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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 18 Documents
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Search results for , issue "Volume 29 Issue 3, September 2023" : 18 Documents clear
The Implication of the Development of Technology on Land Transportation Law in Indonesia Sidiqah, Meliyani
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1486

Abstract

Introduction: The emergence of online transportation provides significant changes in various aspects of people's lives. But its success raises protests from several groups for the abolition of online transportation. The rapid technological development of land transportation that cannot be accommodated by Indonesian law can affect the certainty of law. Further, it can provide legal protection to related parties.Purposes of the Research:  This research aims to analyse the implication of online transportation as land transportation in Indonesia, and to recommend the accommodation of online transportation in Law Number 22 of 2009 on Road Traffic and Transportation to the Government of Indonesia.Methods of the Research: This research employed the normative juridical method by examining secondary data collected from library research using the statutory approach method analysed by qualitative technique.Results of the Research: The results show that the existence of online transportation as land transportation has positive implications for society such as the easier process, saving time, saves energy, can identify drivers, can track routes and vehicle locations, traffic monitoring, safety standards, lower costs, promos and discounts, efficient payment methods, and driver services. The other benefits are reducing the unemployment rate, increasing people's income, reducing the number of poverties, improving the people's welfare, and increasing the productivity of every institution and company. So, the government of Indonesia must accommodate online transportation in Law Number 22 of 2009 on Road Traffic and Transportation.
Harmonization of Levy System in Customary Village Referred to Mineral Mining Transporting Activity Lestari, Putu Ulandari Sri; Kartika, I Gusti Ayu Putri
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1395

Abstract

Introduction: The uncertainty surrounding levies on mineral mining transportation activities requires an observation of the legal concepts that have conceptualized the levies and the system that is being used. Therefore, there is a need for harmonization of the levy concept related to indigenous villages.Purposes of the Research: This study is aimed to determine the boundaries of authority of the Customary Village towards the implementation of state authority and the levy category for the mineral mining transportation.Methods of the Research: This study uses a normative research method because the legal issues discussed are related to the implementation of statutory norms, namely the Regional Regulations on Traditional Villages in Bali with higher statutory regulations, through a conceptual approach, as well as the snowball technique used in collecting legal materials with the technique such as descriptions, comparisons, evaluations, and arguments in analyzing legal materials.Results of the Research: The authority of the indigenous village to regulate the levies collected by the indigenous village as long as they do not conflict with higher regulations is considered valid. The concept of levies regulated in legislation classified as specific levies, as the object is the transportation of mineral mining, is not collected by force but voluntarily regarding the tariff amount, and has been agreed upon in the form of awig-awig (a social norm regulation of Balinese society) and can be categorized as a valid levy, as the levies imposed are not separated from the elements of Tri Hita Karana.
Reconceptualization of Marriage Dispensation Provisions In Religious Courts (Solution To Reduce The Number of Early Marriages In Indonesia) Hasanah, Uswatun; Syahnan, Mhd; Tanjung, Dhiauddin
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1390

Abstract

Introduction: In the Marriage Act has been formulated several principles of marriage, one of which is the principle of marriage in terms of age of marriage. In accordance with the provisions, it is confirmed that the age of marriage for men and women is 19 (nineteen) years. Furthermore, if there are irregularities regarding the parties who have not reached the specified age, it is permissible to apply for a marriage dispensation to the Religious Court.Purposes of the Research: This study aims to determine and analyze the rules of the game in terms of marriage in which to conceptualize the provisions of the marriage dispensation with the aim of reducing early marriage in Indonesia.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 problem of early marriage is usually included in the category of children where the child is someone who is not yet eighteen years old, including children who are still in the womb. Therefore, it is necessary to consider the physical and spiritual maturity that makes it possible to carry out her duties as a wife and as a mother as well as possible, if it is used as the best benchmark for a daughter to carry out a marriage. in accordance with the circumstances in Indonesia the lowest limit for a girl is 18 years.
Sale Purchase Agreement Through Instagram: How Is The View Of The Civil Law? Agustini, Shenti; Syarief, Elza; Agustianto, Agustianto
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1342

Abstract

Introduction: Technological developments have an impact on today's business world, which is buying and selling activities carried out through Instagram.Purposes of the Research: The purpose of this study is to examine the perspective of civil law books regarding the phenomenon of buying and selling via Instagram and analyzing the best solution so that buying and selling activities via Instagram do not violate the law.Methods of the Research: The method in this study is normative juridical which uses a library approach. In answering the formulation of the problem, the juridical basis is used, namely the civil law code book and the theoretical basis, namely modern contract law theory.Results of the Research: Based on research results, buying and selling activities via Instagram are very difficult to fulfill the legal requirements of an agreement as stipulated in the civil law code. This has also led to many cases of law violations through Instagram. Therefore, it is necessary to apply the principle of good faith in the buying and selling process on Instagram.
The Principle of People's Authoritative Manifestation in Mining Management: An Inclusive Legal Perspective Taufiq, Muchamad; Disantara, Fradhana Putra
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1329

