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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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Journal : LEGAL BRIEF

 1 
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
Co-Authors Ade Riski Rumain Astriyanti La Uma Awaluddin, Syah Husin Wattimena Husin Wattimena La Ode Aindo Muhammad Fadhil Nur Patima Sangadji Ridwan Fauzi Lestaluhu Sahur Ramsay Zulhairin Ode Yoni