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The Southeast Asia Law Journal

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Published by Universitas Jayabaya

ISSN : 24774081 EISSN : 25025503 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

The Southeast Asia Law Journal (SALJ) The Southeast Asian Law Journal (SALJ) is a scholarly journal dedicated to presenting a broad perspective on law justice issues within the domestic Indonesia. SALJ provides a forum for social scientists to report research findings for informed policy making with respect to crime and justice through innovative and advanced methodologies. The journal provides an overview of law and crime and justice within the Indonesia. It focuses on any aspect of crime and the justice system and can feature local, state, or national concerns.

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Articles 18 Documents

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Basics of Legal Authority Forest Management In Indonesia Ramlani Lina Sinaulan
The Southeast Asia Law Journal Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Administer or manage the forest is a very interesting activity and into the desire of many parties for fighting over. This is due to the forestry sector and the potential to bring a source of income. Conflicts of authority or claims that occur in the field of forestry for at least related to the legal instruments governing on division of authority. To prevent possible conflicts of authority in the field of forestry, need to be investigated and disclosed on the basic principles of authority. Resolving conflicts of authority and determine who has the most right to manage forests, not enough to simply rely on the creation of new rules, but must begin with the affirmation of principles law and “enforcement” law.

Relationship of The Military Prosecutor General And The Attorney General in The Prosecution Function Hedwig Adianto Mau; Ani Afrilda Sinaga; Maria Anna Samiyati
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Law enforcement is a process to translate the wishes of the law into reality. The law enforcement process will culminate in the implementation of laws and regulations by the law enforcement officers themselves. Law enforcement agents in the Indonesian public criminal justice system include: Police, Prosecutors, Judges, Lawyers, and Penitentiaries. Meanwhile, law enforcement agents in the Indonesian armed forces criminal justice system include: Military Judges, Military Prosecutors, Military Police, Military Defense Attorneys, and Military Penitentiaries. Elucidation of Article 57 of Law Number 31 of 1997 stipulates that the Military Prosecutor General in performing prosecution function shall be responsible to the Attorney General of the Republic of Indonesia as the highest public prosecution service in the State of the Republic of Indonesia through the Commander-in-Chief, while in performing duties to develop the Military Prosecution Service, shall be responsible to the Commander-in-Chief. Although the Law Number 31 of 1997 has governed the relationship between the Military Prosecutor General and the Attorney General in performing their duties in technical prosecution function, but in the practice, those duties have not been performed as mandated by a statutory law. Keyword: Law Enforcement in Prosecution Function

The Disputes of South China Sea From International Law Perspective Surya Wiranto; Hikmahanto Juwana; Sobar Sutisna; Kresno Buntoro
The Southeast Asia Law Journal Vol 1, No 1 (2015)
Publisher : Postgraduate of Jayabaya University

Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.

Flexibility Protection of Copyright in Indonesia Dijan Widijowati
The Southeast Asia Law Journal Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Information technology developments with various functions of application has become public needs on performing activities of daily life. Information technology development and duplication have a positive contribution to human civilization in modern times, but has given distortion of copyright protection in Indonesia. Establishment Copyright Act No. 28 of 2014 is expected to provide protection originators without extinguish of information technology. Normative juridical approach used in this research to described descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected with literature study to support the object assessment. The results showed that Copyright Act No. 28 of 2014, not be able to restrict application functions of user as protection for originators. Surveillance, prevention and control of information technology user and duplication should be done in an integrated manner with involvement of businesses and third parties who have the technological ability to control digital devices in the process of duplication.

The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal . Yuhelson; . Maryano
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors

Determining Criminal Actions in Corruption: The characteristics of Freies Ermessen Principles Dijan Widijowati
The Southeast Asia Law Journal Vol 2, No 1 (2016)
Publisher : Postgraduate of Jayabaya University

The government is required to solve the dynamics of the problem quickly and precisely by deciding a policy even though it has no legal framework (freies ermessen). The implementation of freies ermessen in practice is often used as the basis of alleged corruption by Corruption Eradication Commission (CEC/KPK). The method used in the assessment is the normative juridical approach with literature approach. The implementation of freies ermessen has the risk of success and failure that could harm the state, but Corruption Eradication Commission should be able to consider the failure of the policy is part of the business in freies ermessen. Keywords: Corruption Eradication Commission , criminal act, freies ermessen.

Tes2 Saputra, Dwi Fajar
The Southeast Asia Law Journal Vol 2, No 2 (2017)
Publisher : Postgraduate of Jayabaya University

Tes2

Tes1 Saputra, Dwi Fajar
The Southeast Asia Law Journal Vol 2, No 2 (2017)
Publisher : Postgraduate of Jayabaya University

Tes1

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