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All Journal Khairun Law Journal Cepalo KHAIRUN LAW JOURNAL Ius Poenale
Ahmad Mufti
Fakultas Hukum Universitas Khairun
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Cepalo

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OPTIMIZATION OF MALUKU'S DIRECTORATE GENERAL OF CUSTOMS AND EXCISE SUPERVISION FUNCTION IN THE ARCHIPELAGIC REGIONS FOR EXCITED GOODS CIRCULATION Ahmad Mufti; Muhaimin Limatahu
Cepalo Vol 6 No 1 (2022)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v6no1.2580

Abstract

The Directorate General of Customs and Excise is engaged in customs and excise. Meanwhile, as the technical implementer at the district/city level, the Customs Supervision and Service Office has the task of carrying out the formulation and implementation of policies in the field of supervision, law enforcement, service, and optimization of state revenues in the customs and excise sector following the provisions of laws and regulations. The general goal of this research is to determine the extent to which the Ternate Office of the Directorate General of Customs and Excise implements the supervisory function in supervising the circulation of excisable goods and other contraband goods in the North Maluku community, while the specific goal of the study is to determine the efforts optimization carried out by the Ternate Office of the Directorate General of Customs and Excise. Furthermore, studies revealed that the Ternate Office of the Directorate General of Customs and Excise continues to improve its performance to optimize the internal control function of excisable goods as measured by Key Performance Indicators and collaboration between institutions such as the Operational Facility Base, the Indonesian Navy, the Indonesian Amy, the Indonesian Air, and Water Police, the National Narcotics Agency or Badan Narkotika Nasional (BNN), the Ministry of Tr, and the Ministry of Tr. The most noticeable obstacle is the number of personnel and facilities spreading across the vast area being monitored, the strategic area of the North Maluku waters, community and cultural factors.
FULFILLMENT OF THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN IN CONFLICT WITH THE LAW (ABH) IN THE CITY OF TERNATE Arisa Murni Rada; Muhaimin Limatahu; Ahmad Mufti
Cepalo Vol 7 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v7no1.2886

Abstract

This research focuses on testing the cluster of children's rights with indicators of the fulfillment of special protection for children, specifically children in conflict with the law (ABH) as perpetrators; this is based on the fact that a child is at very high risk of being violated by his human rights when he has to be involved in the criminal justice system. The method used is empirical juridical or sociological legal research that examines the legal provisions that apply and what happens in society. The sociological juridical and statutory approach examines all regulations related to the legal issues under study. The data obtained were analyzed descriptively and qualitatively and used the deductive and inductive methods in concluding. The study results show that the fulfillment of special protection rights for children by law enforcement and the Regional Government of Ternate City is not optimal, even though several cases have been handled through a restorative justice approach in handling ABH. The support from the Regional Government of the City of Ternate realizes the fulfillment of ABH rights. It accelerates the status of a Child-Friendly City by providing the necessary facilities such as ABH special needs, special detention cells, recreation activities, social advocacy, accessibility, education, health, religion, and other needs through establishing a Unit. The Technical Implementer of the Area for the Protection of Women and Children (UPTD PPA) is constrained internally and externally, namely the unavailability of the Regional Regulation on Child Protection as a legal basis at the regional level, the unavailability of rehabilitation facilities for drug addict children and the low level of public understanding of the settlement of restorative justice which prioritizes children's interests.
DIVERSION PRACTICES IN JUVENILE TRAFFIC CRIME INVESTIGATIONS AS A SOCIAL ENGINEERING TOOL: A CASE IN NORTH MALUKU, INDONESIA Abdulajid, Syawal; Anshar, Anshar; Mufti, Ahmad; Suwito, Suwito
Cepalo Vol 8 No 1 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v8no1.3294

Abstract

Diversion as an alternative to out-of-court settlement faced both theoretical and practical challenges. In the context of traffic offenses committed by minors, the practice of diversion encountered legal uncertainties about whether it could effectively address the core issues. The dilemma arose from the need to enforce the law while also protecting the rights of children as mandated by the Juvenile Justice System Law. This paper reviewed the practice of diversion in resolving traffic offenses by minors in North Maluku, aiming to assess its effectiveness and explore its role as a tool of social engineering. The research employed a doctrinal legal research model with a juridical-normative approach. Findings indicated that diversion practices in North Maluku, particularly for traffic offenses committed by minors, were ineffective due to several factors: regulatory deficiencies, lack of competence among enforcement personnel, and the prevailing legal paradigm within the community. From the perspective of law as a tool of social engineering, diversion alone was insufficient without subsequent measures to address traffic crimes committed by minors, necessitating the reconstruction of the legal culture and enhancement of public awareness to foster traffic order and safety.
Co-Authors Abdulajid, Syawal Ainurrafiqa Pelupessy Anshar Anshar Arisa Murni Rada Muhaimin Limatahu Muhaimin Limatahu Muhaimin Limatahu Suwito Suwito