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All Journal TATOHI: Jurnal Ilmu Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum SASI
Iqbal Taufik
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Sindikat Peredaran Narkotika Di Lembaga Permasyarakatan Mespy M Selanno; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Narcotics are becoming more and more rampant, after the police managed to capture the prisoners in Class II A Ambon Prisons.Purposes of the Research: The purpose of this study was to determine the causes of drug trafficking in the Class II A Ambon prison. Methods of the Research: The research method used is normative juridical where legal norms are used as the basis for knowing the illicit trafficking of narcotics in public institutions.Results of the Research: The results showed that the role of prisons in efforts to enforce criminal law and with sentencing is to return the prisoners to the community so that they can mingle and play a role again as free and responsible members of society. Correctional institutions as a place of guidance for inmates to improve themselves, do not repeat criminal acts so that they can be accepted back by the community, have turned into the biggest drug trafficking hotbeds and at the same time new drug dealers. In fact, most of the drug trafficking in Indonesia is controlled from prisons. The cause of illicit drug trafficking among the Class II A Ambon Correctional Institutions is also caused by the lack of supervision and control by the Ambon Class II A Prison officers themselves. The still use of telecommunication tools among the public will find communication findings with people outside prisons (narcotics couriers), so that it will directly facilitate the action of illicit narcotics trafficking. There is also the involvement of unscrupulous correctional officers as a syndicate of illicit narcotics trafficking and this is also a trigger for the increase in the illicit circulation of narcotics among the community.
Pemenuhan Hak Anak Korban Pornografi Dalam Sistem Peradilan Pidana Anak Paramitha Agustina Grace Wakim; Sherly Adam; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The fulfillment of the rights of child pornography victims is contained in the Child Criminal Justice System Act and Based on the context of Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection and Government Regulation (PP) Number. 40 Year 2011 On The Development, Mentoring and Recovery of Children Victims and Perpetrators Ponography. Legal protection of children and their rights as victims and perpetrators of pornography do not seem to have received serious attention even though it actually depends on how a country finds a leader who cares about children.Purposes of the Research: This paper aims to analyze and discuss the fulfillment of the rights of child pornography victims in the Child Criminal Justice System.Methods of the Research: Research methods are used with normative juridical research types. The problem approach used is the legal approach, concept analysis approach, case approach, Source of legal materials used primary legal materials and secondary legal materials. Collection techniques through literature studies and then analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the fulfillment of the rights of child pornography victims has not been fulfilled properly in accordance with Law No. 11 of 2012 on the Criminal Justice System of Children. This means that the Child Protection Act has not been balanced with the implementation of child protection. This is because there are still obstacles faced in the fulfillment of the rights of children victims porngrafi. The fulfillment of the rights of children victims of pornography in the legislation include: the right of mentoring, the right of health services, the right of guidance, the right of protection and in Government Regulation No. 40 of 2011 on the guidance, mentoring, and recovery of children who are victims and perpetrators of pornography according to Article 20 is done by means of mentoring: counseling, psychological therapy, social advocacy, improving ability and willingness, providing access to health services and / or legal assistance.
Penerapan Sanksi Pidana Bagi Pelaku Tindak Pidana Penggelapan Uang Cash On Delivery dalam Putusan Pengadilan Nomor: 139/Pid.B/2020/PN.Amb Devi Neng Hartanti; Juanrico Alfaromona Sumarezs Titahelu; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The criminal act of embezzlement by weight, namely where the perpetrator of the wrongdoing or the act is very diverse. Not only taking money and making false reports, but the perpetrators also have a burden of responsibility in the form of special elements that are burdensome and also family. This article analyzes the application of criminal law against the perpetrators of embezzlement of cash on delivery (COD) in court decision number 139/Pid.B/2020/PN.Amb.Purposes of the Research: This writing aims to analyze and discuss the legal considerations of the judge in making a verdict on the criminal act of embezzling Cash On Delivery (COD).Methods of the Research: The research method in this writing uses a normative juridical research type because the focus of the study departs from the analysis of the judge's decision, using the following approaches: statute approach and case approach. Legal material collection techniques use library research techniques, as well as legal material analysis techniques in this study using qualitative analysis techniques.Results of the Research: Based on the results of the research, it was found that the application of criminal law against the criminal act of embezzlement of cash on delivery (COD) in decision Number 139/Pid.B /2020/PN.Amb that the article charged by the public prosecutor against the defendant was Article 374 of the ciminal code. it has been proven that all the elements contained in the article have been fulfilled, the verdict handed down by the judge, namely imprisonment for 2 (two) years and 7 (seven) months, is lower than the criminal threat in the demands of the public prosecutor, namely 4 (four) 6 (six) months and Article 374 of the ciminal code, namely the maximum imprisonment of 5 (five) years. The legal basis for the judge's consideration in making a decision on the crime of embezzlement of cash on delivery (COD) in decision number 139/Pid.B/ 2020/PN.Amb is juridical and non-juridical considerations
Penanggulangan Penambangan Emas Illegal Alva Viere Niwele; Fioren Mataheru; Iqbal Taufik
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introductioan: The background of this writing is based on the facts which show Regency of Buruh is one of the districts with very rampant illegal gold mining activities, especially those carried out by the community. This is inseparable from various factors that cause illegal gold mining activities, both social, legal and economic factors.Purposes of the Research: This paper aims to describe the efforts to control the illegal gold mining activities of Mount Botak in Labor District, both those carried out by licensed companies and the community carried out conventionally. Methods of the Research: The research method used is normative juridical. do not yet have a People's Mining Business Permit, and 25 units of soaking tubs using cyanide and mercury are still found around the riverbanks around Mount Botak. Results of the Research: Overlapping mining permits, the absence of synergy between law enforcement officers in handling criminal acts in the mining sector, there is still a lack of public awareness of the impact of traditional mining, polluted the environment due to the disposal of mercury and cyanide waste, as a result of From this pollution, some babies born have structural defects in the form of physical abnormalities and functional disabilities such as Down syndrome. These defects occur because while their mothers are pregnant they consume water that has been contaminated with mercury and cyanide waste.
Penyalahgunaan Senjata Tajam Oleh Masyarakat Adat Ratu Boi Maira Suat Pasai; Reimon Supusepa; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1113

