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Kajian Krimonologis Penanganan Kejahatan Percabulan Terhadap Anak Rafli Rizki Rasyid; Deassy Jacomina Anthoneta Hehanussa; Hadibah Zachra Wadjo
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 11 (2022): Volume 1 Nomor 11, Januari 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i11.871

Introduction: This article discusses cases of sexual immorality against children which continue to increase from time to time in terms of quantity and quality. The perpetrators of sexual abuse against children are mostly from the environment around which the child is locatedPurposes of the Research: This article aims to examine and discuss the factors causing the crime of child sexual abuse and the obstacles encountered by the West Seram Police. Methods of the Research: The research method used in this research is the juridical-empis method or in other words the sociological legal research method and is called field research. This type of research is analytical using a juridical-empirical approach. The data used include primary data, namely direct data and secondary data, namely indirect data.Results of the Research: The results of this study indicate that the incidence of fornication against children in the West Seram District Police increased due to alcohol, economic factors, lack of parental supervision and mass media factors. And the obstacles encountered were the lack of legal understanding from the community so that they were less cooperative in fulfilling the summons of investigators.

Penjatuhan Sanksi Bagi Anak Didik Pemasyarakatan Pasca Melarikan Diri (Studi pada Lembaga Pembinaan Khusus Anak Kelas II Ambon) Deotrich Sammuel Sahetapy; Sherly Adam; Hadibah Zachra Wadjo
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 5 (2021): Volume 1 Nomor 5, Juli 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i5.629

Introduction: The imposition of sanctions for correctional protégés who escape from the Ambon Class II Special Guidance Institute for Children when the child is serving his criminal period.Purposes of the Research: The purpose of this article is to analyze and discuss the sanctions imposed on correctional students after escaping from the Special Development Institute of Children Class II Ambon.Methods of the Research: The research method used in this research is empirical juridical/sociological juridical, which is a type of research that aims to describe a statement that is in the field based on legal principles, legal rules or legislation that applies and has something to do with the problems that occur.Results of the Research: The results showed that the imposition of sanctions on correctional students after escaping from the Ambon Class II Children's Special Guidance Institute based on the classification of violations of the seriousness level including serious disciplinary violations and if adjusted to the type of disciplinary sanctions the actions of the correctional students were classified as severe disciplinary sanctions, so that the sanctions imposed were severe. imposed or given by the Ambon Class II Children's Special Guidance Institute to correctional students, namely the sanction of cleaning the bathroom.

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.

Penerapan Sanksi Pidana Terhadap Pelaku Tindak Pidana Pembunuhan Yang Dilakukan Oleh Anak Risky Themar Bes Safsafubun; Hadibah Zachra Wadjo; MARGIE GLADIES SOPACUA
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 1 No. 2 (2021): Volume 1, Nomor 2, Oktober 2021
Publisher : Faculty of Law, Universitas Pattimura

Introductioan: This article analyzes the application of appropriate criminal sanctions against children as perpetrators of the crime of murder.Purposes of the Research: The purpose of this article is to clarify the application of appropriate criminal sanctions against children as perpetrators of the crime of murder. Methods of the Research: This article uses a normative writing method with an analytical descriptive approach. Results of the Research: Decision number 8/Pid.Sus-Anak/2018/PNAmb Son of Irawan Alias Iwan is proven legally and convincingly guilty of committing a criminal act of Deliberately Taking the Life of Another, as regulated in Article 338 of the Criminal Code; Sentencing the child Irawan Alias Iwan in the form of imprisonment for 5 (five) years reduced as long as the child is temporarily detained, with an order to remain detained. As for Article 71 paragraph (5) of Law No. 11 of 2012 stipulates: further provisions regarding the form and procedure of criminal execution as referred to in paragraph (1), paragraph (2), and paragraph (3) shall be regulated by a Government Regulation. Similarly, the provisions contained in Article 82 paragraph (4) of Law no. 11 of 2012 states: further provisions regarding actions as referred to in paragraph (1) shall be regulated by a Government Regulation.

