cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yohanes Michael
Contact Email
yohanes.michael@staff.unpatti.ac.id
Phone
+6285243175321
Journal Mail Official
jurnalsasi@mail.unpatti.ac.id
Editorial Address
Lantai 2 Fakultas Hukum Universitas Pattimura Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia.
Location
Kota ambon,
Maluku
INDONESIA
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 5 Documents
 1 
Search results for , issue "volume 32 issue 3, september 2026" : 5 Documents clear
Navigating Legal Pluralism in the Conflict Between Waqf and Customary Land in Indonesia Sriutami, Rahayu; Rezki, Moch. Gufron Fajar
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3457

Abstract

Introduction: The dualism of land law in Indonesia (positive law, Islamic law, customary law) that causes conflicts, especially between waqf land and customary heritage land. Purposes of the Research: Analyze the roots of conflicts, implications for legal certainty, and find integrative solutions. Methods of the Research: The research uses a normative legal method with a descriptive-analytical approach through a literature study of laws and regulations, doctrines, and scientific literature related to agrarian law, waqf, and customary law community rights. Results of the Research: The results of the study show that disputes generally originate from differences in the concept of land ownership, where waqf law places land as an individual right that can be waqf for religious and social purposes, while customary law views land as a communal asset that has historical, cultural, and spiritual value so that any change in status must obtain the approval of all parties who are entitled to it. This paradigm difference causes the administrative recognition of the state to not always be in line with the social legitimacy that lives in indigenous peoples, thus giving rise to legal uncertainty and prolonged conflicts. This research emphasizes the importance of harmonizing agrarian law, Islamic law, and customary law through strengthening land status verification, optimizing waqf administration, involving customary institutions in the decision-making process, and increasing coordination between agencies. This approach is expected to be able to realize legal certainty that is not only formal, but also reflects substantive justice and maintains social harmony in the settlement of land disputes in Indonesia.
The Value of Restorative Justice in Balinese Customary Criminal Law in Cases of Sexual Violence Putri, I Gusti Ayu Kabhita Julia; Gorda, A A A Ngurah Tini Rusmini
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3717

Abstract

Introduction: This article examines sexual violence as a serious human rights violation that affects victims physically, psychologically, and socially, including within indigenous communities in Bali. The handling of sexual violence cases therefore requires a legal approach that goes beyond punishment and emphasizes victim recovery while maintaining social harmony. In this context, Balinese customary criminal law, which is rooted in local wisdom, offers restorative justice values that merit critical examination within the national legal framework. Purposes of the Research: The purpose of this study is to analyze the values of restorative justice embedded in Balinese customary criminal law in addressing cases of sexual violence and to assess their relevance and compatibility with Indonesia’s national legal system, particularly in relation to victim protection and human rights standards. Methods of the Research: This research employs normative juridical legal research using a literature study approach. The study analyzes primary legal materials, including statutory regulations, and secondary legal materials such as books, academic journals, and official reports to examine restorative justice principles in Balinese customary criminal law. Results of the Research: The findings show that restorative justice values have long existed in Balinese customary criminal law through mechanisms emphasizing harmony and social balance. However, their application in sexual violence cases reveals normative tensions, as customary settlements may marginalize victims’ rights. This study contributes original insight by critically positioning Balinese customary law as a complementary, not substitutive, mechanism to national criminal law in ensuring victim-centered justice.
Baduy Customary Law Pluralism in the Legal Framework of the Indonesian Constitution: Towards Fair Governance Hendrawati, Sulkiah; Saepudin, Eli Apud
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3764

Abstract

Introduction: The pluralism of Baduy customary law is a constitutional reality within the Indonesian constitutional system, particularly regarding the recognition of indigenous communities. The existence of Baduy customary law influences local governance, which is based on local wisdom, customary adherence, and social sustainability. However, the harmonization of customary law and state law often faces normative and implementation challenges. Purposes of the Research: This study aims to analyze the pluralism of Baduy customary law within the framework of Indonesian constitutional law and its implications for just governance. The research focuses on the form of constitutional recognition, the relationship between state authority and customary institutions, and the contribution of Baduy customary law in realizing the principles of justice, legal certainty, and respect for the rights of indigenous peoples contextually, normatively, and empirically within Indonesia's current modern and diverse regional government system. Methods of the Research: The research method used is qualitative research with a normative juridical and sociolegal approach. Data were obtained through a library study of laws and regulations, court decisions, and scientific literature, supported by empirical data from previous studies. Data analysis was conducted descriptively and analytically to interpret the relationship between Baduy customary law and the principles of constitutional law and the Indonesian constitution, values ​​of justice, pluralism, customary recognition, and the practice of sustainable, adaptive, contextual, democratic, and national local governance. Results of the Research: The research findings indicate that Baduy customary law holds a strategic position within the national legal system through conditional constitutional recognition. The novelty of this research lies in the assertion that customary legal pluralism does not conflict with constitutional law, but rather enriches the concept of just governance. The integration of Baduy customary values ​​supports the principles of substantive justice, community participation, and respect for collective customary rights. These findings emphasize the need for adaptive constitutional policies policies based on the values ​​of the Indonesian constitution to ensure harmony between customary law and the state in a sustainable, inclusive, democratic, contextual, national, modern, responsive, just, dignified, balanced, participatory, and constitutionally oriented manner.
Legal Pluralism in Contracts: Reconstruction of the Principle of Freedom of Contract for the Harmonization of Customary and National Law Agustini, Shenti; Bajury, Mimi Sintia Mohd; Agustianto, Agustianto; Jaya, Febri; Fitri, Winda
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3812

