p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal LUTUR Law Journal
Yeheskel Wessy
Fakultas Hukum Program Studi Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya, Tiakur, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Penyelesaian Kasus Perselingkuhan Menurut Hukum Adat Di Desa Lolotuara Kecamatan Pulau Lakor Kabupaten Maluku Barat Daya Hadibah Zahra Wadjo; Yeheskel Wessy; Stelvia Wemly Noya; Yanto Ikinamin
LUTUR Law Journal Volume 5 Nomor 1 Mei (2024): 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.v5i1.11519

Abstract

Settlement of Infidelity Cases According to Customary Law in Lolotuara Village, Pulau Lakor District, Southwest Maluku Regency. The problem in this legal research is how to resolve cases of infidelity. In accordance with the problem formulation in this legal research, the problems found in the indigenous community in Lolotuara are cases of infidelity which occur either between husband and wife of another person or between a husband or wife and another man or woman outside of the husband and wife relationship. . That if the case of infidelity occurs, there are also customary fines that can be implemented by Saniri Negeri Lolotuara as a customary institution that upholds customary values ​​that have been violated by individuals in society. This research is a normative juridical research, a problem solving approach through a conceptual approach, a statutory approach and a case approach, then from the results of the description conclusions and suggestions can be drawn. The results of the research show that the resolution of cases of infidelity through customary criminal sanctions in Lolotuara Village is carried out by requesting responsibility for men to marry girls. If the woman is the wife of the person who committed the affair then a customary fine is implemented, if they do not comply with the request to marry the girl then it is implemented. Customary fines, if you are someone's wife then you are obliged to fulfill customary obligations, namely customary fines to the girl and the wife or husband of the person who has been harmed by the actions carried out by the parties. The mechanism for resolving and administering customary sanctions in Lolotuara can be accepted and implemented by customary sanctions because it is adhered to by the Lolotuara indigenous community and its existence is recognized in the national legal system. Due to this, the implementation of customary fines as a form of fulfilling customary obligations by the parties in cases of infidelity or adultery is still enforced in society because it has coercive power which is implemented by the Saniri of Lolotuara State, these customary sanctions are seen as fulfilling a sense of justice for Indigenous Peoples Lolotuara.
Nilai-Nilai Dan Hukum Duan Lolat Yeheskel Wessy; Lodwyk Wessy
LUTUR Law Journal Volume 5 Nomor 2 November (2024): 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.v5i2.16088

Abstract

In accordance with the nature of nature, humans from birth until death live together with other humans. Or in other words, humans cannot live alone, separated from other human groups. Since time immemorial, humans have had a desire to gather with each other in a group, besides that, humans have had a desire to be in society. Aristotle stated that humans are zoon politicization, which means that humans as creatures basically always want to socialize and gather with fellow humans because humans are social creatures. Customary law contains a traditional nature, stems from the will of ancestors who are usually deified and custom is also considered to be based on the will of the gods. Customary law comes from customs. Customs are a collection of social rules that have existed for a long time, have become a tradition in society, and which are intended to regulate the order of that society. These rules are obeyed in a legal association. Not all customary rules are positive law. Because besides sanctioned customs, there are also non-sanctioned customs. The emergence of the Duan Lolat culture as the highest customary law (adatrecht) began with a form of marriage, which used to be understood that an ideal marriage was one that occurred within one's own circle, and it was forbidden to carry out marriages outside one's group. The social grouping system in what is called Duan Lolat does not construct standard social strata/classes like the caste system. Duan as the giver of the daughter, Lolat as the recipient of the daughter in a Tanimbar marriage, from which the marriage gives rise to their respective rights and obligations which should and should not be implemented from the time the marriage occurs up to a certain level of descent.