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All Journal TAHKIM Pena Justisia: Media Komunikasi dan Kajian Hukum LEGAL BRIEF Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS)
Rahawarin, Fauzia
Institut Agama Islam Negeri Ambon
Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementasi Undang-Undang RI Nomor 22 Tahun 2009 Tentang Lalu Lintas dan Angkutan Jalan (Studi di Kota Ambon) Fauzia Rahawarin
TAHKIM Vol 12, No 2 (2016)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v12i2.45

Abstract

This study on the application of traffic laws aimed to determine the implementation of Law No. 22 of 2009 on traffic and road transport as well as the view of sociology of law on the level of compliance, adherence and awareness in the city of Ambon in motorcycle riding. Data were collected through field research and descriptive analysis qualitative. The results showed that the implementation of Law No. 22 Year 2009 regarding Traffic and Road Transportation already applied in the middle of Ambon City community. Unit Resort Police Ambon and PP. Lease disseminate legislation traffic and road transport in all kinds of places such as in schools of the first level or primary school, junior high, and high schools, bases taxis, offices, and campus. But in sociology of law on the level of compliance, adherence and awareness in the city of Ambon in riding motorcycles in traffic is low. Because, still common violations in road traffic, such as pengedara motorcycles were not wearing helmets and carrying no driver's license, vehicle registration, vehicle accessories and do not turn on the lights during the day. Thus the implementation of the Act have not been able to increase compliance and public awareness of the cultural city of Ambon orderly traffic. Keywords: implementation, traffic laws, motorcyclists, violations
PERAN POLRES PULAU AMBON & PP. LEASE TERHADAP TAWURAN ANTAR PELAJAR DI KOTA AMBON DITINJAU DARI HUKUM ISLAM Fauzia Rahawarin
TAHKIM Vol 11, No 1 (2015)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v11i1.11

Abstract

Brawl between students often occurs in the Ambon city. This study aims to determine how the handling of police Polres Pulau Ambon & PP. Lease of the brawl between students in the city of Ambon, and to find out how Islamic legal review of the brawl between students in the Ambon city. This type of research is the field Research. The type of data used are primary data and secondary data sourced from the study site and literature. Data were analyzed by deductive and inductive. Police handling of the brawl, the process of handling and guidance of the police that data held school of origin, residence address, ordered to perform physical activities and asked the whereabouts of parents. After that call, the parents and from the school, was given guidance by the police Polres Pulau Ambon & PP. Lease. According to Islamic law, students who are involved fighting between students can not be sentenced to a criminal, because immature. In addition, the handling of fighting between students in the Ambon city, according to Islamic law is coaching actors brawl between students, both the parents and teachers at school. Keywords: brawl, students, criminal liability, Islamic law
PENGELOLAAN KUALITAS AIR SUNGAI BATU MERAH AMBON (PERSPEKTIF HUKUM LINGKUNGAN) Fauzia Rahawarin
TAHKIM Vol 16, No 2 (2020): TAHKIM
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33477/thk.v16i2.1650

Abstract

Penelitian ini berkaitan dengan pengelolaan kualitas air terhadap tingkat pencemaran Sungai Batu Merah perspektif hukum lingkungan. Penurunan kualitas air akan menurunkan daya guna, hasil guna, produktivitas, daya dukung, daya tampung dari sumber air yang pada akhirnya akan menurukan kekayaan sumber daya alam. Metode penelitan yang digunakan adalah penelitian lapangan yang dilakukan di Dinas Lingkungan Hidup Kota Ambon dan warga desa Batu Merah Ambon. Metode pengumpulan data menggunakan observasi, dokumentasi dan wawancara. Analisis secara deskriptif kualitatif. Hasil penelitian bahwa pengelolaan kualitas air terhadap tingkat pencemaran sungai Batu Merah Ambon menunjukkan suhu air sungai Batu Merah tertinggi diperoleh pada tahun 2017 dan terendah tahun 2015; pH tertinggi ditemukan pada tahun 2016 dan terendah tahun 2018; TSS tertinggi pada tahun 2015 dan terendah tahun 2016; DO tertinggi pada tahun 2017 dan terendah 2018; BOD tertinggi pada tahun 2016 dan terendah tahun 2015; dan COD tertinggi pada tahun 2016 dan terendah pada tahun 2018. Kualitas air sungai Batu Merah Ambon dari tahun 2015 sampai tahun 2018 memperlihatkan perbedaan yang cukup signifikan. Data itu menunjukkan, pengelolaan kualitas air sungai Batu Merah Ambon belum sesuai dengan hukum lingkungan. Kata Kunci: kualitas air, pencemaran, sungai, hukum lingkungan
Form Of Legal Protection For Children Of Sexual Harassments In The Namlea State Court, Maluku Fauziah Rahawarin; Husin Wattimena
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (611.792 KB)

Abstract

This article aims to examine forms of legal protection for child sexual abuse perpetrators in the Namlea District Court in Maluku. This type of research is normative-empirical research. The data collection techniques of this research are literature study, documentation study, and interviews. There are two research data, namely primary data and secondary data. Primary data is the text of the law related to the criminal law system and child protection. Secondary data is data supporting primary data such as books and expert opinions. The data analysis process includes stages (1) word grouping, (2) data reduction, (3) data transcription, and (4) data interpretation. The results of this study indicate that the form of protection for child perpetrators of sexual abuse is resolved through a restorative justice approach in accordance with Law No. 11 of 2012 concerning the juvenile criminal justice system. In addition, diversion efforts must be carried out starting from the stage of investigation, prosecution, to trial in order to provide protection for children holistically.
Representation Of Legal Assistance Against The Criminal Action Of Murder In Tulehu In The State Court Of Ambon, Indonesia Fauziah Rahawarin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (533.442 KB) | DOI: 10.35335/legal.v11i3.391

