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Safety, Health and Feasibility Local Wisdom and Regulation of Marine Products: Convergence and Case Study of Mare Island, Tidore Islands Husen Alting; Suwarti Suwarti; Irfan Ahmad
Journal of Global Pharma Technology Volume 12 Issue 11 (2020) Nov. 2020
Publisher : Journal of Global Pharma Technology

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.666 KB)

Purpose: to finds a convergence between the local regulation and wisdom in Mare regarding the sustainability of resources and marine products and its safety, feasibility and health standards. Methods: this study is a descriptive qualitative study which describes regulations on the safety, feasibility and health standards of processing seafood and local wisdom regarding the preservation of marine resources. Result: Local wisdom in Mare has not been able to achieve regulations related to safety, feasibility and health standards of seafood but the local wisdom was able to maintain the sustainability of marine resources. Both of these things can be converged with technology so that the sustainability of marine resources can be achieved while realizing the safety, feasibility and health standards of marine produce. Conclusion: local wisdom is not a static thing so that between local wisdom and the preservation of marine resources and safety regulations, feasibility and health standards of seafood can be converged upon them.

Analysis of Imprisonment Implementation against the Perpetrators of the Cybercrimes Syamsuddin Ishak; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.538

This study aims to analyze the application of criminal sanctions to Law Number 11 of 2008 Jo. Law Number 19 of 2016 in the criminal act of defamation or insult decision Number 30/Pid.Sus/2020/PN Tte, and what is the purpose of the threat of imprisonment in the criminal act of mayantara or cyber crime decision Number 30/Pid.Sus/2020/PN Tte about defamation. The research method used in this studyconduct research that is analytical descriptive by using normative legal research or normative juridical. Analytical descriptive legal research is a method that functions to describe or give an overview of the object under study through data or samples that have been collected as they are without conducting analysis and making general conclusions. In other words, analytical descriptive research takes problems or focuses attention on problems as they were when the research was carried out, the results of the research were then processed and analyzed to draw conclusions. The results of this study indicate thatApplication of criminal sanctions by the Panel of Judges for the criminal act of mayantara Decision Number 30/Pid.Sus/2020/PN Tte. regarding Defamation or insult on social media refers to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 11 of 2008 jo. Law number 19 of 2016 concerning ITE with the threat of imprisonment for 5 (five) years and 6 (six) months and a fine of Rp. 100,000,000.00 (one hundred million rupiah) if the fine cannot be paid by the Defendant, it is replaced by imprisonment for 3 (three) months. However, the Panel of Judges in its Consideration stated that the defendant alias Damrin was legally and convincingly guilty of also committing an act that had a charge that violated decency. The aim of imposing imprisonment on perpetrators of criminal defamation through electronic media is as retaliation for disgraceful acts, as a form of overcoming criminal acts to protect society and to create a deterrent effect on perpetrators. This goal is heavily influenced by criminal philosophies in criminal law.

Analysis of Fraud in Civil on Agreements Resulting in Default Catur Erwin Setiawan; Suwarti Suwarti; Nam Rumkel
Journal of Social Science Vol. 2 No. 6 (2021): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze in-depth the fraud based on Article 1328 of the Civil Code on the agreement that can result in default, as well as to examine the legal consequences of the agreement containing elements of fraud based on Article 1328 of the Civil Code, fraud can be canceled or null and void. The research method used in this research is normative research on the rule of law contained in Article 1328 of the Civil Code. The data used in this study is secondary data. The secondary data used in this study consists of primary legal materials that are authoritative which means they have authority, secondary legal materials, and tertiary legal materials. The results of this study indicate that fraud based on Article 1328 of the Civil Code in the Agreement does not result in Default. Because default and fraud in civil law have different elements. Default is regulated in Article 1243 of the Civil Code, while fraud in civil law is regulated in 1328 of the Civil Code. The consequences of an agreement containing an element of fraud can be canceled or null and void by law. The condition for canceling the agreement is that the agreement to be canceled must be reciprocal, namely an agreement that gives rights and obligations to both parties, cancellation is carried out through the court so that the cancellation of the agreement is through a judge's decision, and there must be a default. An agreement can be canceled as stipulated in article 1321 of the Civil Code, while an agreement that has prohibited things causes the agreement to be null and void, based on Article 1254 of the Civil Code.

