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Sosialisasi Pencegahan Kekerasan Seksual Pada Jurusan Akuntansi Fakultas Ekonomi dan Bisnis Universitas Pattimura Baharuddin, Wahdaniah; Taufik, Iqbal Johanes; Muammar, Muammar
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2055

Introduction: The rise of sexual violence has now begun to spread in the higher education environment and almost every university in Indonesia, but the issue of sexual violence is not too exposed in the media, both electronic media and social media, therefore it is necessary to educate about the prevention of sexual violence in the Higher Education environment, because many of them are victims.Purposes of Devotion: Providing education to students about preventing sexual violence in the higher education environment at the Accounting Department, Faculty of Economics and Business, Pattimura University based on Permendikbudristek No. 30 of 2021 concerning Prevention and Handling of Sexual Violence in the Higher Education Environment. Method of Devotion: The method used is to provide legal socialization on the prevention of sexual violence in higher education along with the laws governing sexual violence in higher education. The result of this service activity is to provide students with an understanding of the prevention of sexual violence in higher education.Results of the Devotion: The results of this service are that students gain knowledge and understanding related to the issues of sexual violence that are rampant and efforts to prevent and handle them as a form of creating a campus culture that is safe from sexual violence and makes students feel comfortable to grow into students who excel and have character.

Kesadaran Hukum Masyarakat Pesisir Terhadap Pengelolaan Lingkungan di Desa Bukit Samang Kecamatan Sendana Baharuddin, Wahdaniah; Dyastuti, Risqi Mumpuni
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.10948

Environmental problems involve all components of the country and all elements of Indonesian society and even become rights and obligations, as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Community participation, especially houses living in coastal areas, is very necessary in preparing plans for environmental management in the region. However, based on observations made by the author, the environmental conditions in the coastal area of Bukit Samang, Sendana District, Majene Regency are included in the category of areas that are less clean. Traders who sell young coconuts along the beach still throw rubbish carelessly, potentially damaging the environment and polluting the coastal area. This research aims to determine the legal awareness of coastal communities regarding environmental management in Bukit Samang Village, Sendana District. This research is normative legal research. The approach is taken by reviewing literature or literature studies and directly observing conditions in the field related to the problem to be researched. The sources of legal materials used are primary and secondary legal materials which are then interpreted and analyzed qualitatively. Results of the research, this shows that The coastal area in Bukit Samang, Sendana District, Majene Regency is included in the category of areas that are less clean. This is characterized by a lack of legal awareness among the public or traders selling young coconuts along the coast who still throw rubbish carelessly which has the potential to damage the environment and pollute the coastal area. This is due to the government's unequal attention to areas far from the center of government, such as equal distribution of rubbish bins, in addition to providing sanctions that are only administrative in nature and do not have a deterrent effect on violators of space use.

Divorce for Sirri Marriage Carried Out by Kairatu West Seram Community Angga, La Ode; Ruslan, Dyah Auliah Rachma; Baharuddin, Wahdaniah; Amsyahrun, La Ode Amir; Ipaenin, Muhammad Haz Reza
Batulis Civil Law Review Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v5i1.1835

Introduction: Marriage is said to be valid according to law if it is carried out according to the laws of each religion and belief, otherwise the marriage must be recorded according to applicable laws and regulations.Purposes of the Research: the specific purposse of this research are: 1. To find out and analyze the basis for allowing the implementation of Sirri Marriage in Kairatu Village community, and 2. To find out and analyze legal implication of Sirri Marriage implementation in Kairatu Village community.Methods of the Research: This research was conducted using empirical juridical approach which is a study of descriptive qualitative analysis. This research tried to study the Implementation and legal consequences of Sirri marriage in Kairatu Village, West Seram, Maluku Province. How the empirical juridical or sociological juridical method works in this research proposal is; first, the results of collecting and discovering data and information obtained by literature study of the basic assumptions or assumptions are used to answer the problems in this research. Then, inductive-verification testing is carried out on current facts existed within the community. Hence, the truth in a research is declared reliable without having to go through rationalization process.Results of the Research: Marriage can be said to be legally valid if it is carried out according to the trust of the bride and groom and registered with the marriage registration officer. For those who are Muslim, they are registered with the Office of Religious Affairs, while for those who are non-Muslim, they are registered with the civil registry office.

