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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Law, Poliitic and Humanities JURNAL SAINS, SOSIAL DAN HUMANIORA
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.
Recounstructing the Customary Law of the Tidore Sultanate: Regulation of Marrige, Inheritance, and Customary Communal Land Rights Nur ida; Nurlina Buamona; Nurlaila Kadarwati Papuluwa
JURNAL SAINS SOSIAL DAN HUMANIORA (JSSH) Vol. 6 No. 1 (2026): JSSH : Jurnal Sains, Sosial dan Humaniora
Publisher : Lembaga Penellitian, Pengabdian dan Publikasi (LP3M), UNIVERSITAS MUHAMMADIYAH MALUKU UTARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52046/jssh.v6i1.2773

Abstract

This study examines the reconstruction of customary law (Se-Atorang) in the Sultanate of Tidore, focusing on customary marriage, inheritance, and communal land rights. The research addresses the limited documentation of customary legal norms and the growing challenges posed by modernization and the development of national law. The objective is to analyze the existence, implementation, and reconstruction of customary legal principles that continue to regulate social relations and preserve the cultural identity of the Tidore community. This research employed an empirical legal approach with a qualitative descriptive method. Data were collected through field observations, in-depth interviews with traditional leaders and customary authorities of the Sultanate of Tidore, and document analysis. The findings demonstrate that customary law remains a living legal system that functions alongside state and Islamic law in Tidore society. The reconstruction reveals three core principles of Se-Atorang: (1) customary marriage is grounded in family consensus, religious values, and the protection of women's dignity; (2) inheritance practices primarily follow Islamic law while incorporating customary deliberation to maintain social harmony and kinship; and (3) communal land rights are preserved through collective management based on ancestral ownership and customary authority. These principles reflect the adaptability of Tidore customary law in responding to contemporary social and legal developments while maintaining local cultural values. The study highlights the importance of documenting, protecting, and integrating customary law into legal and educational frameworks to strengthen indigenous cultural heritage and ensure its sustainability for future generations.
The Legal Position of Foso and Boboso Customary Criminal Sanctions within the Framework of the National Criminal Code in the Jurisdiction of the Sultanate of Ternate Faisal Faisal; Robert Lengkong Weku; Nurlaila Kadarwati Papuluwa; Isyana Kurniasari Koronas; Arief Budiono
Journal of Law, Politic and Humanities Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i6.3705

Abstract

Foso and Boboso have functional customary legal force within the scope of the Ternate customary community as informal law (living law) to maintain the order of the Ternate customary community, North Maluku. This study analyzes: (1) the legal position of the customary criminal sanctions of foso and boboso in the Se Atorang customary tradition in the Ternate Sultanate of North Maluku and (2) the prospects and challenges of transforming customary criminal law as additional punishment in Law Number 1 of 2023 concerning the Criminal Code in the Ternate Sultanate of North Maluku. The research method used in this study is an empirical legal research method with a live case study approach. The results of the study indicate that the origin of Article 66 paragraph (1) letter f provides recognition of customary sanctions against perpetrators of criminal acts. However, there are problems in its application. This is because customary criminal sanctions, known in Ternate customary law as "Foso se Boboso," are based on the Adat se-Atorang philosophy and the principle of the relationship between the Sultan and the People, which prioritizes the implementation of the "Ngofa se Nyeku" custom. Violations of norms, ethics, etiquette (politeness), and customary law by ngofa se nyeku members will be subject to tiered customary sanctions. Initial sanctions include stern warnings, advice, or guidance from traditional elders or the customary council (fala raha) or spiritual leaders (sowohi) within the customary structure of the sultanate in North Maluku.
Co-Authors Arief Budiono Faisal, Faisal Faissal Malik Hanafi, Muhammad Amin Isyana Kurniasari Koronas Nur Aida Ikrima Nur ida Nurlina Buamona robert lengkong weku Suyatni, Dewi Warda Said