SASI
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.
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<![CDATA[The Omnibus Law Concept in the Job Creation Law and the Legal Consequences for Limited Liability Companies ]]>
<![CDATA[Dewinagara, Trisya Benazir]]>;
<![CDATA[Handayani, I Gusti Ayu Ketut Rachmi]]>;
<![CDATA[Purwadi, Hari]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.963
<![CDATA[Introduction: The concept of Omnibus Law is intended as a means to resolve conflicting norms between laws and regulations so that inconsistencies do not occur.Purposes of the Research: The study aimed to evaluate the concept of the Omnibus Law against the Job Creation Law (Undang-Undang Cipta Kerja) with a more specific focus on Limited Liability Company Regulations.Methods of the Research: Normative legal research (doctrinal study) on policies with a Conceptual Approached and Legislation (normative-juridical).Results of the Research: That many sectors of law grouped into the Omnibus Law, which was prone to causing inconsistencies, Lack of clarity in rules resulted in a lack of legal certainty, especially for Limited Liability Companies; the emergence of inconsistencies in the Job Creation Law against the UUPT due to a new concept regarding SMEs Limited Liability Companies or individual Limited Liability Companies which has legal consequences, the emergence of responsibility for piercing the corporate veil because there is only one shareholder; the absence of the role of a notary and an authentic deed of establishment; changed and dissolution of the RUPS SMEs Limited Liability Companies through an electronic statement letter will cause a lack of legal validity of the Limited Liability Company; absence of a minimum capital requirement could lead to vulnerabilities in providing third party payment guarantees; moreover, setting limits for the establishment of the founders of the SMEs company may only be once a year, creating the risk of branching creditors; and provide an opportunity of creating Limited Liability Companies to seek profits every year, based on a limited liability concept. ]]>
<![CDATA[Punishment Weighting for Criminal Acts of Corruption in Indonesia ]]>
<![CDATA[Syihab, Mahdi Abdullah]]>;
<![CDATA[Hatta, Muhammad]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.955
<![CDATA[Introduction: Corruption in Indonesia is categorized as an extraordinary crime where an extraordinary measure is needed to give a deterrent effect to the perpetrators.Purposes of the Research: This study aims at analyzing the various penalties contained in the corruption eradication law as a weight in an effort to reduce the number of corruption in Indonesia.Methods of the Research: This type of research is legalistic, doctrinal or normative. The approach used in normative or legalistic research include a concept approach, a statute approach, historical approach, case approach, and comparative approach. However, this study only uses legal approach since it analyzes the severity of punishment for perpetrators of criminal acts of corruption in Indonesia. The provisions used in this research are Law no. 31 of 1999 jo. Law No. 20 of 2001 concerning the Eradication of Criminal Acts of Corruption and other related laws.Results of the Research: The punishments applied in the law range from imprisonment, additional punishment to the death penalty. In addition, the punishment applied in this provision is in the form of punishment for revocation of political rights, dismissal, and impoverishment. Therefore, the Corruption Eradication Commission does not only use the Corruption Eradication Law in applying these punishments, but also Law no.8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering.]]>
<![CDATA[Legal Analysis of Cartoon Film Copyright Violations in Free Movie Streaming Services ]]>
<![CDATA[Gelora, Rifqi Ananda]]>;
<![CDATA[Parmitasari, Indah]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.954
<![CDATA[Introduction: The bad impact of free movie streaming services is the Author or Copyright Holder does not get royalties for the use of his or her creation as well as moral rights because the name of the Author on the film streaming services is not included as something attached to the Work.Purposes of the Research: The purpose of this study is to figure out whether or not the publication of cinematographic works in the form of cartoons on free movie streaming services is an unlawful act. This study also aims to investigate the efforts to prevent copyright infringement of cartoon films distributed by other parties in free movie streaming services.Methods of the Research: The research method used is normative legal research with a statute legal approach.Results of the Research: The result of this study includes 2 (two) things. This study found that the publication of cartoons in free movie streaming services is an act against the law because it violates Copyright Law which causes harm to the Author or Copyright Holder. Moreover, the results of this study also explain the various efforts to prevent copyright infringement on cartoon films distributed by other parties in free movie streaming services.]]>
<![CDATA[Simultaneous Election of Head of Custom Village ]]>
<![CDATA[Bakarbessy, Andress Deny]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.901
<![CDATA[Introduction: The study in this paper is to analyze the involvement of custom villages in simultaneous village head elections.Purposes of the Research: to study and analyze whether custom village head elections can be carried out in conjunction with holding village head elections simultaneously.Methods of the Research: The research method used is normative research with a statutory approach and a conceptual approach.Results of the Research: The results show that simultaneous village head elections in villages and custom villages in SBB Regency can be carried out together. Where, the election process is carried out for villages based on the provisions of the Minister of Home Affairs regulation regarding village head elections, while the appointment of the head of the customary village government can be done if the candidate provided by the clan who has the right to govern is 1 (one) person, while the candidate for the head of the customary village government is more than 1 (one) there are candidates, then elections can be carried out while prioritizing the candidate for the head of government who has the right to govern based on customary rights or rights of origin.]]>
