Article Per Year (5 Year)
p-Index From 2021 - 2026
1.99
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 : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 14 Documents
Search

 1   2 
Marginalized Wisdom: Empowering Customary Law in Family Conflict Resolution M Taufan Badollahi; Sapruddin Saprudin; Sitti Nurkhaerah; Arief Budiono; Absori Absori; Muhammad Amin Hanafi
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

Abstract

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.
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.
Co-Authors Absori Absori Ahmad, Imran Ajid Abdul Syawal Arief Budiono B, M Taufan Faisal Faisal Faissal Malik Farid, Achmad Miftah Gamar Muhdar Hamiyuddin, Hamiyuddin imran ahmad Indah Maulani Isyana Kurniasari Konoras Kaharu, Iyam Irahatmi Khudzaifah Dimyati M Taufan Badollahi Malik, Faissal Marzuki Marzuki Nurlaila Kadarwati Papuluwa Nurlaila Kadarwati Pupulawa Papuluwa, Nurlaila Kadarwati Pontoh, Pangeran Bintang Putra S Pupulawa, Nurlaila Kadarwati robert lengkong weku Sapruddin Sapruddin Sapruddin Saprudin Sitti Nurkhaerah Syawal, Ajid Abdul Ubay, Ubay