Perlindungan Hukum Terhadap Pekerja Seks Komersil Anak Di Kabupaten Kepulauan Aru Zeti Utami; Hadibah Zachra Wadjo
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol. 1 No. 1 (2021): Volume 1, Nomor 1, April 2021
Publisher : Faculty of Law, Universitas Pattimura

Introductioan: Protection provided by Law Number 35 of 2014 in Article 68, namely legal protection for children of special commercial sex workers is carried out through efforts of supervision, protection, prevention, care and rehabilitation as well as legal assistance.Purposes of the Research: This study aims to analyze and discuss the form of legal protection for child commercial sex workers in Aru Islands Regency. Methods of the Research: The research method used is normative juridical research. The type of research is descriptive analytical. The source of legal materials is primary and secondary legal materials. The collection technique is through library research and further analyzed by means of descriptions using qualitative methods. Based on the results and discussion. Results of the Research: Legal protection for Child Commercial Sex Workers that has been carried out by the government in the Aru Islands by providing assistance for child commercial sex workers by the Office of Women's Empowerment and Child Protection in the form of medical assistance and psychological assistance. However, legal protection for child commercial sex workers has not been maximized as mandated by law, this can be seen from the form of legal protection provided to child victims of commercial sex workers in the Aru Islands, only limited to assistance by the Office of Women's Empowerment and Child Protection in the Aru Islands. in the investigation stage, this is due to a lack of synergy between legal protection institutions and the absence of a legal umbrella in the form of Regional Regulations in the Aru Islands.

Kajian Kriminologis Tingkat Kejahatan Di Jembatan Merah Putih Kota Ambon Dilva Sahara Drachman; Hadibah Zachra Wadjo; Lionie Lokollo
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 9 (2022): Volume 2 Nomor 9, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i9.1435

Introduction: Crime or usually also called criminology is an act or act that violates or does not comply with the values of goodness or holiness that have been agreed upon by members of the community based on religious values or certain regulations.Purposes of the Research: To discuss what factors are the causes of crime at the Merah Putih Bridge (JMP) as well as the prevention efforts carried out by both the police and the community in preventing crime at the Red and White Bridge (JMP) Ambon City. Methods of the Research: This research method is a type of empirical juridical research, or what is commonly referred to as field research which examines the applicable legal provisions and the actions carried out by the community itself in its environment.Results of the Research: The crimes that occurred at the Merah Putih Bridge (JMP) were caused by various factors including the Merah Putih Bridge (JMP) which is the main route so that it is crossed by various kinds of vehicles, potential crowds, economic conditions, lack of attention from the local government and the absence of security posts around the Red and White Bridge (JMP). The form of prevention efforts that must be carried out by the community so that crime does not happen again at Jembatan Merah Putih (JMP) is to not go through it if there is no urgent need. And for the police, they should build security posts around the Red and White Bridge (JMP) and carry out strict guarding. So with this the police can monitor the movements of people who will commit crimes so that they can be prevented so that crime does not occur.

Perlindungan Hukum Terhadap Anak Korban Perundungan di Lingkungan Sekolah Hadibah Zachra Wadjo; Denny Latumaerissa; Judy Marria Saimima; Patrick Corputty
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.v3i1.1158

Introduction: Bullying can happen anytime and anywhere, both in the real world such as at school, at home, in restaurants, or in cyberspace, and can also happen to anyone, including school students.Purposes of Devotion: This service activity aims to find out about bullying, the types and juridical consequences of bullying so as to form understanding and legal awareness for PKM participants. Method of Devotion: Carrying out legal counseling activities in Talaga Hamlet, Piru, West Seram, through panel discussions in which the speaker conveys the material then followed by a question and answer session between the presenter and the participants.Results of the Devotion: Children as the nation's successors must be protected in their growth and development, including from crime or bullying/bullying. Legal protection for children who are victims of the crime of bullying is contained in Article 76C of Law Number 35 of 2014 concerning Child Protection, which substantially accommodates the prohibition against committing violence against children, then legal protection for children who are victims of bullying is not enough only through only repressive efforts, but it is much more effective if there are preventive efforts carried out, one of which is through legal counseling activities that must be carried out on an ongoing basis to foster legal understanding and awareness, as well as the active role of the school, parents and the surrounding community is very important to apply in life.