<![CDATA[Reconstruction of Utilization Arrangements for the State Assets in the Form of Land to Increase Non-Tax State Revenue ]]>
<![CDATA[Sitindaon, Iwan Victor Leonardo]]>;
<![CDATA[Febrian, Febrian]]>;
<![CDATA[Ridwan, Ridwan]]>;
<![CDATA[Rumesten, Iza]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.938
<![CDATA[Introduction: Article 33 of the 1945 Constitution of Republic Indonesia mandates the urgency of optimizing the management of state assets, whether in the management of controlled state assets, owned state assets, or separated state assets for improving the maximum benefit of the prosperity of the folk to create a prosperous state (welfare state). One form of owned state wealth is referred to as State Property/Assets (hereinafter abbreviated as BMN).Purposes of the Research: The author is interested in writing this article because there are still many BMN that are indicated to be vacant, neglected, and not used optimally, whereas this optimization of BMN is able to make a positive contribution to PNBP. This thing must be supported by strict and definite regulations about the management and utilization of BMN.Methods of the Research: The research methodology used in this study is legal research with a normative juridical study using a statutory approach and this theoretical concept uses several legal materials to support the data and theory.Results of the Research: The utilization of BMN in the form of land has not been optimal due to: the approval of the utilization of BMN by the Property Manager is not immediately followed up with a utilization agreement by a third party on the grounds that the utilization rate is still high; there is no regulation that regulates the objections of the fair value of BMN that will be utilized; the application of sanctions is not firm and there are articles on the management and utilization of BMN which are vague (vage normen). ]]>
<![CDATA[Punishment of Illegal Fishing Perpetrators in Indonesia in the Perspective of Equality before the Law ]]>
<![CDATA[Marimin, Marimin]]>;
<![CDATA[Setyawan, Lazarus Tri]]>;
<![CDATA[Sularto, RB.]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.971
<![CDATA[Introduction: Equality before the law is one of the important principles in the enforcement of criminal law in Indonesia, so it is important to pay attention to it. The punishment of illegal fishing perpetrators in ZEEI is not on the principle of equality before the law. Although the Fisheries Law adopted the 1982 UNCLOS, UNCLOS itself did not state the prohibition on the application of confinement instead of fines. Therefore, the application of fines for illegal fishing in ZEEI does not conflict with the 1982 Fisheries Law and UNCLOS. The fines of imprisonment are also applied to foreign nationals to ensure that the fines paid will be paid.Purposes of the Research: This study aims to analyze and explain the concept of equality before the law in criminal law enforcement and whether the punishment of illegal fishing perpetrators in Indonesia is following the principle of equality before the law, especially related to the application of confinement instead of fines for Indonesian citizens and foreign nationals.Methods of the Research: This research belongs to the type of normative legal research with a legal and conceptual approach. The research material used is secondary data derived from primary, secondary, and tertiary legal materials. The research materials were collected using a literature study and then analyzed qualitatively and then conclusions were drawn using the deductive method.Results of the Research: Equality before the law is one of the important principles in the enforcement of criminal law in Indonesia, so it is important to pay attention to it. The punishment of illegal fishing perpetrators is not by the principle of equality before the law. Although the Fisheries Law adopted the 1982 UNCLOS, UNCLOS itself did not emphasize the prohibition on the application of confinement instead of fines. Therefore, the application of confinement in lieu of fines for perpetrators of illegal fishing in the ZEEI does not conflict with the 1982 Fisheries Law and UNCLOS. The penalty of confinement instead of an important fine is also applied to foreign nationals to ensure that the fines imposed will be paid.]]>
<![CDATA[The Effectiveness of Legal Policies on Micro and Small Business Empowerment in Pandemic Time ]]>
<![CDATA[Ilyas, Muhammad]]>;
<![CDATA[Ramadani, Rizki]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.937
<![CDATA[Introduction: MSMEs made a significant contribution to the Indonesian economy at the beginning of 2018. However, since COVID-19 has become a global pandemic, micro, small, and medium-sized enterprises (MSMEs) have been heavily impacted, due to a series of social restriction policies enacted by the government. In order to resolve issues, the government must assist and empower the MSME sector so that it can survive the pandemic. However, not many studies have been carried out regarding the extent to which empowerment policies by local governments have been effective in the field. Purposes of the Research: This study aims to determine the effectiveness of the legal policies in empowering the micro and small enterprises (MSEs) during the pandemic based on the case of Gowa Regency, South Sulawesi.Methods of the Research: This is an empirical normative legal research that uses primary and secondary data with descriptive and qualitative analysis.Results of the Research: The results show that the empowerment policy in South Sulawesi has been regulated in Provincial Regulation Number 7 of 2019 concerning Cooperatives and Small Enterprises, where there are ten forms of facilitating MSE empowerment. Even though it has established the Cooperatives and MSMEs Office, the Gowa Regency Government does not yet issue spesific regulations on the empowerment of MSEs. Based on field data analysis, it was found that several forms of empowerment facilitation had been received by the respondents but were not evenly distributed. Empowerment received mostly focused on capital facilitation, while ignoring other form of facilitations. Thus, the existing policies have not been implemented effectively. This is influenced by several factors such as legal substance that do not provide legal certainty; legal structure factors, including the lack of apparatus and supporting facilities; and cultural factors, such as pragmatic behavior and low awareness of MSE actors.]]>
