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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Legal Journal Bacarita Law Journal Indonesian Journal of Management Science BAKIRA: Jurnal Pengabdian Kepada Masyarakat PATTIMURA Law Study Review SASI Journal of Adat Recht Matakao Corruption Law Review
Wadjo, Hadibah Zachra
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Agriculture, Biological Sciences & Forestry Chemistry Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hukum Terhadap Adat Pamali Kekerasan Dalam Rumah Tangga Wadjo, Hadibah Zachra; Wessy, Yeheskel; Noya, Stelvia Wemly; Ririhena, Michael
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1748

Abstract

Introduction: Domestic violence is prohibited because it has an impact from the private sphere to the public domain. It is inevitable, that the problem of domestic violence for some people is still seen as a disgrace in the family, so it is not worthy of being known by society in the social environment.Purposes of Devotion: To increase public awareness about the Importance of Legal Protection Against Customary "Pamali" Domestic Violence in Tutuwaru Village, Leti Island District, Southwest Maluku Regency. Method of Devotion: Conducted face-to-face through the lecture method by the speaker, then providing opportunities for participants to discuss and question and answer related to Legal Protection of Indigenous Pamali Domestic Violence.Results of the Devotion: The indigenous people of Tutuwaru Village further increase legal awareness for the creation of harmonious and prosperous families in the social environment of indigenous people, due to the lack of acts of domestic violence so that indigenous people with the village government together with the entire community can suppress the absence of domestic violence in the future.
Putusan Pengadilan Negeri Dobo Terhadap Tindak Pidana Pemilu Elia Rumangun, Johan Pieter; Wadjo, Hadibah Zachra; Patiasina, Pieter H
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12176

Abstract

In its development, general election crimes in Indonesia have experienced many changes, both in the form of increasing types of criminal acts and differences in the addition of criminal sanctions. This is because every day, election crimes are becoming a very serious concern because the measure of a democratic country's success is seen from its success in holding elections. The aim of this research is to examine and analyze the basic considerations of Dobo District Court judges in imposing fines on perpetrators of criminal acts, and the Dobo District Court Decision Number 60/Pid.Sus/2020/PN.Dob can have a deterrent effect on defendants who commit election crimes. This type of research is normative juridical in nature. The research type is descriptive-analytical. Sources of legal materials use primary legal materials and secondary legal materials. Techniques for collecting legal materials through literature study and qualitative analysis of legal materials. The research results show that the basis for the judge's consideration in imposing a fine in court decision Number 60/Pid.Sus/2020/PN Dob is because the judge considers both juridical and non-juridical considerations. Juridically, the defendant's actions could harm other people, while non-juridically, the defendant was cooperative and polite, thereby making the trial run smoothly and the defendant has never been punished. all of which cannot be separated from the indictments and demands filed by the public prosecutor with a single charge of election crimes. And in the decision of the Dobo District Court Number 60/Pid.Sus/2020/PN.Dob it does not have a deterrent effect on defendants who commit election crimes because fines can only be felt by poor people, but in essence these fines do not applies to the perpetrator in this case because the perpetrator of the election crime is the Chairman of the Aru Islands Regency DPRD who of course is economically capable of carrying out a fine, therefore the fine expected in this decision does not have a deterrent effect.
Pemenuhan Hak Anak Pidana Pada Lembaga Pembinaan Khusus Anak Loppies, Pricilia Uty Vianty; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1405

Abstract

Introduction: Protection of children is provided not only by parents but also institutions related to physical and mental development both physically and spiritually. A child who is entered into a Juvenile Correctional Institution is referred to as a criminal child or foster child to get punishment for the actions he has committed, the punishment given is in the form of coaching according to the mandate of the laws and regulations, so that after the criminal or foster child leaves the institution they will no longer commit acts that breaking the law.Purposes of the Research:  This study aims to analyze and discuss the fulfillment of the nature of the rights of criminal children and to analyze and discuss the implementation of the rights of criminal children in Ambon Class II Special Development Institutions.Methods of the Research: The type of research used is empirical research. The approach used is legislation, field approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through interviews and literature studies. Legal material is qualitativeResults of the Research: The implementation of the rights of criminal children at the Ambon Class II Special Child Development Institution has rights that have been fulfilled and there are rights that have not been fulfilled. The staff of the Ambon Class II Special Child Development Institution are still working on children's rights that have not been fulfilled at the Ambon Class II Special Child Development Institution. The rights of criminal children that have been fulfilled at the Class II Ambon Development Institution, namely: 1) There are facilities for spiritual activities in accordance with religion and beliefs; 2). Correctional students get study rooms, package A, B, C exams, modules and also supporting facilities in the form of computers; 3). criminal children get a reduced sentence through remission, but these provisions must be in accordance with statutory regulations; 4). students get enough food intake; 5). students get visits from family, legal advisers or the community.
Penegakan Hukum Bagi Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak (Studi Kasus Putusan Nomor 482/Pid.Sus/2021/PN) Patty, Reynalda Fransin; Wadjo, Hadibah Zachra; Patty, Jetty Martje
TATOHI: Jurnal Ilmu Hukum Vol 3, No 10 (2023): Volume 3 Nomor 10, Desember 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i10.1963

