Garuda - Garba Rujukan Digital

Istri Sebagai Pelaku Kekerasan Fisik Terhadap Suami Dalam Rumah Tangga Jaqualine Monicha Talahatu; Margie Gladies Sopacua; Erwin Ubwarin
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10867

ABSTRACT: Domestic violence is violence perpetrated by a husband against his wife, but the victims are mainly women as wives. Domestic violence is any violence based on gender differences that causes pain or suffering, especially for women as wives, including threats, coercion, restrictions on freedom both in public and at home. However, the reality is that domestic violence also occurs against husbands committed by wives. One of the cases of physical violence committed by a wife against her husband is criminal case number LP-B/486/XI/2022/Maluku, in which the wife actually committed the crime of physical violence against her husband. This study uses normative legal research methods. Peter Mahmud Marzuki, argues that normative legal research which is another name for doctrinal legal research is also known as library research or document study because this research is carried out or shown only on written regulations or other legal materials. The causes of physical violence against husbands are; 1) Domination factor where the wife is more dominant than the husband, this is seen as the case that the wife feels that her job as a civil servant or other job has a greater source of income than the husband; 2) Psychic Factors where when the husband comes home drunk, gambling, not supporting the wife and children in the household, then the wife reprimands repeatedly but these things are still being done by the husband; 3) Economic Factors; economic conditions that are classified as middle or sufficient with the increasing needs of life will become a problem for the wife against the husband 4) Infidelity Factors; Infidelity factor; infidelity committed by the wife brings consequences and causes domestic disputes and ultimately leads to domestic violence 5) Fatigue Factor; excessive work demands are also where a person feels emotional pressure or what is commonly called emotional fatigue, thus causing domestic violence 6) Environmental Factors where the environment is a place to live for people who are very sensitive to negative environmental influences; and 7) The Liquor Factor where alcoholic beverages can make the person lose self-control and if consumed excessively, it results in drunkenness so as to commit negative actions such as violence.

Pertimbangan Hukum Hakim Terhadap Anak Kekerasan Fisik Dalam Rumah Tangga (Putusan Nomor: 326/Pid.Sus/2019/PN.Amb) Regina Latuheru; Margie Gladies Sopacua; Astuti Nur Fadillah
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10872

ABSTRACT: Children who experience criminal acts of physical violence are very vulnerable to mental and psychological shocks. Legal assistance and protection of children who are victims of criminal acts is the duty and responsibility of parents and the surrounding environment, but in some cases parents commit violence against the children themselves so that they must accept the consequences in the form of imprisonment in accordance with the judge's decision through his consideration. The purpose of this research is intended to obtain clarity and legal certainty by identifying and analyzing"Judges’s Legal Considerations Against Children of Domestic Physical Violence (Decision Number: 326/Pid.Sus/2019/PN.Amb)". The purpose and protection of children based on the Child Protection Law is to ensure the fulfillment of children's rights so that they can live, grow, develop, and participate optimally in accordance with human dignity, and receive protection from violence and discrimination for the realization of quality Indonesian children. The research in this thesis makes positive legal norms and doctrines using a statutory approach (statue approach) to find out the problem solving and the resulting solution. Legal protection if you look at the judge's consideration in the court decision, fulfills the consideration of juridical elements. The form is that the judge says that the defendant's actions fulfill the elements so that the judge imposes a penalty. Before convicting the perpetrator, the judge proves the fulfillment of the criminal elements. The legal protection provided to victims in the court decisions that the author examines, where the judge convicts the perpetrator and states the fulfillment of the criminal elements. The conclusion of this legal writing is that parents, society and the government take part in the legal protection of children and also provide a deterrent effect to perpetrators who commit criminal acts of violence against children.

Tindak Pidana Pemerkosaan Yang Dilakukan Ayah Kandung Terhadap Anak Sindhi Maria Angini Pattiasina; Margie Gladies Sopacua; Denny Latumaerissa
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10903

Rape is a very heinous, immoral and despicable crime and violates the norm whereby the victims are women, both adults and minors. The perpetrators of the criminal act of rape are often people who are known by the victim and some even have family relations and what is most concerning is a father who has the heart to rape his own biological child (incest). Purposes of the Research: to examine and analyze the factors that cause biological fathers to commit criminal acts of rape against children and efforts to deal with criminal acts of rape for children who experience criminal acts of rape. Methods of the Research: The type of research used in this study is normative juridical. The sources of legal materials are primary and secondary legal materials. Data collection techniques are carried out through identification of laws and regulations, legal journals, books.Results of the Research: Factors that cause the biological father to commit the crime of rape are low education and economic factors, lack of trust in the law, environment and residence, alcohol and lack of understanding of and efforts to counteract the crime of rape for children who have experienced the crime of rape is through the use of penal means, namely through criminal law, this effort is related to the implementation of legal rules and the enforcement of legal rules. Other actions using non-penal means, namely eradicating the circulation of pornographic videos, places that are usually used as tools for pornographic activities and holding outreach to the community and to schools about current sex education.

