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Erwin Ubwarin
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Ruang Departemen Hukum Pidana, Lantai 2, Fakultas Hukum Universitas Pattimura, Jalan Ir. M. Putuhena, Poka, Ambon, Maluku 97233.
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INDONESIA
Jurnal Belo
Published by Universitas Pattimura
ISSN : 24606820     EISSN : 26865920     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Belo, Merupakan bentuk pemikiran hasil kerjasama Masyarakat Hukum Pidana Kriminologi Indonesia (MAHUPIKI) Wilayah Maluku dan Maluku Utara dengan Fakultas Hukum Universitas Pattimura berupa kumpulan tulisan tentang pemikiran pengembangan hukum pidana dan kriminologi
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022" : 8 Documents clear
Legal Aspects of Involvement of the Indonesian National Army in Countering Terrorism in Indonesia Beny Abukhaer Tatara; Anastasya Sukma Kundhalini; Bisma Abdurachman; Pujo Widodo
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page187-205

Abstract

Terrorism is a crime that is included in the category of extraordinary crimes. So, to overcome it, it is necessary to carry out extraordinary measures, one of which is by involving military forces in this case the Indonesian National Army (TNI). The purpose of writing this article is to analyze the legal aspects of the involvement of the Indonesian National Army in countering terrorism in Indonesia. The research method used is qualitative with data collection techniques in the form of literature studies. The results of the study show that the involvement of the Indonesian National Army in counter-terrorism efforts is regulated in Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 concerning Eradication of Criminal Acts of Terrorism into Law, Law Number 34 of 2004 concerning the Indonesian National Army and Presidential Regulation Number 62 of 2016 concerning Amendments to Presidential Regulation Number 10 of 2010 concerning the Organizational Structure of the Indonesian National Army. Currently, the draft Presidential Regulation which is the mandate of the Amendment to the Law on Criminal Acts of Terrorism to serve as a guide for the involvement of the TNI in the task of assisting the handling of terrorism has been discussed and approved by the House of Representatives (DPR RI), it is just waiting for the President signature to be ratified.
Karakteristik Tindak Pidana Pemilu (Pemilihan Umum) dan Opsi Pembagianya Kholilur Rahman; M Djalil; Jamil Jamil
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page136-148

Abstract

Election Crimes are criminal acts with administrative character (administrative penal law) because they threaten criminal sanctions for administrative of administrative crime is guided by the ultimum remedium principle, namely using criminal sanctions as the last alternative after prioritizing administrative sanctions. However, because criminal offenses ini elections have different destructive powers against elections, there should be a clear classification between each election crime. This means that even though they are included in the administrative penal law category, not all of them adhere to the ultimum remedium principle. This papare will discuss the characteristics of election crimes and aims to propose a clustering of election crimes based on certain measures, so that in their enforcement it is not gereralized between different criminal offenses. This paper uses a normative research method with conceptual opproach and statuta approach.
Penerapan Sistem General Rules dan Special Rules dalam Undang-Undang Khusus Dianita Rahma Nugraheni; Pujiyono Pujiyono
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page149-160

Abstract

The essence of criminal law reform is the renewal of intellectual conceptions or philosophical activities. The implementation of the integrated system between "general rules" and "special rules" in the substantive criminal system in Indonesia is not yet ideal. Understanding of the criminal system that should be based on the main provisions, namely the Criminal Code/WvS tends to be ignored. Such conditions will be more complicated when the reform of the Criminal Code is drafted and is not handled intelligently and wisely by the legislature in its formulation stage. The research conducted is normative legal research or literature study. Learning about the criminal system in the main provisions of the Criminal Code must be integrated with the criminal system of the Draft Criminal Code in the criminal law curriculum in higher legal education. This is intended so that students' understanding can also develop so that when the Criminal Code Bill is passed it will be easy to implement it. Based on the statement above, this paper was prepared with the hope of providing an initial overview for law students and law enforcement officers to be able to determine their attitudes and prepare their competencies.
Criminal Liability Against Livestock Owners That Damage Other People's Gardens Achmad Surya; Suhartini Suhartini
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page161-172

Abstract

In criminal law, owners who allow their livestock to damage other people's land or gardens can be held legally responsible, as regulated in Article 549, paragraph 1 of the Criminal Code. However, in practice in the field, there are still people who keep their livestock in other people's gardens. This study aims to examine criminal sanctions against livestock owners who damage other people's gardens and criminal liability for those who damage other people's gardens. This type of research is juridical empirical by using primary data and secondary data. The results show that Criminal sanctions against livestock owners who enter other people's gardens may be subject to fines or compensation for parks damaged by livestock. If the penalties are not implemented, they can be replaced with imprisonment for 14 (fourteen) days. At the same time, criminal liability to livestock owners who enter other people's gardens can only be resolved amicably or peacefully at the village level through the traditional sarak opat institution.
Women And Physical Violence in The Household During The Covid-19 Pandemic Margie Gladies Sopacua
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page173-186

