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Penyuluhan Hukum Tentang Tindak Pidana Kekerasan Dalam Rumah Tangga Dan Penanganannya Di Desa Rumberu, Kecamatan Inamosol Kabupaten Seram Bagian Barat Judy Marria Saimima; Carolina Tuhumury; Akhmad Iqbal Jihad Masuku
AIWADTHU: Jurnal Pengabdian Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, September 2021
Publisher : Faculty of Law Pattimura University

Introduction: In the current development of society, acts of domestic violence in the form of physical, psychological, sexual and neglect in domestic life actually occur, so that in order to eliminate domestic violence, an effective handling or law enforcement action is needed.Purposes of Devotion: To provide a legal understanding of criminal acts of domestic violence and its handling in Rumberu Village, Inamosol District, West Seram Regency. Method of Devotion: Conducted by the lecture method by each presenter, after the presentation of the material, the participants are given the opportunity to convey the legal problems experienced, then answered by the presenter in accordance with the substance of the material presented.Results of the Devotion: The public can understand that all forms of violence, especially domestic violence, are violations of human rights and crimes against human dignity as well as forms of discrimination that must be eliminated. Legal understanding of PKDRT helps the community, especially in RT.004/Kilo 9 Rumberu Village, Inamosol District, West Seram Regency to realize their rights.

Penegakan Hukum Terhadap Pasien Covid-19 Yang Melakukan Perlawanan Protokol Kesehatan Boy Maulany; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Law Enforcement Against Covid-19 Patients who oppose health protocols is urgently needed considering the flight of Covid-19 patients with status (PDP) is very dangerous, because Corona virus disease 2019 (covid-19) is a contagious disease so that fast preventive action is needed from the government. Indonesia. In responding to this, the Indonesian government uses Law Number 6 of 2018 concerning Health Quarantine, to take preventive and handling measures against the entry or exit of disease. However, resistance to health protocols is still being carried out by the Indonesian people, especially Covid-19 patients.Purposes of the Research: Aims to analyze and discuss Covid-19 patients who oppose health protocols, can be held criminally accountable and law enforcement against Covid-19 patients who oppose health protocols. The method used in this paper is a normative legal research method. The legal materials used are primary, secondary and tertiary legal materials. Methods of the Research: In this legal research, the author uses normative research. Normative research is library research, where in normative research library materials are data sources which are classified as secondary data in research. Secondary data has a broad scope, ranging from personal letters, book, to afficial documents issued by the government.Results of the Research: The results showed that Covid-19 patients who violated the health protocols set by the government could be subject to sanctions as a form of criminal liability. Thus, for Covid-19 patients who violate the provisions of the applicable laws and regulations, the authorities can take firm action by imposing sanctions in accordance with the provisions of the applicable regulations.

Perempuan Sebagai Pelaku Kekerasan dalam Rumah Tangga Fabio Alexsandro Soselisa; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 1, No 12 (2022): Volume 1 Nomor 12, Februari 2022
Publisher : Faculty of Law Pattimura University

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Introduction: Domestic Violence is a crime that has been happening globally for a long time and usually the perpetrators are men, but women can become perpetrators of Domestic Violence because women are one of the spheres of the household.Purposes of the Research: To be able to find out how the accountability of women as perpetrators in criminal acts of domestic violence. Methods of the Research: The method used is a normative research method with a statute, conceptual, and case approach.Results of the Research: In responsibility for the crime, there are processes or stages that must be carried out by perpetrators of domestic violence, starting from the police, the prosecutor's office, and in court. in handling criminal cases, for female perpetrators, the Supreme Court issues Perma No. 3 of 2017 concerning Guidelines for Adjudicating Cases of Women Against the Law, which in this Perma focuses on women as victims, women as witnesses and, women as perpetrators of criminal acts, and in sentencing the sentence usually depends on the judge's decision in accordance with legal facts and laws, or regulations.

Penerapan Proses Restorative Justice Melalui Pendekatan Restorative Conferencing Initiatives Di Indonesia Melva Noya; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 1, No 4 (2021): Volume 1 Nomor 4, Juni 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The Restorative Converencing Initiative is a criminal settlement system that involves perpetrators, victims and related parties, in this way it is hoped that it can solve a crime with the aim of returning everything to its original state.Purposes of the Research: know how to apply the restorative conference initiative process in Indonesia and second, the author wants to examine the process of applying the restorative conference method in the criminal justice system in Indonesia.Methods of the Research: The research method used is Normative-Empirical legal research, the problem approach used is a conceptual approach using primary, secondary legal materials, qualitative analysis.Results of the Research: The results show that Restorative Converencing Initiatives are not something new in Indonesia. Long before the country became independent, indigenous groups had already resolved legal problems using the Restorative Converencing Initiatives. It's just that for naming according to the development of the legal world, then we are familiar with the term Restorative Converencing Initiatives. The settlement process varies according to prevailing customs and social systems in the community group. The basis for conflict resolution using the Converencing Initiatives method is to maintain a balance and kinship in the community.

