SASI
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<![CDATA[Fulfillment of The Civil Rights of Prisoners Concerning Legal Cases Relating To Divorce ]]>
<![CDATA[Agustini, Shenti]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1182
<![CDATA[Introduction: One type of human rights is civil rights. Correctional institutions are places to build relationships with civil rights concerns. However, in practice, when dealing with divorce cases, they cannot attend the divorce party and are not given a verstek decision. Purposes of the Research: The purpose of this study is to analyze the implementation of Law No. 12 of 1995 concerning Corrections.Methods of the Research: The research method is normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is 1945 Constitution, Law Number 1 of 1974 concerning marriage, Law Number 12 of 1995 concerning Corrections and the theoretical basis used is theory of legal objectives according to Gustav Radbruch.Results of the Research: Based on the results of the study, the law on corrections has not yet achieved its legal objectives. This is due to the weak structure, substance and culture of prisons. This causes whether or not the civil rights are fulfilled. Therefore, it is necessary to revise the correctional law by taking into account civil rights when dealing with divorce cases.]]>
<![CDATA[Urgency of Indonesia’s Emergency Regulation According To Perspective Emergency Constitusional Law In Face Pandemic ]]>
<![CDATA[Masriyani, Masriyani]]>;
<![CDATA[Nazifah, Nazifah]]>;
<![CDATA[Badri, Muhammad]]>;
<![CDATA[Siregar, Nella Octaviany]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1180
<![CDATA[Introduction: Legislation in Indonesia has provided a place for regulation in emergency situations, both at the constitutional and statutory levels. There are inconsistencies, both conceptually and practically in the use of the emergency clause in emergency regulations. Through this paper, the author would like to emphasize need for projection of revamping the laws and regulations related to emergency situation in Indonesia.Purposes of the Research: This study aims to analyze Indonesia’s emergency regulation according to perspective of emergency contitutional law of in the face of a Pandemic. Emergency situations they are Emergency State Law regime Article 12 of the 1945 Constitution, the use of Article 22 of the 1945 Constitution of the Republic of Indonesia, and the meaning of other emergencies in accordance with law.Methods of the Research: The research methodology used is normative juridical by approaching the laws and regulations (Statute Approach) and conceptual approach. From the approach to legislation, it aims to find out the rules related to emergency regulations. The legal materials were collected by means of a literature study, then the legal materials were analyzed in a qualitative juridical manner.Results of the Research: Results of his research, emergency option based on constitution which is represented by the phrase state of emergency in Article 12 of the 1945 Constitution gives great powers to emergency authorities, can deviate from democratic procedures in constitution and violate human rights, except for non-derogable rights. Activation of state of danger also results in lack of political and legal oversight.]]>
<![CDATA[Doctor's Responsibility For Actions of Delaying And Termination of Life Support of Terminal Patients During The Covid-19 Pandemi ]]>
<![CDATA[Kusumaningrum, Anggraeni Endah]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1167
<![CDATA[Introduction: Medical action is a doctor's action toward a patient which includes preventive, diagnostic, curative, or rehabilitative measures. The medical action certainly brings legal consequences, so a doctor is legally responsible for the medical actions he takes, including the act of delaying and terminating life support.Purposes of the Research: This study aims to examine and analyze the responsibility of doctors for the act of delaying and terminating life support for terminal patients during the COVID-19 pandemic, as well as the obstacles and solutions.Methods of the Research: This research approach is normative juridical with secondary data as the main data obtained through literature study and will be analyzed qualitatively.Results of the Research: This study found that doctors who are negligent and guilty when performing acts of delaying and discontinuing life support can be prosecuted for criminal, civil, administrative and professional ethical responsibility. The enactment of a ministerial-level regulation that regulates this action provides legal protection for doctors, where there is a change in the way of making decisions on medical actions so that the doctor's legal responsibility turns into a collective or corporate responsibility. However, the implementation of the regulation still has various shortcomings, so legal protection for doctors is not optimal.]]>
<![CDATA[The International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation ]]>
<![CDATA[Sulbadana, Sulbadana]]>;
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Tampubolon, Hatta Roma]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1160
<![CDATA[Introduction: Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) have the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state.Purposes of the Research: Review and analyze international law relating to the welfare of Indigenous Peoples in the Omnibus Law on Job Creation.Methods of the Research: Its legal position in the Job Creation Law which has the character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach.Results of the Research: The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories.]]>
<![CDATA[The Needs For Public Services Relating To The Legalization of Public Documents In Education ]]>
<![CDATA[Tan, Winsherly]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1151
<![CDATA[Introduction: Legalization is legalizing a signature as proof that the document made by the parties was indeed signed by the parties.Purposes of the Research: Indonesia already has regulations in providing good public services, namely Law No. 25 of 2009 concerning Public Services. Indonesia has ratified the Apostille Convention. The aim of this study are to analyze public services in terms of legalizing public documents in Indonesia through Apostille and to analyze the need for legalization of public documents in education through Apostille.Methods of the Research: The research method used is the normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is Law No. 25 of 2009, Presidential Regulation No. 2 of 2021, Government Regulation of the Republic of Indonesia No. 96 of 2012 and the theoretical basis used is the Legal Benefit Theory by Jeremy Bentham.Results of the Research: The implementation of public services for the legalization of public documents through Apostille has met excellent service standards. The need for public document services in the field of education is also very much needed, especially with the implementation of the Merdeka Belajar Kampus Merdeka (MBKM) program. This shows the increasing need for public document legalization services in the education sector.]]>
<![CDATA[Building The Strengthening of Environmental Protection and Management In The Industrial Revolution-Era 4.0 ]]>
