, Law Number 8 of 1948 and PERPU Number 20 of 1960. The rest are regulations issued by the Police such as the Chief of Police Decree No. Skep/244/II/1999 and Chief of Police Decree No. 82 of 2004 concerning the Implementation of Supervision and Control of Non-Organic Weapons. In fact, the use of firearms must be very sensitive and selective, not in every condition of handling crimes the police must show, point and even pop their firearms. In Perkap 01 of 2009 concerning the purpose of the use of force in police actions Article 2 states: The purpose of the use of force in police actions is: prevent, inhibit, or stop the actions of criminals or suspects who are attempting or carrying out actions that are against the law; prevent criminals or suspects from escaping or taking actions that endanger members of the Police or the public; protect themselves or the public from the threat of acts or actions of criminals or suspects that can cause severe or deadly injuries; or protect the honor of decency or property of oneself or the community from attacks that are against rights and / or threaten human life. Various cases of shooting or misuse of firearms by members of the police have resulted in the public becoming victims.Purposes of the Research: This article aims to analyze and discuss law enforcement for members of the National Police in the misuse of firearms and analyze and discuss the application of criminal sanctions against members of the National Police who misuse firearms.Methods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that in law enforcement against unscrupulous members of the National Police through the application of criminal sanctions in the misuse of firearms through efforts to overcome the misuse of firearms by members of the National Police are grouped into 2 groups, namely repressively and preventively. Repressively, against members of the Police who misuse firearms will be subject to action in the form of disciplinary sanctions and / or criminal sanctions as stipulated in the Criminal Code. Preventive efforts are carried out by tightening psychological tests and mental tests for the right to hold firearms, not allowing members with personal, family or official problems to borrow firearms, and retesting the right to hold firearms for Polri members who hold firearms. The application of criminal sanctions against unscrupulous members of the National Police who misuse firearms resulting in the death of members of the public based on the laws and regulations applicable to unscrupulous members of the National Police is legally processed through a trial process in court and based on the juridical and non-juridical legal considerations of the Judge so that the judge decided that the defendant Markus Manuhutu alias Max alias Maku was legally and convincingly proven guilty of committing a criminal act due to his negligence resulting in the death of another person in accordance with Article 359 of the Criminal Code and imposed a prison sentence on the defendant with a prison sentence of 2 (two) years and 6 (six) months.

Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme Zafania Helsa Siahaya; Juanrico Alfaromona Sumarezs Titahelu; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1595

Introduction: Laws and regulations regarding terrorism, in practice there are still those who commit criminal acts of terrorism in Indonesia by attacking vital objects and public facilities.Purposes of the Research: The research aims to examine and discuss the forms of legal protection given to children who are involved in terrorism crimes and to examine and explain the mechanism of legal protection for children who are involved in terrorism crimes. Methods of the Research: The research method used is normative juridical with descriptive analytical research type, the technique of collecting legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. The technique of analyzing legal materials is obtained from a qualitative classification.Results of the Research: The results of this study indicate that the legal protection given to children involved in terrorism crimes includes guaranteeing and protecting children's rights, such as the right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. And the Juvenile Criminal Justice System sees that the handling of children involved in terrorism crimes can be carried out with mechanisms such as an approach that purely prioritizes child welfare and an approach to legal intervention. The specificity of the juvenile justice process with the concept of restorative justice.

Pertanggungjawaban Pidana Terhadap Pelaku Eksibisionisme Delton Geisberth Jaranmassa; John Dirk Pasalbessy; Denny Latumaerissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1799

Introduction: In the development of modern times there are many changes that occur, both in technology, crime, even due to sexual deviation, in the Criminal Code in article 281 it reads that whoever intentionally and in front of other people who are there against his will violates decency. They are threatened with imprisonment for a maximum of two years and eight months, but in reality there are cases of crimes against decency, namely exhibitionism, which are not subject to punishment or acquittal.Purposes of the Research: The purpose of this research is to study and analyze exhibitionism acts that can be qualified as pornographic acts and to analyze the criminal liability of exhibitionism acts.Methods of the Research: The research method in this study is normative legal research, using a law approach, a case approach related to this research.Results of the Research: Based on research results. Exhibitionism can be qualified as action porn because the act of exhibitionism fulfills the elements of action porn where the act is carried out in a public place not through the media, so that exhibitionism acts are classified as a crime of decency but exhibitionism acts cannot be held criminally accountable, some can indeed be punished and there are also those who cannot be held criminally responsible because they fulfill the elements of article 44 of the Criminal Code, in which anyone who commits an act that cannot be held accountable to him because his soul is disabled in growth or disturbed by disease cannot be punished.

Penyelesaian Perkara Anak Sebagai Pelaku dan Korban Ditinjau Dari Asas Kepentingan Terbaik Bagi Anak Hadibah Zachra Wadjo; Elias Zadrach Leasa; Denny Latumaerissa; Judy Marria Saimima
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.306

In reality, specifically for the principle of the best interests of children who are accommodated in the Aanak Criminal Justice System Act not yet maximized to be applied in cases of children who are dealing with the law both against children as perpetrators and children as victims, which in the settlement of losses suffered by children as a victim of a criminal offense, it has not been concretely felt. Based on the explanation above, the problem that the writer wants to analyze is Is the settlement of the case of children considering the best interests of the child as the perpetrator and the child as the victim? Constraints in fulfilling the best interests principle for children as perpetrators and children as victims. The research method used is a type of empirical juridical research. The results showed that the fulfillment of the best interests of children in the case of children in conflict with the law must be supported by all relevant stakeholders so that children's rights can be implemented at all stages of the case inspection in accordance with the mandate of the Aanak Criminal Justice System Law and the Law related, it is not enough there, the fulfillment of the best interests must also continue to be supported back to the community. Obstacles in fulfilling the best interests of cases of children in conflict with the law, namely the lack of investigators for the protection of women and children, inadequate facilities or infrastructure, human resources both for women and children protection investigators and for assisting victims who are not yet qualified, lack of budget in case settlement children in conflict with the law.

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