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All Journal TATOHI: Jurnal Ilmu Hukum SASI
Yanti Amelia Lewerissa
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Kajian Yuridis Terhadap Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi Jefta Ramschie; Reimon Supusepa; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 7 (2022): Volume 2 Nomor 7, September 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i7.1132

Abstract

Introduction: The improvement of society's social life, science and technology, has resulted in the growing of criminal acts. Purposes of the Research: The aim of this study is to analyze the criminal liability of the corruption perpetrators and the judges considerations in deciding the case. Methods of the Research: The type of research that used is "Juridicial Normative" research, which is descriptive analysis, statute approaches, Case Approaches, Conceptual Approaches. The technique of collecting law materials is through literature study, then the analysis of Law is qualitative.Results of the Research: The result of the research showed that The Judges of Ambon District Court, sentenced LI as the Head of Ambon City Environment and Waste. The primary consideration in imposing a criminal offense using Article 2 verse (1) is the End Year bonus payment started from 2019-2020. Therefore the Judges conclude that none of the elements of Article 2 verse (1) have been fulfilled. It’s proper to consider elements of the chapter against perpetrators of corruption, professional/office of the perpetrator should be considered.
Manfaat Pemidanaan Dalam Penanggulangan Tindak Pidana Narkotika Milton Lilipory; John Dirk Pasalbessy; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1461

Abstract

Introduction: The criminalization of narcotics offenders is often subject to heavy penalties, but for potential perpetrators there is no deterrent effect, even recidivist or repeat offenders never feel deterred. Therefore, it is necessary to find alternative solutions to narcotics abuse more effectively so that it can have a deterrent effect on both the perpetrators and potential perpetrators.Purposes of the Research: The purpose of this study is to analyze and explain the meaning and purpose of imposing criminal sanctions against narcotics abuse, so that the perpetrators or potential perpetrators become deterrent, as well as to discuss the purpose of imposing heavy penalties for perpetrators of drug abuse in terms of the theories of the purpose of punishment that have been adopted in the development of criminal law. Methods of the Research: The method used in this study is a normative juridical method with a statutory approach, a conceptual approach and a case approach. The legal materials used are library law materials. Thus, the legal materials studied and analyzed in normative legal research consist of primary legal materials, such as legislation, secondary legal materials in the form of legal literature, consisting of books, scientific journals, legal documents and so on, as well as legal materials. tertiary in the form of legal dictionaries, encyclopedias and so on.Results of the Research: Based on the results of the study, it is shown that the imposition of serious crimes against narcotics traffickers is not always able to solve the problem of lawbreakers, both seen from the theories of classical criminal law, modern criminal law and new classical criminal law. This is reasonable because the prevention of crime lies not only in the model or duration of the punishment given and served later, but on the criminal system adopted in a country that it adheres to. The problem of whether or not a person is deterred is not determined by how much sanctions are given, because the provision of sanctions and whether or not a person is deterred depends on the attitude of people and society towards the crime he feels.
Penyelesaian Pelanggaran Kode Etik Profesi Bagi Anggota Kepolisian Yang Melakukan Tindak Pidana Penganiayaan (Studi Kasus Pada Polda Maluku) Dinnera Ester Agatha Suripatty; Elsa Rina Maya Toule; Yanti Amelia Lewerissa
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1863

Abstract

Introduction: The National Police is an agency that protects public safety, but now many people are caught committing acts that disturb security and even abuse the community. The existence of these violations adds to the long black list of increasing violations of discipline and the code of ethics committed by members of the National Police.Purposes of the Research: know the procedures for the judicial process and settlement of violations of the Professional Code of Ethics against members of the Ambon City Police who commit criminal acts of persecution. As well as to find out the form of sanctions against members of the Ambon City Police who committed criminal acts of persecutionMethods of the Research: The type of research used in this study is empirical juridical. The research location is the Maluku Regional Police. The population is the entire research unit that will be examined and then analyzed.Results of the Research: There is a Court Decision No.29/Pid.B/2021/PN.Amb which handed down the TK Iptu with criminal decisions and other cases of abuse committed by the TK Iptu. Disciplinary Sanctions that do not cause a deterrent effect and the implementation of the KKEP trial have followed the procedures as in Police Regulation Number 7 of 2022 concerning the Professional Code of Ethics and the Code of Ethics Commission, so the KKEP Decision (Professional Code of Ethics Commission) in the case of PTDH examined Iptu Kindergarten is in accordance with procedures within the National Police as well as in a code of ethics hearing by the Professional Code of Ethics Commission (KKEP) decided that the Iptu TK was dismissed with a dishonorable discharge decision (PTDH). The violators are now making an appeal by submitting it to the appeals commission and are currently in the administrative process.
Kebijakan Kriminal Perburuan Burung Wallacea Di Kepulauan Aru Yanti Amelia Lewerissa
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.310

Abstract

Hunting for birds in the Aru Islands as one of the Wallacea regions is a crime that must be overcome to prevent the destruction of Wallacea bird species in Indonesia. This study aims to analyze how the criminal policy of hunting Wallacea birds in the Aru Islands. The research method used is normative jurudic, i.e. analyzing library materials or searching documents related to the problem under study. The approach used is the statutory approach and conceptual approach. Source of data used are secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods are the study of literature and analyzed qualitatively. The results showed that hunting birds on the Aru Islands if left unchecked would threaten Wallacea bird species. Efforts to control the crime of bird hunting can be done by using means of punishment and non-punishment. Non-penal means that can be applied through the application of Sasi Cenderawasi and Sasi Walet as a form of local wisdom of the Aru people in maintaining the balance of nature in which they live. While the means of punishment through the application of legislation relating to hunting animals (birds). It is hoped that the Government can add forest police personnel or Nature Conservation Center officers, improve facilities / infrastructure as support activities for the protection and supervision of the nature reserve area. In addition, community participation must be increased through awareness to obey the Sasi rules as local wisdom.
Co-Authors Dinnera Ester Agatha Suripatty Elsa Rina Maya Toule Jefta Ramschie John Dirk Pasalbessy Milton Lilipory Reimon Supusepa