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Kekerasan Berbasis Gender Di Media Sosial Jihan Risya Cahyani Prameswari; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
PAMALI: Pattimura Magister Law Review Vol. 1 No. 1 (2021): VOLUME 1 NOMOR 1, MARET 2021
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v1i1.484

Introduction: Gender based violence in social media has increased. The term of gender based violence can be found on the result of Convention on the Elimination of all Forms of Discrimination Against Women, however there are still not any proper effort to overcome it yet.Purposes of the Research: Knowing and analyzing gender-based violence on social media..Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: There are several forms and types of gender based violence in social media like cyber grooming, hacking, infringement of privacy, malicious distribution, revenge porn, impersonation, defamation, and online recruitment. Hence as the way to overcome it, the efforts that can be used is by penal and non-penal efforts. The penal efforts are the implementation of the integrated criminal justice system with gender justice and the regulatory reform through a bill to accommodate the criminal act of gender based violence. Meanwhile the non-penal efforts are by increasing the awareness and knowledge through the campaign movement against gender based violence in social media and providing the complaint and report service accesses (hotline) that are easy to be accessed and fast to respond.

Kekerasan Seksual Terhadap Perempuan (Kajian Perbandingan Indonesia-India) Yonna Beatrix Salamor; Anna Maria Salamor
Balobe Law Journal Vol. 2 No. 1 (2022): Volume 2 Nomor 1, April 2022
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v2i1.791

Introduction: Violence that occurs against women today is an individual problem or a national problem, but it is a global and even transnational problem. This is because violence against women is related to human rights issues. Violence against women does not only accur in Indonesia. Almost in every country women face various types of violence. One of the most prominent countries with violence against women is India.Purposes of the Research: The purpose of this article is to find out about the comparison of sexual violence against women in Indonesia and India.Methods of the Research: The research method used is normative juridical research that uses legal sources of material obtained through literature studies and statutory regulations.Results of the Research: Sexual violence against women is not only a problem in Indonesia, but also a problem in various parts of the world. Cases of sexual violence against women that accur in Indonesia-India continue to increase. Therefore, cases of violence against women in Indonesia must be handled properly. One of them must have legal regulation as a basis for preventing sexual violence against women. In India it self already has regulations on sexual violence against women but the handling is not running effectively due to caste factors, economic factors.

Perlindungan Hukum Bagi Transgender Sebagai Warga Binaan Pemasyarakatan Philippa Philomena Kosho; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.644

Introduction: Transgender is a term used to describe people who behave differently or appear to not match their gender. Regulations for the protection of transgender people in Indonesia do not exist hence cases pertaining transgender people are not clearly regulated. Purposes of the Research: The purpose of this study is to examine and analyze the position of transgender people as correctional residents and to examine and analyze legal protection for transgender as correctional residents.Methods of the Research: The type of legal research used is normative juridical. This type of research is conducted through a process of finding the rule of law, legal principles and legal doctrines to answer legal issues faced or research that refers to the norms found in the legislation. This research uses a statute and comparative approach.Results of the Research: This research concluded that the position of transgender people as correctional residents in Indonesia until now is not clear. The classification of correctional residents in prisons is based on sex identification (male and female) not gender qualifications hence that the position and development of transgender people is still equated with other correctional residents. In addition to this, until now there has been no specific picture of legal protection for transgender people as correctional residents due to the legal vacuum regarding transgender protection in Indonesia.

Perlindungan Hukum Terhadap Anak Dari Eksploitasi Seksual Ayu Intan Novelianna Setyono; Hadibah Zachra Wadjo; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i1.493

Introductioan: Legal Protection of Children from Sexual Exploitation is regulated in Law Number 35 of 2014 concerning Amendments to the Protection Law Number 23 of 2002 concerning Child Protection. The number of cases of sexual exploitation of children raises concerns, because it will cause suffering both physically and psychologically so that it affects the growth and development of children.Purposes of the Research: Knowing and analyzing the form of legal protection for children from sexual exploitation and what obstacles are encountered in protecting children from sexual exploitation.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: Based on the results of research on the forms of legal protection for children from sexual exploitation and what obstacles are encountered in protecting children from sexual exploitation, namely the definition of children according to the law, sexual violence and its forms, sexual exploitation in statutory regulations, and child protection in Indonesia, the constraints in protecting children from sexual exploitation and law enforcement on the protection of children from sexual exploitation.

Perspektif sobural terhadap tindakan pornografi yang dilakukan anak di media sosial Olivia Womtiseli Naomi Marantika; Sherly Adam; Yonna Beatrix Salamor
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 2 No. 1 (2022): Volume 2, Nomor 1, April 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v2i1.978

Introduction: This article discusses the soburural perspective on the acts of pornography committed by children on social media.Whether we realize it or not that most social media has spectacles or pages that are not worth watching by children such as pornography and this will dilute social and religious values. The presence of the internet is often seen as a medium that has an influence on the values adopted by society so that it results in disorganization. This kind of social condition turned out to be also supported by the formation of a layer of power in the mastery of internet technology so that gradually a condition of society that did not obey the rules was formed. Sobural theory that actually brings an understanding of the problem of criminal acts of pornography through the internet is not directed at the formation of a new culture through the attitude of abandoning old cultural values and accepting new cultural values, or adaptation to new cultural valuesPurposes of the Research: This article aims to analyze the sobural perspective on pornographic acts committed by children on social media and the impacts arising from pornographic acts committed by children on social media. discusses criminal law enforcement against the development of IT (internet) and gadgets that allow the transfer and transmission of pornographic material quickly and directly accessible to childrenMethods of the Research: Research methods used with normative juridical research type. The problem approach used is the legislation approach, the concept analysis approach, the case approach. Sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature studies and is further analyzed through the way of description using qualitative methods.Results of the Research: The results showed that the sobural perspective on pornographic acts committed by children on social media was not in accordance with social, cultural and structural values. As well as the impact of pornographic acts committed by children on social media are addiction, damage to the brain, decreased intellectual level, the desire to try and imitate, start doing pornographic actsgrfi.