<![CDATA[Children's Rights In The Context Of Child Marriage In Gorontalo Province ]]>
<![CDATA[Lahaling, Hijrah]]>;
<![CDATA[Lasori, Siti Alfisyahrin]]>;
<![CDATA[Makkulawuzar, Kindom]]>;
<![CDATA[Yunus, Yudin]]>;
<![CDATA[Salam, Safrin]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.887
<![CDATA[Introduction: The practice of child marriage is quite common and is rife in Gorontalo Province. From 2019 to 2021, there were 1,383 data on applicants for child marriage dispensation at the Religious Courts of the Gorontalo Province Regency/City.Purposes of the Research: To complement the shortcomings of previous studies that did not pay attention to legal protection against neglect of children's rights in line with the increasing age of child marriage in terms of the perspective of children's rights.Methods of the Research: This study uses empirical legal research using a statutory approach, a case approach, and a conceptual approach. sources of data using primary and secondary data. Data collection techniques using literature review techniques and interviews Data analysis uses qualitative data analysis, which is analyzed theoretically to obtain prescriptive legal solutions. Results of the Research: The neglect of children's rights in cases of child marriage is more due to the unavailability of legal protection that guarantees the fulfillment of children's human rights and the legitimacy aspect of customs, culture, and traditions regarding social status in society]]>
<![CDATA[Measuring the State Losses in Corruption Cases at the Village Credit Institutions in Bali ]]>
<![CDATA[Widia, I Ketut]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.837
<![CDATA[Introduction: Until the end of 2021, the legal issue having been an actual trending topic and hot issue which attracts the attention of scholars and researchers, is the phenomenon of the emergence of criminal acts of corruption committed in congregation by the management of the Village Credit Institution in Bali. Generally, the resolution of these cases is carried out in a traditional manner with the spirit of local wisdom and kinship through the Paruman Krama of Traditional Villages to attain an agreement or consensus. The prosecutor’s office, however, enters into this customary realm, then participates in conducting preliminary investigations and investigations. The involvement of prosecutor is only on the basis of a document issued in 1988 regarding the Bali Governor’s Assistance amounting to two million rupiah as the initial capital for the establishment of the Village Credit Institution. Purposes of the Research: The present study aims at identifying whether or not the results of the regency inspectorate’s audit can be used as a basis for prosecuting suspects in the cases of abuse of Village Credit Institution finance as well as alternative solutions that necessarily need to be taken to resolve the cases. Methods of the Research: The first problem is examined using the Theory of Penalty and the second one is examined using the Theory of the Welfare State Law. The research method used is a mixed legal research method. Data are presented using a systematic description technique. Results of the Research: The solution that is expected is this study sheds light on whether or not the results of the regency inspectorate’s audit can be used as a basis for prosecuting suspects in cases of abuse of the Village Credit Institution finance, what factors are the causes of the liquidity crisis and wether the present study results can be applied as an alternative solution that should be taken in resolving cases at the regency level. The target to be achieved in the research is publication on the electronic media Bali TV in the regional seminar on “Menghitung Kerugian Negara dalam Kasus Korupsi Pada Lembaga Perkreditan Desa di Bali”. The expected output from the study is the results will be published in the Sinta I indexed journal.]]>
<![CDATA[Legal Protection for Soybean Farmers in Cooperation Based on the Muzara'ah Akad with the Murabahah System ]]>
<![CDATA[Susanti, Dyah Ochtorina]]>;
<![CDATA[Efendi, A’an]]>;
<![CDATA[Sari, Nuzulia Kumala]]>
<![CDATA[ SASI Volume 28 Issue 2, June 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i2.765
<![CDATA[Introduction: During the pandemic Covid-19, the global soybean market experienced a shock which resulted in the availability of imported soybeans in several countries decreasing and soybean prices increasing. This also has an impact on small and medium industries that cannot afford soybeans for their processed food raw materials, one of which is the production of “tempe”. Purposes of the Research: The purpose of this study is to explain the concept of cooperation to provide legal protection to soybean farmers based on a muzara'ah akad with a murabahah system. 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 result of this study include 2 (two) things, namely the concept of cooperation and the form of legal protection. The concept of cooperation consists of: The first scheme, cooperation between the government (Pemda) with soybean farmers and Islamic banks. The second scheme is the cooperation of Islamic banks with soybean farmers using a murabahah akad. The third scheme, namely cooperation between soybean farmers and cultivator using muzara’ah akad. In connection with the form of legal protection, it is divided into 2 (two) namely: first, external legal protection regulated in Law Number 19 of 2013 concerning Protection and Empowerment of Farmers, which was later changed to Law no. 11 of 2020 concerning Job Creation, and second, internal legal protection, namely 3 (three) concepts of cooperation as outlined in a written agreement as a form of guarantee of legal certainty for the parties, especially for soybean farmers.]]>
