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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 LUTUR Law Journal 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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Journal : PATTIMURA Law Study Review

 1 
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.
Pemidanaan Dibawah Pidana Minimum Bagi Anggota Polri Dalam Tindak Pidana Narkotika Tetelepta, Brian; Wadjo, Hadibah Zachra; Latumaerissa, Denny
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19835

Abstract

This study discusses narcotics crimes for members of the National Police Narcotics abuse can cause damage to the resilience of society, nation, and state. Parties who abuse narcotics according to Law Number 35 of 2009 consist of narcotics addicts regulated in Article 1 number 13 and abusers regulated in Article 1 number 15. Narcotics Addicts are people who use or abuse Narcotics and are in a state of dependence on Narcotics, both physically and psychologically, this study uses a normative Juridical research method, with the technique of collecting and analyzing legal materials is Literature Analysis. Perpetrators and victims of narcotics abuse come from all groups and ages, from children, adolescents, to adults. The spread of illegal drugs has spread and expanded all over the world. The sophistication and ease of transportation facilities and technology greatly facilitate the development of narcotics abuse. Increasingly sophisticated communication tools are one of the means that can facilitate the process of narcotics abuse because they can be done anywhere and anytime. This can be done quickly and easily, especially with the internet.
Penerapan Pidana Terhadap Pelaku Penangkpan Ikan Menggunakan Bahan Peledak Samalelaway, Hendry Piter; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.19986

Abstract

The purpose of this study is to determine and analyze the legal considerations and deterrent effects on those who are given a criminal sentence of less than 1 year for fishing using explosives or fish bombing. Fish bombing is the use of explosives to produce an explosion that releases large and fast energy in a fishing area in order to kill fish, making it easier for the bomber to catch fish. The use of bombs in fishing causes damage to marine resources and the environment, especially coral reef ecosystems. This writing uses a Normative Juridical research type, with a statutory regulatory approach, a conceptual approach and a case approach. The problem that the author can discuss is the Judge's Legal Consideration in Imposing a Criminal Sentence of One Year. Based on the provisions of Law Number 45 of 2009 amending Law Number 31 of 2004 concerning Fisheries. There are several types of crimes in fisheries that are contained in Articles 84 to 101. The results of the study show that the act of fishing using explosives carried out by perpetrators who are given criminal sanctions of less than one year is not in accordance with existing laws, as can be seen in Article 84 paragraph (1) "Any person who intentionally in the fisheries management area of the Republic of Indonesia carries out fishing and/or fish farming using chemicals, biological materials, explosives, tools/and/or methods, and/or buildings that can harm and/or endanger the sustainability of fish resources and/or their environment.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Persetubuhan Secara Berlanjut Noya, Rani; Wadjo, Hadibah Zachra; Patty, Jetty Martje
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.20360

Abstract

Children are included in the group of rights holders. Children's rights are an inseparable part of Human Rights (HAM). These rights include the basic rights of children because they have special needs related to their position as vulnerable individuals. Cases of violence against children, including sexual violence, namely continued intercourse, still often occur. Sexual violence is a form of physical violence that is a criminal act. This type of research is normative juridical where the research is conducted by collecting primary, secondary and tertiary data obtained using literature studies. The results of this study indicate that the judge's consideration of the perpetrators of the crime of continued intercourse, namely the judge gave aggravating considerations, namely the defendant's actions disturbed the community, the defendant's actions embarrassed the victim and his family, the defendant's actions caused the victim to feel afraid and traumatized. And the mitigating factors are that the defendant regretted his actions and promised not to repeat them again, the defendant was elderly, the defendant had never been convicted, the victim's family had forgiven the defendant. Child Protection is all activities to guarantee and protect children and their rights so that they can live, grow, and develop. Special protection is a form of protection received by children in certain situations and conditions to ensure a sense of security against threats that endanger themselves and their lives during their growth and development.
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, Rani 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 Samalelaway, Hendry Piter Silooy, Revi Wilhelmina Taufik, Iqbal Tetelepta, Brian Toule, Elsa Rina Maya Tuhumury, Carolina Uktolseja, Novyta Usmany, Berly Wessy, Yeheskel