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All Journal Humano: Research Journal Jurisprudentie Jurnal Daulat Hukum Khairun Law Journal Jurnal Ilmu Hukum The Juris Pena Justisia: Media Komunikasi dan Kajian Hukum Hermeneutika : Jurnal Ilmu Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Mendapo: Journal of Administrative Law JIAL (Journal of Indonesian Adat Law) KHAIRUN LAW JOURNAL Journal of Law, Poliitic and Humanities Innovative: Journal Of Social Science Research Journal of Legal Contemplation
Syafari, Tri
Faculty Of Law, Khairun University
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Kepatuhan Hukum Pengendara Sepeda Motor Menyalakan Lampu Utama pada Siang Hari di Kabupaten Halmahera Selatan Syafari, Tri; Robo, Basto Daeng
Khairun Law Journal Vol 2, No 2 (2019): Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v2i2.1904

Abstract

Motorcycle riders in southern Halmahera Regency have not complied and obeyed the provisions of Article 293 paragraph (2) of the LLAJ Law concerning the obligation of motorcycle riders to turn on their lights during the day. This happened because in facing the disobedience of the driver, the South Halmahera Sat Lantas Police had not taken repressive measures such as giving a TOSS statement but the action taken was still limited to preventive action. The preventive measure is to disseminate information about the obligation to turn on lights during the day by motorcyclists. In addition, community ignorance and the low level of community discipline. Then the weak sanctions imposed by law enforcement.
Kajian Kriminologi Penyalagunaan Narkotika oleh Anak di Kota Ternate Hamdja, Rudi; Syafari, Tri; Anshar, Anshar
Khairun Law Journal Volume 4 Issue 1, September 2020
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v4i1.3032

Abstract

Abuse of narcotics by children in Ternate City actually occurs and is used by children who are still minors, either the child is a user / user or the child is a dealer, if it is categorized as narcotics abuse by children in Ternate City then the most dominating the category is a child as a user or a user who is a victim. The legal area of the North Maluku Regional Police and its staff in Ternate City is often found by children as drug users / users who are victims, in 2017 there were 2 cases of children who were netted with drug cases, in 2018 there were 1 cases of children and in 2019 there were 3 cases of children as users drugs, from these figures it shows that in the jurisdiction of the North Maluku Regional Police and the number of crimes of trafficking of Narcotics by minors still occurs, from a number of reasons children use or use narcotics because they are influenced by invitations from friends, curiosity or trial and error. try, the influence of the older siblings who live in, then the family is not harmonious and the environment in which they live.
Civil Forfeiture as a Legal Mechanism for Recovery of State Losses in Corruption Cases in Indonesia Malik, Faissal; Amriyanto; Syafari, Tri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8876

Abstract

The recovery of state financial losses from corruption remains a central challenge in Indonesia's anti-corruption framework. Despite the availability of various recovery mechanisms, questions persist regarding their effectiveness and conformity wth the principle of proportionality and national legal policy.   This study examines the application of proportionality in state loss recovery policies and formulates a future-oriented legal policy to enhance recovery effectiveness.   Employing a normative legal research method, this study applies Robert Alexy's proportionality test, suitability, necessity, and proportionality in the strict sense to assess criminal restitution, post-conviction asset confiscation, and administrative and civil forfeiture mechanisms.   The findings reveal that Indonesia's current recovery framework is fragmented and predominantly reliant on repressive, criminal-based approaches, resulting in limited asset recovery.   The novelty of this study lies in its proportionality-based formulation of civil forfeiture as an integrated administrative recovery model that prevents asset dissipation while safeguarding due process and property rights.   This study argues that proportionality does not weaken anti-corruption efforts, but rather provides a normative foundation for designing recovery policies that are effective, balanced, and capable of delivering measurable public benefits.
Conjugal Visit Policy in the Perspective of Indonesian Criminal Law: Between the Fulfillment of Human Rights and the Limits of Islamic Morality Syafari, Tri; Basto Daeng Robo; Fathurrahim; Sophian Yahya Selajar; Nurhayati Chalil
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.2679

Abstract

This study explores the legal and moral dimensions of conjugal visits within Indonesia’s criminal justice system by examining their position under national law and the potential influence of Islamic morality on correctional policy. It highlights the existing gap between constitutional guarantees of human rights—specifically the right to family life and the satisfaction of biological needs—and the absence of explicit legal provisions allowing conjugal visits for prisoners. Employing a normative legal methodology, this research utilizes legislative, conceptual, comparative, and philosophical approaches, drawing upon sources such as the 1945 Constitution, Correctional Law, Criminal Code, international human rights instruments, and Islamic jurisprudence. The findings indicate that conjugal visits may be recognized as a conditional right aligned with humanitarian principles and rehabilitation objectives, provided that implementation follows strict ethical and procedural safeguards consistent with Islamic teachings that confine sexual relations to lawful marriage. Thus, the regulation of conjugal visits remains possible if framed as a limited privilege integrating human rights with Islamic moral principles. The study’s novelty lies in proposing a reconciliatory policy model that merges socio-psychological, juridical, and human rights perspectives, offering a framework for humane, religiously compliant, and socially appropriate correctional reform in Indonesia.
Restorative Justice and State Responsibility for the Return of Rights of Victims Due to Fraud in Indonesia Amriyanto, Amriyanto; Syafari, Tri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5398

Abstract

The rise of fraudulent practices that end up in criminal acts and cause material losses to victims, for example the First Travel and Abu Tours cases in Indonesia, which have captured massive public attention, has shifted the orientation of punishment in criminal law, especially in property crimes from Lex Talionis towards Restitutio ad Integrum which emphasises restoration to the original state. This paper will analyse how the responsibility of the state and how the restorative justice approach in addressing the problem of fraud in Indonesia. The research method uses a normative legal research model with secondary data as analytical material. The results show that restitution and compensation instruments are an option in restoring victims of property crime. Restitution is the responsibility of the perpetrator to restore the victim, while compensation is the responsibility of the state as part of the state's role in realising the welfare of the people. Restorative justice as a means of resolving property crimes, especially fraud, offers an alternative that is oriented towards effective legal remedies to provide adequate legal protection for victims, although in practice there are still some fundamental changes.
Co-Authors Ambi Gultom Amriyanto Anshar Anshar Anshar Anshar Anshar, Anshar APHA, Journal Manager Basto Daeng Robo Basto Daeng Robo Binarto, Zaenudin Agus Daeng Robo, Basto Fadila Ipa, Nur Faissal Malik Fathurahim, Fathurrahim Fathurrahim, Fathurrahim Gultom, Ambi Hamdja, Rudi Kaury, Yusup Kotta, Ridjal Junaidi La Tita Malik, Faissal Muhammad Hi Jalal Nam Rumkel Nurhayati Chalil Nurmala Ismail Ridjal J Kotta Ridjal Junaidi Kotta Robo, Basto Daeng Rudi Hamdja Slamat Sophian Yahya Selajar Suriadi Suriadi Suriadi Suriadi Tita, La Yunus, Yahya Yusup Kaury Zaenudin Agus Binarto