Abstract

Introduction: Prohibited acts other than firearms and explosives include those that are not firearms because it is prohibited to carry bats, stabbing and stabbing tools.Purposes of the Research: To describe the abuse and the factors that hinder the legal handling of sharp weapons by indigenous peoples. Methods of the Research: This research method is a type of empirical juridical research, or called field research, examining applicable legal provisions, and its actual actions that occur in society itself.  Results of the Research: Misuse of sharp weapons by Indigenous Peoples in Waesama Subdistrict, South Buru Regency and the occurrence of murder cases due to carrying sharp vessels in the form of machetes in the general environment of the community, saying that "carrying sharp weapons has become their habit for generations, which is always carried wherever they travel both in the forest and the general environment of the community and part of their activity. The factors hindering the legal handling of sharp weapons abuse in Waesama District, South Buru Regency, are caused by internal and external factors. Internal factors are the existence of a habit that is cultivated, the curator of awareness and knowledge of indigenous peoples is lacking. Meanwhile, extenal factors are religious and educational factors.
Perlindungan Hukum Terhadap Pelaku Tindak Pidana Yang Menjadi Korban Penganiayaan Massa Frits Jesaldi Leunupun; Sherly Adam; Iqbal Taufik
TATOHI: Jurnal Ilmu Hukum Vol 2, No 11 (2023): Volume 2 Nomor 11, Januari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i11.1452

Abstract

Introduction: Indonesia as a state of law is obliged to provide legal protection for citizens who get acts of violence or persecution both as perpetrators and as victims of criminal acts.Purposes of the Research: This study aims to analyze and discuss legal protection arrangements for criminals who are victims of mass persecution in criminal law in Indonesia and analyze and discuss forms of legal protection for criminals who are victims of mass persecution. Methods of the Research: The research method used is normative juridical research. The problem approach used is the statutory approach, the conceptual analysis approach and the case approach. The legal materials used are primary and secondary legal materials. The collection technique uses a literature study as well as processing techniques and analysis of legal materials through description using qualitative methods.Results of the Research: The results of the study indicate that the regulation of legal protection for perpetrators of criminal acts who are victims of mass has not been clearly regulated because the legal protection arrangements in the legislation for victims to become perpetrators of criminal acts are still separate, where the arrangements for victims and perpetrators are still separate. criminal acts are regulated respectively in the laws and regulations of criminal law in Indonesia and forms of legal protection for perpetrators of criminal acts who are victims of mass persecution include medical services and restitution, medical services are provided to victims of crime by undergoing treatment in hospitals and restitution namely the provision of compensation given by the defendant/perpetrator to the victim of a crime because even though it is the perpetrator of a crime who later becomes a victim, protection can be given as a manifestation of the protection of human rights.
Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan yang Dilakukan Masyarakat Pada Masa Pandemi Covid-19 di Kota Ambon Sherly Adam; Reimon Supusepa; Jacob Hattu; Iqbal Taufik
SASI Vol 27, No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.441

Abstract

This study aims: 1. To determine and analyze law enforcement against violations of health protocols during the Covid-19 pandemic in Ambon City. 2. To find out and analyze the application of sanctions for violations of health protocols committed by the community during the Covid-19 pandemic in Ambon City. This research was conducted using a normative juridical research using a statutory approach, a conceptual analysis approach which is a descriptive study of qualitative analysis. The results of this study indicate that Law Enforcement against violations of health protocols during the Covid 19 pandemic in Ambon City is carried out based on statutory regulations, by limiting Community Activities (PKM), Large-Scale Social Restrictions (PSBB) as a form of law enforcement against health protocol violations. during the Covid 19 pandemic in Ambon City through socialization in preventing the spread of the Covid 19 virus and Large-Scale Social Restrictions (PSBB) by applying sanctions against offenders. However, law enforcement against violations of health protocols has not been carried out properly. This is due to the fact that health protocol violations are still occurring in Ambon city. 2. Imposing sanctions for violations of health protocols during the COVID-19 pandemic in Ambon city which is regulated in the Ambon City Mayor's Regulation on PSBB by applying written warning sanctions, administrative sanctions, social sanctions and criminal sanctions to violators. However, the application of sanctions against violators has not provided a deterrent effect on health protocol violators.
Co-Authors Alva Viere Niwele Devi Neng Hartanti Fioren Mataheru Frits Jesaldi Leunupun Jacob Hattu Juanrico Alfaromona Sumarezs Titahelu Mespy M Selanno Paramitha Agustina Grace Wakim Ratu Boi Maira Suat Pasai Reimon Supusepa Sherly Adam