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All Journal LUTUR Law Journal Journal Law and Government Journal of Strafvordering Indonesian
Sherly Adam
Fakultas Hukum Universitas Pattimura
Education Law, Crime, Criminology & Criminal Justice Other

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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 Volume 3 Nomor 2 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.
Law Enforcement And Socio-Legal Approaches In Combating Destructive Fishing Crimes In Maluku: Policy Analysis, Implementation Challenges, And Community Empowerment Sherly Adam; Harly Clifford Jonas Salmon; Astuti Nur Fadilah
Journal of Strafvordering Indonesian Vol. 2 No. 5 (2025): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/23gqwq63

Abstract

Destructive fishing is a form of fisheries crime that causes ecological damage and threatens the socio-economic stability of coastal communities. Maluku Province, a strategic archipelagic region highly dependent on marine resources, faces significant challenges in preventing and combating this practice. This study analyzes the enforcement of destructive fishing offenses through normative-juridical and socio-legal approaches by examining national legal frameworks, the effectiveness of the lex specialis principle, institutional enforcement capacity, and socio-economic dynamics and legal culture among coastal communities. The findings reveal that although national legal provisions offer a strong normative foundation, law enforcement in Maluku remains constrained by geographical barriers, limited numbers of specialized fisheries investigators, and insufficient maritime surveillance infrastructure. Additionally, economic pressure, lack of access to sustainable fishing technologies, and low legal awareness contribute to persistent destructive fishing practices. Addressing this issue requires integrating penal instruments with community-based empowerment strategies, including the revitalization of traditional norms such as sasi laut, capacity-building for enforcement officers, technological strengthening of maritime monitoring, and the development of coastal livelihood alternatives. This study concludes that successful mitigation of destructive fishing depends on the synergy between legal policies, community participation, and sustained institutional strengthening.
Penegakan Kode Etik Terhadap Anggota Polri Yang Melakukan Penganiayaan Terhadap Sesama Anggota Polri (Studi Bidpropam Polda Maluku) Andi Muhammad Taufik Rahadi; Sherly Adam; Michael Rolando Singkery
Journal Law and Government Vol 4, No 2 (2026): Agustus
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jlag.v4i2.40335

Abstract

The enforcement of the Indonesian National Police (Polri) Code of Ethics plays a crucial role in maintaining the professionalism and integrity of the police institution, particularly in addressing violations committed by police officers. This study aims to analyze the mechanisms for handling and enforcing the Code of Ethics against police officers involved in assault cases at the Professional and Security Division (Bidpropam) of the Maluku Regional Police. This research employed an empirical legal approach using statutory and sociological perspectives. The study involved one key informant, the Head of the Internal Affairs Subdivision (Kasubbid Paminal) of Bidpropam Polda Maluku, selected through purposive sampling. Data were collected through interviews and document analysis and analyzed using a descriptive qualitative approach. The findings indicate that the enforcement process consists of report submission, preliminary investigation, and hearings before the Police Code of Ethics Commission (KKEP). Assault cases increased from 14 in 2022 to 16 in 2023 and 29 in 2024. Ethical proceedings were conducted concurrently with criminal justice processes through both internal disciplinary and general judicial mechanisms. The study concludes that, although the enforcement mechanism has been implemented procedurally, its preventive effectiveness requires strengthening through continuous supervision, guidance, and the internalization of professional ethical values.
Co-Authors Andi Muhammad Taufik Rahadi Astuti Nur Fadilah Elsa Rina Maya Toule Harly Clifford Jonas Salmon Michael Rolando Singkery Petrus Ricardo Jotley