Legal Existence of Brokers in Land Sale and Purchase Binding Agreement Nurlaila Kadarwati Papuluwa; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 3 No. 4 (2022): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the legal position of the broker (broker) as an intermediary trader in the binding agreement for the sale and purchase of land in Indonesia, as well as the legal implications of the actions of the land broker in the binding sale and purchase agreement (PPJB) which resulted in the occurrence of defect of will(wilsgebreken/ defect of consent). This type of research uses the normative type, normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study indicate that legal position of a broker (broker) as an intermediary trader in a binding agreement for the sale and purchase of land in Indonesia in the KUHD arrangement is classified based on an official broker and an unofficial broker. Related official brokers have been regulated in the provision of Article 62 of the KUHD that he must obtain an official appointment fromrequired state officials. Meanwhile, unofficial brokers through the provisions of Article 63 of the KUHD do not grant a monopoly position to brokers, in fact there is an article that allows the existence of unofficial brokers, namely without an appointment from the Minister of Justice and without an oath, namely Article 63 of the KUHD bsd 1792 of the KUHPER. In this case, this unofficial broker is seen as a normal power holder

Mediators Optimization of Civil Disputes Mediation Process at Post-Perma Court No. 1 of 2016 Fahri Latukau; Nam Rumkel; Suwarti Suwarti
Journal of Social Science Vol. 3 No. 4 (2022): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the factors causing the unsuccessful mediation process carried out by the mediator in resolving civil disputes, as well as what steps are important for the existence of the mediator in conducting the mediation process for civil disputes in court in accordance with the mandate of Perma Number 1 of 2016. This research method uses empirical legal research, namely research that looks at the application of legislation in society. The research conducted by the researcher belongs to the type of field qualitative research, namely research that emphasizes the completeness of the data collected in the form of primary and secondary data. The results showed that factors that cause the unsuccessful mediation process carried out by the mediator in resolving civil disputes. First,Certified mediator,The first obstacle regulated by the Supreme Court is admitting an intermediary or third party in the mediation process with a certification issued by the Supreme Court. This is an obstacle, why is that? Because basically a third party or mediator in the mediation process is not required to have a mediator certificate. A logical consequence that arises in the courts is also the limited number of judges with the high quality of cases which do not maximize the mediation process. The effectiveness of the implementation of peace efforts is influenced by the number of cases charged to judges. This will actually affect the performance of a judge in seeking peace for the parties. Another obstacle is the facilities and infrastructure in carrying out mediation.

Analysis of Actions Against The Law Case of Appointment of The Pagu Tribe Custom Leader (Sangaji) In North Halmahera Regency Alimudin Boly; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 1 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the legitimacy of the appointment of the Pagu Tribe Chief based on the Customary Law of the Pagu people, as well as examine the considerations of the judges of the North Maluku High Court (PT) in deciding the case of appointing the Pagu Tribe Head of North Halmahera as an unlawful act (PMH). The research method used in this study is empirical legal research, namely research that looks at the application of laws and regulations in society. The results of this study indicate that validity of the Appointment of the Head of the Pagu Tribe based on the reason that the role of the Traditional Head in resolving land disputes in the Pagu Tribe is as a Peace Judge in customary trials and as a decision maker where the decision is binding for the parties to the dispute. Legal basis consideration of the judge of the District Court Number 13/Pdt.G/2020/PN.Tob decided the case of appointing the tribe head as the customary institutional administrator for the North Halmahera Pagu tribe was an unlawful act (PMH). Regarding loss of wealth (hermogenschade), compensation generally consists of compensation for losses suffered and also in the form of profits that one can expect to receive (gederfdewinst). In this regard, it is not as easy as predicted to determine the amount of compensation.

