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Contact Name
Muchtar A H Labetubu
Contact Email
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Journal Mail Official
jurnalsasi@gmail.com
Editorial Address
Lantai 2 Fakultas Hukum Universitas Pattimura Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia.
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Maluku
INDONESIA
SASI
Published by Universitas Pattimura
ISSN : 16930061     EISSN : 26142961     DOI : https://doi.org/10.47268/sasi
Core Subject : Social,
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 447 Documents
Compatibility of the Capital of Nusantara’s Form of Government Against Article 18B Section (1) of the 1945 Constitution of the Republic of Indonesia Hantoro, Bimo Fajar
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.1029

Abstract

Introduction: With the promulgation of Law Number 3 of 2022 on State Capital, the government realized its plan to relocate the nation’s capital from the Specific Capital Region of Jakarta to the Capital of Nusantara on the Kalimantan Island. However, the law's passage has sparked a debate directed at the Indonesian new capital's form of government which is deemed to violate the 1945 Constitution of the Republic of Indonesia, specifically Articles 18, 18A, and 18B.Purposes of the Research: The purpose of this study is to examine and analyze the compatibility of the Capital of Nusantara’s form of government against Article 18B section (1) of the 1945 Constitution of the Republic of Indonesia.Methods of the Research: This is a normative juridical study using primary and secondary legal materials that are relevant to the topic of this study.Results of the Research: The results showed that the specific arrangements of the Capital of Nusantara’s form of government are normatively compatible with Article 18B section (1) of the 1945 Constitution of the Republic of Indonesia for two reasons, namely: the position between Article 18B section (1) and Article 18 as equals and that both of them apply independently; and the specificity that can be regulated for the Capital of Nusantara is flexible which means that the extent of the specificities can be so broad, including in terms of the form of government.
The Role of International Organizations in Handling Covid-19 Pandemic Nabila, Alya; Larasati, Kandi Kirana
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.1027

Abstract

Introduction: The spread of the Covid-19 virus after being designated as a pandemic by the WHO (World Health Organization) in early 2020 had a negative impact on the sustainability of life in the world. The hampering of activities due to lockdown policies to break the chain of transmission of the virus, paralyzed the movement of the world economy.Purposes of the Research: This study aims to find out the development of handling the Covid-19 virus as a pandemic and the role of WHO as an international health organization in equalizing vaccine availability.Methods of the Research: Normative juridical approach method with a statute approach, a historical approach and an analytical approach.Results of the Research: That as an effort to address inequality of access and distribution of Covid-19 vaccines between poor and rich countries, WHO formed a cooperation forum with the Global Alliance for Vaccines and Immunizations (GAVI), Vaccine Alliance, Coalition for Epidemic Preparedness Innovations (CEPI), and UNICEF namely Covid-19 Vaccines Global Access (COVAX) which has set up a pricing mechanism for rich countries to pay a requisite fees as a form of subsidize to poor countries.
The Power of Proof In Victims of Sexsual Abuse Maswandi, Maswandi; Jamillah, Jamillah; Sitompul, Ariman
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.988

Abstract

Introduction: Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence.Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State.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: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.
Implementation Double-Track System Criminal Sanctions and Rehabilitation Against Narcotic Abusers Chaidar, Muhamad; Budiarsih, Budiarsih
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.974

Abstract

Introduction: The application of sanctions is regulated in Law no. 35 of 2009 concerning Narcotics, which tends to impose criminal sanctions, does not have an impact, in fact there are more narcotics abusers. In accordance with the mandate of Law no. 35 of 2009 concerning narcotics, addicts and victims of narcotics abuse are entitled to rehabilitation, both medical rehabilitation and social rehabilitation. In general, addicts and victims of narcotics abuse have not been able to access rehabilitation services, especially addicts and victims of narcotics abuse who are in prisons or detention centers.Purposes of the Research: focus of the formulation in this research is How to Analyze the Meaning of Medical Rehabilitation Obligations for Narcotics Addicts?.Methods of the Research: The method used in this research is the normative juridical method and the law approach as well as the conceptual approach. They are in medical rehabilitation and/or social rehabilitation institutions.Results of the Research: Researchers suggest to the Government and the DPR to add explanations for narcotics addicts in Article 54 of Law Number 35 of 2009 concerning Narcotics, by including the amount of medical rehabilitation financing provided to narcotics addicts in Law Number 35 of 2009 concerning Narcotics. Prior to the promulgation of the amount of medical rehabilitation financing, regarding the provision of medical rehabilitation for narcotics addicts it will be easier to implement, and for the public to increase participation in the prevention of narcotics addicts and accessibility to the settlement of litigation and non-litigation cases.
Women and Violence In Hibualamo Traditions (An Analysis of Restorative Justice in Resolving Casses of Domestic Violence) Apituley, Lilian Gressthy Florencya; Eddyono, Sri Wiyanti
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.972