Model Pengelolaan Sumber Daya Laut dan Pesisir di Negeri Hitu, Kecamatan Leihitu, Kabupaten Maluku Tengah Angga, La Ode; Ruslan, Dyah Auliah Rachma; Baharuddin, Wahdaniah; Akyuwen, Rory Jeff
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 3, November 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i3.2284

Introduction: The Tanah Hitu Kingdom is located on Ambon Island, precisely in Leihitu District, Central Maluku Regency, Maluku Province, Indonesia. It is called the Tanah Hitu Kingdom because it is located in the Leihitu area. When the kingdom still existed, the area was called Tanah Hitu. Now, the name Tanah Hitu no longer exists, what exists is Leihitu District which is sometimes usually called Jazirah Leihitu.Purposes of Devotion: Through mentoring activities, it is hoped that participants will understand the creation/drafting of State Regulations regarding the management of marine resources in Wakal State, as a very important form of management of coastal natural resources in Hitu State, Leihitu District, Central Maluku Regency. Method of Devotion: Through mentoring activities, it is hoped that participants will understand the creation/drafting of State Regulations regarding the management of marine resources in Wakal State, as a very important form of management of coastal natural resources in Hitu State, Leihitu District, Central Maluku Regency.Results of the Devotion: One characteristic that is the same in Maluku is the natural resource management system which is based on the principle of mutual benefit and reciprocity (reciprocity) to maintain the balance of the natural environment called sasi. Sasi is a customary law provision that strictly prohibits anyone from taking anything from the natural surroundings, land or sea, at a certain time in order to ensure its preservation.

Pertanggungjawaban Hukum Pengelola Parkir Terhadap Kehilangan Kendaraan Di Makassar Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Baharuddin, Wahdaniah
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.16250

The management of motorized vehicle parking in Makassar City is one of them carried out by parking services owned by the Makassar City government, namely the Makassar Raya Parking Company of Makassar City. The main problem in the management of parking services is the safety and comfort of vehicles parked at the parking service management site, this is felt by consumers due to a lack of responsibility by the parking service, such as it is not clear who is responsible if a vehicle is lost while still in the parking lot. This study aims to determine the implementation of the legal responsibility of parking managers for the loss of two-wheeled motorized vehicles based on Law Number 8 of 1999 concerning Consumer Protection in Makassar City. This research is a descriptive perspective. This type of research is normative legal research. The approach is carried out by examining the literature or literature study and directly observing conditions in the field related to the problem under study and conducting interviews with the Makassar Raya Parking Area company. The sources of legal materials used are primary and secondary legal materials which are then interpreted and analyzed qualitatively. The implementation of the legal responsibility of parking managers for the loss of two-wheeled motorized vehicles in Makassar City under the auspices of the Makassar Raya Parking Company is not in accordance with Law Number 8 of 1999 concerning Consumer Protection. Based on Article 18 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, the inclusion of standard clauses by business actors in parking services stating the transfer of responsibility of business actors is prohibited, and based on Article 18 paragraph (3) of the Consumer Protection Law, the clause is declared null and void.

Prinsip Miranda Rule Sebagai Hak Asasi Tersangka Dalam Sistem Peradilan Pidana Indonesia Muammar, Muammar; Baharuddin, Wahdaniah
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7504

Introduction: Often in the law enforcement process there is a form of crime, neglect of obligations, human rights violations related to the civil rights of citizens in the criminal justice system and abuse of power committed by apparat. In our criminal justice system, the rights of suspects who are the basis of human rights attached to them are often overlooked, which is detrimental to suspects. Purposes of the Research: This research aims to find out how the Miranda Rule principle guarantees the human rights of suspects in the Indonesian criminal justice system. Methods of the Research: The methods used in this research are normative research methods, using a conceptual approach and a statute approach. Results Originality of the Research: the results showed that the Miranda Rule/Miranda Principle, in the form of Miranda Rights has provided guarantees for the rights of suspects. Namely, the right to obtain/contact legal counsel/advocate, and if unable to, then the right to be provided with legal counsel/advocates, the right to obtain legal assistance has been absorbed into articles 54, 55, and 114 of the Criminal Procedure Code of Indonesia, while if he is incapacitated, then the suspect has the right to be provided with legal counsel by the official concerned or through an investigator, as stipulated in article 56 paragraph 1 of the Criminal Procedure Code of Indonesia. As for the Miranda Warning (Right To Remain Silent), it is not expressly regulated, but implicitly it can be interpreted as its application in articles 52, 117 and 166 of the Criminal Procedure Code of Indonesia.

