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Law Enforcement of Fisheries Crime in North Maluku Province through Transcendental Paradigm Hanafi, Muhammad Amin; Absori, Absori; Dimyati, Khudzaifah; Syawal, Ajid Abdul; Budiono, Arief
Journal of Transcendental Law Volume 2, No 1, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i1.11368

Objective: This article aims to discuss the enforcement of customary law in North Maluku, the deliberation value in the BMA Sultanate of Ternate, and the implementation of customary criminal sanctions by the Badan Musyawarah Adat.Methodology: The methodology used in this study was legal research conducted in a non-doctrinal qualitative approach. In this study, the law is not only conceptualized as all the principles and rules that regulate human life in society but also includes institutions and processes that actualize the validity of these rules in society.Findings: Law enforcement of fisheries crimes is based on the provisions of Indonesian Law No. 45 of 2009 concerning Fisheries. Criminal provisions are regulated by Articles 84 to 104. One of them is about sinking the ship used to commit fishing crimes. Sanctions given to the fish theft (illegal fishing) perpetrators in territorial waters that have been determined by the local customary head are 1) warning; (2) monetary charges according to the agreement of the local customary community; and (3) boat (pajeko in Ternate) or motorboat seized by the sultanate to be used by the community through profit sharing.Utility: Customary Institute of Ternate Sultanate in 2018 has decided on three cases in the Kao bay area concerning fish catching. Besides the traditional law enforcement that is implemented by the Sultanate, North Maluku recognizes Sasi Customs (Adat Sasi), which is regulation of tradition that limits people for catching fish or taking other sources in a certain type and particular period. Thus, the ecological balance is still maintained.Novelty/Originality: The concept of transcendental law enforcement is substantially in line with the values in the Segulaha tradition that has been applied for a long time in North Maluku. In Segulaha customary law, there is a traditional element in a person who has the same soul with transcendental values by positioning revelation as the source of the law.Â Keywords: Law Enforcement, Fisheries Crimes, Transcendental Approach

The Effectiveness of Restitution Fulfillment for Children as Sexual Crime Victims: A Study in the North Maluku High Prosecutor’s Office Malik, Faissal; Hanafi, Muhammad Amin; Papuluwa, Nurlaila Kadarwati; Budiono, Arief
JURNAL USM LAW REVIEW Vol. 7 No. 3 (2024): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v7i3.10325

This paper aims to analyze the implementation of restitution right fulfillment for children as sexual crime victims in the legal area of the North Maluku High Prosecutor’s Office, Indonesia and the challenges in fulfilling these rights. Restitution is compensation given to the victim by the perpetrator of the crime or a third party and is an effort to guarantee the rights of victims. There was an issue where restitution rights were seldom strived for by law enforcers. Another problem is that society lacks knowledge of the existence of restitution rights. This paper is urgent because it may provide information on why these issues exist and how to resolve them in order to give victims their rights. This was empirical research which employed the statute approach and the case approach. In this paper, the live case study was applied. Results showed that the restitution fulfillment of children as sexual crime victims in the North Maluku High Prosecutor’s Office was still suboptimum as there was only one case in 2022 where the general prosecutor strived to demand restitution. The restitution is regulated in Governmental Regulation No. 43 of 2017 and Guidelines Supreme Court No. 1 of 2021. Law enforcing apparatuses and social institutions need to organize an education program for society on restitution rights for children as sexual crime victims in the North Maluku Province to increase their awareness. The application for restitution should be strived for by law enforcers starting from the investigation stage as more time is available.

The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing Hanafi, Muhammad Amin; Konoras, Isyana Kurniasari; Pontoh, Pangeran Bintang Putra S; Farid, Achmad Miftah
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2366

The title of this paper is “The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing”. The object of this research is the action to settle illegal fishing by Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate. This paper aims to analyze the how this Technical Implementation Unit settles the illegal fishing crimes in Ternate as well as the factors that influence their actions in handling illegal fishing crimes in Ternate. This paper employed the sociological legal research method which studies and analyzes the legal behavior of individuals or communities, in relation to the law and the data sources used come from primary data. It employed the the conceptual approach, the statute approach, and the case approach. Results showed that the Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate resolves illegal fishing crimes namely by carrying out supervision, outreach to fishermen, carrying out routine patrols, verification and validation and carrying out investigations. The factors that influence their actions include the lack of human resources infrastructure facilities and the failure to achieve targets

Marginalized Wisdom: Empowering Customary Law in Family Conflict Resolution Badollahi, M Taufan; Saprudin, Sapruddin; Nurkhaerah, Sitti; Budiono, Arief; Absori, Absori; Hanafi, Muhammad Amin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6378