Abstract

Introduction: Cases of domestic violence are increasing in Indonesia, this is a manifestation of the unequal power relations between men and women and is also influenced by the culture/customs of the community, one of which is the Tobelo woman in the Hibualamo customs.Purposes of the Research: This study aims to explain the concept of Restorative Justice in the Indonesian criminal law system and the Restorative Justice Model in Resolving Domestic Violence Cases against Tobelo women.Methods of the Research: The research method used is a combination of empirical-normative legal research. The approach uses a socio-legal approach (social science) and a statutory approach (statute approach).Results of the Research: The results of this study include: 1. There is negative labeling of women in Tobelo customary law in the misunderstanding of the Hibualamo concept; 2. The concept of Restorative justice based on Hibualamo ideology which contains noble values that are fair and moral can be the basis for resolving cases of domestic violence in Tobelo to create harmonization and prevent multi-interpretation gaps in the implementation of restorative justice
Juridical Analysis of Handling Homelessness and Beggar Rahim, Arhjayati; Mustapa, Ira Suryani
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.943

Abstract

Introduction: This research analyzes how to handle homelessness and beggars in Gorontalo city either by Indonesian Criminal Code or by Regional regulation in Gorontalo city number 1 of 2018 concerning order and handling approach.Purposes of the Research: This research aims to study and analyze the handling of the homelessness and beggars in Gorontalo City using criminal code regulations and local regulations in Gorontalo City number 1 of 2018 about order and approaching handling.Methods of the Research: The method used in this research is the Sociological Juridicial Method The site of research was in Social and Society Empowerment Service of Gorontalo, the Municipal Police Government  service of Gorontalo, the Police station of Gorontalo city, the red light crossing of Baiturrahim Mosque in Gorontalo city, the crossing road of Gelael building, the Shopping center, central market, mall of Gorontalo, and Crossing road of Bunda Hospital, and some streets in Gorontalo city.Results of the Research: Handling process through Indonesian criminal code (KUHP) using quick investigation report, single law trial, the prosecutor is not mandatory to present/investigator can act as prosecutor in the court. Regional regulation number 1 of 2018 regulates two penalties: administrative (article 30) and criminal (article 32), preventive efforts in the form of emotional approach, coaching, making investigation report, and the last is returned to their respective place.
Force Majeure or Hardship Principle In Termination of Employment During The Covid-19 Pandemic Junaidi, Junaidi; Surahmi, Mila; Romli, Desmawaty
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.941

Abstract

Introduction: The company often uses the spread of the Covid 19 virus in Indonesia in carrying out the Termination of Employment (PHK). Force Majeure is regulated by Article 164 of Law No. 13 of 2003 on Manpower but does not regulate epidemics or diseases as force majeure. Hardship itself is not regulated, and this doctrine is not yet known in Indonesia, as evidenced by the lack of contracts implementing the hardship clause.Purposes of the Research: The purpose of this study is to provide legal protection for employees who have experienced termination of employment due to the Covid-19 pandemic based on the principle of hardship.Methods of the Research: The research method used is normative juridical or doctrinal law research. It is research that uses the approach of legislation in the governance and legal values that live in society.Results of the Research: The results of this study include two things, namely the principle of force majeure or hardship in termination of employment, Companies that terminate employment should renegotiate by delaying work or known as the hardship principle. Using the force majeure principle causes workers to be unable to carry out their obligations, namely doing work. Based on the freedom of contract, the hardship principle principle clause can continue to carry out the agreement for workers affected by Covid-19. While the second is the legal consequences of the Covid-19 pandemic on work agreements, basically, in resolving the legal consequences caused by the Covid-19 pandemic, honesty from the parties is needed. This principle is known as good faith. It greatly determines the condition of the Covid-19 pandemic in the termination of employment by the company so that the parties can renegotiate their work agreement.
Validity of Agreements in the Digital era: Study of Electronic Contracts, Cryptocurrencies and Non-Fungible Tokens Sopamena, Ronald Fadly
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.834

