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All Journal Jurnal Legalitas Jurnal Muara Ilmu Sosial, Humaniora, dan Seni Jurnal Belo Community Development Journal: Jurnal Pengabdian Masyarakat Risalah Hukum Jurnal Masohi TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum Jurnal Dedikasi Hukum Indonesian Journal of Management Science BAKIRA: Jurnal Pengabdian Kepada Masyarakat PATTIMURA Law Study Review SASI Journal of Adat Recht Journal of Strafvodering Indonesian Matakao Corruption Law Review Journal of Strafvordering Indonesian Journal of Adat Recht
Saimima, Judy Marria
Fakultas Hukum Universitas Pattimura, Ambon
Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Sexual Harassment Crime In Digital Space: Legal Challenges And Solutions Ika Dwimaya Roz; Judy Marria Saimima; Harly Clifford Jonas Salmon; H.Z. Wadjo; Achmad Fitrian
Journal of Strafvordering Indonesian Vol. 1 No. 6 (2025): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2afmb07

Abstract

In the context of rapid technological development, digital space presents significant challenges in law enforcement, especially in relation to the crime of sexual violence. Law No. 12 of 2022 on Criminal Acts of Sexual Violence provides a firm legal framework to address the problem, but is still faced with various obstacles, such as the complexity of the vast digital space, difficult identification of perpetrators, and lack of public legal awareness. Collaboration between the government, legal institutions, the technology sector, and the community is key to strengthening the prevention and handling of sexual violence cases in the digital space. Advanced forensic technology and training of skilled human resources are needed to support effective law enforcement. In addition, the integration of legal education and digital literacy programs can strengthen public understanding of the legal rights of victims and collective responsibility in maintaining digital security. This collective effort is expected to create a safe and inclusive ecosystem, and ensure better access to justice for all victims of sexual violence in the digital space.
A Normative Review of the Integration of Customary Criminal Sanctions into the National Sentencing System for Land Rights Violations Judy Marria Saimima; Adonia Ivonne Laturette; Juanrico Alfaromona Sumarezs Titahelu
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/p9eeg803

Abstract

The coexistence of customary criminal sanctions and the national sentencing system in Indonesia reflects the country’s plural legal structure, particularly in cases involving land rights violations. While indigenous communities continue to enforce customary sanctions that are socially binding and restorative in nature, Indonesian positive law remains normatively ambiguous regarding their legal status within state-imposed criminal punishment. The enactment of Law No. 1 of 2023 on the National Criminal Code recognizes living law but fails to provide explicit guidance on how customary sanctions should be integrated into sentencing decisions. Using normative legal research with statute, conceptual, and case approaches, this article examines the juridical position of customary criminal sanctions and their implications for legal certainty and proportionality in sentencing. The analysis demonstrates that unregulated coexistence between customary sanctions and state punishment risks inconsistent judicial practices and potential violations of the principle of non bis in idem. This article argues that customary criminal sanctions may only be integrated into the national sentencing system through explicit normative positioning, either as mitigating factors or as regulated corrective measures, in order to uphold legality, legal certainty, and substantive justice in land rights cases.
Critical Analysis of Customary Law and Community Welfare Judy Marria Saimima; Hadibah Zachra Wadjo; Harly Clifford Jonas Salmon
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b2vetj66

Abstract

This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.          
Conflict of Customary Law and Positive Law in Determining The Status of Children: Criminal Implications for Children's Rights and Legal Protection Hadibah Zachra Wadjo; Judy marria saimima; Harly Clifford Jonas Salmon
Journal of Adat Recht Vol. 2 No. 2 (2025): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h2pwnk78

Abstract

  This study discusses the normative conflict between customary law and positive law in determining the status of children in Indonesia, with an emphasis on the juridical implications for the protection of children's rights. In the context of legal pluralism recognized by Article 18B paragraph (2) of the 1945 Constitution, customary law often rejects the recognition of children out of wedlock, children of serial marriages, and adopted children who do not conform to local kinship norms. This is contrary to the principles of non-discrimination and the best interests of children as stipulated in Law No. 35 of 2014 concerning Child Protection. The inconsistency of these norms not only has an administrative impact, but also raises the potential for criminal offenses, including child neglect due to not being officially recorded. This study uses a normative juridical approach with qualitative analysis methods on primary and secondary legal materials, including international conventions such as CRC. The results of the analysis show the urgency of legal harmonization through responsive derivative regulations, legal understanding by local actors, and the transformation of customary law values to be in line with the principles of child protection. Law No. 35 of 2014 is positioned as a transformational instrument to bridge the tension between local norms and national laws to ensure that children's rights are guaranteed comprehensively without discrimination
Co-Authors Achmad Fitrian Adonia Ivonne Laturette Akhmad Iqbal Jihad Masuku Andries, Desebrina Lupitha Carolina Tuhumury Corputty, Patrick Denny Latumaerissa Denny Latumaerissa Elias Zadrach Leasa Elias Zadrack Leasa Elsa Rina Maya Toule Elvira Liminanto Elvira Liminanto Erwin Ubwarin Esther Kembauw, Esther Faathir Fedayan Fitrian, Achmad Gabriel Makatita H.Z. Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hadibah Zachra Wadjo Hanisa Sokanfuti Harly Clifford Jonas Salmon Harly Clifford Jonas Salmon Hasanudin, Dahlia Holdrin Nahumury Ika Dwimaya Roz Intan Saripa Uweng Iwan, Bintang R Jefferson Meiggers Herrenauw Jetty Martje Patty Juanrico Alfaromona Sumarezs Titahelu Juanrico Alfaromona Sumarezs Titahelu Juanrico Alfaromona Sumarezs Titahelu Kabanga, Yoshua Andres Latumaerissa, Denny Latupeirissa, Julianus Edwin Leonie Lokollo Lewerissa, Yanti Amelia Matheis Randy Mustamu Matrutty, Ruth Gracia Imanuela Mega Sofia Tawainella Meliezer, Stevanno Muammar Muammar, Muammar Nancy Silvana Haliwela Patrick Corputty Patty, Jetty Pricilya Melany Anthonio Reimon Supusepa Roz, Ika Dwimaya Ruth Gracia Imanuela Matrutty Salamor, Yonna Beatrix Salmon, Harly Clifford J Salmon, Harly Clifford Jonas Sherly Adam Sidebang, Ledyana Olipia Silooy, Revi Wilhelmina Sopacua, Margie Gladies Sopacua, Margie Gladis Sujud, Muhammad Satrio Taufik Sabenjara Kalidupa Taufik, Iqbal Titahelu, Juanrico Alfaromona Sumaresz Titahelu, Juanrico Alfaromona Sumarezs Toule, Elsa Rina Maya Usmany, Jesisca Gloria Veren Martha Habel Wadjo, H.Z. Wadjo, Hadibah Zachra Wilshen Leatemia Zacilasi Wasia Zacilasi Wasia