SASI
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<![CDATA[The Ultimate Remedium Principle in the Strategy of Returning and Recovering Corruption Crimes ]]>
<![CDATA[Firdaus, Aras]]>;
<![CDATA[Harve, Renhard]]>;
<![CDATA[Simbolon, Bona Fernandez Martogitua]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1039
<![CDATA[Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits. So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.]]>
<![CDATA[Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP ]]>
<![CDATA[Gunawan, Teng Junaidi]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1038
<![CDATA[Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.]]>
<![CDATA[Implementation of the Legal Value of Bhinci-Bhinciki Coolies of The Sultanate of Buton in The Maintenance of Government ]]>
<![CDATA[Faharudin, Faharudin]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.1024
<![CDATA[Introduction: Recognition of the existence of customary law in Indonesia has existed since the time of the independence of the Republic of Indonesia, which until now has been formally recognized by amendments to the 1945 Constitution of the Republic of Indonesia. This is expressly regulated in Article 18B paragraph (1 ) and paragraph (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: To find out how far the Implementation of Constitutional Law Values of the Dignity of the Seven Buton Sultanates in the Implementation of Government.Methods of the Research: This type of research uses an empirical juridical type, with historical, conceptual and statutory approaches. Data is a collection of information needed in the implementation of a research that comes from various sources. Data obtained from the field both primary and secondary data were analyzed using qualitative analysis techniques, then presented in a descriptive form.Results of the Research: The legal values of Bhinci-bhinciki Coolies in the Baubau City Government include a culture of shame (pomae-maeaka), meaning that they are ashamed to do disgraceful things such as KKN, a culture of caring for each other (popia-piara), a culture of mutual love (poma-maasiaka), and culture of mutual respect (poangka-angkataka), so as to create a harmonious, safe, peaceful and peaceful atmosphere. Teachers value their students, parents love their children, and leaders value their subordinates. Subordinates who excel are given gifts/rewards such as salary increases and regular attention to promotion. Conversely, subordinates who violate are given sanctions/punishment.]]>
<![CDATA[The Corporate Crime as The Power of Crime in The Economic Justification ]]>
<![CDATA[Budianto, Agus]]>
<![CDATA[ SASI Volume 28 Issue 4, December 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i4.890
<![CDATA[Introduction: A corporation with strong capital support from its company, with its core business seeking as much profit as possible, is very vulnerable to carrying out activities that violate the law even though economically or financially these activities are correct.Purposes of the Research: The purpose is to find a wedge, where the location of economic activities that violate the law is interpreted as violating the law, because economic or financial crimes are closely related to legal reasoning.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: The analysis show that the business expansion activities carried out by PT Jiwasraya are business activities that are justified by the economy or finance. However, because one of these activities involves state finances, it fulfills one of the elements of a criminal act of corruption. Activities that are justified in business are still getting attention by law because the nature of the crime is corporate crime, namely corporate crime which is carried out solely for the benefit of the corporation. Corporate crime will have the power to suppress society, so that the culture of the community will in some ways change and will indirectly threaten the concept of the rule of law in Indonesia.]]>
<![CDATA[Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage) ]]>
<![CDATA[Zainuddin, Asriadi]]>;
<![CDATA[Jamil, Abdul]]>;
<![CDATA[Sumanto, Dedi]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.1033
<![CDATA[Introduction: Marriage registration serves to create order in the administration of marriage in society as well as to ensure the upholding of the rights and obligations of husband and wife. This is a preventive state law policy to coordinate the community for the realization of order and order in the system of life, including in marital problems which are believed to be inseparable from various irregularities and disputes between husband and wife. Therefore, the involvement of the authorities/state in regulating marriage in the form of registration is a must.Purposes of the Research: The purpose of this study is to examine and analyze the formulation of legal substance regulation of marriage registration in Indonesia and to analyze and