Legal Analysis of the Effective Use of School Operational Assistance Funds in North Halmahera District Rina Wahyuni; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 1 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Regulation of the Minister of Education and Culture Number 6 of 2021 Concerning the Technical Guidelines for Regular School Operational Assistance states that the purpose of providing BOS Funds is to help with school operational costs, increase flexibility and quality of learning for students. The government hopes that every poor citizen can get an education and experience a better teaching and learning process. school operations in North Halmahera Regency. This study uses qualitative research. The population study was all schools in West Kao District, North Halmahera Regency with a sample of 11 schools. This research was conducted from June to August 2022. The research instruments were interviews and observations. The results showed that the use of BOS funds had not been effective so that the quality of education was still relatively low.

Analysis of Imprisonment Implementation against the Perpetrators of the Cybercrimes Syamsuddin Ishak; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the application of criminal sanctions to Law Number 11 of 2008 Jo. Law Number 19 of 2016 in the criminal act of defamation or insult decision Number 30/Pid.Sus/2020/PN Tte, and what is the purpose of the threat of imprisonment in the criminal act of mayantara or cyber crime decision Number 30/Pid.Sus/2020/PN Tte about defamation. The research method used in this studyconduct research that is analytical descriptive by using normative legal research or normative juridical. Analytical descriptive legal research is a method that functions to describe or give an overview of the object under study through data or samples that have been collected as they are without conducting analysis and making general conclusions. In other words, analytical descriptive research takes problems or focuses attention on problems as they were when the research was carried out, the results of the research were then processed and analyzed to draw conclusions. The results of this study indicate thatApplication of criminal sanctions by the Panel of Judges for the criminal act of mayantara Decision Number 30/Pid.Sus/2020/PN Tte. regarding Defamation or insult on social media refers to Article 27 paragraph (3) in conjunction with Article 45 paragraph (3) of Law Number 11 of 2008 jo. Law number 19 of 2016 concerning ITE with the threat of imprisonment for 5 (five) years and 6 (six) months and a fine of Rp. 100,000,000.00 (one hundred million rupiah) if the fine cannot be paid by the Defendant, it is replaced by imprisonment for 3 (three) months. However, the Panel of Judges in its Consideration stated that the defendant alias Damrin was legally and convincingly guilty of also committing an act that had a charge that violated decency. The aim of imposing imprisonment on perpetrators of criminal defamation through electronic media is as retaliation for disgraceful acts, as a form of overcoming criminal acts to protect society and to create a deterrent effect on perpetrators. This goal is heavily influenced by criminal philosophies in criminal law.

Legal Accountability of Regional Company Management for Regional Capital Investment in PT. Aman Mandiri Masrida Masrida; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze the effectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the implementation of local government in the era of regional autonomy, and How is legal responsibility for losses incurred by regional companies PT. The research method used in this study is a type of empirical legal research, namely research that looks at the application of laws and regulations in society. The research carried out includes the type of field qualitative research (field research), which is research that emphasizes the completeness of the data collected, namely in the form of primary and skunder data. The results of this study show that the effectiveness of regional companies PT. Bahari Aman Mandiri Tidore Islands City In the implementation of local government in the era of regional autonomy, there are at least two fundamental reasons that are the subject of research that can be the basis that the ineffectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the administration of local government.

Legal Liability of Illegal Online Loans in the Perspective of Criminal Law Vanti Y. Rolobessy; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

This study aims to analyze law enforcement of misuse of personal data related to illegal online loans (fintech) as a form of mayantara crime in a cyber perspective and examine the liability of illegal online loans (illegal fintech desk collectors) in a criminal law perspective. The research method used in this study is the type of research used in the research is normative legal research as a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The scientific logic that in normative legal research is built on scientific discipline and the ways in which normative legal science works, that is, legal science whose object is law itself. The results of this study show that the enforcement of the Law on Misuse of Personal Data Related to Online Loans (Illegal Fintech) as a Form of Mayantara Crime in a Cyber Perspective is based on the reason that the rampant public activities on electronic media, the Electronic Transaction Information Law was born, namely Law Number 19 of 2016 on Law Number 11 of 2008 concerning Electronic Information and Transactions concerning Electronic Information and Transactions ( ITE) with Considerations can be found in the consideration section, especially in the "Considering" section which states that information globalization has placed Indonesia as part of the world information society so that it requires the establishment of regulations regarding the management of Information and Electronic Transactions at the national level so that the development of Information Technology can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life.

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