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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum SASI
Hadibah Zachra Wadjo
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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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 Pattimura University

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

Abstract

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.
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

Abstract

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.
Efektifitas Undang-Undang Perlindungan Anak Dalam Melindungi Anak Korban Tindak Pidana Perkosaan Oleh Orang Terdekat Veren Martha Habel; Hadibah Zachra Wadjo; Judy Marria Saimima
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1865

Abstract

Introduction: Protection for children takes the form of protection from acts of violence, whether physical violence, psychological violence, neglect, even sexual crimes.Purposes of the Research: The research objectives are; (1) to examine and explain the effectiveness of the Child Protection Law in protecting child victims of criminal acts of rape by those closest to them, (2) to examine and explain the obstacles experienced by investigators in handling criminal acts of child molestation.Methods of the Research: The author uses normative research methods, uses a factual approach and a statutory approach, normative legal research is also known as doctrinal legal research, and is then analyzed qualitatively descriptively to produce a conclusion.Results of the Research: Based on the research results obtained, consumer protection is all efforts made to protect interests and ensure legal certainty for consumers. In this effort, the rights and obligations of consumers and business actors cannot be separated. The Covid-19 pandemic has had a major impact on consumers' rights to comfort and safety in consuming goods and/or services in e-commerce agreements. Therefore, legal protection is needed for consumers, both preventively and repressively, so that every consumer's rights can be protected and their rights maintained.
Penyelesaian Perkara Anak Sebagai Pelaku dan Korban Ditinjau Dari Asas Kepentingan Terbaik Bagi Anak Hadibah Zachra Wadjo; Elias Zadrach Leasa; Denny Latumaerissa; Judy Marria Saimima
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.306

Abstract

In reality, specifically for the principle of the best interests of children who are accommodated in the Aanak Criminal Justice System Act not yet maximized to be applied in cases of children who are dealing with the law both against children as perpetrators and children as victims, which in the settlement of losses suffered by children as a victim of a criminal offense, it has not been concretely felt. Based on the explanation above, the problem that the writer wants to analyze is Is the settlement of the case of children considering the best interests of the child as the perpetrator and the child as the victim? Constraints in fulfilling the best interests principle for children as perpetrators and children as victims. The research method used is a type of empirical juridical research. The results showed that the fulfillment of the best interests of children in the case of children in conflict with the law must be supported by all relevant stakeholders so that children's rights can be implemented at all stages of the case inspection in accordance with the mandate of the Aanak Criminal Justice System Law and the Law related, it is not enough there, the fulfillment of the best interests must also continue to be supported back to the community. Obstacles in fulfilling the best interests of cases of children in conflict with the law, namely the lack of investigators for the protection of women and children, inadequate facilities or infrastructure, human resources both for women and children protection investigators and for assisting victims who are not yet qualified, lack of budget in case settlement children in conflict with the law.
Co-Authors Ayu Intan Novelianna Setyono Carolina Tuhumury Deassy Jacomina Anthoneta Hehanussa Denny Latumaerissa Deotrich Sammuel Sahetapy Dilva Sahara Drachman Elias Zadrach Leasa Elsa Rina Maya Toule Gabriella Fenisia Klarci Elias John Dirk Pasalbessy Lionie Lokollo Margie Gladies Sopacua Mega Sofia Tawainella Nandito Joi Sangadji Patrick Corputty Rafli Rizki Rasyid Risky Themar Bes Safsafubun Saimima, Judy Marria Sherly Adam Stelvia Wemly Noya Tino Y S Hattu Veren Martha Habel Yonna Beatrix Salamor Zeti Utami