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SASI
Published by Universitas Pattimura
ISSN : 16930061     EISSN : 26142961     DOI : https://doi.org/10.47268/sasi
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ruang lingkup artikel yang terdapat dalam jurnal ini membahas berbagai topik di bidang Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi, Hukum Lingkungan, Hukum Adat, Hukum Islam dan bagian lain yang terkait dengan isu-isu kontemporer di bidang hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 438 Documents
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Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India Kusmayanti, Hazar; Judiasih, Sonny Dewi; Yuanitasari, Deviana; Rajamanicham, Ramalinggam
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.2044

Abstract

Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research:  In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
Legal Regulation and Health Risks: Analyzing “Tukang Gigi” in The Context of Service Accessibility Alfarizi, Mohammad Hanaan; Prasasti, Annisa Widya; Genovés, Manuel Beltrán
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.1932

Abstract

Introduction: Access to dental services is a challenge for lower to middle-income individuals. Tukang gigi, an alternative to dentists, offers more affordable oral health care. Governed by Ministry of Health Regulation No. 39 of 2014, tukang gigi's authority is limited to acrylic dentures. However, evidence shows unauthorized practices, posing health risks like misdiagnosis and complications. This not only jeopardizes patient health but also undermines the credibility of the dental health profession, eroding public trust.Purposes of the Research: The aim of the research is to find out the legality of dental practices that exceed their authority with a policy approach to the community's need for cheap access to healthMethods of the Research: The research employs a literature study method, specifically normative legal research, focusing on legal norms in laws and regulations. Following a systematic process of collecting, reading, recording, and analyzing library data, the study adopts a doctrinal legal research approach. The emphasis is on elaborating and explaining collected data related to the main research topics.Results of the Research: The current law limits tukang gigi to making and installing detachable dentures that meet health standards. However, tukang gigi often put braces, remove tartar, and color braces outside their allowed scope. Therefore, tukang gigi are not accountable for their activities, leaving consumers or service users vulnerable to malpractice. Despite benefiting from dental artisan work, consumers are ignorant of legal protections when these practitioners breach government rules. Tukang gigi often break the law owing to a lack of information or compliance, so they are at risk without legal protection. In contrast to Spain, where denturists cannot practice dentistry. Only dentists and dental technicians are legally recognized in Spain. This is because dentistry skill requires strict requirements. Dental professionals monitor actions closely to reduce misconduct. Dental care is affordable.
The Essence of the Teaching of Causality in Revealing Deaths Due to Premeditated Murder Budiyanto, Budiyanto; Pamolango, Valentino; Ringgi, Deppa
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.1904

Abstract

Introduction: This article analyzes the contribution of the doctrine of causality in uncovering deaths resulting from premeditated murder. The doctrine of causality is essentially very important and needed to determine a person's guilt for actions that cause consequences. It is appropriate for the defendant to be processed, prosecuted and sentenced to life imprisonment according to the level of guilt.Purposes of the Research: The aim of this research is to examine more specifically the importance of the doctrine of causality in uncovering someone's death as a result of premeditated murder in Jayapura City and the obstacles.Methods of the Research: The method chosen is normative legal research with an emphasis on secondary data. The statutory approach and case approach were chosen to study the application of the doctrine of causality. So that it can be known with certainty the determination of guilt and criminal responsibility. Primary legal materials and secondary legal materials are sources of data collection. Analysis of research results is carried out by providing criticism, support, comments, then a conclusion is made using a literature review.Results of the Research: The research results prove that in uncovering the case of the death of a victim of premeditated murder in Jayapura City, law enforcement officers chose a generalizing theory. In an effort to search for and find the relationship between the defendants' actions, the combined balance theory becomes the starting point for determining the defendant's guilt. The combined balance theory has the advantage that it can be used to calculate carefully and precisely. Both defendants were sentenced to life imprisonment for the crimes they committed. The obstacle is the difficulty of finding witnesses, evidence and other evidence.
Comparison of the Legal Regulation of Adultery as Social Control in Society: A Comparison Between Indonesia, Malaysia, Brunei Darussalam, and Turkey Lestiawati, Ida; Maisa, Maisa; Manan, Abdul
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.2049

