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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447 Documents
<![CDATA[Doctor's Responsibility For Actions of Delaying And Termination of Life Support of Terminal Patients During The Covid-19 Pandemi ]]>
<![CDATA[Kusumaningrum, Anggraeni Endah]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1167
<![CDATA[Introduction: Medical action is a doctor's action toward a patient which includes preventive, diagnostic, curative, or rehabilitative measures. The medical action certainly brings legal consequences, so a doctor is legally responsible for the medical actions he takes, including the act of delaying and terminating life support.Purposes of the Research: This study aims to examine and analyze the responsibility of doctors for the act of delaying and terminating life support for terminal patients during the COVID-19 pandemic, as well as the obstacles and solutions.Methods of the Research: This research approach is normative juridical with secondary data as the main data obtained through literature study and will be analyzed qualitatively.Results of the Research: This study found that doctors who are negligent and guilty when performing acts of delaying and discontinuing life support can be prosecuted for criminal, civil, administrative and professional ethical responsibility. The enactment of a ministerial-level regulation that regulates this action provides legal protection for doctors, where there is a change in the way of making decisions on medical actions so that the doctor's legal responsibility turns into a collective or corporate responsibility. However, the implementation of the regulation still has various shortcomings, so legal protection for doctors is not optimal.]]>
<![CDATA[The International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation ]]>
<![CDATA[Sulbadana, Sulbadana]]>;
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Tampubolon, Hatta Roma]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1160
<![CDATA[Introduction: Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) have the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state.Purposes of the Research: Review and analyze international law relating to the welfare of Indigenous Peoples in the Omnibus Law on Job Creation.Methods of the Research: Its legal position in the Job Creation Law which has the character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach.Results of the Research: The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories.]]>
<![CDATA[The Needs For Public Services Relating To The Legalization of Public Documents In Education ]]>
<![CDATA[Tan, Winsherly]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1151
<![CDATA[Introduction: Legalization is legalizing a signature as proof that the document made by the parties was indeed signed by the parties.Purposes of the Research: Indonesia already has regulations in providing good public services, namely Law No. 25 of 2009 concerning Public Services. Indonesia has ratified the Apostille Convention. The aim of this study are to analyze public services in terms of legalizing public documents in Indonesia through Apostille and to analyze the need for legalization of public documents in education through Apostille.Methods of the Research: The research method used is the normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is Law No. 25 of 2009, Presidential Regulation No. 2 of 2021, Government Regulation of the Republic of Indonesia No. 96 of 2012 and the theoretical basis used is the Legal Benefit Theory by Jeremy Bentham.Results of the Research: The implementation of public services for the legalization of public documents through Apostille has met excellent service standards. The need for public document services in the field of education is also very much needed, especially with the implementation of the Merdeka Belajar Kampus Merdeka (MBKM) program. This shows the increasing need for public document legalization services in the education sector.]]>
<![CDATA[Building The Strengthening of Environmental Protection and Management In The Industrial Revolution-Era 4.0 ]]>
<![CDATA[Gunawan, Adi]]>;
<![CDATA[Nadir, Nadir]]>;
<![CDATA[Fatkhurohman, Fatkhurohman]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1145
<![CDATA[Introduction: Environmental protection is no longer negotiable, in Indonesia and internationally the destruction of the environment due to mining and deforestation has reached an alarming threshold and threatens the lives of future generations. The actions that have been taken and the existence of institutions / organizations in the field of environment are not able to make a maximum contribution to environmental protection.Purposes of the Research: The purpose of this research is to find a concept of strengthening environmental protection that is more effective and efficient and can be applied in preventing massive environmental damage both on a national and international scale and efforts to rehabilitate environmental damage that can be carried out by local communities with government support in the future, especially in the era of the industrial revolution 4.0.Methods of the Research: This research is a qualitative research that examines legal policies (normative legal research) related to the environment. The data used is secondary data in the form of literature from the opinions of experts as well as the results of previous studies relevant to the topic of the problem. The collected data is grouped according to the stages and systematics of research and the flow of discussion then analyzed by providing explanations that are strengthened by theories from legal experts, especially in the environmental field.Results of the Research: Strengthening environmental protection and management in the industrial era 4.0 can be done in two ways, namely: (1) strengthening the role of the community initiated and fully supported by the government by making the community a partner in environmental management (2) Institutional strengthening in environmental protection and management, namely by making customary / community institutions as one of the main elements in policies related to the environment.]]>