formulate the ideal concept of reformulation of marriage registration law in Indonesia.Methods of the Research: This research is a type of qualitative study that starts from the constructivism paradigm. The approach method used in this study is the socio-legal approach method (socio legal study). A study that examines law as a social fact that can be seen in the realm of experience as a pattern of behavior in the form of social institutions.Results of the Research: The reformulation concept offered by the author is to revise the sound of Article 2 paragraphs 1 and 2 which requires registration of marriages and contains criminal sanctions in it with the aim of providing a deterrent effect for perpetrators of underhand marriages. in the sense that this criminal sanction is used if the previous related sanctions are no longer powerless in the sense that this criminal sanction is a criminal sanction that is used after civil or administrative sanctions are applied.]]>
<![CDATA[Law Enforcement Problems in Handling 2019 General Election Crimes by Gakkumdu ]]>
<![CDATA[Darmawati, Darmawati]]>;
<![CDATA[Tajuddin, Mulyadi Alrianto]]>;
<![CDATA[Hadi, Firman]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.1030
<![CDATA[Introduction: Law enforcement of the 2019 election crime is mandated by Law Number 7 of 2017 concerning Elections carried out by the Gakkumdu Party.Purposes of the Research: The purpose of this study is to find out the problematic forms of law enforcement for the 2019 general election crime in Gorontalo City, and to determine the factors that influence law enforcement for the 2019 general election crime law in Gorontalo City.Methods of the Research: The writing method used is empirical normative with a case approach obtained directly from the object of research in the field. The location of this research is the Integrated Law Enforcement Center at the Bawaslu of Gorontalo City.Results of the Research: The results of the study show that law enforcement for the 2019 general election crime in the city of Gorontalo is less than optimal, it can be seen that there are still findings/reports that have been discontinued and even cases have been dismissed from their investigations. As for the obstacles or influencing law enforcement, namely the lack of personnel in handling election crimes, the rules regarding election crimes have not been able to accommodate all forms of election crimes due to the development of new forms of election crimes and in terms of community culture who do not understand the rules regarding criminal acts election crime.]]>
<![CDATA[Problems of Justice in Legal Protection Efforts against Banks as Separatist Creditors related to Execution of Collateral Tied with Mortgage Rights on Bankrupt Debtor's Assets ]]>
<![CDATA[Soetansah, Ilham]]>;
<![CDATA[Emirzon, Joni]]>;
<![CDATA[Yahanan, Annalisa]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.1028
<![CDATA[Introduction: The rights of banks as separatist creditors in the UU-KPKPU cannot be implemented. Banks also often get a share that is not under the amount of debtor debt, causing injustice.Purposes of the Research: This study aims to analyze and explain the forms of justice problems in legal protection efforts against banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of bankrupt debtors and their solutions.Methods of the Research: This research uses normative legal research. Research materials were used, namely secondary data and primary data as a support. This research material was collected by document study and interviews. The material that has been collected is then processed and analyzed using a qualitative approach, which is then drawn to conclusions using the deductive method.Results of the Research: There are two forms of the problem of justice in the legal protection of banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of the bankrupt debtor. First, the neglect of bank rights as separatist creditors by UU-KPKPU can be seen in the provisions of Article 56 paragraph (1) and 59 paragraph (1) which contradicts Article 55 paragraph (1). Second, banks as separatist creditors often get a share that is not under the amount of debt of the bankrupt debtor. The author suggests that the UU-KPKPU be changed based on distributive justice which requires proportional distribution.]]>
<![CDATA[The Application of the Burden of Proof Concept in Indonesia: A Comparative Study ]]>
<![CDATA[Abdullah, Abdullah]]>;
<![CDATA[Hatta, Muhammad]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.1045
