Wessy, Yeheskel
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Perlindungan Hukum Terhadap Adat Pamali Kekerasan Dalam Rumah Tangga Wadjo, Hadibah Zachra; Wessy, Yeheskel; Noya, Stelvia Wemly; Ririhena, Michael
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1748

Abstract

Introduction: Domestic violence is prohibited because it has an impact from the private sphere to the public domain. It is inevitable, that the problem of domestic violence for some people is still seen as a disgrace in the family, so it is not worthy of being known by society in the social environment.Purposes of Devotion: To increase public awareness about the Importance of Legal Protection Against Customary "Pamali" Domestic Violence in Tutuwaru Village, Leti Island District, Southwest Maluku Regency. Method of Devotion: Conducted face-to-face through the lecture method by the speaker, then providing opportunities for participants to discuss and question and answer related to Legal Protection of Indigenous Pamali Domestic Violence.Results of the Devotion: The indigenous people of Tutuwaru Village further increase legal awareness for the creation of harmonious and prosperous families in the social environment of indigenous people, due to the lack of acts of domestic violence so that indigenous people with the village government together with the entire community can suppress the absence of domestic violence in the future.
Penyelesaian Kasus Perselingkuhan Menurut Hukum Adat Di Desa Lolotuara Kecamatan Pulau Lakor Kabupaten Maluku Barat Daya Wadjo, Hadibah Zahra; Wessy, Yeheskel; Noya, Stelvia Wemly; Ikinamin, Yanto
LUTUR Law Journal Vol 5 No 1 (2024): Mei 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.v5i1.11519

Abstract

Settlement of Infidelity Cases According to Customary Law in Lolotuara Village, Pulau Lakor District, Southwest Maluku Regency. The problem in this legal research is how to resolve cases of infidelity. In accordance with the problem formulation in this legal research, the problems found in the indigenous community in Lolotuara are cases of infidelity which occur either between husband and wife of another person or between a husband or wife and another man or woman outside of the husband and wife relationship. . That if the case of infidelity occurs, there are also customary fines that can be implemented by Saniri Negeri Lolotuara as a customary institution that upholds customary values ​​that have been violated by individuals in society. This research is a normative juridical research, a problem solving approach through a conceptual approach, a statutory approach and a case approach, then from the results of the description conclusions and suggestions can be drawn. The results of the research show that the resolution of cases of infidelity through customary criminal sanctions in Lolotuara Village is carried out by requesting responsibility for men to marry girls. If the woman is the wife of the person who committed the affair then a customary fine is implemented, if they do not comply with the request to marry the girl then it is implemented. Customary fines, if you are someone's wife then you are obliged to fulfill customary obligations, namely customary fines to the girl and the wife or husband of the person who has been harmed by the actions carried out by the parties. The mechanism for resolving and administering customary sanctions in Lolotuara can be accepted and implemented by customary sanctions because it is adhered to by the Lolotuara indigenous community and its existence is recognized in the national legal system. Due to this, the implementation of customary fines as a form of fulfilling customary obligations by the parties in cases of infidelity or adultery is still enforced in society because it has coercive power which is implemented by the Saniri of Lolotuara State, these customary sanctions are seen as fulfilling a sense of justice for Indigenous Peoples Lolotuara.
Keadilan Restoratif Implementation of the Concept of Restorative Justice in the Settlement of Misdemeanor Crimes Wessy, Yeheskel
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.v6i2.22699

Abstract

Restorative justice is an alternative approach in the criminal justice system that focuses on recovering losses suffered by victims, the responsibility of the perpetrator, and the involvement of the community in solving criminal acts. This approach does not focus on punishment, but on the restoration of relationships damaged by crime and participatory settlement between victims, perpetrators and social communities. The unity of the indigenous peoples of Southwest Maluku Regency adheres to the culture of Kalwedo and Snyoli Lyeta/Niolilieta/Hiolilieta/Siolilieta (coexistence well) as a culture that is also the highest guideline of life and kinship applied in daily life that regulates kinship relations between individuals and between families in the integrity of life as a customary community. This study is an Empirical Juridical Research that explores the issues through conceptual, statutory, and case approaches. Based on these methods, conclusions and recommendations are formulated. The research and analysis employ the framework of the Criminal Justice System, the concept of Restorative Justice, Indigenous Communities, and the Theory of Balance in assessing the implementation of restorative justice in resolving minor offenses. The findings confirm that in every minor criminal offense committed within the indigenous legal community of Southwest Maluku, axiological values namely the customary values of Kalwedo and Snyoli Lyeta/Niolilieta/Hiolilieta/Siolilieta take precedence over national criminal law (material criminal law). These values serve as legal principles to resolve the offense through non-penal means based on the concept of restorative justice, by imposing customary obligations that require the offender to compensate the victim. This form of simple justice, carried out through customary proceedings, aims to halt the formal criminal process, thereby reducing the burden on law enforcement subsystems and minimizing the state’s financial expenditure related to the prosecution and imprisonment of minor offenders.