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All Journal LUTUR Law Journal SASI Journal of Adat Recht
Hadibah Zachra Wadjo
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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Penerapan Restoratif Justice Terhadap Pelaku Tindak Pidana Penganiayaan Anak Benony Gardjalay; Hadibah Zachra Wadjo; Yeheskel Wessy
LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v3i1.10278

Abstract

In accordance with the problems mentioned earlier, this research is a normative study of the application of restorative justice to perpetrators of criminal acts of child abuse through a conceptual approach, a statutory approach, prioritizing the use of legal materials through normative and empirical studies and various findings regarding the application of restorative justice against Perpetrators of Crime of Child Abuse, then from the results of this description conclusions and suggestions can be drawn. The results of the research and analysis use the concept of legal protection, which is an initial framework for thinking about the implementation of restorative justice for perpetrators of child abuse crimes. The results of the study show that the perpetrators and/or suspects of child abuse can be submitted to restorative justice by fulfilling various formal requirements for the victim by involving the families of both parties and related elements in society, namely resolving problems amicably by prioritizing applicable customary law and binding for the purpose of terminating an investigation based on restorative justice.
PENCEMARAN NAMA BAIK DALAM PEMBERITAAN PERS Hadibah Zachra Wadjo
SASI Vol 17, No 2 (2011): Volume 17 Nomor 2, April - Juni 2011
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v17i2.353

Abstract

Development of the press or mass media today are influenced by several factors indicate changes in the face of the press or mass media ie, before delivering the news the press does not investigate the validity or subjects who reported whether true or not, obtained Press Publishing Business License (SIUUP) and improving the quality of journalism inadequate. Then the rise of new media including the Internet, multimedia technology, and next faces the press institutionalism practice that is due to pressure owners of capital, government pressure and pressure groups both internally and externally. Results showed, after the press tripped law have been regarded as preaching defame a person or group then the solution is still wearing articles of the Penal Code. It is not in line with what is desired by members of the press or mass media, because there are no rules that specifically regulates defamation committed by the press or mass media as well as Law No. 40 of 1999 on the Press, did not set any single article regarding defamation, only regulate the right of reply, rejected the right and the right correction.
PEMIDANAAN ANAK DALAM PERSPEKTIF KEADILAN RESTORATIF Hadibah Zachra Wadjo
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.171

Abstract

The Indonesian Penal Code system enters a new phase in its development. One of the reforms existing in the Indonesian Penal Code is the regulation of criminal law in perspective and the achievement of justice to the improvement and restoration of the situation after the events and processes of criminal justice known as restorative justice which is different from retributive justice (emphasizing justice on retaliation ) And restitutive justice (emphasizing justice on compensation). Children are part of the citizens who must be protected because they are a generation of nation that in the future will continue the leadership of the Indonesian nation. Each child in addition must get a formal education such as school, also must get a moral education so that they can grow into a figure that is useful for the nation and state. In accordance with the provisions of the Convention on the Rights of the Child ratified by the Indonesian government through Presidential Decree No. 36 of 1990, then also set forth in Law No. 4 of 1979 on Child Welfare and Law No. 23 of 2002 On Child Protection and Law No. 11 of 2012 on the Criminal Justice System of the Child which all present general principles of child protection, namely non-discrimination, best interests for children, survival and growth
Critical Analysis of Customary Law and Community Welfare Judy Marria Saimima; Hadibah Zachra Wadjo; Harly Clifford Jonas Salmon
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b2vetj66

Abstract

This study aims to critically analyze the role of customary law in improving community welfare, as well as how customary law is accommodated or confronted with the national legal system in the context of development. The method used is the Systematic Literature Review (SLR), which allows researchers to compile and synthesize information from various academic sources systematically, structured, and critically. The research process begins with the formulation of research questions, literature selection based on inclusion and exclusion criteria, evaluation of source quality, to narrative synthesis of the main themes that emerge from the literature, such as customary-based natural resource management, protection of local community rights, and state recognition of customary law. The results of the study show that customary law, as an unwritten legal system that is flexible and contextual, plays an important role in maintaining cultural identity, resolving conflicts, and managing resources sustainably. Although recognized in the constitution, customary law faces external challenges such as modernization and pressure from state law, as well as internal challenges such as potential discrimination and cultural commodification. Therefore, it is necessary to update customary law to be more inclusive and adaptive, as well as harmonious integration with national law supported by government policies, customary leaders, and civil society. This study emphasizes the importance of strengthening customary law as a strategic element in realizing the welfare of indigenous communities in a just and sustainable manner.          
Co-Authors Benony Gardjalay Harly Clifford Jonas Salmon Saimima, Judy Marria Yeheskel Wessy