<![CDATA[Introduction: One of the reasons for a reverse proof system is the difficulty of proving the offenses committed by certain perpetrators of a criminal offense, such as corruption and money laundering. Thus, the government issues the legal policy to apply a reverse burden of proof to solve this problem.Purposes of the Research: This study aims to analyze the application of the reverse burden of proof in Indonesian and Islamic criminal law.Methods of the Research: This research is legalistic, doctrinal, or normative, using a comparative law approach to compare the application of a reverse burden of proof in Indonesian criminal law and Islamic criminal law.Results of the Research: The application of a reverse burden of proof in Indonesia is limited and balanced (balanced probability of principles) as regulated in Article 37 of Law no. 31 of 2019 in conjuction with Law No. 20 of 2000 concerning the Eradication of Corruption Crimes and Article 35 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In Islamic criminal law, the application of t a reverse burden of proof has long been carried out, as seen in Surah Al-Nisa verse 135 and the story of Prophet Yusuf's proof of Zulaikha's accusation in Surah Yusuf verses 24-29, and several hadiths of the Prophet Muhammad. These two legal systems are similar in terms of the application of a reverse burden of proof that is only applied to certain cases, such as corruption and money laundering. However, the difference is that the application of a reverse burden of proof in Indonesian criminal law is limited and balanced. In contrast, the principle of a reverse burden of proof against corruption cases in Islamic criminal law is absolute.]]>
<![CDATA[Egalitarianism: Consciousness-Raising In Women’s Position In The Islamic Family ]]>
<![CDATA[Wulandari, Wahyuni Retno]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.1021
<![CDATA[Introduction: The Muslim community in the world, including in Indonesia, perceives Islamic family law as very patriarchal. This is because in the discussion related to Islamic family law, it only refers to Al QS. AN-Nisa [4]: 34,which translates women's subordination from men..Purposes of the Research: The purpose of writing this article is to describe a different side of Islamic family law which is always narrated by gender bias by the community, including the Muslim community itself, both in interpretation and even in its implementation carried out in a patriarchal manner. In fact, Al QS. Al-Hujuraat [49]: 13 implies that the rights and obligations of women and men on this earth are purely egalitarian.Methods of the Research: Normative research with the consciousness raising method is in the form of a communication approach related to the position of women in Muslim families, with a communication approach in Muslim communities related to critical awareness to add knowledge of actualization of Muslim communities in Islamic family law which actually does not burden women.Results of the Research: That the excess of men over women must be interpreted as that men are responsible for the maintenance and/or regulation of household affairs, not as rulers, supervisors or superiors of women. So it can be concluded that the concept of a man being the head of the family and a woman being a housewife as conceptualized by Article 31 of the Marriage Law and Article 79 of the KHI is no longer relevant at this time considering that based on the experience of women themselves and data showing an increase in the number of women family heads and women filing for divorce from year to year. As well as the fact that the wife helps her husband to prosper the family and even has to double burden because of it, must also be aware of his independence and not feel isolated because there are economic rights that they must obtain according to the efforts they have done as QS anNisa: 32.]]>
<![CDATA[The Effect of the Pre-emtive Military Strike Doctrine on Efforts to Establish New International Legal Provisions ]]>
<![CDATA[Peilouw, Johanis Steny Franco]]>
<![CDATA[ SASI Volume 28 Issue 3, September 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v28i3.1031
<![CDATA[Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. The collection technique is carried out through literature studies and then analyzed using qualitative methods.Results of the Research: The practice of some countries today in order to anticipate such an attack, pre-emtive military strikes are carried out in the context of anticipatory self-defense, with the aim of conducting self-defense before an attack occurs. The practice of anticipatory self-defence has become a serious conversation among academics, even when the act is practiced repeatedly continuously by a number of countries and recognized for its existence, it is certain to set a precedent that leads to the creation of an international customary law. Self-defence anticipatory measures applied in the doctrine of preemptive military strike have been adopted by several countries before and after the formation of the UN organization. But this has not set a legal precedent, despite efforts to make it an International custom through the practice of countries. If this is allowed to take place, it will at some point become customary international law. The application of the preemptive military strike will affect the establishment of new international law provisions.]]>