This study aims to construct the form of customary law empowerment as a means of overcoming family conflict. The research design used is empirical legal research with a qualitative-naturalistic approach. The research was conducted in Palu City, especially in Birobuli Utara Village. The data for this study came from field observations and interviews with traditional leaders. The results of the study indicate that customary law empowerment as a means of overcoming family conflict is constructed in the form of implementing alternative dispute resolution, a method of resolving disputes outside the court with mediation and negotiation techniques. Customary law empowerment as a means of overcoming family conflict should continue to be strengthened from various aspects so that it can be more optimal in carrying out its function as an alternative dispute resolution institution, considering that this institution has been proven to be able to resolve family disputes simply, quickly, and at low cost (speedy administration of justice), while maintaining community harmony. Otherwise, this very valuable social capital will only become wisdom that is increasingly being marginalized.

Sowing Peace, Reaping Harmony: The Role of Religious Figures in Grounding Religious Moderation in Sulawesi (A Socio-Legal Study B, M Taufan; Budiono, Arief; Ubay, Ubay; Marzuki, Marzuki; Sapruddin, Sapruddin; Hamiyuddin, Hamiyuddin; Hanafi, Muhammad Amin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6836

This study critically inquires the role of religious figures within the framework of instilling the concept of religious moderation in Indonesia. The main reason for this study is that social facts in Indonesia today, indicate that there are certain people who interpret religion in extreme ways. This is the background behind the issuance of Presidential Regulation Number 18 of 2020 which places religious moderation as a fundamental social capital for nation building. In line with that, this paper maps out the strategies run by religious leaders in carrying out their roles in grounding the concept of religious moderation. This article is based on socio-legal research. The data were collected through observation, in-depth interviews, and documentation. The result of this study shows that religious leaders play an important role in instilling religious moderation by acting as inspirations in inter-religious interactions, motivators in understanding religious moderation, role models in moderation behavior, initiators of moderate religious perspectives, promoters of internal and external dialogue, mediators, catalysts, in carrying out Islam as rahmatan li al-alamin, and is at the forefront (spearhead) in socializing the concept of religious moderation.

LEGAL ANALYSIS OF APBDES CAPACITY IN INCREASING THE PRODUCTIVITY OF THE MARITIME ECONOMY IN SOUTH HALMAHERA DISTRICT Hanafi, Muhammad Amin; Ahmad, Imran; Pupulawa, Nurlaila Kadarwati
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6511

The role of the fisheries sector is very large in Morotai Island Regencymust be utilized as much as possible for the prosperity of society. So far, many fishery products have been stolen by foreign fishing boats. By opening up investment for fishing companies, diversifying the utilization and processing of marine products as well as providing assistance to local fish entrepreneurs and providing fishing gear assistance to fishermen is one of the solutions for the development of the fisheries sector in South Halmahera Regency which can be planned for the future.The research method used in this study is the normative legal research method as material to initiate researchers in carrying out an inventory of statutory approaches (statute approach), comparative law (comparative approach), and case studies (case approach). The characteristics of this study fully use secondary data, consisting of primary legal materials; secondary legal materials; as well as tertiary legal materials. The results of the research show that in practice, the development of maritime potential in South Halmahera Regency experiences various challenges and opportunities. Efforts to deal with these obstacles include moderating stakeholders to analyze and describe what is best for the development of maritime potential in South Halmahera Regency, North Maluku Province. It is very important to equate perceptions and common interests so that the policies that are being implemented can run well until the end. Carrying out bureaucratic reform by summarizing the administrative system, including mobile bureaucratic services, both at sea and on land by using boats/ships that are connected to services and the internet so that it makes service easier for the community. Next is to open up investment opportunities as wide as possible so that investment can come easily to the Bintan Regency area. With easy investment into then indirectly. will improve the economy of the people in South Halmahera Regency itself.The capital aspect can be overcome by providing financial assistance to fishermen. It can be in the form of distributing people's business credit, direct investment, CSR of large companies, or through fishing cooperatives where the government provides the widest possible capital assistance in the form of capital equipment and operational equipment such as boats, boat engines, nets, bait, navigational equipment, environmentally friendly technology, fuel, and processing plants and fish auctions which result in destructive fishing.