Abstract

Introduction: This article examines the normative tension between the principle of freedom of contract in national civil law and the practice of customary agreements within indigenous communities. In the Indonesian legal system, contractual relations are generally constructed on an individualistic and formal legal framework, while customary agreements are rooted in communal values, unwritten norms, and local wisdom. Within the perspective of legal pluralism, the coexistence of these different legal orders often generates challenges in terms of recognition, validity, and legal enforcement. Purposes of the Research: The purpose of this research is to identify the normative points of tension between the doctrine of freedom of contract and the practice of customary agreements and to formulate a conceptual model for integrating these norms within the national civil law system through the perspective of legal pluralism. Methods of the Research: This research employs a normative juridical method using statute, conceptual, and comparative approaches. Legal materials consist of primary legal sources such as legislation and secondary materials including legal doctrines and scholarly writings related to civil law, customary law, and legal pluralism. Results of the Research: The findings reveal that the normative tension between the principle of freedom of contract and customary agreements stems from differences in legal subjects, consent, evidentiary standards, bargaining positions, and legal authority. To address these tensions, this study proposes an integration model through the reconstruction of the freedom of contract doctrine to accommodate communal values, a progressive approach recognizing customary agreements as legally valid, adaptive evidentiary mechanisms that incorporate customary proof, and legal pluralism-based harmonization between national civil law and customary law. These models preserve legal certainty while strengthening recognition of indigenous communities' living law.
Harmonizing Legal Positivism and Natural Law for Social Engineering: Addressing Child Marriage in Indonesian Indigenous Communities Tan, Winsherly; Kalita, Manashi; Rusdiana, Shelvi; Situmeang, Ampuan; Seroja, Triana Dewi
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3829

Abstract

Introduction: This article examines the normative tension between state law and customary law in regulating child marriage practices within indigenous communities. In the Indonesian legal system, marriage is regulated through a formal legal framework emphasizing legal certainty and protection, while customary practices are rooted in communal values, traditions, and unwritten norms. Within the perspective of legal pluralism, the coexistence of these legal systems often creates challenges in terms of effectiveness, compliance, and social legitimacy. Purposes of the Research: The purpose of this research is to analyze the application of legal positivism and natural law theory in social engineering toward child marriage practices in indigenous communities, as well as to formulate an appropriate approach for addressing such practices within the framework of Indonesian law. Methods of the Research: This research employs a normative juridical method using statute and conceptual approaches. Legal materials consist of primary sources such as legislation and secondary sources including legal doctrines and scholarly writings related to customary law, marriage law, and legal theory. Results of the Research: The findings reveal that the persistence of child marriage in indigenous communities reflects a normative tension between the formal validity of state law and the moral legitimacy of customary law. Neither legal positivism nor natural law independently provides an adequate solution. Instead, an integrative approach based on Roscoe Pound's concept of law as social engineering, supported by legal positivism and natural law, offers a more effective framework for promoting legal reform while respecting indigenous cultural values. This study contributes to the literature by proposing an integrated analytical framework that bridges legal certainty, moral legitimacy, and participatory social transformation in legally pluralistic societies.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Volume 32 Issue 3, September 2026 Volume 32 Issue 2, June 2026 Volume 32 Issue 1, March 2026 Volume 31 Issue 4, December 2025 Volume 31 Issue 3, September 2025 Volume 31 Issue 2, June 2025 Volume 31 Issue 1, March 2025 Volume 30 Issue 4, December 2024 Volume 30 Issue 3, September 2024 Volume 30 Issue 2, June 2024 Volume 30 Issue 1, March 2024 Volume 29 Issue 4, December 2023 Volume 29 Issue 3, September 2023 Volume 29 Issue 2, June 2023 Volume 29 Issue 1, March 2023 Volume 28 Issue 4, December 2022 Volume 28 Issue 3, September 2022 Volume 28 Issue 2, June 2022 Volume 28 Issue 1, March 2022 Vol 27 No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 Vol 27 No 3 (2021): Volume 27 Nomor 3, Juli - September 2021 Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021 Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021 Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 20200 Vol 26 No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020 Vol 26 No 3 (2020): Volume 26 Nomor 3, Juli - September 2020 Vol 26 No 2 (2020): Volume 26 Nomor 2, April - Juni 2020 Vol 26 No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020 Vol 25 No 2 (2019): Volume 25 Nomor 2, Juli - Desember 2019 Vol 25 No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019 Vol 24 No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018 Vol 24 No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018 Vol 23 No 2 (2017): Volume 23 Nomor 2, Juli - Desember 2017 Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017 Vol 22 No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016 Vol 22 No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016 Vol 21 No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015 Vol 21 No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015 Vol 20 No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014 Vol 20 No 1 (2014): Volume 20 Nomor 1, Januari - Juni 2014 Vol 18 No 1 (2012): Volume 18 Nomor 1, Januari - Maret 2012 Vol 17 No 3 (2011): Volume 17 Nomor 3, Juli - September 2011 Vol 17 No 2 (2011): Volume 17 Nomor 2, April - Juni 2011 Vol 16 No 3 (2010): Volume 16 Nomor 3, Juli - September 2010 More Issue