Yanti Amelia Lewerissa
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

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THE Urgensi Ahli Linguistik Forensik Dan Psikologi Forensik Dalam Sistem Peradilan Pidana Terpadu Yanti Amelia Lewerissa
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10183

Abstract

The existence of information from forensic linguistics experts and forensic psychology experts is very much needed by law enforcement officers in the criminal justice system. to make light of a crime. The purpose of this study was to analyze the role of forensic linguistics and forensic psychology experts in helping law enforcement officers to seek and find the truth in order to make light of a crime. The research method used in this research is normative legal research which is complemented by social legal research. The approach used is a statutory approach and a conceptual approach. Data collection technique is literature study and analyzed qualitatively. The results showed that information from forensic linguistics experts and forensic psychologists could be requested from the start of the investigation phase even if required by the judge, forensic linguistics and forensic psychology experts could be presented in the trial process either by the public prosecutor or by the defendant's legal counsel, whose main purpose is assist law enforcement officers to make light of a crime. Thus, the existence of information from forensic linguistics and forensic psychology experts is very much needed in an integrated criminal justice system. However, there are some limitations such as lack of human resources, lack of legal knowledge possessed by experts, conflicts of interest and differences in paradigms from experts even though they have the same specifications are some of the obstacles that are often faced by law enforcement officers when faced with situations that require the role of an expert.
Penegakan Hukum Dalam Melindungi Sumber Kekayaan Alam Laut Dan Akibat Hukumnya Menurut UNCLOS 1982 Wahyuni Thovyan; Johanis Steny Franco Peilouw; Yanti Amelia Lewerissa
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.v1i1.10591

Abstract

Marine natural resources as stipulated in Articles 192 and 193 of UNCLOS 1982 make the community and may not do so. But there are still things to do, like one example of the case where baby lobsters were taken and explored in the Aru Islands area. the problem of the case that there were found two things, namely what are the arrangements regarding the obligations of the state and law enforcement in protecting marine natural resources, with the aim of knowing the two things that are the problem, which uses normative juridical methods with the Statute Approachh, Case Approachh, and Conceptual approaches Approach and using primary, secondary and tertiary legal materials. The results of this study indicate that, the regulation regarding state obligations is the fulfillment of the elements and responsibilities carried out. Then from law enforcement in protecting marine natural resources according to existing regulations and implemented according to applicable law, if applicable regulations are violated then there are sanctions for people who violate applicable regulations which have been regulated and given permission in the sale of buy the baby lobster if it comes in at the size specified by the permit then it can be exported out if otherwise it is not in accordance with the rules of the permit then anyone who violates it will be subject to criminal sanctions.
Kajian Kriminologis Terhadap Tindak Pidana Pencabulan Anak Yang Disertai Kekerasan Sherly Pattianakota; Sherly Adam; Yanti Amelia Lewerissa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.12040

Abstract

Crimes involving child molestation are categorized as criminal acts against morality, as regulated in the provisions of Article 289 of the Criminal Code and Article 4 paragraph (2b) of Law Number 12 of 2022 concerning Crimes of Sexual Violence. The aim of the research is to analyze and discuss the factors that cause criminal acts of child molestation accompanied by violence as well as analyze and discuss countermeasures in dealing with criminal acts of child molestation accompanied by violence by the Ambon Island Police and P.P. Leases. The research method used is empirical juridical research, the data sources are primary data and secondary data. Data collection techniques through observation, interviews, literature, documentation and qualitative descriptive analysis. The factors that cause the crime of child molestation accompanied by violence are environmental factors, consisting of (residential environment, family environment, and social relations), technological development factors such as the use of social media Facebook, the victim being easy to meet, the low level factor. Economy and unemployment and factor education. Mitigation efforts in dealing with criminal acts of child molestation accompanied by violence by the Ambon Island Police and P.P Lease, include preventive action, preemptive action and repressive action, including conducting counseling or socialization by the Binmas Unit in the form of legal education and appeals carried out in several places. . Policewomen activities through Goes To School by PPA Unit Officers, and PPA Policewomen in collaboration with victim assistants, namely P2TP2A (Integrated Service Center for Empowerment of Women and Children) Ambon City in the form of outreach. Investigators are carrying out law enforcement efforts against perpetrators of criminal acts of child molestation accompanied by violence.
Tindak Pidana Pencurian Dengan Pemberatan (Studi Pada Putusan Nomor 398/Pid.B/2022/PN.Amb) Paul Edward Mataheru; Yanti Amelia Lewerissa; Steven Makaruku
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 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.v1i2.12045

Abstract

The element of joint theft is defined as an act committed jointly, with the same intention as stipulated in Article 56 of the Criminal Code, namely participation in the act. Participation in committing is defined as "Committing together". In this context, of course, the perpetrators must be at least two people who commit the crime and who participate in the crime. This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques are carried out through literature study and analyzed using qualitative analysis methods to answer the problems in this writing. Based on Decision No. 398/Pid.B/2022/PN.Amb, the author concludes that the judge could have implemented Article 55 of the Criminal Code because the actions committed by the defendant were also included in the crime of participation (Medepleger). The author concludes that it would be very fair if the judge sentenced the defendant to Article 363 paragraph (1) 4th jo Article 55 of the Criminal Code. The author also concludes that the defendant has previously been convicted, the sentence should have been aggravated not only for 2 years, because the defendant's actions fall into the category of qualifying or certain crimes and the threat of punishment is also aggravated where the main elements of theft are the same as the elements of theft in Article 362 of the Criminal Code, while the special elements that aggravate the punishment are contained in many elements, for example in paragraph (4) of Article 363 which consists of several alternatives, namely the aggravation of the object element, which lies at the time or incident when the theft is committed; and the perpetrators are more than one (with allies).