Abstract

Introduction: sexual deviation where this leads to an unbalanced activity that poses a threat to certain individuals. Various kinds of sexual choices are being discussed in cases of violence, especially against children. Causing a deterrent effect is felt to be less able to have such a significant impact because the perpetrator of the psychological deviation is not only one child. The decision given by the court is very necessary to provide a deterrent effect to perpetrators of sexual violence against children, so that the incidence of sexual violence in Indonesia is decreasing.Purposes of the Research: The purpose of this study is to provide an overview of law enforcement in Indonesia against perpetrators of sexual violence against children, and to provide an overview of the role of law enforcement officers in taking action against perpetrators of sexual violence against children. Methods of the Research: The research method used in this paper consists of various methods and activities carried out in order to collect the data and materials needed to complete the preparation of the. The author uses a normative juridical research method.Result of the Research: The results of this study are that the District Court's decision only considers the elements that are fulfilled and the ability to equip criminal acts that elevate while in the High Court's decision it considers the consequences obtained by the victim's child and the victim's family where the victim's child and family enjoy shame, costs to care for, enlarge and educate the child to be born by the victim's child, besides the decision given by the high court 2 (two) years higher than the decision of the District Court aims to provide a deterrent effect and awareness of the actions committed by those who have destroyed the future victim's child.
Penerapan Keadilan Restoratif Dalam Tindak Pidana Penganiayaan (Studi Kasus Pada Polsek Namrole) Nurlatu, Yohanis Onyong; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
TATOHI: Jurnal Ilmu Hukum Vol 4, No 2 (2024): Volume 4 Nomor 2, April 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i2.2129

Abstract

Introduction: Application Restorative Justice is an alternative settlement of criminal cases focused on punishment which is transformed into a process of dialogue and mediation involving perpetrators, victims, families of perpetrators/victims, and other related parties to jointly create an agreement on a fair and balanced settlement of criminal cases for both parties. Victims and perpetrators by prioritizing restoration to their original state and restoring good relations and the community. Purposes of the Research:  Review and Analyze the Urgency and Implementation of the Chief of Police Regulation Number 08 of 2021 in Handling Cases of Crime of Persecution at the Namrole PoliceMethods of the Research: The method used in this research is a type of normative research or what is called library research, which is research that examines document studies, namely using various secondary data such as laws and regulations, legal theory, and can be in the form of opinions of scholars.Results of the Research: The application of restorative justice can only be carried out on the crime of light maltreatment as referred to in Article 352 of the Criminal Code paragraph (1). belonging to Article 354 paragraph (1) of the Criminal Code and Article 90 of the Criminal Code must be processed in accordance with applicable legal procedures so that there is no inequality or injustice in the law because the true application of restorative justice refers to restoring the original state, aiming to empower victims, perpetrators, families, to correct an unlawful act by using awareness and responsibility.
Tinjauan Yuridis Pemberlakuan Pemberatan Pidana Terhadap Residivis Penyalahgunaan Narkotika Ramadhanti, Aghniya Erlita; Wadjo, Hadibah Zachra; Taufik, Iqbal
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13816

