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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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MEMBANGUN KESADARAN HUKUM TENTANG KEKERASAN SEKSUAL BERBASIS GENDER BAGI SISWA-SISWI DI SMP PGRI RUTAH Wadjo, Hadibah Zachra; Salamor, Anna Maria
BAKIRA: Jurnal Pengabdian Kepada Masyarakat Vol 5 No 2 (2024): BAKIRA : Jurnal Pengabdian Kepada Masyarakat
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bakira.2024.5.2.108-114

Abstract

The urgency of recognizing early childhood sexual violence, including students in the world of education, aims to prevent and protect cases of sexual violence, both in the personal realm and the public realm that make children victims of sexual violence. community service program activities are carried out by providing socialization about sexual violence as well as socializing Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. After that, it was continued with a question and answer session from the participants, and the formation of agents of change among PGRI Rutah Junior High School students. After being agreed upon with the school leadership, on the appointed day, the team and students came to the PKM location. The activity was divided into 2 sessions, first, an introduction to violence, sexual violence, and the scope of sexual violence to PGRI Rutah Junior High School students. Second, a question and answer session as an interaction between participants and instructors. The activities carried out were very interesting for the students of SMP PGRI Rutah. The enthusiasm of these students was shown in the form of various questions about the material presented by the service team. This activity also collaborates with the Intra-School Student Organization (OSIS) which inaugurates 35 students as agents of change, prevention and recognition of sexual violence both in the
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.
Pemenuhan Hak Restitusi Terhadap Anak Korban Tindak Pidana Pemerkosaan Palijama, Pricilia Triana; Wadjo, Hadibah Zachra; Patty, Jetty Martje
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3023

Abstract

Introduction: Children are very vulnerable to becoming victims of criminal acts, especially victims of rape. Therefore, the government has issued various kinds of laws and regulations so that every child gets legal protection and gets their rights. One of them is Article 71D of Law 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection which explains that child victims have the right to apply to the court for restitution or compensation. However, in reality, restitution has not been implemented in every court decision so that child victims do not get their rights.Purposes of the Research:  examine and discuss mechanisms for fulfilling the right to restitution for children as victims of criminal acts of rape and obstacles in fulfilling the right to restitution for children as victims of criminal acts of rape.Methods of the Research: This research uses normative legal research methods based on primary and secondary legal materials and uses approaches: statutory approach, concept approach and case approach.Results / Findings / Novelty of the Research: The results of the research show that the mechanism for fulfilling restitution for child victims of criminal acts of rape is regulated in Government Regulation No. 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Crime. However, the implementation of restitution in various laws and regulations in Indonesia is still difficult to implement, this is due to the content of these laws and regulations, especially the mechanism for providing restitution, law enforcement, in which case investigators and public prosecutors are obliged to notify victims. to be able to apply for restitution. In fulfilling the right to restitution there are obstacles, namely law enforcement, the law itself, society, culture and the existence of accompanying institutions such as LPSK which do not yet exist in all provinces of Indonesia, including Maluku.
Implementation of the Customary Law System in Criminal and Civil Law Enforcement in Coastal Communities Wadjo, Hadibah Zachra; Uktolseja, Novyta
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2459

Abstract

Introduction: Customary law plays a crucial role in resolving various social conflicts and maintaining justice within the local context.Purposes of the Research: The objective of this article is to examine the role of customary law in resolving criminal and civil disputes within the coastal communities, focusing on the practices of customary law in Negeri Tamilouw, Maluku.Methods of the Research: This research employs a normative-empirical approach, combining literature analysis of customary law with direct observation of its application in the Tamilouw community.Results Main Findings of the Research: The findings of the study show that customary law in the Land of Tamilouw plays an important role in resolving social conflicts through restorative approaches. Communities prefer customary deliberation to taking cases to formal courts, despite challenges in customary law recognition of national law. Customary law is also effective in resolving civil disputes, such as inheritance and property rights, based on local cultural norms.
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.
Critical Analysis of Customary Law and Community Welfare Saimima, Judy Marria; Wadjo, Hadibah Zachra; Salmon, Harly Clifford Jonas
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.          
Urgensi Laporan Penelitian Kemasyarakatan Dalam Penjatuhan Pidana Bagi Anak Pelaku Tindak Pidana Patty, Mercy Pratiwi; Hehanussa, Deassy Jacomi Anthoneta; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (910.773 KB) | DOI: 10.47268/pela.v1i2.6392

Abstract

Introduction: Reality shows that crimes are not only committed by adults, but also by children. Children who commit crimes must be held accountable for their actions that violate the law. Purposes of the Research: In order to analyze the juvenile offender, the law enforcement and sentencing process applied to the child is carried out specifically by prioritizing the best interests of the child. Methods of the Research: Type of research: Juridical Empirical, Data Sources include primary data and secondary data. Techniques for reviewing and collecting primary and secondary data are using literature studies and interview results. Data analysis used in legal research is qualitative analysis. Results Originality Findings of the Research: Based on the results of the study, it was found that the urgency of a community research report in imposing sanctions on children who commit criminal acts is an important matter. Community research reports that are made basically have an influence on the judge's decision in juvenile court. With the availability of community research reports, it can be used as consideration for judges in making their decisions as regulated in Article 60 Paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, if the judge does not consider the community research report from the Community Counselor, the legal consequences arising from the decision on the child who commits the crime are null and void, as referred to in Article 60 Paragraph (4) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
Urgensi Psikologi Kriminil Dalam Penanganan Kejahatan Jalanan Hetharia, Zefanya Fernioren; Hehanussa,, Deassy Jacomina Anthoneta; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i1.8724

Abstract

Introduction: Criminal psychology investigates individual behavior, particularly the causes of criminal behavior. Purposes of the Research: Analyze and explain the Urgency of Criminal Psychology in handling street crime. Methods of the Research: This study uses the Juridical Empirical Legal Research method. Sources of data used are primary data, secondary data, and tertiary data by collecting data through filling out questionnaires, interview methods and literature study and then analyzed based on the theoretical concept approach. Results Originality of the Research: The findings of this study demonstrate that by understanding the life of criminal psychology, crime as human behavior can be avoided because criminal psychology is the primary psychological basis for criminals, the causes of crime, and prevention, both preventive and repressive as repair or healing efforts. By taking into account psychological and personal factors as well as the reasons people commit crimes, this can also be strengthened by minimizing and accommodating the factors that lead to someone committing street crimes in order to meet limited needs.
Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak Ingratubun, Yerusalina; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10676

Abstract

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process. Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law. Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis. Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.
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