<![CDATA[Pre-Trial As Investigation Process Control System ]]>
<![CDATA[Bauw, Lily]]>;
<![CDATA[Silambi, Erni Dwita]]>;
<![CDATA[Kama, Ibrahim]]>;
<![CDATA[Ismail, Nurwita]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1077
<![CDATA[Introduction: Pretrial is the initial thought to carry out supervisory actions against law enforcement officials so that in carrying out or carrying out their duties there is no abuse of authority.Purposes of the Research: To review and analyze Pre-Trial As Investigation Process Control System.Methods of the Research: The research method used in this study is Empirical Juridical law research with the reason that the author wants to examine norms related to pretrial and seek information directly about the implementation of pretrial at the Merauke Merauke Police.Results of the Research: Pretrial is a form of control both from superiors (Vertical) as well as from fellow law enforcers or third parties, namely the attorneys of suspects, suspects and their families (Horizontal) to see that the arrest, detention and determination of suspects are in accordance with applicable rules and pretrial. must have rules regarding inspection techniques so that there is uniformity. ]]>
<![CDATA[Loss of Advocate Immunity Due To Obstruction Of Justice Based On Criminal Provisions ]]>
<![CDATA[Gayo, Sabela]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1071
<![CDATA[Introduction: The enforceability of Article 16 and the Constitutional Court decision number 26/PUU-XI/2013 does not necessarily exempt advocates from alleged intervention in the enforcement process in carrying out their profession to defend clients, but that right can be lost said the lawyer committed a criminal act of Obstruction of Justice.Purposes of the Research: The purpose of this study is to explain the right of attorney immunity can be lost when committing a criminal act of Obstruction of Justice.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: Advocates in terms of exercising their profession require immunity rights, but the use of immunity rights has definitive conditions that must be considered as stipulated in Article 16 of law no. 18 of 2003. The act of an advocate should be suspected of committing a criminal act of obstruction of justice if the act is not related to his professional duties and is not based on good faith. The action taken by The Advocate in relation to his professional duties has the meaning that the action is carried out for the benefit of the client's defense. Good faith referred to in Article 16 is to carry out professional duties for the sake of establishing justice based on the law to defend the interests of its clients.]]>
<![CDATA[Cyber Crime E-Commerce Business Transactions ]]>
<![CDATA[Lubis, Fauziah]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1068
<![CDATA[Introduction: Law enforcement and protection for cyber cases is focused on consumers as victims of digital crimes where consumers are generally harmed when conducting business transactions digitally. Where the focus of this paper discusses the legal protection of victims of cybercrime victims when transacting business.Purposes of the Research: The purpose of this study is to explain the concept of cybercrime in financial transactions.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: Cyber crime is currently very growing in Indonesia, especially in the current era of digitalization. Where the law can protect from new crimes that live in the current kekininia period so that victims of cyber crime legally in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.]]>
<![CDATA[Crime Settlement of Khalwat in Aceh ]]>
<![CDATA[Syihab, Mahdi Abdullah]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1065
<![CDATA[Introduction: Khalwat (Seclusion) is a despicable act that violates Islamic law because it leads to adultery. However, Qanun No. 6 of 2014 concerning Jinayat Law stipulates that the settlement of khalwat must go first through the Customary Court so that the punishment applied is not Islamic law punishment, such as ta`zir, but customary punishment.Purposes of the Research: This study aims to analyze the mechanism for resolving the crime of seclusion in Aceh.Methods of the Research: This is normative/doctrinal research using a statutory approach and a comparative approach.Results of the Research: Khalwat is a crime (jarimah) that violates Islamic law and it is categorized into jarimah ta`zir. Settlement of jarimah seclusion can be carried out by litigation through the Syar'iyah Court and the settlement goes to customary courts. However, Article 24 of Qanun Number 6 of 2014 concerning Jinayat Law, stipulates that the settlement of criminal acts of seclusion must first be through customary courts. The settlement mechanism for khalwat is first resolved through customary courts using a deliberation-consensus approach like village meetings, it is usually called Gampong Customary Meetings (RAG) by executing customary punishments such as penalties of paying fines, feasting, bathing, and the khalwat couple is forced to get married. The consideration of implementing customary punishment is to solve the case more effectively and efficiently and in return can raise the level of trust and community compliance.]]>
<![CDATA[Bhinneka Tunggal Ika: Its Norming and Actualization in Democracy in Indonesia ]]>
<![CDATA[Riyanto, Slamet]]>;
<![CDATA[Febrian, Febrian]]>;
<![CDATA[Zanibar, Zen]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1058
<![CDATA[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.]]>
<![CDATA[The Problems of Fulfilling the Rights of Victims of Obscene Crimes ]]>
<![CDATA[Agustanti, Rosalia Dika]]>;
<![CDATA[Wahyuningsih, Yuliana Yuli]]>;
<![CDATA[Lewoleba, Kayus Kayowuan]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1044
<![CDATA[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. ]]>