Abstract

Introduction: E-commerce transactions that develop, of course, bring changes to agreements that have been carried out conventionally, the digital era has finally brought about a new world called the metaverse with a number of assets in the form of objects such as Non-Fungible Tokens (NFT) and Crypto Currency that only exist in cyberspace.Purposes of the Research: The purpose of this research is to examine how the validity of agreements in the digital era, especially regarding electronic contracts and the purchase of Crypto Currency and NFT from Indonesian law persperctive.Methods of the Research: This research is descriptive analytical with a normative juridical type using primary, secondary and tertiary data from literature studies, both legislation and legal literature and other documents.Results of the Research: Both electronic contracts and electronic signatures used in e-commerce already have a legal basis so that their use is not something that is prohibited. Talking about the validity of an agreement will not be separated from Article 1320 of the Civil Code which requires 4 points that must be fulfilled in order for an agreement to be valid in the eyes of the law. This also applies to buying and selling crypto and NFT. Crypto is actually a currency, not recognized by the state. However, crypto can be traded and recognized as a trading commodity. NFT does not yet have special regulations, but the legal requirements for buying and selling NFT are still met even if the transaction uses crypto.
Kearifan Lokal: Tinjauan Unsur Sosiologi Pembentukan Peraturan Daerah Benjamin Carel Picauly; Natanel Lainsamputty
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.1074

Abstract

The protection of local wisdom as a social element in the formation of regional regulations will result in effective and well implemented regional regulations. The purpose of this study is to explain and analyze local wisdom that can play a role in the implementation of good governance in accordance with the conditions of local communities. The research method used normative research with a statutory approach and a conceptual approach and was analyzed descriptively qualitatively. The research results show that there is legal protection of local wisdom through an inventory mechanism and stipulation through local regulations, so that any formation of local regulations can accommodate the values of local wisdom that exist in the community.
The Omnibus Law Concept in the Job Creation Law and the Legal Consequences for Limited Liability Companies Dewinagara, Trisya Benazir; Handayani, I Gusti Ayu Ketut Rachmi; Purwadi, Hari
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.963

Abstract

Introduction: The concept of Omnibus Law  is intended as a means to resolve conflicting norms between laws and regulations so that inconsistencies do not occur.Purposes of the Research:  The study aimed to evaluate the concept of the Omnibus Law against the Job Creation Law (Undang-Undang Cipta Kerja) with a more specific focus on Limited Liability Company Regulations.Methods of the Research: Normative legal research (doctrinal study) on policies with a Conceptual Approached and Legislation (normative-juridical).Results of the Research: That many sectors of law grouped into the Omnibus Law, which was prone to causing inconsistencies, Lack of clarity in rules resulted in a lack of legal certainty, especially for Limited Liability Companies; the emergence of inconsistencies in the Job Creation Law against the UUPT due to a new concept regarding SMEs Limited Liability Companies or individual Limited Liability Companies which has legal consequences, the emergence of responsibility for piercing the corporate veil because there is only one shareholder; the absence of the role of a notary and an authentic deed of establishment; changed and dissolution of the RUPS SMEs Limited Liability Companies  through an electronic statement letter will cause a lack of legal validity of the Limited Liability Company; absence of a minimum capital requirement could lead to vulnerabilities in providing third party payment guarantees; moreover, setting limits for the establishment of the founders of the SMEs company may only be once a year, creating the risk of branching creditors; and provide an opportunity of creating Limited Liability Companies to seek profits every year, based on a limited liability concept. 

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