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Journal : sasi

Establishment of The Law On The Seizure of Assets Resulting From Money Laundering Based On Fair Law Enforcement In Indonesia Sitompul, Ariman; Hasibuan, Edi Saputra
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1504

Abstract

Introduction: The realization of Parliament's desire to support asset seizure efforts, currently there is a discourse to regulate the seizure of assets resulting from criminal offenses in a separate law. The proposal to form a law on the expropriation of assets resulting from criminal acts is seen in the agreement to include a draft law on the expropriation of assets resulting from criminal acts in the National Legislation 2009-2014.Purposes of the Research: The purpose of this study is to explain the paradigm that the importance of the establishment of asset seizure laws in money laundering.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The urgency of establishing a special asset seizure law for money laundering is an inadequate mechanism. Adequate mechanisms in asset seizure efforts are expected to use the mechanisms contained in the UNCAC so that asset seizure in Indonesia will run effectively.
The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases Sitompul, Ariman
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1281

Abstract

Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.
The Power of Proof In Victims of Sexsual Abuse Maswandi, Maswandi; Jamillah, Jamillah; Sitompul, Ariman
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.988

Abstract

Introduction: Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence.Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.
Living Law in Indonesia’s New Criminal Code: Constructing a Harmonization Framework for National and Customary Criminal Law Hasbi, Mhd; Silitonga, Saritua; Sitompul, Ariman
SASI Vol 32 No 3: Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3718

Abstract

Introduction: The recognition of living law under Indonesia’s Law Number 1 of 2023 on the Criminal Code creates a normative intersection between state criminal law and customary criminal law. However, the legal framework does not yet provide sufficient juridical mechanisms for determining, verifying, and applying customary criminal norms within the formal criminal justice system. Purposes of the Research: This study aims to construct a juridical framework for harmonizing national and customary criminal law by examining the legal position of living law, identifying criteria for the recognition of customary criminal norms, and formulating mechanisms for their application within the national criminal justice system. Methods of the Research: This study employs normative legal research using statutory, conceptual, and analytical approaches. Primary legal materials, particularly Law Number 1 of 2023, the 1945 Constitution, and Law Number 48 of 2009, are analyzed through systematic, teleological, and historical interpretation. Results of the Research: The study develops a juridical construction consisting of four recognition parameters and three operational mechanisms. A customary norm must demonstrably exist and continue to be practiced, be recognized by the relevant community, be judicially verifiable, and comply with constitutional, human-rights, and fundamental criminal-law principles. The operational framework comprises: (1) compilation of customary offenses through participatory regional regulation; (2) coordination between formal and customary institutions; and (3) a hybrid model integrating formal adjudication with customary restorative mechanisms where legally permissible. The study concludes that harmonization should be based on structured coexistence rather than assimilation, thereby accommodating living law while preserving legality, legal certainty, and human-rights protection.
Co-Authors Abdul Satar Abraham Abraham Adiputra Adiputra Adiputra, Adiputra Agung Dwi Laksono Ahmad Ridho Arif Aisyah Aisyah Al-Hafiz Al-Hafiz Andi Hakim Lubis Ardyan Ardyan Ardyan, Ardyan Azhary Lubis, Muhammad Dhobit Azmi, Syariful Baby Suryani Fithri Batubara, Hirsan Bayu Dwi Arya, Muhammad Besdy, Besdy Desranta, Vincent Edi Saputra Hasibuan Edi Setiawan Sipayung Fahrizal S.Siagian Gayo, Sabela Guntari, Suryani Haris Kelana Damanik Hasan Basri Hasbi, Mhd Hasbi, Mhd. Hasibuan, Edi Saputra Irawan Irawan Irawan Irawan Jamillah Jamillah Jamillah Jamillah, Jamillah Kusbianto Kusbianto Kusbianto Kusbianto Kusbianto Kusbianto Kusbianto Kusbianto Kusbianto, Kusbianto Lubis, Rafnila Luis, Rafnila Mary, Dina Maswandi Melki Suhery Simamora MELKI SUHERY SIMAMORA Melky Suheri Simamora Melky Suhery Simamora Mhd. Nasir Sitompul Miftahuddin Miftahuddin Miftahuddin Miftahuddin Moina Moina Moina, Moina Muhammad Luthfi Muhammad Nasir Sitompul Mulyanta Sembiring, Dedek Nanang Tomi Sitorus Nurhayati Nurhayati Nurhayati Nurhayati Pony, Pony Pranoto, Agus Rilawadi Sahputra Rilawadi Sahputra Rina Melati Sitompul Rizkan Zulyadi Rudi Mahruzar Ruslaan, Ruslan Ruslan Ruslan Ruslan Ruslan Ruslan Ruslan Ruslan Ruslan Ruslan Sahputra, Rilawadi Saputra, Iqbal Satar, Abdul Serimin Pinem Sianipar, Mangatur Ruhut Banuara Silitonga, Saritua Simamora, Melky Suhery Simon, Jhon Sirait, Mangatur Surnada, Surnada Suryani Guntari Syamsiar, Syamsiar Syariful Azmi Syariful Azmi Syauqi, Teuku Muhammad Syawal Lubis, Muhammad Syukur Siregar, Abdul Vincen, Vincen Winarko, Bagus Windy Sri Wahyuni Yuanda, Eryanto Pangaftu Yudha, Nano Eka Zuliah, Azmiati ZULIAH, AZMIATI