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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 7 Documents
 1 
Search results for , issue "Volume 31 Issue 1, March 2025" : 7 Documents clear
Influence Law International to Policy National Law in Developing Countries in Right Basic Man Sunarto, Atika; Rumapea, Mazmur Septian; Adnan, Muhammad Ali; Khair, Azizan
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2817

Abstract

Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems.Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights.Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries.Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards.
Ethics In Business Law: A Paternalistic Legal Philosophy Approach From John Stuart Mill Suputra, I Dewa Gde Ery; Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2274

Abstract

Introduction: In the modern business world, John Stuart Mill's paternalistic legal philosophy, especially the "harm" principle, is very relevant to balance market freedom and protection of public interests, such as consumers, workers, and the environment, through regulations aimed at reducing the negative impacts of business activities.Purposes of the Research: The purpose of this study is to analyze the application of John Stuart Mill's paternalistic principles in business law and to evaluate the relevance of Mill's legal philosophy to modern business regulation.Methods of the Research: This study uses normative legal methods to analyze the application of John Stuart Mill's paternalistic principles in business law, with conceptual, legislative, and case approaches, and utilizing primary, secondary, and tertiary legal materials analyzed qualitatively and deductively.Results Main Findings of the Research: John Stuart Mill’s paternalistic principles, particularly the harm principle, are highly relevant in modern business regulation as they balance market freedom with protection of the public interest, as seen in consumer protection, employment, corporate social responsibility (CSR), and environmental regulations, which aim to protect consumers, workers, and ecosystems. Despite challenges such as resistance from business actors, the application of this principle remains essential to ensure that freedom in business does not harm society and the environment, and supports sustainability and public welfare.
Comparison of Agreement Law in Indonesia and Malaysia: Phenomenon of Standard Agreement Practices Manurung, Shenti Agustini; Irawati, Jovita; Sudirman, Lu; Agustianto, Agustianto; Farahdina, Farahdina
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2683

Abstract

Introduction: Indonesia and Malaysia are countries with fairly good economic levels in the ASEAN. Economic growth in the business world also has an influence on contract law because the phenomenon that occurs is the use of standard agreement models in the business world to make business processes more effective and efficient.Purposes of the Research: The aim of this research is to analyze the differences in contract law in Indonesia and Malaysia, also describe the phenomenon of standard agreement practices that occur in Indonesia and Malaysia, and analyze the validity of standard agreements that apply in Indonesia and Malaysia.Methods of the Research: The research method used is normative juridical. The type of study used is through literature study. The type of data used is secondary data consisting of primary legal materials, namely the Civil Code, the Malaysian Contracts Act 1950, the 1957 Sale of Goods Deed.Results Main Findings of the Research: The research results show that Indonesia and Malaysia are countries that have implemented standard agreement. These two countries also have a legal basis that allows standard agreements to come into force on the condition that there must be clauses that emphasize the rights and obligations of the parties to achieve justice.
The Application of Restorative Justice in Domestic and Child Violence Cases in Indonesia and Finland Hamamah, Fatin; Sukardi, Didi; Kulkarni, Shirin
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2448

Abstract

Introduction: Restorative justice (RJ) is an alternative approach to criminal justice that focuses on victim recovery, offender rehabilitation and community reintegration. In the context of domestic and child violence, this approach offers the potential for more inclusive and sustainable solutions than traditional retributive approaches. However, there is debate about the effectiveness of RJ in cases of violence that have profound psychological and physical impacts on victims. The issue is whether RJ can provide adequate justice without compromising legal protections for victims. This research offers novelty by examining the application of RJ in cases of domestic and child violence in Indonesia and Fnland, where RJ laws and policies are still developing.Purposes of the Research:  The purpose of the study was to identify the challenges and opportunities for the application of RJ in such cases and evaluate the extent to which this approach is able to create restorative justice for victims and perpetrators in Indonesia and Finland.Methods of the Research: The research used qualitative methods with case studies of several domestic and child violence cases resolved through RJ in different regions.Results / Main Findings / Novelty/Originality of the Research: Findings suggest that RJ can be effective in facilitating victim recovery, but its implementation requires strong support structures, including professional counsellors and clear legal protections in Indonesia and Finland. The conclusions of this study confirm that RJ has great potential in resolving domestic violence cases, but its implementation must be done carefully to ensure justice and protection for victims. Consequently, this research encourages policymakers to design a more comprehensive and inclusive RJ framework for domestic violence.
Protection of Public Services Personal Data in The Delivery of Public Services: Comparative Study in Indonesia and Malaysia Tan, Winsherly; Karo Karo, Rizky Pratama Putra; Situmeang, Ampuan; Rusdiana, Shelvi; Razak, Siti Suraya Abd
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2415

