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Wadjo, Hadibah Zahra
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Law, Crime, Criminology & Criminal Justice

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Penegakan Hukum Tindak Pidana Perdagangan Orang Di Wilayah Hukum Polresta Pulau Ambon Dan Pulau-Pulau Lease Ibrahim, Driyano Andri; Toule, Elsa Rima Maya; Wadjo, Hadibah Zahra
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (2024) 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.v5i1.13189

Abstract

TPPO cases that have occurred in the last 3 years in the jurisdiction of the Ambon Island Police and Lease Islands have increased. In 2021 there will be 3 cases, in 2022 there will be 5 cases, and in 2023 there will be 6 cases. On average, TPPO victims handled from 2021 to 2023 came from Maluku and outside Maluku. Various efforts have been made by the Ambon Island and Lease Island Police, including through law enforcement by applying strict criminal sanctions to perpetrators as regulated in Law no. 21 of 2007 for handling TPPO in its jurisdiction. This research uses an empirical juridical research method which is descriptive analysis, with data obtained through literature study and interviews, then the data is analyzed qualitatively to obtain legal certainty regarding law enforcement of criminal acts of human trafficking in the jurisdiction of the Ambon Island and Lease Island Police. Based on the research results, it was found that TPPO cases that occurred in the jurisdiction of the Ambon Island Police and Lease Islands were caused by several factors, including economic factors, lack of attention from the family, the lure of jobs with high salaries, and current lifestyle competition. This problem is used by perpetrators to recruit victims to gain profit. The victims were from Maluku and outside Maluku. There are those who are employed in karaoke rooms in Ambon City and there are also those who are used as prostitutes who are ordered online via the Michat application. In order to deal with this crime, the Ambon Island and Lease Island Police took law enforcement action against the perpetrators of TPPO. However, law enforcement is influenced by 2 factors, namely internal and external factors. Furthermore, enforcement of the TPPO law at the Ambon Island and Lease Island Police was carried out in the form of repressive measures so that 14 cases from 2021, 2022 and 2023 were all escalated to court. This repressive action is carried out as a last resort in enforcing criminal law (ultimum remedium) with the aim of providing a deterrent effect to perpetrators and suppressing the rate of increase in TPPO cases in the future as well as realizing legal certainty, benefit and justice.
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.
Co-Authors Ibrahim, Driyano Andri Ikinamin, Yanto Noya, Stelvia Wemly Toule, Elsa Rima Maya Wessy, Yeheskel