Abstract

Introduction: Principle of the people's authoritative manifestation in mining activities must be a reference and guide by the state in formulating policies related to mining management.Purposes of the Research: This study aims to construct the people's authoritative manifestation principle in mining management. In addition, this study also focuses on an inclusive legal perspective and uses comparisons with Brazil and the United States.Methods of the Research: This research is normative legal research with the approaches used conceptual, comparative, and statutory approaches.Results of the Research: The study results confirm that the efforts to actualize the principle of authoritative manifestation of the people in an inclusive legal perspective can be carried out with an integrated mining licensing system that takes into account the aspirations and input of the community, the need for community participation and involvement in every mining management activity, and the need for protection and empowerment, especially for communities around mining and in particular again to customary law communities who have local wisdom to manage local resources in their area so that their existence is maintained even though there is mining activity.
Population Growth: Challenges In The Fulfillment of The Right To Work Tan, Winsherly; Situmeang, Ampuan; Jaya, Febri
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1316

Abstract

Introduction: Population growth has positive and negative impacts on a region. Batam city is a city with a fairly large population and Batam City must be able to fulfill its citizens' rights.Purposes of the Research: This study aims to analyze the fulfillment of the right to work and identify ways to control the rate of population growth to meet the need for jobs. Methods of the Research: The method used in this research is normative juridical. The study used is library research. The basis used in this study is the juridical basis which consists of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights and the theoretical basis used is the legal system theory of Lawrence Meir Friedman. Results of the Research: Based on the results of the study, it was found that the population growth in the Batam city is increasing and the Batam city has an obligation to fulfill the right to work for its residents. Therefore, Batam City must make a population grand design which also contains strategic plans for managing human resources and strategies for preparing jobs for its residents
Diversion of Corruption Eradication Commission of The Republic of Indonesia Employees To State Civil Apparatus Bima, Muhammad Rinaldy
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1275

Abstract

Introduction: This article analyzes the regulation legislation related to the transition of employee Commission Eradication Corruption (CEC) became Apparatus Civil State (ACS). Based on the mandate of the CEC Law, it assesses CEC employees through National Insight Test (NIT) to measure integrity, neutrality, and radicalism, on March 18 until 09 April 2021 against thousand three hundred and fifty-one CEC employees. However, the implementation of NIT reaped the pros and cons.Purposes of the Research: This study aims to analyze the validity test outlook nationality in the transfer of employee status Commission Eradication Corruption Becomes Apparatus Civil State and employee status Commission Eradication Corruption that does not pass the test outlook nationality based on regulation legislation.Methods of the Research: The method used in the study is method research law normative with analysis data descriptive-prescriptive, using approach statutes and conceptual approach.Results of the Research: The results of the research show the validity of NIT already based on Constitutional Court Decision Number: 34/PUU-XIX/2021, Law Number 19 of 2019, Law Number 5 of 2014, Government Regulation No. 41 of 2021, Supreme Court Decision Number 2 P/HUM/2020, Regulation of the Minister of Administrative Reform and Bureaucratic Reform of the Republic of Indonesia Number 61 of 2018, and CEC Regulation Number 1 of 2021. The status of CEC employees who do not pass the NIT is terminated based on CEC Decree Number 1354 of 2021. The study concludes that it results from NIT already corresponding Supreme Court decision Number 34/PUU-XIX/2021, and Law Number 19 of 2019 concerning the CEC. The Recommendation for this study is National Insight Test should be more transparent, consider the Constitutional Court's decision, and direct the president.
General Practitioner who Provides Aesthetic Services from an Indonesian Law Perspective Yeo, Susilo Kurniawan
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1236

Abstract

Introduction: While there is a high demand for aesthetic services in Indonesia, the regulations governing them have yet to be fully established. As a result, general practitioners who wish to offer these services must navigate a complex legal landscape. This article explores the legal aspects for general practitioners looking to provide aesthetic services in Indonesia, offering valuable insights for those seeking to enter this growing field.Purposes of the Research: This study aims to analyze the position and status of general practitioners who provide aesthetic services in Indonesia.Methods of the Research: To achieve these objectives, the author uses normative legal research methods with analytical approach. This study uses secondary data consisting of primary legal materials and secondary legal materials obtained through literature study.Results of the Research: The results of the study indicate that general practitioners are allowed to provide aesthetic services in accordance with defined and undefined competencies if they have attended education and training for these competencies which is organized by professional association and other institutions accredited by professional association.

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