27 research outputs found

    Law Enforcement of Fisheries Crimes Based on the Criminal Justice System

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    In an effort to prevent and eradicate Illegal Unreport Unregulated fisheries there are still obstacles faced by law enforcers including overlapping laws and regulations which lead to unclear which agencies are authorized to deal with fisheries issues Illegal Unreport Unregulated and facilities and infrastructure do not support supervision and law enforcement in the sea both from human resources and the technology used. For this reason, a model and strategy for law enforcement is needed that can be done in the prevention and eradication of Illegal Unreport Unregulated fisheries. This study aims to find out, analyze and find an ideal law enforcement model for the prevention and eradication of fisheries crime. The results of the study show that the ideal law enforcement model in the prevention and eradication of fisheries crime in the criminal justice system is coordination, cooperation, synchronization and transparency between the subsystems in the legal system, both legal substance (law), legal structure (law enforcement officers) and legal culture (mental attitude of law enforcement officers). Keywords: criminal justice system, fisheries crime, law enforcement. DOI: 10.7176/RHSS/9-13-07 Publication date:July 31st 201

    Kajian Kriminologis Terhadap Tindak Pidana Pencabulan Anak Yang Disertai Kekerasan

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    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

    Peran Visum Et Repertum Sebagai Alat bukti Dalam Perkara Tindak Pidana Kekerasan Bersama (Studi Putusan No. 348/Pid.B/2021/PN.Amb)

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    Expert testimony is a doctor's statement that can help investigators in providing evidence. The doctor's opinion should be stated in writing in the form of a health report called Visum Et Repertum. The research method used is normative legal research. The nature of the research is descriptive analysis by examining literature material using the Law approach, Concept Approach and Case Approach. The use of legal source materials consists of primary and secondary legal materials to discuss problem formulation. The research results show that: Visum et Repertum does not absolutely have to be present, but in criminal acts where the object is the human body, for example murder, assault, rape, it is best to be equipped with a Visum et Repertum. If several witnesses saw the occurrence of a crime, for example violence or abuse and this is supported by the defendant's statement and the judge is convinced of the defendant's guilt, then the defendant can be sentenced even if it is not accompanied by a Visum et Repertum. However, if there is a lack of evidence, Visum et Repertum can be used as evidence to strengthen the proof of a violent crime committed by someone. The position of post mortem et repertum even though the content is in the form of expert testimony given under oath and outside of a court hearing, and its qualifications are included as documentary evidence and not expert testimony evidence, and the qualifications are included as documentary evidence and not expert testimony evidence. And if the post mortem et repertum is linked to Article 1 stb. 1937 No. 350 can also be considered as expert testimony and expert testimony is valid evidence in article 184 KUHAP

    Upaya Penanggulangan Anak Jalanan Oleh Dinas Sosial Kota Ambon

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    Every child has the right to live, grow, develop and participate reasonably in accordance with the dignity of humanity, and receive protection from violence and discrimination and the Government is obliged to organize the maintenance and care of neglected children, both in institutions and outside institutions. This study aims to determine how the efforts and role of the Ambon City Social Service in overcoming Street Children in Ambon City.The research method used with empirical juridical research type. data collection techniques are observation, interviews and documentation. Legal materials used are primary legal materials and secondary legal materials. The data that has been collected is then analyzed through description using qualitative methods.The results showed that the role of the Ambon City Social Service for street children in Ambon City is as a parent, as a teacher and also as a supervisor and the countermeasures made by the Ambon City Social Service itself against street children are raids and street child screening, Social Guidance for families of street children, and providing nutritional assistance. In the efforts to overcome street children in Ambon City, the Ambon City Social Service is still classified as ineffective in tackling the problem of street children because there are no strict sanctions for parents of street children or certain individuals. To improve efforts to deal with street children, the Ambon City Social Service really needs a Halfway House to accommodate these street children

    Pertimbangan Hukum Hakim Terhadap Pelaku Tindak Pidana Perkosaan (Studi Putusan Nomor 451/Pid.B/2021/PN Amb)

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    ABSTRACT: The freedom of judges will be limited by statutory regulations (criminal procedural law), as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Code (KUHAP). So that in deciding cases of rape crime, it must have a clear basis of consideration and can provide a deterrent effect on the perpetrator. The aim of the research is to examine and analyze the judge's legal considerations for the perpetrators of the crime of rape and to examine and analyze the imposition of sanctions on the perpetrators of the crime in the perspective of the purpose of punishment. In this legal research, the authors use Normative Juridical legal research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing. The results of the research show that the judge's legal considerations for the perpetrators of the criminal act of rape study the decision number 451/Pid.B/2021/PN Amb, legally and convincingly proven guilty of committing the crime of rape. This is in accordance with the prosecutor's indictment, the defendant's statement, witness testimony, evidence, articles in the criminal law regulations and the defendant's background. The imposition of sanctions for the perpetrators of the crime of rape in the perspective of the purpose of sentencing is in accordance with sentencing and the defendant is given a criminal sanction of 10 (ten) years in prison, so what is the objective of sentencing and providing a deterrent effect on the perpetrators can be realized