Penerapan Pasal 59 Undang-Undang Nomor 35 Tahun 2014 Terhadap Anak sebagai Korban Perlakuan Salah dan Penelantaran Pricilia Uty Vianty Loppies; Elsa Rina Maya Toule; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Children are entrusted by God who must be guarded, cared for, and also loved because children are a mandate as well as a gift from God that is one and only one that we must always protect because they are inherent in their dignity and human rights that must be upheld. The law has regulated special protection for children who are victims of abuse and neglect but it has not been effective yet because it has not had a deterrent effect on parents.Purposes of the Research: This study aims to examine and explain the form of law enforcement against child victims of abuse and neglect.Methods of the Research: The research method in this writing uses empirical research, with a descriptive analytical approach, the problem approach used is library research and field studies. The sources of legal materials used are primary legal materials and secondary legal materials. Data collection techniques through unstructured interviews and literature study were then analyzed.Results of the Research: The results showed that the mistreatment and abandonment of children is due to lack of economic factors, attention and awareness of parents so as to make the child dare to sell newspapers, menmen, and pick up scrap metal. Not only that the role of law enforcement officials has not been effective to handle the case so there has been no deterrent effect for parents and children.

Perlindungan Hukum Terhadap Anak Korban Kekerasan yang dilakukan oleh Orang Tua Wali Jeheskel Retraubun; Sherly Adam; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 2, No 12 (2023): Volume 2 Nomor 12, Februari 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i12.1460

Introduction: A child is vulnerable to being a victim of abuse. The perpetrator could be the closest person, it is even possible that the child's parents themselves.Purposes of the Research: The purpose of this paper is to analyze and discuss the regulation of the rights of children victims of violence in the care of their parents guardians in the law as well as to analyze and discuss forms of special protection for children victims of violence by their parents. Methods of the Research: The type of research used is a normative legal research type (juridical normative), the problem approach used in this paper is a statutory approach (statute approach), concept analysis approach (analytical approach) and case approach (case approach). The materials used are primary legal materials and secondary legal materials. The collection of legal materials carried out in this study was carried out through library research, then analyzed using qualitative methods.Results of the Research: The regulation of legal protection for children victims of violence in the care of parents guardians in the law where the law of protection of children victims of violence committed. Forms of legal protection for children who are victims of violence carried out by parents and guardians provided by the government are coaching, mentoring, and social, health, physical and mental recovery. Then the form of special protection provided by the community and parents is to provide facilities and infrastructure, create a conducive atmosphere for children's growth and development, and nurture, nurture, educate and protect children.

Penolakan Pasien Dalam Keadaan Darurat Karena Belum Divaksin Nandito Joi Sangadji; Hadibah Zachra Wadjo; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 3, No 5 (2023): Volume 3 Nomor 5, Juli 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i5.1808

Introduction: Criminal liability arises when the damage caused by the negligence of the hospital's medical staff meets three factors: The three factors are the presence or absence of negligence, wrongdoing, and other relevant sanctions. In addition, under the criminal justice system, if a company commits a crime, its owner can be jailed or fined.Purposes of the Research: This study aims to analyze and explain the refusal of patients in an emergency situation because they have not been vaccinated against the Health Law Number 36 of 2009 and to analyze and explain the legal policy mechanism taken for patients in an emergency situation because they have not been vaccinated who are referred to the hospital.Methods of the Research: The type of research used is normative, which is focused on providing explanations that explain a particular category. Approach the problem of the statute approach (statute approach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then free from secondary legal materials. The processing and analysis of legal materials is described in a qualitative way with the aim of describing the findings in the field.Results of the Research: The refusal of patients in an emergency situation because they have not been vaccinated is contrary to the Health Law No. 36 of 2009. In which the Law of the Republic of Indonesia No. 36 of 2009 concerning Health has regulated the refusal of health services by hospitals. The legal policy mechanism that is taken for emergency patients because they have not been vaccinated is that they still pay attention to the existing legal rules for both patients and for the hospital, by prioritizing patient safety first, all patients are entitled to outpatient medical services, inpatient care, or emergency department at a health facility. This is regulated in the Law of the Republic of Indonesia number 29 of 2004 concerning medical practice, Law of the Republic of Indonesia number 36 of 2009 concerning health. The refusal to take care of the patient's health is ignored by medical institutions, because it can worsen the patient's condition.

Tinjauan Turidis Terhadap Pemulihan Nama Baik Bagi Terdakwa Yang Dinyatakan Bebas Arjun Arjun; Juanrico Alfaromona Sumarezs Titahelu; Carolina Tuhumury
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1853

Introduction: Rehabilitation to restore the good name of a defendant who has been acquitted is a right that must be obtained by every defendant.Purposes of the Research: Based on the above background, the objectives to be achieved in this research are: 1. To examine and explain what are the legal reasons so that restoration of good name is possible in criminal cases. 2. To review and explain the implementation procedure in terms of obtaining the restoration of good name for a defendant. Methods of the Research: The research method used is a normative juridical research type. The problem approach used is the statutory approach and the conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. The collection technique is through literature study and then analyzed through description using qualitative methods.Results of the Research: The results of the research and conclusions that the author can draw are showing how a defendant gets a recovery on his good name which has been regulated in Law No. 27 of 1983 concerning the implementation of the Criminal Procedure Code which contains procedures for rehabilitation so that a defendant can fulfill his rights in restoring his good name which has been further tarnished on charges that were not committed.

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