Abstract

This study aims to represent legal assistance to the accused of the crime of murder in Tulehu which was tried at the Ambon District Court. This type of research is a qualitative research. There are two types of research data, namely primary data and secondary data. Primary data is the main data in the form of interviews with informants, while secondary data is documentation data that supports the research results. This research technique includes three stages, namely, the process of (1) reduction, (2) presentation, and (3) drawing conclusions. The results of this study concluded that 2. The protection of the rights of the accused of the crime of murder in Tulehu is not in accordance with the rule of law. The service for granting the rights of the accused through legal assistance provided to the accused of the crime of murder in Tulehu is not in accordance with the rule of law, this is because law enforcers in the sense of prosecutors and judges have not optimally carried out trial procedures according to the directions or instructions in the Criminal Procedure Code and the law. the law in order to create justice in maintaining the rights of the defendant. The prosecutor did not provide complete proof of the guilt of the defendant in the Tulehu murder crime in the facts of the trial, thus affecting the rights of the accused in order to obtain legal certainty and a sense of justice
Refresentation Of Criminal Case Settlement Outside The Court Using Larvul Ngabal Customary Law In Southeast Maluku District Fauziah Rahawarin
LEGAL BRIEF Vol. 12 No. 2 (2023): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i2.781

Abstract

Research on Lavrul Ngabal's customary law was carried out for the sake of developing legal and criminal knowledge which the Kei community considers to be quite an effective customary law norm. The purpose of this research is to represent the way of resolving criminal cases outside the court using customary law of Lavrul Ngabal as an effort to prevent and control crimes such as immoral acts. There are two sources of research data, namely primary data and secondary data. The primary data was obtained through interviews and observations, while the secondary data was obtained through a documentation study. The location of this research was conducted in Southeast Maluku Regency. The results of this study indicate that. Settlement of criminal cases outside the court using the customary law of Larvul Ngabal in Southeast Maluku Regency is through customary criminal justice carried out in the form of mediation (sdov: negotiations) involving kings, the parties involved, and clan heads. Traditional leaders in carrying out their functions as mediators, in practice traditional leaders generally use this approach together, especially in resolving private and public disputes
Analisis Yuridis Pengurangan Hukuman oleh Hakim Mahkamah Agung dalam Perkara Tindak Pidana Korupsi di Indonesia Fauzia Rahawarin; Syah Awaluddin; Ridwan Fauzi Lestaluhu; Nur Patima Sangadji; Astriyanti La Uma; Zulhairin Ode Yoni; Ade Riski Rumain
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.4867

Abstract

This paper examines the considerations of Supreme Court (MA) judges in reducing sentences for defendants of corruption crimes in Indonesia. The problem in this paper is what are the considerations of Supreme Court judges in reducing sentences for defendants of corruption crimes juridically. This research uses a juridical method by analyzing relevant theories, concepts, and laws and regulations. The results show that the judge's consideration is based on the good character of the defendant, the social impact, and the facts of the trial, referring to Law Number 48 of 2009 and Law Number 8 of 1981. Edhy Prabowo's case shows that the sentence reduction does not reflect public justice, on the contrary, Idrus Marham's case shows weakness due to the sentence reduction received.
Restorative Justice at the Grassroots: Exploring Cultural Integration and Police Facilitation in Criminal Case Settlements in Waesala, Indonesia Rahawarin, Fauzia; Wattimena, Husin; Muhammad Fadhil; Sahur Ramsay; La Ode Aindo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6521

Abstract

This study examines the effectiveness of Restorative Justice (RJ) implementation in resolving criminal cases in the jurisdiction of Waesala Police, West Seram Regency, Maluku Province. The study used a Mixed Methods Sequential Explanatory Design approach, combining quantitative analysis based on Structural Equation Modeling (SEM) and qualitative analysis through in-depth interviews and thematic coding with NVivo 12 Plus. The quantitative stage focuses on dimensions such as Police Socialization (SP), Victim Involvement (KK), Process Effectiveness (EP), and Satisfaction and Sense of Justice (KRK). The results of the CFA test showed high validity and reliability of the measurement model, with the dimensions of Empathy (EP) and Cultural Restorative Justice (KRK) as dominant contributors based on a factor loading value of 0.97. Qualitative findings revealed important themes such as barriers to victim education, the role of the police as a facilitator, perceptions of justice, and case criteria that are eligible for RJ. Data triangulation ensured depth of context and theoretical confirmation. The results of the study prove that RJ not only increases procedural satisfaction and social harmony, but is also in line with local cultural values ​​when facilitated properly. This study provides academic contributions as well as practical recommendations for law enforcement institutions in designing RJ policies that are relevant to local conditions.
Co-Authors Ade Riski Rumain Astriyanti La Uma Awaluddin, Syah Husin Wattimena La Ode Aindo Muhammad Fadhil Nur Patima Sangadji Ridwan Fauzi Lestaluhu sahur ramsay Wattimena, Husin Zulhairin Ode Yoni