Abstract

ABSTRACT: There are serious concerns regarding drug abuse in Indonesia, which has spread to various levels of society. This phenomenon has also become a global concern due to its detrimental impact. Law No. 35/2009 on Narcotics is the legal basis that regulates supervision, control, and sanctions against perpetrators of narcotics abuse. However, there are cases of drug abuse recidivists, such as the case of Dedi Ismail Yusuf Manilet, which shows a discrepancy between law enforcement and existing regulations. Dedi, who is a recidivist offender of narcotics abuse in a period of less than three years, in the second verdict did not receive criminal aggravation in accordance with applicable regulations. The purpose of this research is to analyze and examine the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics and the reasons why the judge did not impose criminal aggravation on the defendant in court decision No. 145/PidSus/2022/PNAmb. The research method, the author uses normative juridical research based on the main legal material by examining the theories and laws and regulations related to this research. The results of this research can be concluded that the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics can be imprisoned for a maximum of 4 years depending on the class of narcotics and can be rehabilitated under certain conditions. The reason why the judge did not aggravate the punishment against the defendant in court decision number 145/Pid.Sus/2022/PN.Amb is that there were defects in the procedure for imposing criminal sanctions against the perpetrator starting from the police, the prosecutor's office who did not charge the perpetrator with criminal aggravation, then in the end the judge in deciding the case was in line with the prosecutor's demands and charges and in his decision the judge did not pay attention to the fact that the defendant was a recidivist and did not pay attention to the defendant's statement that he had used methamphetamine and marijuana which the defendant stated during the trial.
Diversi Sebagai Bentuk Penyelesaian Perkara Anak Yang Berhadapan Dengan Hukum (Studi Putusan Perkara Nomor 3/Pid.Sus-Anak/2022/PN Amb) Latekay, Honney Uplera; Wadjo, Hadibah Zachra; Corputty, Patrick
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13870

Abstract

ABSTRACT: Diversion is the transfer of resolution of children's cases from the criminal justice process to a process outside criminal justice. Diversion is carried out at three levels, namely at the investigation, prosecution and court levels. In this case, if the diversion deliberation process is successful, the case will not proceed to the next stage, but if diversion deliberations fail to be carried out at the investigation level, the next effort is to conduct diversion deliberations at the prosecution level. If there is no common ground at the prosecution level, then diversion will be attempted at the court level. The aim of this research is to find out whether the diversion process in this research has fulfilled the principle of legal certainty or not and to find out what factors cause the success of diversion in court. Based on the results of this research, it was concluded that it does not fulfill the principle of legal certainty, because children who make mistakes are not given a deterrent effect by being sentenced to 15 years in prison as regulated in article 81 paragraph (1) and/or paragraph (2) Jo. Article 76D of Law number 35 of 2014 is an amendment to Law 23 of 2002 concerning child protection and the factors causing the success of diversion in court, namely consideration of the customs of Supreme Court Regulation No. 4 of 2014 Article 3.
Model Pengelolaan Sumber Daya Alam Berkelanjutan: Integrasi Aspek Ekonomi, Lingkungan, dan Hukum di Kecamatan Moa, Kabupaten Maluku Barat Daya Kembauw, Esther; Wadjo, Hadibah Zachra; Silooy, Revi Wilhelmina; Saimima, Judy Marria
Indonesian Journal of Management Science Vol. 3 No. 2: Desember 2024
Publisher : Program Magister Manajemen Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46821/ijms.v3i2.536

Abstract

Penelitian ini bertujuan untuk menganalisis tantangan, peran ekonomi, dampak lingkungan, serta aspek hukum dalam pengelolaan SDA berkelanjutan di kawasan tersebut. Metode penelitian yang digunakan adalah pendekatan kualitatif dengan pengumpulan data melalui wawancara, observasi, dan studi dokumentasi. Hasil penelitian menunjukkan bahwa eksploitasi berlebihan terhadap SDA, ketergantungan pada praktik tradisional, dan lemahnya penegakan hukum menjadi hambatan utama dalam mewujudkan keberlanjutan. Meskipun demikian, terdapat potensi ekonomi yang dapat dikembangkan melalui praktik perikanan berkelanjutan dan pertanian organik, yang dapat meningkatkan pendapatan tanpa merusak ekosistem. Penelitian ini juga menemukan bahwa kebijakan pengelolaan SDA sudah ada, namun implementasinya masih lemah, sehingga diperlukan peningkatan kapasitas pemerintah daerah dan kolaborasi antara pemerintah, masyarakat, serta sektor swasta. Model pengelolaan SDA berkelanjutan yang diusulkan melibatkan edukasi masyarakat, penguatan peran hukum, serta pengembangan kebijakan ekonomi yang mendukung keberlanjutan lingkungan. Diharapkan hasil penelitian ini dapat memberikan kontribusi dalam merancang kebijakan pengelolaan SDA yang lebih efektif dan berkelanjutan di Kecamatan Moa.
Diversi Dalam Kasus Persetubuhan Yang Dilakukan Oleh Anak Resimanuk, Tesalonika Altje; Wadjo, Hadibah Zachra; Tuhumury, Carolina
TATOHI: Jurnal Ilmu Hukum Vol 4, No 5 (2024): Volume 4 Nomor 5, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i5.2443

