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All Journal Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang JUSTISI Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Law, Poliitic and Humanities
Gamar Muhdar
Universitas Khairun Ternate
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The High Rate of Divorce Amid The Covid-19 Pandemic: An Legal Empiric Observation Irahatmi Kaharu, Iyam Irahatmi; Muhdar, Gamar; Alizea Sybelle, Jan; Budiono, Arief
Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Vol 7 No 1 (2024): Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang
Publisher : Fakultas Hukum Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/yur.v7i1.20772

Abstract

Divorce happens due to continuous disputes and fights due to economic reasons. This research aims to analyze the factors causing the increasing rate of divorce as well as its main causes amid the pandemic in Ternate City. This paper employed the normative juridical method which is a literary study that studies documents. Results showed that divorce is the last resort. Economic status is the factor that wives often use to file for a divorce, as husbands are no longer able to provide for the wife, causing family conflicts that lead to divorce. The second factor is the rampant cases of work termination. This has become one of the main causes of divorce amid the Covid-19 pandemic.
Legal Analysis of Legal Protection for Children as Victims of Incest Criminal Act Faisal; Muhdar, Gamar; Weku, Robert Lengkong; Budiono, Arief
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1117

Abstract

Background: In society, children have a highly vulnerable position, as their physical and mental condition is not yet strong and mature. There have lately been many cases of crimes against morality which involve children, especially the crime of sexual violence, including incest. Objective: This paper aims to analyze: (1) the law on child victims of incest applied at the Ternate City Police Force and (2) the obstacles in applying the law to protect child victims of incest at the Ternate City Police Force. Methods: This research was classic doctrinal research which employed a statute approach and a library approach. To collect data in this study, the researchers employed literature and legislation studies. Results: It was found that efforts provided for victims of underage sexual intercourse and rape in the criminal justice system are implemented through preventive and repressive approaches carried out by both the community and the government. Perpetrators of incest rape are charged with 3 legal regulations, namely the Sexual Violence Crime Law, the Criminal Code, and the Child Protection Law. The existing obstacle is that not many people understand the process of handling incest cases which should be punished more severely than ordinary rape.
Law Enforcement Against Traffic Law Violations Committed by Students in Ternate City Fahria, Fahria; Djafar, Muhammad Mufti M; Muhdar, Gamar; Budiono, Arief
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2796

Abstract

Traffic rules are created to guard the safety of everyone who travels on vehicles on the road every day. Rampantly occurring traffic violations that evoke concerns in society are traffic violations committed by students. This paper aims to analyze the factors that influence law enforcement against traffic law violations committed by students in the legal area of the Ternate City Police Resort Traffic Unit as well as the efforts carried out to prevent events of traffic law violations by students. This research used the empirical research design. It was an approach model in the form of an action to see the legal reality in society. In this research, the researchers collected the data using field research, literary study, and documentation methods. From these three types of data collection, the data obtained were divided into two, namely primary and secondary data. Research found that the factors which influence law enforcement against traffic law violations committed by students in the legal area of Ternate City Police Resort Traffic Unit are the family factor, the education factor, and the environmental factor. Legal efforts that may be applied to prevent the occurrence of traffic law violations committed by students in the legal area of Ternate City Police Resort Traffic Unit are: (1) Preventive efforts, by organizing socializations especially for parents to always supervise their children and prevent them from driving motorized vehicles as underage children are not eligible to obtain a driver’s license, as according to the law, a person must be at least 17 years old to obtain it and (2) Repressive efforts by giving a warning to students that violate the traffic laws. If perpetrators still commit violations after obtaining a warning, they will obtain a ticket
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: 10.54443/morfai.v6i1.4871

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.
Co-Authors Alizea Sybelle, Jan Arief Budiono Djafar, Muhammad Mufti M Fahria, Fahria Faisal Irahatmi Kaharu, Iyam Irahatmi Iyam Irahatmi Kaharu muhammad amin hanafi Weku, Robert Lengkong