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All Journal Khairun Law Journal JUSTISI KHAIRUN LAW JOURNAL Journal of Law, Poliitic and Humanities Jurnal Hukum dan Pembangunan
Djafar, Muhammad Mufti M
Fakultas Hukum Universitas Khairun
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : KHAIRUN LAW JOURNAL

 1 
The Urgency of Granting Authority of Judiciary Institutions in Dispute) Effectiveness of Duties and Functions of Civil Service Police as Law Enforcers of Regional Regulations in Ternate City Fahria Fahria; Muhammad Mufti M Djafar
Khairun Law Journal Volume 4 Issue 2, March 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (909.814 KB) | DOI: 10.33387/klj.v4i2.3020

Abstract

Ternate City Government in its efforts to make Ternate City a cultured, religious, harmonious, independent, just and environmentally friendly city in accordance with the vision of its government, of course, requires regional apparatus that work effectively and optimally in order to realize the vision of the government. One of the regional apparatus is the Civil Service Police Unit (Satpol PP), which according to the mandate of the laws and regulations has the function and duty of maintaining and carrying out public order and order, including its function of enforcing regional laws in Ternate City. A number of Ternate City regional regulations that are enforced with the aim of creating peace and public order, such as controlling street vendors, squatters, street children and others, of course, must be supported by the effectiveness of the duties and functions of the Satpol PP of the Ternate City Government.In previous studies on the topic of the existence of Satpol PP duties and functions, there has not been a single research study that has questioned the effectiveness of Satpol PP's duties and functions as law enforcer of local regulations, so it can be said that the study to be investigated by this researcher is still a relatively problem. has never been studied by previous researchers. Therefore, it can be said that this research has a novelty and originality side.The general objective of this research is to examine in depth the form of effectiveness of Satpol PP's duties and functions as law enforcer of regional regulations in Ternate City. Meanwhile, the specific objectives of research on this topic are expected to become material for recommendations for local governments and / or stakeholders in fixing and establishing policies (policies) related to the existence of Satpol PP as law enforcers of regional regulations.The method in this study uses a socio-juridical research type with a qualitative research type. Research with the socio-juridical type was used with the reason to identify the form of effectiveness of the Satpol PP's duties and functions as law enforcers of regional regulations in Ternate City. The nature of this research is exploratory in nature which aims to test whether there is a cause and effect relationship between the various problem variables under study. While the approach in this research is to use a conceptual approach (conceptual approach) and a legal instrument approach (statute approach). Data collection techniques in this study were carried out by collecting primary and secondary legal materials in the form of legal policy regulations that regulate the duties and functions of Satpol PP and interviews with informants who are considered relevant to the problems being studied.The research stages in the form of data tracing, data processing, and data completion of research results will be carried out for 6 (six) months in 1 (one) year running period. The mandatory output from the results of this research is in the form of publications in national journals that are ISSN online. Meanwhile, the tentative additional output is in the form of enrichment of teaching materials
CRIMINOLOGICAL REVIEW OF THE CRIME OF DIFFERENCE IN EFFORTS TO PROTECT CHILDREN WHO ARE OBJECTED BY CRIME Iyam Irahatmi Kaharu; Fahria Fahria; Muhammad Mufti M Djafar
Khairun Law Journal Volume 4 Issue 2, March 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (915.52 KB) | DOI: 10.33387/klj.v4i2.3105

Abstract

Crime is a very anti-social act that consciously gets a reaction from the state in the form of giving suffering (punishment or action). Crime as a behavior is an act of deviance, is against the law or violates statutory regulations and is detrimental to the community in terms of decency, decency and order of community members. Crime can be defined juridically and sociologically. Crime is part of people's lives and is an everyday event. A philosopher named Cicero said Ubi Societas, Ibi Ius, Ibi Crime which means there is a society, there is law and there is crime. The benefit of studying criminology is that criminology contributes to the formulation of new legislation (the Criminalization Process), explaining the causes of crime (Criminal Ethylogy) which in turn creates efforts to prevent crime. Another issue regulated in the child protection law is how to punish adults who commit crimes against children and also the responsibility of parents, society and the state in protecting children. This research was conducted in North Maluku, precisely in the city of Ternate. This research will use a descriptive type of analysis with a qualitative approach. In collecting data through library research, field studies and documentation studies
PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri Phireri; Muhammad Akbar Fhad Syahril; Muhammad Mufti M. Djafar
Khairun Law Journal Volume 7 Issue 2, March 2024
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i2.7384

Abstract

Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.
The Urgency of Granting Authority of Judiciary Institutions in Dispute) Effectiveness of Duties and Functions of Civil Service Police as Law Enforcers of Regional Regulations in Ternate City Fahria, Fahria; Djafar, Muhammad Mufti M
Khairun Law Journal Volume 4 Issue 2, March 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v4i2.3020

