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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 460 Documents
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Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions Pattipawae, Dezonda Rosiana; Abdullah, Abdullah; Salmon, Hendrik; Lainsamputty, Natanel
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.v28i2.730

Abstract

Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body
Responsibilities of Regency/Municipal Governments in Managing Basic Education Affairs Pattinasarany, Yohanes
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.751

Abstract

Introduction: The handover of basic education affairs by the central government to regencies/municipalities, raises the responsibility of district/city local governments to manage basic education affairs in order to provide quality basic education to local community members.Purposes of the Research: Analyze the form of responsibility for the district/city government in managing basic education affairs.Methods of the Research: The writing method used is normative law, by reviewing positive legal provisions, legal principles, legal principles and legal doctrines in order to build legal arguments related to the substance under study.Results of the Research: The results of the study show that the form of responsibility of the district/city government in managing government affairs in the field of basic education involves administration, institutions, finance, and facilities and infrastructure, and so on through government policies and legal actions as well as government services in the field of basic education to fulfill the rights of every citizen. citizens to obtain quality basic education services as a basis for continuing to secondary education and higher education. Neglect of the implementation of the said responsibility can be held legally responsible through accountability.
A Steep Gall in International Environmental Law Enforcement (An Analysis of International Deforestation) Nadir, Nadir; Gunawan, Adi
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.774

Abstract

Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for environmental law enforcement. Many treaties have regulated the environment, mainly deforestation, and many countries have ratified these treaties. However, implementing these regulations did not necessarily stop countries from deforesting.Purposes of the Research: Furthermore, in this research, steps that could be implemented to tackle deforestation internationally were given.Methods of the Research: This research was normative juridical research that examined an international law regulation, using qualitative analysis, and using secondary data.Results of the Research: Based on international data, many countries still carried out desertification, which amounts to thousands of hectares per year. One of the reasons for the weak implementation of treaties relating to environmental protection was the absence of coercive power from international conventions over the State's sovereign authority in forest management.Weak international environmental enforcement is caused by inadequate supervision and control as well as strong authority based on state sovereignty over forest management and utilization which depends on government policies, and the system of settlement and imposition of fines that still originate from a lawsuit
Involvement of Indigenous People In The Utilization of Natural Resources For Investment Activities Sedubun, Victor Juzuf
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.855

Abstract

Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities.Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment.
Optimization of the Use of Technology for Taxpayers in the Tax System in Indonesia Tita, Heillen Martha Yosephine; Mustamu, Julista; Loupatty, Yopi Riszcy
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.854

Abstract

Introduction: The development of tax reform shows that technology has a very important role. For this reason, the sustainability of tax collection in the State of Indonesia itself has at least an online system based on how taxpayers work to fulfill their obligations. However, the optimization of the application must be properly reviewed first to find out the effectiveness of the technology made.Purposes of the Research: This writing aims to study, analyze and discuss optimizing the use of technology in the taxation sector in Indonesia.Methods of the Research: This paper uses a normative research method, namely research that is focused on providing a systematic explanation that governs a certain category. The problem approach is the legal approach (statute opproach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field.Results of the Research: The results obtained from this paper are that, in principle, the technology used by the State of Indonesia is oriented to three pillars, namely: e-registration, e-filling and e-billing by means of technology that aims to strengthen taxpayer compliance. In addition, this technology has weaknesses, namely a good network and inefficient use of technology and the advantages of being able to access quickly and transparently.
Justice for the Rights of the Women's Heirs to the Land of Dati Latupono, Barzah; Radjawane, Pieter; Laturette, Adonia Ivone
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.853

Abstract

Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives.Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family
State Recognition and Respect for the Rights of Customary Law Communities in the Maluku Islands Region in the Exploitation of Forest Resources Matuankotta, Jenny Kristiana; Holle, Eric Stenly
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.852