Membangun Kesadaran Hukum Bagi Anak Dari Kenakalan Remaja Elsa Rina Maya Toule; Margie Gladis Sopacua; Astuti Nur Fadillah; Yonna Beatrix Salamor; Leonie Lokollo
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 1, Maret 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i1.1154

Introduction: Teenagers as holders of the baton for the next generation of the nation must be maintained in their growth and development. The phenomenon of juvenile delinquency today can be found in society.Purposes of Devotion: Community Service Activities are expected to provide answers about the development of juvenile delinquency and its legal consequences. The purpose of building legal awareness for children from juvenile delinquency is to provide education and understanding of legal regulations relating to children so that children in the future are not affected to commit acts of violence from juvenile delinquency that can lead to legal repercussions or consequences for the child. Method of Devotion: Carrying out legal counseling activities in Erie Hamlet, Nusaniwe Country, Ambon City, Maluku through panel discussions in which the presenters take turns presenting the material then followed by a question and answer session between the presenters and participants.Results of the Devotion: Teenagers as holders of the baton for the next generation of the nation must be maintained in their growth and development. Efforts to tackle juvenile delinquency cannot be done alone, but in overcoming it there must be cooperation between all elements, namely parents, the school, in this case the teacher who acts as a parent in the school, the government and the community.

Penerapan Hukum Terhadap Tindak Pidana Penyebaran Konten Pornografi Berdasarkan Presfektif Restorative Justice Fitrah Azizah Alif Permatasari; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1560

Introduction: The spread of pornographic content can be qualified as a crime because it fulfills the criminal element, namely the objective element and the subjective element.Purposes of the Research: To analyze and discuss Restorative Justice can be used in solving pornographic cases. Methods of the Research: Normative research, with a statutory approach and a conceptual approach, the problem approach used is literature study. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through qualitative analysis methods.Results of the Research: The spread of pornographic content can be qualified as a crime because it fulfills the criminal element, namely the objective element and the subjective element. Law enforcement The application of Restorative Justice can be used in every stage of the criminal justice system and the restorative justice process is only used if the general and specific requirements are met.

Penegakan Hukum Terhadap Peredaran Narkotika Jenis New Psychoactive Subtance di Indonesia Lisa Lisa; Deassy Jacomina Anthoneta Hehanussa; Yonna Beatrix Salamor
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1594

Introduction: NPS or new psychoactive substance is a new type of narcotic where the type of substance or content contained in it has not been regulated or has not been classified in legal regulations in Indonesia.Purposes of the Research: To analyze and discuss formulation policies against NPS narcotics. Reviewing and discussing the obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia. As one of the requirements to obtain a Bachelor of Laws degree at the Faculty of Law, University of Pattimura. Methods of the Research: This research is a normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach and the conceptual approach and the case approach. Sources of data obtained are primary legal materials, and secondary legal materials. The technique of collecting legal materials is by collecting and grouping them according to their respective parts, both primary and secondary law. All data in this study were analyzed qualitatively.Results of the Research: The results of this study indicate that from several alternative formulation policies of the Narcotics Law, the appropriate formulation policy to be applied in the future is to change the provisions of Article 6 of the Narcotics Law as follows: narcotics as referred to in Article 5: narcotics class I, narcotics class I II, class III narcotics, all derivatives of class I, II, III narcotics. Although in the future, all evidence must be presented by experts in court to determine whether a particular class of substance is included in the definition of narcotics in the Narcotics Act. But we must prevent all new types of narcotic crimes from escaping the law while maintaining legal certainty. Meanwhile, law enforcement against the circulation of NPS narcotics in Indonesia has not been going well. This is because there are still obstacles encountered in law enforcement against the circulation of NPS narcotics in Indonesia, namely: legal substance factors, law enforcement factors, facilities and infrastructure factors, modes that are always changing and the silent movement carried out by suspects and factors geographical conditions of the Unitary State of the Republic of Indonesia (NKRI).

Child Grooming Sebagai Bentuk Pelecehan Seksual Anak Melalui Aplikasi Permainan Daring Anna Maria Salamor; Astuti Nur Fadillah Mahmud; Patrick Corputty; Yonna Beatrix Salamor
SASI Vol 26 No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.381

The rapid development of society and the development of technological advancements with the use of the internet in addition to having a positive impact can also have an impact with increasing crime that appears With a variety of modus operandi based on technological tools that if not accompanied by the development of knowledge in society about the law will cause a person to become a criminal or being a victim of a criminal offense is not uncommon for children to be targeted as victims. One form of crime that occurs in society is the crime of sexual abuse of children through the internet so that the development of the rule of law is also demanded to be able to overcome the development of this problem. This study aims to assess and analyze whether child grooming can qualify as a form of sexual abuse against children. The method used in this study is normative juridical. The results obtained show that child grooming in Hago games through online media is done with the victim mode being asked to send photos or videos without using clothes or naked by the groomer. Groomer builds closeness with the initial mode of asking for the victim's wa number and establishing closeness, giving rise to sympathy and empathy so that closeness is established between the victim and the perpetrator.

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