Abstract

Introduction: Diversion can be carried out based on Article 7 (seven) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and based on Article 3 of Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion. But in fact, when the case of intercourse by this child reached the court stage, the judge thought that diversion could be carried out and resulted in a diversion agreement, namely being placed in the Social Welfare Organizing Institution (LPKS) for 3 (three) monthsPurposes of the Research: The aim of the research is to examine and discuss how diversion is in cases of sexual intercourse by children. To examine and discuss the impact of diversion in cases of sexual intercourse by childrenMethods of the Research: The research method used is normative juridical. The problem approach used is the Conceptual Approach, Legislation Approach, and Case Approach. The legal materials used are primary legal materials and secondary legal materials. Collection of legal materials using literature study and analyzed using qualitative analysis methods.Results of the Research: Based on the results of the research and discussion that has been carried out, it can be seen that the settlement of cases taken by the authors has not been fully implemented properly, where the application of diversion against children has not been on target because it can be seen from the crime committed by the child, namely intercourse. Children really need to get good legal protection by the state. But what needs to be known is that diversion is not a peaceful effort against children in conflict with the law with victims or their families, but a form of punishment against children who are in conflict with the law in an informal way. Judging from the crime committed, diversion cannot be carried out because this cannot have a deterrent effect on children and the possibility of doing so in the future may occur. From the problems that occur, the impact will be positive or negative. The positive impact is that children can avoid the stigmatization of bad children from society and can make it easier for children to interact with society again. On the other hand, the negative impact is that it does not have a deterrent effect on the child
Pendekatan Non Penal Dalam Penanggulangan Kekerasan Seksual Verbal Anak Lawalata, Kevin Izaac Enrique; Hehanussa, Deassy Jacomina Anthoneta; Wadjo, Hadibah Zachra
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2472

Abstract

Introduction: Child verbal sexual crimes are still a serious problem and this is a social disaster that worries society. This condition demands the protection of children.Purposes of the Research:  This study aims to analyze and discuss whether the non-penal approach is effective in dealing with child verbal sexual violence and what non-penal approaches can be used in tackling child verbal sexual violence.Methods of the Research:  The research method used is an empirical juridical research type. The research locations are the Gasira Maluku Foundation, Ambon 1 Public High School, Ambon 4 State Vocational School and the National Commission on Human Rights. Polulation, research samples of Gasira assistant staff, counseling teachers at SMA Negeri 1 Ambon, counseling teachers at SMK Negeri 4 Ambon and Komnas HAM analyst staff. Data collection through observation and interviews. Data processing and data analysis using qualitative methods.Results of the Research: The results of the study show that the non-penal approach is not yet effective in tackling child verbal sexual violence. This is because children's verbal sexual violence still occurs in schools and in society and is considered something that is normal or usually done to children. Even though verbal sexual violence is sexual violence that is carried out in a non-physical form against children, which is related to parts of the child's body and is related to sexual desire, resulting in intimidation, humiliation, humiliation, or embarrassment. Besides that, the lack of knowledge of school children, parents and the community regarding verbal sexual violence because they do not know what forms, impacts and non-penal approaches and penal approaches in dealing with child verbal sexual violence include. Forms of a non-penal approach that can be used in tackling child verbal sexual violence, namely conducting training, outreach to children and providing counseling and social education in order to develop sensitivity and social awareness of the community regarding the impacts that can arise from acts of child verbal sexual violence, the formation of the individual character of a group or community by providing moral education, religious education and handling child verbal sexual violence by the school and in the community through reprimands and advice to perpetrators not to commit violence and assistance to children as victims of verbal sexual violence.
Co-Authors Astuti Nur Fadillah Atapary, Adolf Erens Corputty, Patrick Esther Kembauw, Esther Hehanussa, Deassy Jacomi Anthoneta Hehanussa, Deassy Jacomina Anthoneta Hehanussa,, Deassy Jacomina Anthoneta Hetharia, Zefanya Fernioren Ingratubun, Yerusalina Johan Pieter Elia Rumangun Latekay, Honney Uplera Latumaerissa, Denny Lawalata, Kevin Izaac Enrique Leasa, Elias Zadrach Loppies, Pricilia Uty Vianty Noya, Stelvia Wemly Nurlatu, Yohanis Onyong Palijama, Pricilia Triana Pasalbessy, John Dirk Patiasina, Pieter H Patty, Jetty Martje Patty, Mercy Pratiwi Patty, Reynalda Fransin Ramadhanti, Aghniya Erlita Resimanuk, Tesalonika Altje Ririhena, Michael Saimima, Judy Marria Salamor, Anna Maria Salmon, Harly Clifford Jonas Silooy, Revi Wilhelmina Taufik, Iqbal Tetelepta, Brian Toule, Elsa Rina Maya Tuhumury, Carolina Uktolseja, Novyta Wessy, Yeheskel