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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 16 Documents
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Search results for , issue "Volume 28 Issue 4, December 2022" : 16 Documents clear
Bhinneka Tunggal Ika: Its Norming and Actualization in Democracy in Indonesia Riyanto, Slamet; Febrian, Febrian; Zanibar, Zen
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1058

Abstract

Introduction: Indonesia is a democratic country that has diversity where the people consist of various ethnicities or ethnic groups, races, cultures and languages, as well as religious diversity and political ideologies. Bhinneka Tunggal Ika is the right motto for the Indonesian people who have diversity but want unity. Therefore, it is necessary to normalize Bhinneka Tunggal Ika and actualize it in the implementation of democracy.Purposes of the Research: Analyze and study in depth, as well as find and build legal arguments about how the norming of Bhinneka Tunggal Ika should be in laws and regulations, and how the actualization of the motto of Bhinneka Tunggal Ika should be in the implementation of democracy in Indonesia. Furthermore, it can provide appropriate recommendations to related parties.Methods of the Research: This normative legal research uses research sources in the form of legal sources and literature studies. The approaches used are: statute approach, conceptual approach, historical approach, comparative approach and futuristic approach. Drawing conclusions in this study by building legal arguments to answer legal issues that have been formulated as research objects.Results of the Research: The results of the discussion are as follows: 1) The standardization of the motto Bhinneka Tunggal Ika is in the 1945 Constitution of the Republic of Indonesia in Article 36A and in Law Number 24 Year 2009, where the regulation becomes a single entity in the State Emblem. 2) Bhinneka Tunggal Ika should be a guideline for the life of the state, and be actualized in democracy through political consensus and deliberation which are the hallmarks of Indonesian democracy.
The Problems of Fulfilling the Rights of Victims of Obscene Crimes Agustanti, Rosalia Dika; Wahyuningsih, Yuliana Yuli; Lewoleba, Kayus Kayowuan
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1044

Abstract

Introduction: Perpetrators of obscene acts have carried out various criminal acts. Obscene acts are included in sexual violence that results in physical and psychological suffering.Purposes of the Research: This study aims to analyze the fulfillment of the rights of victims of obscene acts, whether it is appropriate or not. This is based on the phenomenon of indecent acts; the more extended the number of victims increases.Methods of the Research: This study uses a normative juridical method with a statute and case approach.Results of the Research: The results of the study indicate that the rights of victims of obscene acts have been regulated and guaranteed in the 1945 Constitution of the Republic of Indonesia, the Law on Human Rights, the Law for the Protection of Witnesses and Victims and the Act on the Crime of Sexual Violence. However, the problem is in the fulfillment of these rights, even though constitutionally, the duties and obligations of fulfilling the rights of victims are borne by the State, which in this case is in the components of the Criminal Justice System, the Ministry of Law and Human Rights, the Ministry of Women's Empowerment and Child Protection, The National Commission on Human Rights, the National Commission on Violence Against Women and the Witness and Victim Protection Agency. The importance of supervision and compliance with the application of rights in everyday life will determine how successful the State is in carrying out its obligations in fulfilling the requests of victims. So it is essential to cooperate between Ministries, Institutions, National Commissions, and law enforcement officials to realize the fulfillment of the rights of victims of criminal acts of obscenity. 
The Ultimate Remedium Principle in the Strategy of Returning and Recovering Corruption Crimes Firdaus, Aras; Harve, Renhard; Simbolon, Bona Fernandez Martogitua
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1039

Abstract

Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits.  So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.
Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP Gunawan, Teng Junaidi
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1038

Abstract

Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.
Implementation of the Legal Value of Bhinci-Bhinciki Coolies of The Sultanate of Buton in The Maintenance of Government Faharudin, Faharudin
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1024

Abstract

Introduction: Recognition of the existence of customary law in Indonesia has existed since the time of the independence of the Republic of Indonesia, which until now has been formally recognized by amendments to the 1945 Constitution of the Republic of Indonesia. This is expressly regulated in Article 18B paragraph (1 ) and paragraph (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: To find out how far the Implementation of Constitutional Law Values of the Dignity of the Seven Buton Sultanates in the Implementation of Government.Methods of the Research: This type of research uses an empirical juridical type, with historical, conceptual and statutory approaches. Data is a collection of information needed in the implementation of a research that comes from various sources. Data obtained from the field both primary and secondary data were analyzed using qualitative analysis techniques, then presented in a descriptive form.Results of the Research: The legal values of Bhinci-bhinciki Coolies in the Baubau City Government include a culture of shame (pomae-maeaka), meaning that they are ashamed to do disgraceful things such as KKN, a culture of caring for each other (popia-piara), a culture of mutual love (poma-maasiaka), and culture of mutual respect (poangka-angkataka), so as to create a harmonious, safe, peaceful and peaceful atmosphere. Teachers value their students, parents love their children, and leaders value their subordinates. Subordinates who excel are given gifts/rewards such as salary increases and regular attention to promotion. Conversely, subordinates who violate are given sanctions/punishment.
The Corporate Crime as The Power of Crime in The Economic Justification Budianto, Agus
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.890

Abstract

Introduction: A corporation with strong capital support from its company, with its core business seeking as much profit as possible, is very vulnerable to carrying out activities that violate the law even though economically or financially these activities are correct.Purposes of the Research: The purpose is to find a wedge, where the location of economic activities that violate the law is interpreted as violating the law, because economic or financial crimes are closely related to legal reasoning.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: The analysis show that the business expansion activities carried out by PT Jiwasraya are business activities that are justified by the economy or finance. However, because one of these activities involves state finances, it fulfills one of the elements of a criminal act of corruption. Activities that are justified in business are still getting attention by law because the nature of the crime is corporate crime, namely corporate crime which is carried out solely for the benefit of the corporation. Corporate crime will have the power to suppress society, so that the culture of the community will in some ways change and will indirectly threaten the concept of the rule of law in Indonesia.

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