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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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Application of Customary Criminal Penalty On Cases Involving Women Wadjo, Hadibah Zachra; Toule, Elsa Rina Maya; Fadillah, Astuti Nur
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1325

Abstract

Introduction: Violence against women is still taking place. Nowadays, issues involving women are increasingly becoming one of the crucial issues in society, not only at the national level, but also at the global level.Purposes of the Research: The purpose of this study is to find out about the application of customary criminal penalties to cases involving women.Methods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in society.Results of the Research: The application of penalties for violators in Negeri Amahai, Negeri Haruru, Negeri Nua Nea, Negeri Rutah, and Negeri Souhoku, Negeri Tamilouw highly respects traditional values, which always protect their regions. The customs of their ancestors, until now still exist in people's lives. In fact, until now, the existence of indigenous peoples in several countries in Central Maluku is still maintained, and customary law is maintained by the people of Central Maluku because customary law is pure and can reduce conflicts and erase the stains contained in society.
The Law Protection for the Woman Victim of Violence on Traditional Marriage Wadjo, Hadibah Zachra
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.756

Abstract

Introduction: The law regulation about the elimination of domestic violence has been regulated on dalam Law Number 23 of 2004 about The Elimination of Domestic Violence that, “to prevent, protect the victim, and take action to the domestic violence perpetrator, country, and society must do the prevention, protection, and the perpetrator prosecution that suitable with the Pancasila’s philosophy and the 1945 Constitution of the Republic of Indonesia”.Purposes of the Research: The victim who is bound by marriage that has been done traditionally but not done civilly.Methods of the Research: The research’s method on this writing is using the normative research’s method. A research’s method that been done with researching the library materials towards the regulations and literatures that relate with the problem that be researched. The Data that used is the secondary data with the secondary and tertiary legal materials collection priority. Then the data that be obtained are processed and served descriptively-analysis.Results of the Research: The research’s results shows that the domestic violence that be experienced by the women who her marriage has been done traditionally based on the Law of The Elimination of Domestic Violence can be categorized as the Domestic Violence Criminal Act, but on the handling, the investigator keep to do the things that be mandated by the constitution by giving the victim’s rights and the law protection. The marriage’s status that been done traditionally doesn’t have the fixed legal foundation. But, the country keep guarantee the traditional existence in Indonesia.
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 Usmany, Berly Wessy, Yeheskel