Article Per Year (5 Year)
p-Index From 2021 - 2026
2.33
P-Index
This Author published in this journals
All Journal Khairun Law Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL USM LAW REVIEW Journal of Transcendental Law Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) KHAIRUN LAW JOURNAL Journal of Law, Poliitic and Humanities Educommunity Jurnal Pengabdian Masyarakat
Hanafi, Muhammad Amin
Universitas Khairun Ternate
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

Published : 16 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 16 Documents
Search

 1   2 
INDEPENDENCE OF THE PROSECUTOR'S OFFICE REGARDING PROSECUTORIAL DISCRETIONARY IN REALIZING RESTORATIVE JUSTICE (CASE STUDY IN NORTH MALUKU HIGH PROSECUTOR'S OFFICE) Faissal Malik; Muhammad Amin Hanafi; Nurlaila Kadarwati Papuluwa; Arief Budiono
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.4457

Abstract

The urgency of this research necessitates prosecutors to implement restorative justice to minor crimes through the principle of dominus litis. It must be subject to clear limitations and parameters in the ius constituendum. The restorative justice approach aims to restore the condition of the victim, the perpetrator, and the community. The objective of this research is to achieve prosecutorial discretion through restorative justice. The research method used is empirical law. The data types used are primary data (primary, secondary, and tertiary legal materials) and secondary data (literature studies and interviews). The North Maluku High Prosecutor's Office prioritizes restorative efforts in cases of assault. This mechanism involves the victim's family and the perpetrator's family. The number of cases in the jurisdiction of the High Prosecutor's Office in 2024 was 47 cases and 14 of them were resolved using restorative justice. This is in line with the provisions of Article 34A of Law Number 11 of 2021 concerning the Prosecutor's Office, which states that the principle of discretion regulated in Article 139 of Law Number 8 of 1981 concerning Criminal Procedure Law is carried out without ignoring the principle of law enforcement objectives which include achieving legal certainty, a sense of justice, and its benefits in accordance with the principles of restorative justice.
LEGAL PROTECTION AGAINST POST-DIVORCE CHILD SUPPORT OBLIGATIONS IN TERNATE CITY Gamar Muhdar; Iyam Irahatmi Kaharu; Muhammad Amin Hanafi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18599556

Abstract

Article 38 of Law Number 1 of 1974 concerning Marriage and Article 113 of the Compilation of Islamic Law states that divorce is one form of dissolution of marriage other than death and court decisions. Divorce is the severance of the marital bond between a man and a woman as husband and wife, which is carried out before a court hearing, namely the District Court for non-Muslims and the Religious Court for Muslims. This paper aims to analyze: (1) The legal protection for child support obligations after divorce in Ternate City and (2) The efforts that the government can make to reduce the obligation of unpaid alimony after divorce in Ternate City. This research is normative legal research, where the concept of normative legal research. The approaches used in this research are the statute approach and the conceptual approach. The statute approach examines laws and regulations related to the legal issue at hand. This conceptual approach is also used when relevant laws and regulations do not yet or do not address the issue at hand. Children's rights after divorce, both under the Marriage Law and the Compilation of Islamic Law (KHI), include the right to continue receiving care, education, and support from both parents. The father is responsible for the cost of childcare and education after divorce, a term known as "maintenance" in the KHI. This represents a parent's responsibility to fulfill their obligations to uphold children's rights, as stipulated in Law Number 23 of 2002 concerning Child Protection.
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

Abstract

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 Muhammad Amin Hanafi; Imran Ahmad; Nurlaila Kadarwati Pupulawa
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

Abstract

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.
THE CUSTOMS AND EXCISE LAW ENFORCEMENT OF ILLEGAL CIGARETTE SMUGGLING IN BULI SARANI VILLAGE, EAST HALMAHERA REGENCY, INDONESIA Muhammad Amin Hanafi; Puji Rahayu Subandi; Arief Budiono
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20482365

Abstract

The circulation of illegal cigarettes is quite worrying because it is widely circulated and traded in a number of shops, supermarkets and stalls in most areas of Buli Sarani Village, East Halmahera Regency, potentially disrupting the cigarette company factory market and also excise revenues even with the large number of illegal cigarettes circulating without excise that are unstoppable, it also has an impact on public health because of unlimited use. This study aims to determine the duties and authorities of Customs and Excise in tackling the smuggling of illegal cigarettes in Buli Sarani Village, East Halmahera Regency and to determine the obstacles of Customs and Excise in preventing the smuggling of illegal cigarettes in Buli Sarani Village. The type of research used in this study is the empirical legal investigation method. In this study, the author uses a live case study approach as an approach to legal events where the trial is still ongoing. Due to the smuggling of illegal cigarettes, it causes many losses and negative impacts for the country and damages the nation's generation, because this criminal act of smuggling can hinder national development, the potential for state taxes disappears, and embarrasses the nation due to the collaboration between the Indonesian people and foreign parties in committing a form of crime. It is hoped that the results of this research can be used as reference material in the development of legal science, especially in the study of criminal law and criminal procedure law regarding law enforcement by customs in the criminal act of illegal cigarette smuggling.
THE ROLE OF THE SOUTH HALMAHERA REGENCY INDUSTRY AND TRADE DEPARTMENT IN THE SALE OF THRIFTING GOODS Dahlai Hasim; Mardia Ibrahim; Muhammad Amin Hanafi; Arief Budiono
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20482451

Abstract

This study examines the widespread sale of imported used clothing (thrift trade) in South Halmahera Regency. The research is driven by concerns that the importation and trade of used clothing contradict existing laws and may pose health risks to consumers. The study aims to analyze the legal framework governing the imported used clothing trade and to identify the efforts undertaken by the South Halmahera Department of Trade and Industry to address the issue. Using an empirical normative legal method, the research relies on primary data gathered through observations and interviews. The findings reveal the absence of specific regional regulations controlling the entry of used clothing into North Maluku Province, allowing such goods to be traded freely. In response, the Department of Trade and Industry has implemented measures such as organizing sales locations and coordinating with the provincial government to strengthen regulation at the import level. The study highlights Ministerial Regulation No. 40 of 2022, which prohibits the import of used goods, including used clothing. Additionally, the research notes that Indonesia’s main suppliers of used clothing in 2023 were the UK, Taiwan, and Hong Kong.
Co-Authors Absori Absori Achmad Miftah Farid Ahmad, Imran Ajid Abdul Syawal Arief Budiono Faisal Faisal Faissal Malik Gamar Muhdar Hamiyuddin, Hamiyuddin Hasim, Dahlai imran ahmad Indah Maulani Isyana Kurniasari Konoras Kaharu, Iyam Irahatmi Khudzaifah Dimyati M. Taufan B. Malik, Faissal Mardia Ibrahim Marzuki Marzuki Nurlaila Kadarwati Papuluwa Nurlaila Kadarwati Pupulawa Papuluwa, Nurlaila Kadarwati Pontoh, Pangeran Bintang Putra S Puji Rahayu Subandi Pupulawa, Nurlaila Kadarwati robert lengkong weku Sapruddin Sapruddin Sapruddin Saprudin Sitti Nurkhaerah Syawal, Ajid Abdul Ubay, Ubay