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Sherly Adam
Fakultas Hukum Universitas Pattimura
Law, Crime, Criminology & Criminal Justice

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Penyelesaian Kasus Perselingkuhan Melalui Sanksi Pidana Adat Di Kecamatan Pulau Wetang Petrus Ricardo Jotley; Elsa Rina Maya Toule; Sherly Adam
LUTUR Law Journal Vol 3 No 2 (2022): November 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.v3i2.10284

Abstract

The purpose in writing this is an affair that occurs either between a husband and wife of another person or between a husband or wife and another man or woman outside of the husband and wife relationship. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach then from the results of the description conclusions and suggestions can be drawn. The results of the study show that the form of settlement of cases of infidelity/adultery through customary fines is carried out by means of requests for accountability to men to marry girls or wives of people who commit adultery/adultery, if they do not fulfill requests to marry other people's girls or wives then they are obliged to do so. payment of customary fines to the girl or wife of the person who has been harmed as well as the form of customary fines which are intended as customary sanctions in the form of two gold moons the size of a palm, one basta, animal/livestock, cows and Completion of customary fines in cases of infidelity/adultery through customary criminal sanctions in Pulau Wetang District are not appropriate and positive law is not recognized, because the act of damaging property precedes the existence of a customary settlement which has received criticism and rejection from the local indigenous people to the Village Government and Saniri Negeri. The settlement of adultery or extramarital affairs should only be done through traditional forums by following the provisions of customary fines decided at the Saniri customary assembly, not by destroying the property of the parties who have committed adultery or adultery.
Koordinasi Kelembagaan dalam Penenggelaman Kapal Hasil Tindak Pidana Di Bidang Perikanan Sherly Adam
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.291

Abstract

His study aims to determine to examine, analyze coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. This research is a normative legal research (legal research). The research began with an inventory of legal regulations or laws and regulations relating to coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. According to the Law, there are two methods of sinking ships carried out by the Government of the Republic of Indonesia, namely sinking ships through a court decision and being caught red-handed. For this reason, there is coordination between institutions in the framework of sinking fishing vessels by the Minister of Maritime Affairs and Fisheries (government) of the Republic of Indonesia, but the coordination of these institutions has not yet been implemented or carried out properly. This is due to unclear regulations regarding operational standards or guidelines for the destruction or sinking of fishing vessels which regulate the implementation, mechanism, and procedure for the destruction of ships to be used as a basis for the Ministry of Maritime Affairs and Fisheries, Prosecutors' Office and the Courts in sinking fishing vessels conducting Illegal Fishing in Indonesian waters.
Co-Authors Elsa Rina Maya Toule Petrus Ricardo Jotley