Abstract

Ternate City Government in its efforts to make Ternate City a cultured, religious, harmonious, independent, just and environmentally friendly city in accordance with the vision of its government, of course, requires regional apparatus that work effectively and optimally in order to realize the vision of the government. One of the regional apparatus is the Civil Service Police Unit (Satpol PP), which according to the mandate of the laws and regulations has the function and duty of maintaining and carrying out public order and order, including its function of enforcing regional laws in Ternate City. A number of Ternate City regional regulations that are enforced with the aim of creating peace and public order, such as controlling street vendors, squatters, street children and others, of course, must be supported by the effectiveness of the duties and functions of the Satpol PP of the Ternate City Government.In previous studies on the topic of the existence of Satpol PP duties and functions, there has not been a single research study that has questioned the effectiveness of Satpol PP's duties and functions as law enforcer of local regulations, so it can be said that the study to be investigated by this researcher is still a relatively problem. has never been studied by previous researchers. Therefore, it can be said that this research has a novelty and originality side.The general objective of this research is to examine in depth the form of effectiveness of Satpol PP's duties and functions as law enforcer of regional regulations in Ternate City. Meanwhile, the specific objectives of research on this topic are expected to become material for recommendations for local governments and / or stakeholders in fixing and establishing policies (policies) related to the existence of Satpol PP as law enforcers of regional regulations.The method in this study uses a socio-juridical research type with a qualitative research type. Research with the socio-juridical type was used with the reason to identify the form of effectiveness of the Satpol PP's duties and functions as law enforcers of regional regulations in Ternate City. The nature of this research is exploratory in nature which aims to test whether there is a cause and effect relationship between the various problem variables under study. While the approach in this research is to use a conceptual approach (conceptual approach) and a legal instrument approach (statute approach). Data collection techniques in this study were carried out by collecting primary and secondary legal materials in the form of legal policy regulations that regulate the duties and functions of Satpol PP and interviews with informants who are considered relevant to the problems being studied.The research stages in the form of data tracing, data processing, and data completion of research results will be carried out for 6 (six) months in 1 (one) year running period. The mandatory output from the results of this research is in the form of publications in national journals that are ISSN online. Meanwhile, the tentative additional output is in the form of enrichment of teaching materials
PENINGKATAN PERAN PEMERINTAH DALAM MELINDUNGI HAM KAUM DIFABEL Phireri, Phireri; Syahril, Muhammad Akbar Fhad; M. Djafar, Muhammad Mufti
Khairun Law Journal Volume 7 Issue 2, March 2024
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v7i2.7384

Abstract

Decent work and livelihoods for humanity are part of human rights for everyone, including people with disabilities, so the 1945 Constitution provides guarantees and legal protection for their implementation. The problem is the discriminatory attitude towards persons with disabilities and the low level of education of persons with disabilities as a gap between people with disabilities and non-disabled workers. The absence of exact data related to the number of workers with disabilities both in the private sector and non-private sectors (PNS, BUMN and BUMD) raises its own problems in the protection of persons with disabilities. The quota of minimum requirement is 2 percent as a mandatory for the government, local government, BUMN, and BUMD and 1 percent for private companies from the number of employees or workers in the Disability Act is apparently not enough to provide protection for people with disabilities. This research is a normative legal research to examine the laws and regulations in order to obtain justice for persons with disabilities. This becomes very important as a form of government commitment through supervision and improvement of policies becomes very important so that persons with disabilities get decent work and livelihoods.
CRIMINOLOGICAL REVIEW OF THE CRIME OF DIFFERENCE IN EFFORTS TO PROTECT CHILDREN WHO ARE OBJECTED BY CRIME Kaharu, Iyam Irahatmi; Fahria, Fahria; Djafar, Muhammad Mufti M
Khairun Law Journal Volume 4 Issue 2, March 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33387/klj.v4i2.3105

Abstract

Crime is a very anti-social act that consciously gets a reaction from the state in the form of giving suffering (punishment or action). Crime as a behavior is an act of deviance, is against the law or violates statutory regulations and is detrimental to the community in terms of decency, decency and order of community members. Crime can be defined juridically and sociologically. Crime is part of people's lives and is an everyday event. A philosopher named Cicero said Ubi Societas, Ibi Ius, Ibi Crime which means there is a society, there is law and there is crime. The benefit of studying criminology is that criminology contributes to the formulation of new legislation (the Criminalization Process), explaining the causes of crime (Criminal Ethylogy) which in turn creates efforts to prevent crime. Another issue regulated in the child protection law is how to punish adults who commit crimes against children and also the responsibility of parents, society and the state in protecting children. This research was conducted in North Maluku, precisely in the city of Ternate. This research will use a descriptive type of analysis with a qualitative approach. In collecting data through library research, field studies and documentation studies
Co-Authors Arief Budiono Fahria Fahria, Fahria Faisal Faisal Gamar Muhdar Ghazali, Mardania Ikrima, Nur Aida Iyam Irahatmi Kaharu Kaharu, Iyam Irahatmi Muh. Akbar Fhad Syahril Phireri Phireri Phireri, Phireri Umar, Mahmud Hi.