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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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Prinsip In Absensia Dalam Pemeriksaan Tindak Pidana Korupsi Ditinjau Dari Perspektif Due Process of Law Atapary, Adolf Erens; Pasalbessy, John Dirk; Wadjo, Hadibah Zachra
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9049

Abstract

Introduction: Courts in absentia in corruption have been pros and cons to date, there is an assumption that court in absentia is a violation of human rights because it is related to the human rights of the accused as a human being who has the right to defend himself in court, on the other hand The trial in absentia can be carried out as long as the whereabouts of the defendant are not known at all so that he cannot be presented at the trial trial due to running away (fugitive). Purposes of the Research: This writing aims to analyze and explain the existence of justice in absentia in the implementation of the criminal justice system in Indonesia in accordance with the principle of due process of law, to analyze and discuss the nature of the principle of due process of law in ensuring legal certainty and justice in the examination of criminal cases. Methods of the Research: Normative research method with the type of research is qualitative analysis. The problem approach used is the statute approach, the conceptual approach and the case approach. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as a technique for collecting legal materials, then processing and analyzing legal materials through methods of interpretation, harmonization, systematic and legal discovery. Results of the Research: The results of the study indicate that the judiciary in absentia can be implemented and does not violate human rights as long as it is implemented through the correct procedure and based on the provisions of the law. The trial in absentia aims to break the deadlock in the examination of defendants who are not present at the trial and efforts to save state finances, both those that have been corrupted and those that are still suspected of being related to corruption cases, both those that have been confiscated and those that have not been confiscated to be confiscated for the State through a court decision.
Criminal Responsibility for Perpetrators of Pornography Crimes Usmany, Berly; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v6i1.22885

Abstract

This article analyzes the process of determining a suspect through a preliminary examination process against a perpetrator of a crime based on applicable legal regulations. Determination of a suspect as referred to, is carried out through a case title mechanism. The purpose of this writing is to examine and analyze the criminal responsibility of the perpetrators in the pornographic videos that are distributed and to analyze and analyze the judge's considerations in imposing criminal sanctions on the perpetrators of the pornographic videos that are distributed. The research method used in analyzing and discussing this research is a type of normative legal research that uses secondary legal materials as initial data to then be continued with primary legal materials or field data and tertiary legal materials that support and provide an understanding of primary legal materials and secondary legal materials over other legal materials. The legal materials that are prioritized come from literature studies, relying on scientific books such as criminal law literature, scientific magazines, and documents, then using three research approaches consisting of the Legislation approach, conceptual approach, and case approach. The results of the study show that a person being named a suspect must go through an examination process and must have at least 2 (two) sufficient pieces of evidence to prove that a crime has indeed occurred and the person suspected of committing the crime has been supported by 2 (two) pieces of evidence that can justify the occurrence of a crime and Legal Efforts against the determination of a suspect without an examination process, namely through Pretrial Legal Efforts and Civil Legal Efforts.
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