Abstract

On April 13, 2020 it was declared a "national disaster" through Presidential Decree No. 12 of 2020 concerning the Determination of Non-Natural Disasters Spreading Corona Virus Disease 2019 (Covid19) as a National Disaster. During the Covid-19 Pandemic, data collected from service institutions or data collection forms for the Women's National Commission (Komnas) were 8,234 cases, the most prominent types of violence against women were in the personal or private sphere, namely domestic violence and personal relations, namely: as much as 79% (6,480 cases). Among them there is violence against wives (KTI) which ranks first 3,221 cases (49%). The government in overcoming criminal acts of violence that occur in the household, especially for women as wives, is one of them by making policies through the promulgation of the PKDRT Law. However, domestic violence cannot be overcome only by the formation of the law. Physical violence is violence in the form of an action which in this case will have an impact on pain by slapping, hitting, kicking and so on which causes minor or serious injury to someone. To overcome the problem of domestic violence against women as wives, it can be seen that the Criminal Law Policy Against Physical Violence for Women in the Household can be carried out through three (3) stages, namely; Pre-emptive efforts are efforts made by the police to prevent the occurrence of criminal acts.
The Exclusion of the Value of Justice in Court Rooms Wilshen Leatemia; Ekberth Vallen Noya; Welly Angela Riry; Muammar Muammar
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page206-216

Abstract

This article wants to criticize the practice of adjudication (judicial) which is legalistic in nature, if a judge is legalistic, then of course the basis for the judge's consideration is the law alone, regardless of what is outside the law, because in a criminal act Of course there are many factors that influence and there is also an element of cause and effect that occurs. Court judges as legal institutions that are in direct contact with a sense of justice should be able to consider outside the law. The judge is not a mouthpiece of the law, but the judge is a giver of a sense of justice. Therefore, the judge's decision is expected to be able to actualize the values ​​of Pancasila and also the judge's considerations not only based on the law alone, the State of Indonesia has a state of law, therefore as a legal state its legal products must be truly fair and able to fulfill the sense of justice sought. by the community, so that people no longer feel that this country is unfair or that the law is indiscriminate. The term legism should not be the basis for consideration of the judge's decision, but rather be a source of consideration by the judge, thereby fulfilling the sense of justice sought by the community.
Government Policy Instruments In Combating Illegal Fishing In Maluku Province Sherly Adam; Hisnindarsyah Hisnindarsyah
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page217-237

Abstract

The practice of illegal fishing in Indonesian waters is increasingly, especially in the waters of Maluku. This can be seen in the rising prevalence of illegal fishing by foreign vessels in several Maluku waters, which have a wealth of fishery resources with great potential. Indonesia already has a Law that regulates the problem of illegal fishing, namely Law No. 31 of 2004 concerning Fisheries. However, because of the increasingly complex problem of illegal fishing in Maluku waters, the law's implementation has been ineffective. As a result, the Maluku government has a role to play in combating illegal fishing in Maluku Province. The method used in this study is normative juridical research. The results showed that policy instruments that can be used by the government in combating the problem of Illegal Fishing in Maluku waters through minimal or preventive actions through the development and strengthening of the supervision system (law enforcement) at sea and maximum or repressive actions through government decisive actions by sinking and burning vessels resulting from criminal acts in accordance with the applicable law. The role of the Maluku Provincial Government and law enforcement officials is needed in combating an illegal, unreported, and unregulated (IUU) Fishing perpetrators based on applicable laws and regulations so that it can provide a deterrent effect for perpetrators in addition to increasing regional and international cooperation in combating an illegal, unreported, and unregulated (IUU) Fishing.
Garis Perbedaan Penipuan dan Wanprestasi Dalam Hukum Pidana Erwin Ubwarin
JURNAL BELO Vol 8 No 2 (2022): Volume 8 Nomor 2, Agustus 2022
Publisher : Criminal of Law Department, Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/belovol8issue2page238-251

Abstract

Wanprestasi dan Penipuan berada di garis abu-abu yang sering menjadi perdebatan antara jaksa dan penasehat hukum dalam proses peradilan pidana.Proses penyelidikan dan penyidikan tindak pidana penipuan atau perbuatan wanprestasi harus memperhatikan perbuatan yang dilakukan apakah merupakan sebuah perbuatan pidana atau bukan, karena jika bukan makan perbuatan wanprestasi tersebut jika maka majelis hakim memutuskan untuk lepas dari segala tuntutan hukum (onslag van recht vervolging). Jika memang unsur sudah terpenuhi dalam Pasal 378 KUHP yang berbunyi “Barang siapa dengan maksud untuk menguntungkan diri sendiri atau orang lain secara melawan hukum, dengan memakai nama palsu atau martabat palsu, dengan tipu muslihat, ataupun rangkaian kebohongan, menggerakkan orang lain untuk menyerahkan barang sesuatu kepadanya, atau supaya memberi hutang maupun menghapuskan piutang. Maka penyidik tidak perlu takut. Hal penting lainnya adalah adanya niat awal untuk penipuan. Tulisan ini menggunakan metode penelitian normatif dengan pendekatan konseptual dan perundang-undangan.

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