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[Existence of Performing Rights: An Analysis of Implications and Orientations for Café Singers ]]>
<![CDATA[Prayogi, Akhwan]]>;
<![CDATA[Kurniawan, I Gede Agus]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1529
<![CDATA[Introduction: Performing rights are rights attached to copyright as an integral part of the creation of a work. In the context of copyrights to songs or music, performing rights relate to the need to pay royalties to songwriters or music for attempts to use songs or music commercially.Purposes of the Research: Implications of performing rights for café singers to continue paying royalties based on statutory regulations and how the performing rights orientation for café singers is ideal in ensuring justice for songwriters or music as well as for café singers.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: The implications of performing rights for café singers to continue paying royalties based on statutory regulations, namely that there is no legal certainty for café singers because there is no specific regulation governing them. The performing rights orientation for café singers is ideal in ensuring justice, namely by excluding royalty payments for café singers because the commercialization impact received by café singers is not large and only sufficient to make ends meet.]]>
<![CDATA[Establishment of The Law On The Seizure of Assets Resulting From Money Laundering Based On Fair Law Enforcement In Indonesia ]]>
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Hasibuan, Edi Saputra]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1504
<![CDATA[Introduction: The realization of Parliament's desire to support asset seizure efforts, currently there is a discourse to regulate the seizure of assets resulting from criminal offenses in a separate law. The proposal to form a law on the expropriation of assets resulting from criminal acts is seen in the agreement to include a draft law on the expropriation of assets resulting from criminal acts in the National Legislation 2009-2014.Purposes of the Research: The purpose of this study is to explain the paradigm that the importance of the establishment of asset seizure laws in money laundering.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 urgency of establishing a special asset seizure law for money laundering is an inadequate mechanism. Adequate mechanisms in asset seizure efforts are expected to use the mechanisms contained in the UNCAC so that asset seizure in Indonesia will run effectively.]]>
<![CDATA[Maritime Dispute Resolution With Mediation Techniques ]]>
<![CDATA[Gayo, Sabela]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1477
<![CDATA[Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.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: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution.]]>
<![CDATA[Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java ]]>
<![CDATA[Kusmayanti, Hazar]]>;
<![CDATA[Kania, Dede]]>;
<![CDATA[Sulastri, Dewi]]>;
<![CDATA[Suhartini, Endeh]]>;
<![CDATA[Rajamanickam, Ramalinggam]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1467
<![CDATA[Introduction: The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research: In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).]]>
<![CDATA[The Use of Artificial Intelligence in Dispute Resolution Through Arbitration: The Potential and Challenges ]]>
<![CDATA[Agus, Agus]]>;
<![CDATA[Sudirman, Sudirman]]>;
<![CDATA[Umar, Wahyudi]]>;
<![CDATA[Rustan, Ahmad]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1393
<![CDATA[Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies.]]>
<![CDATA[Legal Consequences of Making a Notary's Cover Note in the Implementation of Notary's Duties ]]>
<![CDATA[Lubis, Ikhsan]]>;
<![CDATA[Murwadji, Tarsisius]]>;
<![CDATA[Sunarmi, Sunarmi]]>;
<![CDATA[Sukarja, Detania]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1292
<![CDATA[Introduction: One of the legal goods provided by a notary is a cover note, which is a statement in the management of a deed or a notarial document stating that the deed is in progress and can be finished within the time set by the cover note.Purposes of the Research: A notary certificate is referred to as a cover note, as a substitute for the process of obtaining a certificate from a notary public, land title guarantees can be replaced temporarily depending on needs and developments. Notaries can make issue cover notes, which have legal consequences and make legal norms null and void. The legal basis for making and issuing cover notes is not yet known. This paper discusses two matters: What legal authority does a notary have to issue a cover note? What are the legal consequences of publishing a cover note by a notary? Methods of the Research: This is typical of legal writings that take a legal approach and examine legal concepts. In socio legal research, research begins with a hypothesis. After formulating the hypotheses, the hypotheses are tested. Data collection techniques in socio legal research are carried out through interviews, observation, questionnaires and document analysis.Results of the Research: However, notaries are allowed to issue and make cover notes because it is a form of agreement. This paper concludes that there is no legal basis for regulating cover notes. If the duties and authorities do not comply with the contents of the cover note, the law will result in a violation of Article 1366 of the Criminal Code.]]>
<![CDATA[The Essence of Legal Protection of Personal Data of Customers In Banking Transactions ]]>