Abstract

Introduction: Differences in adultery regulations in various countries in the world can be different, one of which is due to the ideology adopted by each country. Regulations related to adultery actually have relevance to state ideology and the values held and lived by society, including religious values.Purpose of the Research: This research aims to analyze and compare adultery regulations based on the values and ideology that apply in a country by comparing adultery regulations between Indonesia, Malaysia, Brunei Darussalam, and Turkey.Method of Research: This research is normative legal research by prioritizing historical, conceptual, legislative and comparative approaches.Results of Research: The results of the research confirm that the development of adultery regulations in Indonesia has not been substantively facilitated since it was regulated in the WvSNI and even passed into the Criminal Code in 1946. This is because what is regulated in the Criminal Code as an official translation of Dutch criminal law is only an overspel that if translated into Indonesian is closer to the act of infidelity and not adultery. The regulation of adultery in the new national criminal law is officially regulated in the New Criminal Code, especially in Article 411 of the New Criminal Code, which is actually in accordance with the meaning of the offense of adultery in accordance with the values and culture of Indonesian society. Differences in the regulation of adultery in each country, especially countries with a majority Muslim population. This is a necessity because differences in adultery regulations in each country depend on the ideology adopted by each country. However, in general, in societies where the majority are Muslim, adultery is classified as a disgraceful act that deserves criminal sanctions as applied in Indonesia, Malaysia and Brunei Darussalam, whereas Turkey, even though the majority of the population is Muslim, is based on a secularist view, only regulating adultery within the realm of law. private.
Comparison of Consumer Protection Laws Between Indonesia, the Philippines, and South Korea in Achieving Justice Dewi, Retno Sari; Dwiatmanto, Dwiatmanto; Surjanti, Surjanti
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.2048

Abstract

Introduction: Consumer protection is an important aspect as a global phenomenon and is practically implemented by various countries in the world.Purpose of the Research: This research aims to describe the development of consumer protection regulations in Indonesia and to compare consumer protection between Indonesia, the Philippines and South Korea in realizing justice.Method of Research: Normative legal research by prioritizing comparative, conceptual and statutory approaches.Results of Research: The development of consumer protection regulations in Indonesia after the passing of the consumer protection law has actually facilitated the existence of consumer rights which are applied proportionally to consumer obligations. Even so, the practice of developments over time and technology also actually requires changes to consumer protection laws. In efforts to realize justice for consumers by referring to the consumer protection arrangements carried out by the Philippines and South Korea, Indonesia needs to optimize effective and substantive consumer complaint procedures as in the Philippines, including also referring to consumer protection practices carried out by South Korea by providing integrated legal assistance. for consumers in the consumer dispute process, both legal assistance in the form of consultations and legal assistance services in the form of lawyers for consumers.
A Comparative Study of Fair Online Buying and Selling Regulations: A Legal Comparison Between Indonesia, Malaysia, and Singapore Rahman, Muhammad Sabir
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.2021