Kajian Yuridis Terhadap Anak Yang Karena Kelalainnya Mengakibatkan Matinya Orang Briant Marino Paliama; Margie Gladies Sopacua; Elias Zadrach Leasa
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12033

Children are the hope for the nation, which means that children are the next generation of the nation. Children who are also citizens have rights and obligations. As the nation's successor, children have the right to protection, both from the state and from the family. Nowadays, there are many children who become perpetrators of traffic violations, causing traffic accidents. Child cases in context with the law are suspected of being criminal offenses. Children who become perpetrators of traffic accidents are entitled to protection, including legal protection. The research method used in this writing is normative juridical, the problem approach used is a statutory approach, case approach, conceptual approach, comparative approach and historical approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials, the procedure for collecting legal materials in this research is carried out by conducting literature studies, managing and analyzing legal materials using qualitative data analysis techniques. The results of the discussion of this writing, that the child can be criminally responsible in the presence of a separate process that is not the same as processing adults, by means of the implementation of the juvenile criminal justice system (SPPA) carried out based on the principles of protection of justice, non-discrimination and the best interests of the child, the development of children's motor skills is a facult.

Pencegahan Kekerasan Fisik Terhadap Istri Oleh Suami (Studi Kasus Pada Polresta Pulau Ambon Dan Pulau-Pulau Lease) Stevano G Lekatompessy; Margie Gladies Sopacua; Iqbal Taufik
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12038

Domestic violence, especially against wives, is a frequent legal action. The occurrence of several acts of domestic violence, especially against wives, can be said to be a victim. Related to violence against women is in the private or personal sphere, namely Relationships and Personal Domestic Violence at 79% (6,480 cases). Among others, there is violence against wives (KTI) with the first position of 3,221 cases (49%).Conclusion This study aims to examine and discuss the factors that cause husbands to commit physical violence against their wives, and also to examine and discuss efforts to prevent domestic violence so that husbands do not commit acts of physical violence against their wives. The research method used is empirical juridical with descriptive analytical type of research, legal data collection techniques, namely primary data and secondary data and analysis techniques using descriptive-qualitative. This analysis is a method of analyzing data that can be in the form of sentences or words that are carried out by analyzing, describing, interpreting, and presenting written or oral data based on its grouping, the purpose of which is to make the data more accurate.Victims; (2) Preventing domestic violence; (3) Submitting an application for a protection determination; and (4) Providing emergency assistance Factors causing husbands to act physically violent towards their wives include; (1) Domination Factors; (2) Psychological Factors; (3) Economic Factors; (4) Infidelity Factors, (5) Fatigue Factors; and (6) Environmental Factors. Efforts to prevent domestic violence so that husbands do not act physically violent to their wives include (1) Practicing religious teachings; (2) Communication; (3) Early education; (4) mediation; and (5) Legal Counseling or Socialization. In addition to the government, in the PKDRT Law there are also community obligations, where each individual who knows, hears.

Tindak Pidana Persetubuhan Yang Dilakukan Secara Paksa Terhadap Anak (Putusan Nomor 119/Pid.B/2021/PN AMB) Riska La Ode Wado; Margie Gladies Sopacua; Astuti Nur Fadillah
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12044

This research discusses the application of material criminal law and criminal responsibility for perpetrators of criminal acts of sexual intercourse committed by force against children in this case. Purposes of The Research to analyze and discuss the application of material criminal law as well as examine and analyze criminal liability for perpetrators of criminal acts of sexual intercourse committed by force against children. Methods of The Research the research method used is normative juridical research. This research uses three problem approaches, namely the statutory approach, the conceptual approach and the case approach. The data sources obtained are primary legal materials and secondary legal materials. The technique for collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively. Results of The Research the results of this research show that, in examining criminal cases, judges try to find and prove material truths based on the facts revealed in the trial, and stick to what is formulated in the public prosecutor's indictment. The element of unlawfulness is one of the parameters in determining personal responsibility for personal mistakes committed by the perpetrator. The perpetrator of the crime of sexual intercourse in this case has fulfilled the elements of the charges charged by the Public Prosecutor and therefore the perpetrator must be held accountable for his actions. The judge's legal considerations were in accordance with existing regulations by considering aggravating circumstances as well as mitigating circumstances based on the legal facts discovered in the trial.

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search