LEGAL ANALYSIS OF APBDES CAPACITY IN INCREASING THE PRODUCTIVITY OF THE MARITIME ECONOMY IN SOUTH HALMAHERA DISTRICT Hanafi, Muhammad Amin; Ahmad, Imran; Pupulawa, Nurlaila Kadarwati
Khairun Law Journal Volume 6 Issue 2, March 2023
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v6i2.6511

The role of the fisheries sector is very large in Morotai Island Regencymust be utilized as much as possible for the prosperity of society. So far, many fishery products have been stolen by foreign fishing boats. By opening up investment for fishing companies, diversifying the utilization and processing of marine products as well as providing assistance to local fish entrepreneurs and providing fishing gear assistance to fishermen is one of the solutions for the development of the fisheries sector in South Halmahera Regency which can be planned for the future.The research method used in this study is the normative legal research method as material to initiate researchers in carrying out an inventory of statutory approaches (statute approach), comparative law (comparative approach), and case studies (case approach). The characteristics of this study fully use secondary data, consisting of primary legal materials; secondary legal materials; as well as tertiary legal materials. The results of the research show that in practice, the development of maritime potential in South Halmahera Regency experiences various challenges and opportunities. Efforts to deal with these obstacles include moderating stakeholders to analyze and describe what is best for the development of maritime potential in South Halmahera Regency, North Maluku Province. It is very important to equate perceptions and common interests so that the policies that are being implemented can run well until the end. Carrying out bureaucratic reform by summarizing the administrative system, including mobile bureaucratic services, both at sea and on land by using boats/ships that are connected to services and the internet so that it makes service easier for the community. Next is to open up investment opportunities as wide as possible so that investment can come easily to the Bintan Regency area. With easy investment into then indirectly. will improve the economy of the people in South Halmahera Regency itself.The capital aspect can be overcome by providing financial assistance to fishermen. It can be in the form of distributing people's business credit, direct investment, CSR of large companies, or through fishing cooperatives where the government provides the widest possible capital assistance in the form of capital equipment and operational equipment such as boats, boat engines, nets, bait, navigational equipment, environmentally friendly technology, fuel, and processing plants and fish auctions which result in destructive fishing.

Sosialisasi Bahaya Narkoba di Lingkungan Sekolah Menengah Pertama Negeri 4 Kota Ternate Faisal, Faisal; Weku, Robert Lengkong; Hanafi, Muhammad Amin; Nurhayati, Nunik; Maulani, Indah
Educommunity Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2024)
Publisher : CV. Edutechnium Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71365/ejpm.v2i2.69

Pengabdian kepada masyarakat ini bertujuan untuk memberikan penyuluhan hukum kepada siswa SMPN. 4 Kota Ternate tentang bahaya penyalahgunaan narkoba. Bentuk kegiatan dalam kegiatan pengabdian kepada masyarakat ini menggunakan strategi penyuluhan, dimana semua kegiatan dirancang bersama-sama dan dilaksanakan dalam situasi formal bagi seluruh siswa. Tujuan dari kegiatan ini adalah untuk mensosialisasikan bahaya laten penyalahgunaan narkoba di SMPN 4 Kota Ternate agar peserta didik dapat memahami dampak dari penggunaan narkoba baik secara fisik, psikologis, edukatif maupun sosial ekonomi. Kegiatan sosialisasi menggunakan metode partisipatif dan diskusi. Untuk itu kegiatan sosialisasi ini dipandang dari segi hukum, sehingga diharapkan dapat melindungi generasi muda sebagai generasi penerus bangsa khususnya siswa SMP Negeri 4 Kota Ternate dari ancaman penyalahgunaan narkoba. Sosialisasi dilakukan melalui penyuluhan (penyampaian materi) dan diskusi. Tahap ketiga yaitu tahap evaluasi dan pelaporan. Evaluasi dilakukan dengan cara membandingkan kondisi mitra sebelum dan sesudah pelaksanaan program dengan menggunakan metode wawancara dan observasi. Setelah itu disusun laporan untuk selanjutnya dipublikasikan.

The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing Hanafi, Muhammad Amin; Konoras, Isyana Kurniasari; Pontoh, Pangeran Bintang Putra S; Farid, Achmad Miftah
Journal of Law, Politic and Humanities Vol. 6 No. 1 (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.v6i1.2366

The title of this paper is “The Role of Marine and Fishery Resources Supervision of Ternate in Handling Illegal Fishing”. The object of this research is the action to settle illegal fishing by Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate. This paper aims to analyze the how this Technical Implementation Unit settles the illegal fishing crimes in Ternate as well as the factors that influence their actions in handling illegal fishing crimes in Ternate. This paper employed the sociological legal research method which studies and analyzes the legal behavior of individuals or communities, in relation to the law and the data sources used come from primary data. It employed the the conceptual approach, the statute approach, and the case approach. Results showed that the Technical Implementation Unit for Marine and Fisheries Resources Supervision of Ternate resolves illegal fishing crimes namely by carrying out supervision, outreach to fishermen, carrying out routine patrols, verification and validation and carrying out investigations. The factors that influence their actions include the lack of human resources infrastructure facilities and the failure to achieve targets

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