Abstract

Introduction: The practice of buying and selling online is part of the development of digitalization and technology. Regulation of fair online buying and selling practices by the state is important to protect the rights of the parties.Purpose of the Research: This research aims to analyze and compare online buying and selling arrangements implemented in Indonesia, Malaysia and Singapore.Method of Research: Normative legal research by prioritizing conceptual, statutory and conceptual approaches.Results of Research: Regulation of online buying and selling in Indonesia is viewed from the aspect of distributive justice because the practice of equal playing field, namely equalizing business actors from abroad and from within the country, has not been accompanied by empowerment efforts and special treatment for small, micro and medium businesses in Indonesia, despite its commutative justice aspect, has accommodated various efforts to protect sellers and buyers in online buying and selling transactions. Comparison of the legal regulations for online buying and selling between Indonesia and Malaysia and Singapore. In general, Malaysia and Singapore have provided special arrangements and appropriate and fast procedures regarding means of complaints and the process for complaints in online buying and selling transactions is carried out comprehensively to ensure that everyone or parties involved in online buying and selling transactions have their complaints heard and followed up. Therefore, Indonesia needs to improve regulations related to online buying and selling transactions, especially regarding optimizing complaint services as implemented in Malaysia and Singapore, which follow up on complaint services within a certain period of time and are processed to provide legal certainty and protection for the parties involved in the transaction. online buying and selling transactions.
The Meaning of Halal in The Food Industry in The Metaverse Era (A Comparison) Susanti, Dyah Ochtorina; Sari, Nuzulia Kumala; Adonara, Firman Floranta; Tektona, Rahmadi Indra; Driss, Bakhouya
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.1906

Abstract

Introduction: The background of this research is that there are still many food products that have not been halal certified, even though the government through the Halal Product Guarantee Agency (BPJPH) has provided convenience in registering halal products online with free assistance. Especially in this metaverse era, where technology has developed rapidly so that the use of digital technology should be able to encourage development through the halal industry.Purposes of the Research: The purpose of this study, firstly, is to know and understand the meaning of halal in both Islamic law and the Civil Code. Second, understanding the halal industry in the metaverse era in terms of the theory of utilitarianism and Maqashid Sharia.Methods of the Research: This study uses a normative juridical method with a legal-statutory approach and a conceptual approach.Results of the Research: The results of this study are: First, that halal in Islamic Law and the Civil Code have different contexts, but have a similar meaning, namely referring to something that is permitted and not prohibited by law. Second, the halal industry based on utilitarianism has utility value both for business actors who register their food products, as well as for the general public as consumers. Furthermore, based on Maqashid Sharia, halal food is included in the category of protecting the soul (nafs) and protecting the mind (aql).
Implementation of Islamic Law in an Integrated Service System Organized Electronically by the National Land Office Maysarah, Maysarah; Ananda, Faisar; Fuad, Phil Zainul
SASI Volume 30 Issue 1, March 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i1.2057

Abstract

Introduction: One of the important academic issues is in the form of a judge's decision in Case Number 811/Pdt.G/2020/PN.Medan, in the form of ratification of inherited objects. Its implementation is contrary to Article 24 paragraph (2) of the 1945 Constitution, The highest judicial power is exercised by the Supreme Court in UU no. 5 of 2004 concerning Amendments to Law Number 14 of 1985 concerning the Supreme Court, Law Number 5 of 2004, due to Pergub) Number 117 of 2019 as executor of Minister of Finance Regulation Number 32/PMK.03/2005 regulates profit sharing central and regional governments, Number 186/PMK/07/2010 and Number 53 of 2010 concerning the application of tax rates for the acquisition of land and building rights (BPHTB), as well as stipulating Regional Regulation (Pergub) Number 60 of 2021, not all of which can be processed as objects inheritance.Purposes of the Research:  To analyze the Legal Basis for the Electronic/Online Integrated Service System Organized by the National Land Agency of North Jakarta Administrative City based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of National Land Agency RI Number 5 of 2017 concerning Electronic/Online Land Information Services , regarding the implementation of the Regulation of the Minister (Permen) of Agrarian and Spatial Planning of the Head of the National Land Agency of the Republic of Indonesia Number 16 of 2017 as the legal basis for the electronic/online Integrated Service System organized by the North Jakarta Administrative City Land Agency.Methods of the Research: This research method is normative-empirical with a case approach, statutory approach and comparative approach. The theories used are the theory of legal certainty, the theory of justice and the maqashid syari'ah theory. Primary data used are interviews, documentation and observation, secondary data is the Koran Hadith, laws, books and journals.Results of the Research: The results of the research are based on a. The legal basis for the Integrated Electronic/Online Service System Organized by the North Jakarta Administrative City National Land Agency (BPN), b. Implementation of the Integrated Service System (SiPandu) at the North Jakarta Administrative City National Land Agency (BPN), c. Problems with the Implementation of the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), Views of the North Jakarta Administrative City Council of Indonesian Ulemas (MUI) on the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), very contrary to the rules governing Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems (SPBE), Ministerial Regulation (Permen) of Agrarian Affairs and Spatial Planning (ATR) of the Head of the National Land Agency of the Republic of Indonesia (KBPN) Number 16 of 20212 is an amendment to Regulation of the Minister (Permen) of the State for Agrarian Affairs/Head of Agency Government Regulation Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration2 implemented by Number 5 of 2017 and Law Number 25 of 2009 concerning Public Services, development planning and the settlement of land conflict problems in the regions at the end of 2025 has E-Certificates throughout Indonesia, not the implementation through SiPandu electronically/online is held by the Land Agency of North Jakarta Administrative City
Dynamics and Challenges of Democracy in Local Elections in Indonesia and the Netherlands Hargono, Hargono; Rustan, Ahmad; Jambak, Fachmi; Alba, La Ode; Rahman, Rofi Aulia
SASI Volume 30 Issue 1, March 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i1.2017