Pembinaan Terhadap Anak Binaan Residivis Di Lembaga Pembinaan Gabriella Fenisia Klarci Elias; John Dirk Pasalbessy; Hadibah Zachra Wadjo
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.v3i2.1562

Introduction: The child is the mandate of God Almighty, who has the dignity and dignity of the whole person.Purposes of the Research: Analyze and describe the forms of fostering recidivist foster children at the Class II Ambon Special Children Development Institution and the influence between the results of fostering fostered children and criminal acts that were committed later. Methods of the Research: This research uses a research approach carried out juridically empirically. The data sources collected used field research (interviews) and literature research, using primary and secondary data. Data analysis using qualitative data analysis.Results of the Research: Based on the results of research and discussion, it can be concluded that the form of coaching for Recidivist Fostered Children at the Ambon Class II Children's Special Development Institution at the time of coaching includes: Personality Coaching, Skills Development, and Formal and Non-Formal Education and the influence between the results of coaching fostered children and criminal acts committed then there is no influence on the results of coaching fostered children, because when the child returns to society the child has no confidence and no energy to act positively. Thus it will have a negative effect and there are opportunities that make children look at their world unkindly, feel that they are not treated fairly and create the potential for frustration to commit crimes in the future which results in no deterrent effect so as to cause a repeat of crimes in the future.

Advokasi Oleh Lembaga Adat Terhadap Korban Kekerasan Dalam Rumah Tangga Di Desa Tutuwaru Kecamatan Pulau Leti Kabupaten Maluku Barat Daya Hadibah Zachra Wadjo; Stelvia Wemly Noya
PAMALI: Pattimura Magister Law Review Vol. 3 No. 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1741

Introduction: Settlement of cases in people's lives in Southwest Maluku Regency is mostly resolved through the Customary Courts or better known as the Customary Institutions. One of the problems that is always resolved in customary institutions is cases of domestic violence. The legal basis is the Criminal Code, Article 356 Apart from being regulated in the Criminal Code it is also regulated in Law no. 23 of 2014 concerning the Elimination of Domestic Violence.Purposes of the Research: The aim of the research is to find out efforts to prevent criminal acts of domestic violence, overcome criminal acts of domestic violence, how do traditional institutions play a role in victims of domestic violence in the village of Tutuwaru.Methods of the Research: This type of research is normative empirical research, namely research with field data as the main data source, such as interviews and observations.Results of the Research: Research results show severe psychological suffering to someone. But by reconsidering what the risks are if her husband is in jail. So the victim chose to resolve cases of domestic violence through traditional channels. Completion according to custom or kinship which is usually carried out by the Tutuwaru village customary institution.

Pertanggungjawaban Pidana Terhadap Pelaku Usaha Penimbun Minyak Goreng Bersubsidi Mega Sofia Tawainella; Hadibah Zachra Wadjo; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol. 3 No. 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1800

Introduction: Currently, most cooking oil in circulation tends to be pegged at the old price or above the Highest Retail Price (HET) set by the government some time ago.Purposes of the Research: This research aims to analyze and explain criminal liability for business actors who hoard subsidized cooking oil. Analyze and explain supervision and law enforcement for business actors who hoard subsidized cooking oil. Methods of the Research: The type of research used is normative, namely research that focuses on providing a systematic explanation that regulates a certain category. The problem approaches are the statutory approach and the conceptual approach. Collecting legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials are described qualitatively.Results of the Research: Entrepreneurs in the business of hoarding subsidized cooking oil can be held criminally liable, namely in the form of imprisonment, compensation for fines or revocation of business permits. Regarding supervision and law enforcement for business actors hoarding cooking oil, it is still felt to be inadequate because law enforcement's understanding of the hoarded cooking oil commodity is whether it is a prohibited commodity or carries a criminal penalty if hoarding occurs and feels this is a problem for the Ministry of Trade and regional governments. The author would like to add that there is no criminal liability for the case of hoarding cooking oil because what is being processed is not a corruption crime at the Ministry of Trade involving entrepreneurs and the Director General of the Ministry of Trade.

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