Abstract

Introduction: The Constitution clearly provides recognition and respect for the existence of society customary law in Indonesia is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, how is the implementation in the islands such as Maluku Province which has unique characteristics such as cultural, social, religious culture and especially in the utilization of forest resources based on local wisdom that has been maintained for generations.Purposes of the Research: The purpose of this research is to analyze and explain how the state's recognition and respect for the rights of indigenous peoples to the use of forest resources in the constitution and secondly to analyze how the implementation of state control over forest resources is related to the rights of indigenous peoples in Maluku Province.Methods of the Research: This study uses two approaches, namely a legal approach which examines various legal foundations, both products of legislation and regulations related to exploitation of forest resources in islands and the second approach is a conceptual approach related to the problem under study.Results of the Research: The results show recognition and protection of indigenous peoples has been regulated in the 1945 Constitution and several sectoral laws. However, in practice, the rights of indigenous peoples over their forest resources often clash with the interests of the government in the name of development by granting various permits in the field of forest resources to corporations in the forestry sector, causing vertical conflicts between indigenous peoples and corporations in Maluku. as well as horizontal conflicts between state institutions in Indonesia. In addition, the criminalization and violence against indigenous peoples by law enforcement officers and violations of the rights of indigenous peoples by the state, especially the rights to control, manage and exploit forests, continue to this day. The government should enforce laws and development policies in Indonesia by immediately ratifying the draft law on the protection of the rights of indigenous and tribal peoples as an effort by the state to realize protection for every citizen and serve as a legal umbrella that is fair and non-discriminatory.
Legal Implications of Foreign Investment Relating to Technology Transfer in the Patent Regime Labetubun, Muchtar Anshary Hamid; Akyuwen, Rory Jeff; Narwadan, Theresia Nolda Agnes
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.829

Abstract

Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy.Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.
Implications of Correspondence Inference Attribution Theory & Behavioral Jurisprudence Theory: Judge's Conciderations on Conscience Sinaga, Cindy Debora; Somawijaya, Somawijaya; Takariawan, Agus
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.745

Abstract

Introduction: This article analyzes the implications of the attribution correspondence inference theory and whether the urge of conscience as affect in the Defendant is the reason for the abolition of the sentence? also behavioral jurisprudence theory on judges' considerations, where it's often a discourse in Indonesia. It is necessary to explore the human values contained in Defendant.Purposes of the Research: The objectives of the research are: First, to provide an analysis of how the theory of attribution correspondence inference to the judge's considerations in determining the circumstances that form the basis of sentencing and knowing whether the urge of conscience as affect in the Defendant is the reason for the abolition of the crime? Second, providing an analysis related to the urgency of behavioral jurisprudence theory in creating fair decisions based on the conscience of the judge.Methods of the Research: The normative legal research method uses a statutory approach, a conceptual approach, and comparisons with different legal system which are based on library research in collecting research legal materials.Results of the Research: The results are: First, the attribution correspondence inference theory can be used as consideration for judges’ considerations in determining to mitigate and aggravating circumstances in Indonesia and with a study of criminal law and the theory that the urge of conscience as affect the defendant can be used as a consideration of mitigating circumstances for the defendant, as well as conditional punishment. Second, the behavioral jurisprudence theory approach has urgency in understanding the behavior of a person doing an act or the judge in making a fair decision.
The Law Protection for the Woman Victim of Violence on Traditional Marriage Wadjo, Hadibah Zachra
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.756

Abstract

Introduction: The law regulation about the elimination of domestic violence has been regulated on dalam Law Number 23 of 2004 about The Elimination of Domestic Violence that, “to prevent, protect the victim, and take action to the domestic violence perpetrator, country, and society must do the prevention, protection, and the perpetrator prosecution that suitable with the Pancasila’s philosophy and the 1945 Constitution of the Republic of Indonesia”.Purposes of the Research: The victim who is bound by marriage that has been done traditionally but not done civilly.Methods of the Research: The research’s method on this writing is using the normative research’s method. A research’s method that been done with researching the library materials towards the regulations and literatures that relate with the problem that be researched. The Data that used is the secondary data with the secondary and tertiary legal materials collection priority. Then the data that be obtained are processed and served descriptively-analysis.Results of the Research: The research’s results shows that the domestic violence that be experienced by the women who her marriage has been done traditionally based on the Law of The Elimination of Domestic Violence can be categorized as the Domestic Violence Criminal Act, but on the handling, the investigator keep to do the things that be mandated by the constitution by giving the victim’s rights and the law protection. The marriage’s status that been done traditionally doesn’t have the fixed legal foundation. But, the country keep guarantee the traditional existence in Indonesia.

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