Abstract

Introduction: Elections for regional heads and heads of government are one of the important aspects in building a democratic system that encourages citizen participation in the political process.Purposes of the Research:  This study aims to describe the dynamics and challenges of democracy associated with the implementation of regional elections in several countries. Local elections are a major test of a country's democratic health, and a variety of factors can affect the outcome and integrity of the process.Methods of the Research: This research is legal research using two legal approaches, namely the statute approach and the comparative approach.Results of the Research: The results showed that regional elections have complex dynamics and several significant challenges in the context of democracy. These dynamics include intense political competition, increased public participation, and changes in political communication through social media. While the challenges that need to be faced in regional elections include contests involving incumbents, fraud in elections, political money, voter participation, political polarization, and the integrity of organizers that occur in Indonesia and in the Netherlands. Thus, this study shows that regional elections are not only a political event, but also a test of the quality of a country's democracy. Concerted efforts to address these challenges will play a key role in maintaining and strengthening democratic systems that are healthy and responsive to people's needs.
Government's Law Strategy in Dealing With Global Recession Turmoil 2023 to Strengthen Society's Economy Mukidi, Mukidi; Purba, Nelvitia; Nurasiah, Nurasiah; Muhlizar, Muhlizar; Binti Seli, Noor Zainee
SASI Volume 30 Issue 1, March 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i1.1872

Abstract

Introduction: The threat of a global economic recession in 2023 has been a topic of discussion lately. Various forms of trade both domestically and abroad are predicted to experience a decline. Of the potential economic threats that can occur due to two factors, both external and internal.Purposes of the Research:  This study aims to analyze the Government’s law strategy in dealing with global recession turmoil 2023 to strengthen society’s economy in Indonesia.Methods of the Research: To analyze the problems in this article, the author uses empirical legal research types and then analyzes them with descriptive-analytic methods and uses a statutory approach related to the case approach as well as a philosophical, sociological approach. and juridical.Results of the Research: Facing these alarming global conditions, the Government of Indonesia has taken concrete steps, including by issuing Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation (Perpu Cipta Kerja), which was promulgated on December 30, 2022, LN. 2022/No.238, TLN No.6841. The Job Creation Perpu contains content material that is loaded with the interests of the Indonesian state and people and in optimizing public services there is no violation of the law or the constitution, for the steps taken by the President. Our legal system has also regulated further procedures after the Perpu is promulgated, through the legal mechanisms and procedures that apply in parliament. It is time for us to see phenomena based on real facts and data clearly, based on academic logic. Not just an analysis without facts and different origins.

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