<![CDATA[Haliwela, Nancy Silvana]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1528
<![CDATA[Introduction: Banks as an institution are not only required to protect customer funds but are also obliged to maintain the confidentiality of customer personal data.Purposes of the Research: This paper aims to examine the regulations governing the protection of customers' personal data and to examine the supervision and law enforcement of the protection of banking customers' personal data.Methods of the Research: This research uses normative legal research methods with a statutory approach, conceptual approach, and case approach. The statutory approach relates to legislation on personal data protection and banking. The conceptual approach relates to the concepts of banking and personal data protection. The case approach relates to cases of supervision and law enforcement of violations or crimes of personal data of banking customers.Results of the Research: The results show that regulations governing customer data protection are contained in various laws and regulations related to personal data protection and banking and other technical regulations. In addition, the study results also show that supervision of the protection of personal data of banking customers has been carried out by three institutions that have supervisory authority, namely Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. Law enforcement against violations and crimes against customers' personal data still faces challenges, because although there are many cases of crimes using customers' personal data, only a few can be enforced against crimes against customers' personal data.]]>
<![CDATA[The Future of National Security Law: Urgence and Ideas ]]>
<![CDATA[Kriswanto, Kriswanto]]>;
<![CDATA[Rizqi, Alda Rifada]]>;
<![CDATA[Huda, Muhammad Maftahul]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1509
<![CDATA[Introduction: Sishankamrata is Indonesia's defence and security system that optimizes all nation components to maintain its existence. Sishankamrata emphasizes the collaboration and participation of citizens and related institutions. However, there was a legal vacuum before the National Security Law was enactedPurposes of the Research: This study seeks to discuss and analyze the urgency of the formation of the National Security Law to make the implementation of Sishankamrata successful.Methods of the Research: This research is normative legal research with a statutory and conceptual approach. The legal materials in this study include the 1945 Constitution of the Republic of Indonesia and the law governing national defence as the primary legal material. Secondary legal materials include books, articles, and research results. Non-legal materials include all non-legal studies related to national defence.Results of the Research: The results of the study confirm that the legal vacuum of the National Security Law needs to be overcome with the immediate ratification of the Law by emphasizing the urgency of enacting the Law through political will between the President and the DPR. In the future formulation, the Law must be reviewed formally and materially, especially by involving community participation and substantively guaranteeing the rights of the community in Sishankamrata.]]>
<![CDATA[The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation ]]>
<![CDATA[Maisa, Maisa]]>;
<![CDATA[Akbar, Muhammad]]>;
<![CDATA[Samsuria, Samsuria]]>;
<![CDATA[Lestiawati, Ida]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1505
<![CDATA[Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications.Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications.Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions.Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples.]]>
<![CDATA[The Pluralism of Indonesian Criminal Law: Implications and Orientations in the Post-New Criminal Code ]]>
<![CDATA[Heliany, Ina]]>;
<![CDATA[Widowati, Widowati]]>;
<![CDATA[Sihotang, Muhenri]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1494
<![CDATA[Introduction: The ratification of the New Criminal Code actually has an orientation towards strengthening legal pluralism in the field of criminal law. This is evidenced by the adoption of customary criminal law as a recognized law in addition to national criminal law.Purposes of the Research: This study aims to analyze the implications of the formulation of Article 2 of the New Criminal Code concerning the practice of Indonesian criminal law pluralism and the future orientation of the formulation of Article 2 of the New Criminal Code to strengthen the pluralism of Indonesian criminal law.Methods of the Research: This research is a normative legal research that uses a concept and statutory approach.Results of the Research: The study results show that the legal implications of formulating guarantees for the enforceability of laws that live in society affirm the existence of customary criminal law as a living law in society, thereby affirming the essence of legal pluralism. The future orientation of Indonesian criminal law pluralism after the enactment of the New Criminal Code is to maintain harmonious relations between the national legal system and the customary law system and to conduct an inventory of existing customary criminal laws. Customary criminal law that still exists is then regulated specifically in regional regulations in each region so that judges can then use it as a reference in deciding a criminal case that has a legal essence that lives in society.]]>