<![CDATA[Gunawan, Adi]]>;
<![CDATA[Nadir, Nadir]]>;
<![CDATA[Fatkhurohman, Fatkhurohman]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1145
<![CDATA[Introduction: Environmental protection is no longer negotiable, in Indonesia and internationally the destruction of the environment due to mining and deforestation has reached an alarming threshold and threatens the lives of future generations. The actions that have been taken and the existence of institutions / organizations in the field of environment are not able to make a maximum contribution to environmental protection.Purposes of the Research: The purpose of this research is to find a concept of strengthening environmental protection that is more effective and efficient and can be applied in preventing massive environmental damage both on a national and international scale and efforts to rehabilitate environmental damage that can be carried out by local communities with government support in the future, especially in the era of the industrial revolution 4.0.Methods of the Research: This research is a qualitative research that examines legal policies (normative legal research) related to the environment. The data used is secondary data in the form of literature from the opinions of experts as well as the results of previous studies relevant to the topic of the problem. The collected data is grouped according to the stages and systematics of research and the flow of discussion then analyzed by providing explanations that are strengthened by theories from legal experts, especially in the environmental field.Results of the Research: Strengthening environmental protection and management in the industrial era 4.0 can be done in two ways, namely: (1) strengthening the role of the community initiated and fully supported by the government by making the community a partner in environmental management (2) Institutional strengthening in environmental protection and management, namely by making customary / community institutions as one of the main elements in policies related to the environment.]]>
<![CDATA[Pre-Trial As Investigation Process Control System ]]>
<![CDATA[Bauw, Lily]]>;
<![CDATA[Silambi, Erni Dwita]]>;
<![CDATA[Kama, Ibrahim]]>;
<![CDATA[Ismail, Nurwita]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1077
<![CDATA[Introduction: Pretrial is the initial thought to carry out supervisory actions against law enforcement officials so that in carrying out or carrying out their duties there is no abuse of authority.Purposes of the Research: To review and analyze Pre-Trial As Investigation Process Control System.Methods of the Research: The research method used in this study is Empirical Juridical law research with the reason that the author wants to examine norms related to pretrial and seek information directly about the implementation of pretrial at the Merauke Merauke Police.Results of the Research: Pretrial is a form of control both from superiors (Vertical) as well as from fellow law enforcers or third parties, namely the attorneys of suspects, suspects and their families (Horizontal) to see that the arrest, detention and determination of suspects are in accordance with applicable rules and pretrial. must have rules regarding inspection techniques so that there is uniformity. ]]>
<![CDATA[Loss of Advocate Immunity Due To Obstruction Of Justice Based On Criminal Provisions ]]>
<![CDATA[Gayo, Sabela]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1071
<![CDATA[Introduction: The enforceability of Article 16 and the Constitutional Court decision number 26/PUU-XI/2013 does not necessarily exempt advocates from alleged intervention in the enforcement process in carrying out their profession to defend clients, but that right can be lost said the lawyer committed a criminal act of Obstruction of Justice.Purposes of the Research: The purpose of this study is to explain the right of attorney immunity can be lost when committing a criminal act of Obstruction of Justice.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: Advocates in terms of exercising their profession require immunity rights, but the use of immunity rights has definitive conditions that must be considered as stipulated in Article 16 of law no. 18 of 2003. The act of an advocate should be suspected of committing a criminal act of obstruction of justice if the act is not related to his professional duties and is not based on good faith. The action taken by The Advocate in relation to his professional duties has the meaning that the action is carried out for the benefit of the client's defense. Good faith referred to in Article 16 is to carry out professional duties for the sake of establishing justice based on the law to defend the interests of its clients.]]>
<![CDATA[Cyber Crime E-Commerce Business Transactions ]]>
<![CDATA[Lubis, Fauziah]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1068
<![CDATA[Introduction: Law enforcement and protection for cyber cases is focused on consumers as victims of digital crimes where consumers are generally harmed when conducting business transactions digitally. Where the focus of this paper discusses the legal protection of victims of cybercrime victims when transacting business.Purposes of the Research: The purpose of this study is to explain the concept of cybercrime in financial transactions.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: Cyber crime is currently very growing in Indonesia, especially in the current era of digitalization. Where the law can protect from new crimes that live in the current kekininia period so that victims of cyber crime legally in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.]]>
<![CDATA[Crime Settlement of Khalwat in Aceh ]]>
<![CDATA[Syihab, Mahdi Abdullah]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1065
<![CDATA[Introduction: Khalwat (Seclusion) is a despicable act that violates Islamic law because it leads to adultery. However, Qanun No. 6 of 2014 concerning Jinayat Law stipulates that the settlement of khalwat must go first through the Customary Court so that the punishment applied is not Islamic law punishment, such as ta`zir, but customary punishment.Purposes of the Research: This study aims to analyze the mechanism for resolving the crime of seclusion in Aceh.Methods of the Research: This is normative/doctrinal research using a statutory approach and a comparative approach.Results of the Research: Khalwat is a crime (jarimah) that violates Islamic law and it is categorized into jarimah ta`zir. Settlement of jarimah seclusion can be carried out by litigation through the Syar'iyah Court and the settlement goes to customary courts. However, Article 24 of Qanun Number 6 of 2014 concerning Jinayat Law, stipulates that the settlement of criminal acts of seclusion must first be through customary courts. The settlement mechanism for khalwat is first resolved through customary courts using a deliberation-consensus approach like village meetings, it is usually called Gampong Customary Meetings (RAG) by executing customary punishments such as penalties of paying fines, feasting, bathing, and the khalwat couple is forced to get married. The consideration of implementing customary punishment is to solve the case more effectively and efficiently and in return can raise the level of trust and community compliance.]]>