Perspektif Hukum Tentang Penerapan Layanan Hak Tanggungan Elektronik Sihite, Sri Rumada; Baharuddin, Wahdaniah
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i1.8357

Introduction: Electronic mortgage services issued by the ministry of agrarian and spatial planning in connection with the issuance of the 2019 Minister of Agrarian and Spatial Planning/Head of the Indonesian National Land Agency regulation regarding electronic mortgage services. Purposes of the Research: Is to look at the legal perspective regarding the implementation of electronic mortgage services in the Ministry of Agrarian Affairs and Spatial Planning. Methods of the Research: The type of research used is normative empirical research. The nature of this research is descriptive. Source of data used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using the deductive method. Results Originality of the Research: The research results show that the harmonization of the rules used in electronic mortgage services between conventional mortgage laws and the latest ministerial regulations is needed for improvement because there are several obstacles found by the authors based on observations in one of the land offices in North Sumatra

Akibat Hukum Sipalaiang (Kawin Lari) Pada Suku Mandar Menurut Undang-Undang Perkawinan Baharuddin, Wahdaniah
BAMETI Customary Law Review Vol 1 No 1 (2023): Juni 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i1.9806

Sipalaiang in the Mandar tribe according to the law. Sipalaiang is a social phenomenon carried out by some Mandar tribal peoples. Sipalaiang is considered the last resort for couples who are in love who want to get married, but because there are several factors that make it impossible, including not getting the blessing of one or both parties' parents or family. Purpose of the Research to provide an explanation of the meaning and legal consequences arising from sipalaiang marriage in the Mandar Tribe. The research method used is normative with a statutory approach and a conceptual approach. The sources of legal materials used are primary and secondary legal sources. The technique of collecting legal materials used in this study was through library research and reviewing some of the literature. The legal materials used were primary and secondary which were analyzed qualitatively and then presented descriptively. Results of the Research, sipalaiang in the Mandar custom is a culture of eloping by the Mandar tribe which means between a man and a woman who love each other and agree to build a household but are hindered by several factors so that the marriage is carried out without the presence of the family and a marriage like this can be said to be a disgrace, both for the families of both parties and those who carry out the silariang. As for the factors that influence sipalaiang, namely, there is no blessing from parents, against arranged forced marriages, the habits of some parents in finding a mate for their children and differences in social strata. Therefore, the marriage has legal consequences that can be canceled in accordance with the provisions of the applicable laws and regulations which are explained in Article 6 paragraph 1 of the Marriage Law.

Tradisi Makan Pinang Dalam Kesepakatan Perjanjian Di Desa Sanahu Kabupaten Seram Bagian Barat Dyastuti, Risqi Mumpuni; Baharuddin, Wahdaniah
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i2.11319

Customary agreements have their own legal provisions that are binding on their customary law communities. These customary rules are usually in the form of values that have been adhered to by the customary law community itself that have been implemented and applied to the customary law community for many years. This regulation is usually in oral form that has been normed to be used as a provision for the local customary law community and there are also written customary law regulations. This research is a non-doctrinal research, there are two types of data in the study, namely primary data and secondary data. Data collection techniques are carried out by means of interviews accompanied by interview guidelines. After obtaining data, it is grouped descriptively analytically by identifying and then grouping, then analyzed and described according to its hierarchy. Documents and library materials are descriptively analytical by identifying and then grouping, then reviewed and described according to their hierarchy. The tradition carried out in the country of Sanahu, Elpaputih District, West Seram Regency is the tradition of eating areca nut. This is done in order to fulfill the traditional traditions of the local country in implementing an agreement between communities. This ritual is carried out to preserve the culture in the country.

Civil Law Aspects of Child Protection Due to Early Marriage Baharuddin, Wahdaniah
LUTUR Law Journal Vol 6 No 2 (2025): November 2025 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.v6i2.22786

Early marriage remains a concerning phenomenon in West Sulawesi Province despite the minimum age requirement of 19 years as stipulated in Law Number 16 of 2019 on Marriage. The frequent granting of marriage dispensation by the courts weakens the principle of child protection as mandated by Law Number 35 of 2014 on Child Protection. This study aims to analyze the civil law consequences arising from early marriage and to assess the extent to which Indonesia’s positive legal instruments provide effective protection for children in West Sulawesi. This research employs a normative juridical method with statutory and conceptual approaches. Data were obtained through library research involving primary, secondary, and tertiary legal materials, which were analyzed using a qualitative descriptive method. Early marriage results in uncertainty regarding the civil status of the child, weak parental responsibilities, and violations of the principle of legal capacity. The implementation of civil law norms in West Sulawesi remains ineffective due to cultural, economic, and educational factors. Strengthening substantive and humanistic civil law mechanisms is therefore necessary to ensure fair and effective child protection.

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