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All Journal Jurnal Ilmiah Al-Syir'ah MIZAN, Jurnal Ilmu Hukum
Elsa Rina Maya Toule
Universitas Pattimura
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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KEBIJAKAN KRIMINAL TERHADAP PENCEGAHAN TINDAK PIDANA PERDAGANGAN ORANG Elsa Rina Maya Toule
MIZAN, Jurnal Ilmu Hukum Vol 9 No 1 (2020): Mizan: Jurnal Ilmu Hukum
Publisher : Universitas Islam Kadiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/mizan.v9i1.1049

Abstract

Human trafficking as a form of adult crime has been very widespread. Carried out by an organized network, crossing national borders using various methods to sophisticated technology. By involving cross-country organizations and by using sophisticated technology, trafficking in persons is a crime that requires systematic and comprehensive treatment. Trafficking in persons is not only a matter of a country, but rather a cross-country or international problem. The purpose of this study was to determine the criminal policy against the prevention of criminal acts of civilization, the method of writing is normative juridical. The results of the study show that strategies and policies for handling it cannot be expected by only using criminal law facilities, but also non-criminal means. Legal policies are carried out on preventing the crime of trafficking in persons, particularly criminal law which is oriented to the protection and guarantees of human rights law. The aim is to protect the human rights of every citizen, which is not only oriented to the giving of punishments and non-punishments to perpetrators, but is prioritized to protect witnesses and victims, so prevention efforts must be optimal, synergistic, integrated and sustainable, coordinated, involving all components in society. Indonesia is a country that is vulnerable to the crime of trafficking in persons, because the archipelago, a large population, with an unequal level of economic life and can be accessed through many entry points, makes Indonesia a country of origin for victims. The mere presence of a law against trafficking in persons does not benefit. This law must be supported by a variety of other policies, both in the form of other laws and regulations, as well as other strategic policies which are internal policies of related institutions and regional regulations.
Procedural Formalities versus Substantive Protection (Reconciliation and Child Welfare in Divorce under Algerian and Indonesian Legal Systems) Yassine Chami; Elsa Rina Maya Toule; Deassy Jacomina Anthoneta Hehanussa; Mohammad Abdallah Alshawabkeh; Driss ED Daran; Enas Qutieshat; Muhamad Haviz
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3319

Abstract

This study aims to analyze the role of judges in promoting reconciliation and protecting children's rights during divorce proceedings, as regulated by the Algerian Family Code and the Civil and Administrative Procedure Code. The research employs a normative legal approach by examining statutory provisions and relevant literature to evaluate the practical implementation of legal norms. The findings reveal that although reconciliation is mandated by law, the failure to undertake such efforts does not invalidate the divorce judgment. This suggests that reconciliation serves as a procedural formality rather than a substantive requirement within the legal framework. The research further underscores the need for a more integrated legal approach that balances legal certainty with child protection. In practice, judicial focus during reconciliation hearings tends to prioritize the interests of the divorcing parties while insufficiently addressing the implications for children. Consequently, the study emphasizes the importance of active judicial intervention to safeguard children's rights to custody, maintenance, and protection during divorce. It advocates for legal reform to transform reconciliation into a meaningful mechanism, ensuring that the child's best interests are at the center of divorce proceedings.
Co-Authors Deassy Jacomina Anthoneta Hehanussa Driss ED Daran Enas Qutieshat Mohammad Abdallah Alshawabkeh Muhamad Haviz Yassine Chami