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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Nurlaila Kadarwati Papuluwa
Universitas Muhammadiyah Maluku Utara
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

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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.
THE ROLE OF FISHERY SUPERVISORS IN RESOLVING ILLEGAL AND DESTRUCTIVE FISHING CRIMES IN NORTH MALUKU, INDONESIA Faisal Faisal; Robert Lengkong Weku; Dewi Suyatni; Nurlaila Kadarwati Papuluwa; Nur Aida Ikrima; Arief Budiono; Warda Said
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 6 (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.v5i6.4505

Abstract

Indonesia’s Marine Fisheries Resources Supervisory Agency is a government institution under the Ministry of Maritime Affairs and Fisheries which is committed to continuing to combat illegal fishing and destructive fishing, considering that illegal fishing activities that often occur are fish theft by foreign fishing vessels originating from several neighboring countries. The aim of this research is to analyze the role of fishery supervisors in supervising illegal fishing and destructive fishing practices in North Maluku Province. This was empirical legal research which utilizes both literature review and fieldwork, including interviews. The research results demonstrate the urgency of criminal law's function as an ultimum remedium. To support the realization of sustainable development in the fisheries sector, it is necessary to regulate alternative sanctions for perpetrators of illegal and destructive fishing that are anticipatory in nature. These alternative sanctions can take the form of sanctions aimed at social and economic improvements and repair of damage to fish resources and their ecosystems caused by illegal and destructive fishing practices. Fishery supervisors have the role in supervising illegal and destructive fishing practices in North Maluku Province. The Fishery Supervisory law enforcement system and partners have the role in stopping illegal fishing practices and destructive fishing in North Maluku Province.
Co-Authors Arief Budiono Dewi Suyatni Faisal, Faisal Faissal Malik muhammad amin hanafi Nur Aida Ikrima robert lengkong weku Warda Said