Abstract

Introduction: Public service is essential in serving and engaging with the community. It is fundamental for building strong, resilient communities and ensuring a functioning democracy. However, the exposure of personal data in public service is worrying, as data breaches have affected the public's privacy.Purposes of the Research: This study examines the extent to which personal data is protected in the provision of public services in Indonesia and Malaysia. It also investigates how the Indonesian government can learn from Malaysia to improve its data protection in public services.Methods of the Research: This study employed a normative juridical approach. Secondary data was used in this study: the 1945 Constitution, Law Number 25 of 2009 concerning Public Services, Presidential Instruction Number 3 of 2003 concerning National Policy, Strategy for E-Government Development, and the Malaysian Personal Data Protection Act 2010.Results Main Findings of the Research: This study shows many data protection breaches in Indonesia. Additionally, no existing law protects personal data in Indonesia. It is recommended that Indonesia establish a law to protect the personal data of its citizens. Malaysia’s Personal Data Protection Act 2010 can be modelled to establish the law.
Comparison of Indonesian Private Lecturer Wage Systems With The Netherlands From Jhon Rawls' Legal Perspective Abas, Muhammad
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2261

Abstract

Introduction: Higher education plays an important role in the development of a country, with lecturers as one of its main pillars. The quality of higher education is highly dependent on the performance and dedication of lecturers, which in turn is influenced by the wage system applied.Purposes of the Research: To evaluate the suitability of private lecturer wage systems in Indonesia and the Netherlands with John Rawls' concept of justice. To analyze various components of the wage system, including the structure of basic salary and allowances, a salary increase system based on achievement and length of service, and career development opportunities available to lecturers.Methods of the Research: Qualitative method with a descriptive-comparative approach to provide an in-depth picture and compare them within the framework of John Rawls' theory of justice. The research data sources include primary data obtained through in-depth interviews with relevant officials at the Ministry of Education, representatives of private university associations, and private lecturers in both countries, as well as secondary data from policy documents, laws and regulations, statistical reports, and academic literature.Results Main Findings of the Research: The Netherlands system is also supported by more comprehensive social security and effective negotiation, so that the wage gap between institutions is smaller. Indonesia still needs to make significant improvements in the implementation of regulations, wage standardization, and increasing social protection to achieve a level of fairness and welfare equivalent to the Dutch system. These differences reflect not only variations in university policies, but also the broader economic and social context in both countries.
Basis of Data Protection Officer Appointment: Comparative Study of Indonesia and European Union Regulation Putra, Tegar Islami; Fibrianti, Nurul; Fakhrullah, Mohammad Raziq
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2068

Abstract

Introduction: The utilization of information technology makes it very easy for a person's Personal Data to be collected and transferred from one party to another without the knowledge of the Personal Data Subject. Personal data controller As a form and effort of protection, it is mandatory to appoint a Data Protection Officer and carry out functions and duties in accordance with the law. To be able to fulfill these functions and duties, it is important to determine the Basis of Data Protection Officer Appointment.Purposes of the Research: The research aims to explain and analyze the comparison of Basis of Data Protection Officer Appointment between Indonesia and Europe Union.Methods of the Research: The research method used in this study is the normative juridical research method with qualitative approach that identifying issues through in-depth analysis of relevant legal regulations concerning the concept of Data Protection Officer Appointment and also employs a comparative study.Results Main Findings of the Research: This study found that the Basis of Data Protection Officer Appointment in Indonesia and the European Union have similar and different aspects of professionalism and ability to fulfill duties. Meanwhile, there are differences in terms of personal data protection practices, where the Indonesian regulation separates knowledge of the law, the practice of Personal Data Protection as the basis for the appointment of data protection officers. Whereas the rules in the European Union combine them so that they have a basis for expert knowledge of data protection law.

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