    Kajian Kriminologis Terhadap Minuman Beralkohol (Sopi) Dengan Tindak Pidana Yang Terjadi Di Kabupaten Kepulauan Aru

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    The crimes that arise in the Aru Islands district due to the consumption of alcoholic drinks (sopi) have been increasing lately, so efforts must be made to resolve them so that no more crimes occur. This study aims to examine and discuss what crimes are caused by consuming alcoholic beverages (sopi) in the Aru Islands district. The type of research used in this research is empirical-juridical or sociological-juridical. The data sources used are primary data and secondary data. Techniques for collecting legal materials through interviews, documentation studies, and qualitative analysis of legal materials. The results of the study show that the factors causing the occurrence of criminal acts caused by consuming alcoholic beverages (sopi) are many, including unemployment, excessive alcohol consumption, and the fact that most people still use alcoholic beverages (sopi) as an outlet. The efforts made by the Aru Islands Police include conducting campaigns among teenagers as well as carrying out operations and enforcing the law against perpetrators of the distribution of alcoholic beverages (sopi)

    Kebijakan Penanggulangan Prostitusi Online Melalui Media Sosial

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    Introduction: The existence of a criminal law policy in an effort to combat online prostitution cannot be separated from the existence of cases of online prostitution in Indonesia. Purposes of the Research:  The current positive law regulations have not been able to tackle the crime of online prostitution through social media in Indonesia. So it needs to be reviewed in formulating criminal provisions relating to online prostitution to create a better arrangement in the future. Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The technique for reviewing and collecting primary, secondary and tertiary legal materials is to use documentation studies. The data analysis used in normative legal research is qualitative analysis Results of the Research: Based on the results of the study, it was found that the concept of online prostitution prevention policies through social media can be overcome with feminist policies so that they can position women according to conditions with criminalization, legalization and decriminalization approaches by eliminating criminal acts of online prostitution through social media based on the socio-cultural background of the Indonesian people and state, while other approaches can also be considered as a policy concept for overcoming the crime of online prostitution through social media. The policy of overcoming the crime of online prostitution through social media has been integrated with criminal law because online prostitution through social media can be handled using criminal law outside the Criminal Code which has a special nature, namely Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. the shortcomings of the Criminal Code, therefore in an effort to overcome the crime of online prostitution, policies are needed that can provide guarantees and protection to women as perpetrators of online prostitution with various policies and approaches born from socio-cultural values

    Criminal Policy on Destructive Fishing Activities in Serutbar, Indonesia

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    Fishing communities around the North Seram and North West Seran (Serutbar) Marine Protected Areas often carry out destructive fishing activities. This study aimed to examine and analyze criminal policies for destructive fishing activities in the Serutbar Marine Conservation Area. The research method used is normative legal research supplemented by a socio-legal approach. The approach used in this study is a statutory approach and a conceptual approach. The data collection technique is a literature study complemented by field data obtained through observation and in-depth stakeholder interviews. Furthermore, the data were analyzed qualitatively. Based on the research results, Gale-Gale Village and Sawai Village's fishing communities around the Serutbar Waters Conservation Area often carry out destructive fishing activities. The factors that cause them to carry out destructive fishing are economic needs; very simple fishing gear; the provision of assistance needs to be put on target; Pokmaswas being less empowered; and a lack of inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches. And a need for inter-agency oversight. Meanwhile, countermeasures to overcome destructive fishing can be carried out through penal and non-penal approaches

    Penyelesaian Kasus Perselingkuhan Melalui Sanksi Pidana Adat Di Kecamatan Pulau Wetang

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    The purpose in writing this is an affair that occurs either between a husband and wife of another person or between a husband or wife and another man or woman outside of the husband and wife relationship. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach then from the results of the description conclusions and suggestions can be drawn. The results of the study show that the form of settlement of cases of infidelity/adultery through customary fines is carried out by means of requests for accountability to men to marry girls or wives of people who commit adultery/adultery, if they do not fulfill requests to marry other people's girls or wives then they are obliged to do so. payment of customary fines to the girl or wife of the person who has been harmed as well as the form of customary fines which are intended as customary sanctions in the form of two gold moons the size of a palm, one basta, animal/livestock, cows and Completion of customary fines in cases of infidelity/adultery through customary criminal sanctions in Pulau Wetang District are not appropriate and positive law is not recognized, because the act of damaging property precedes the existence of a customary settlement which has received criticism and rejection from the local indigenous people to the Village Government and Saniri Negeri. The settlement of adultery or extramarital affairs should only be done through traditional forums by following the provisions of customary fines decided at the Saniri customary assembly, not by destroying the property of the parties who have committed adultery or adultery
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