cover
Contact Name
Muchtar A H Labetubu
Contact Email
mahlabetubun@gmail.com
Phone
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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.
Location
Kota ambon,
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
KARAKTERISTIK SURAT TILANG DALAM PENINDAKAN PELANGGARAN LALU LINTAS DAN ANGKUTAN JALAN Jemmy Jefry Pietersz
SASI Vol 16, No 3 (2010): Volume 16 Nomor 3, Juli - September 2010
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v16i3.783

Abstract

Violations action in the field of Traffic and Transportation is the act of sanctioning violations. This action is done by issuing Surat Tilang as a result of the violations found in the inspection of motor vehicles on the road. Surat Tilang has characterized as a unilateral administrative action as a form of administrative sanctions against violations committed and does not require the court rulings against government actions that are unilateral. Thus, the Surat Tilang is categorized as an Administrative Decision.
KAJIAN FILSAFAT HUKUM TENTANG PEMBENTUKAN PERATURAN DAERAH Victor Juzuf Sedubun
SASI Vol 16, No 3 (2010): Volume 16 Nomor 3, Juli - September 2010
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v16i3.782

Abstract

Establishment of regulations in the area causing problems when the rule is applied. Some parties feel that the rules are there to organize and manage the region carried out only for the interests of certain groups. The fact that there are not any products that regulation can work well because the cause of conflict in society. Resulting in the cancellation of a regional regulation.
DAMPAK TINDAK KEKERASAN TERHADAP PEREMPUAN DAN ANAK SERTA SOLUSINYA John Dirk Pasalbessy
SASI Vol 16, No 3 (2010): Volume 16 Nomor 3, Juli - September 2010
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v16i3.781

Abstract

Violence is not just an individual problem or a national problem, but is already a global problem, even transnational. In the context of protection of human rights, as human beings, women and children also have the same rights. Efforts to prevent or cope with a variety of behaviors and violence experienced by women and children already have received serious attention and treatment. Therefore, the approach in handling these issues must be integrated (integrated), where in addition to the legal approach should also consider non-legal approach which is precisely the cause of violence.
KEBIJAKAN PEMERINTAH DALAM UPAYA MELESTARIKAN NILAI-NILAI PANCASILA DI ERA REFORMASI Jantje Tjiptabudy
SASI Vol 16, No 3 (2010): Volume 16 Nomor 3, Juli - September 2010
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v16i3.780

Abstract

Pancasila is the philosophy, the Indonesian state ideology, which means that the Pancasila as a source of inspiration and source of solutions to the nation's problems. In a development in the reform era of pure values contained in Pancasila termaknai not in the life of nation and state. This is what lies behind the author to see how government policies in an effort to preserve the values of Pancasila in the reform era. The results obtained that the translation of Pancasila, which can be used as guidance in the life of nation and state are necessary in the current reform era. Pancasila seems to have been completely forgotten by the various groups in society, although formally. Therefore the government should act in accordance with the values of Pancasila itself Every precepts of Pancasila should be internalized and implemented, government policies should be in accordance with the application of the principles of Pancasila. Does the government have to be firm and fast in ensuring its citizens carry out this first principle of religious life in peace without any confusion in the run his religion from interference deviant teachings, whether the government has made regulations in which the moral attitude of humanity based on the absence of interest groups , whether the government has been able to overcome all understand class, ethnicity, tribe, race, religion or class of individuals that can not be sharpened into conflict and hostility, but it makes a difference who becomes a force for unity of this nation, whether the people led by the wise men in making decisions together unutuk public interest. And lastly whether the government is providing justice for every citizen in the form of welfare, security, assistance, subsidies, and a chance to live without any distinction of rights.
Cover SASI Vol. 27 No. 4, Oktober - Desember 2021 Muchtar Anshary Hamid Labetubun
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Tramelling The Illegal Wildlife Trading: A Comparative Legislative Analysis of China and India Sandeep Kumar Mohanty; Soumya Prakash Patra
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.597

Abstract

Illegal wildlife trade is one of the major transnational crimes. Transnational Crime, by its very nature, is problematic as it surpasses national jurisdictions, as well as the parameters of information systems and law enforcement agencies. Illegal wildlife trade networks increasingly operate like global multinational businesses, connecting local markets to the global markets through complex and interlinked networks.Against this background, CITES was entered into, multinational environmental agreement to which 183 nations are parties to it and India, being a member of CITES, in compliance with the guidelines, has enacted an umbrella of 8 legislation for the protection of wildlife in India. But despite this austere legislation, India is progressively becoming a hub of illegal wildlife trade.The illegal laundering of wild-caught animals via legal pathways is subject to increased scrutiny. It appears that illegal wildlife traders are rampantly using other covert methods to smuggle these animals into the territories of target consumer countries, such as China. Once they enter into the jurisdiction of destination countries that permit legal trade in this species, it becomes arduous for the relevant enforcement agencies to distinguish between the wild-caught and captive-bred animals.The author undertakes to carry out a comparative analysis of the existing legislation of China concerning India to understand whether the legislation is robust enough for the protection of the wildlife and how the enforcement mechanism can be strengthened for the advancement of the endangered species.
Urgensi Pembentukan Undang-Undang Fintech Di Indonesia: Harapan Dan Realita Di Era Pandemic Covid-19 Didik Irawansah; Wardah Yuspin; Ridwan Ridwan; Nasrullah Nasrullah
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.581

Abstract

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.
Pelaksanaan Sistem Pemerintahan Presidensial Dengan Multi Partai Di Indonesia Suparto Suparto
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.600

Abstract

The government system in post-reform Indonesia is a presidential system with many parties. The advantage of this system is that it is more democratic because many parties are considered to accommodate the wishes and interests of people from various backgrounds through political parties, while the weakness is that it is difficult for the ruling party if it is not in the majority. The purpose of this study was to determine the implementation of a presidential system of multi-party governance in post-reform Indonesia. The results of the study are that in a presidential government system with many parties (multi-party system) such as in Indonesia, it will cause problems if no political party wins the election with a majority vote, the President must build a coalition with a number of political parties that have representatives in the House of Representatives (DPR). DPR). Since the holding of the 1999 and 2004 elections, there have been efforts to simplify political parties, by reducing the number of election participants through the electoral threshold and then changing since 2009 to reducing the number of political parties that may sit in parliament by using the minimum threshold requirement (parliamentary threshold). However, this method has not been successful because there are still relatively many political parties sitting in parliament, this is due to the parliamentary threshold that is too small. Ideally, the parliamentary threshold, which was previously 4% in the 2019 election, is raised to 8% in the 2024 election. Thus, a strong, effective and stable presidential government system with only 4 (four) to 6 (six) political parties will be realized.
Kewenangan Dewan Pengawas Syariah Dan Implikasi Terhadap Perwujudan Corporate Social Responsibility Di Perbankan Syariah Nury Khoiril Jamil; Robiatul Adawiyah; Rumawi Rumawi
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.536

Abstract

Every company has a social responsibility. There are measurements of social responsibility that are carried out to achieve usefulness, one of which is Islamic banking. Although Islamic banking is only considered a labeling issue. However, with the role of DPS which is realized through CSR, it indicates that Islamic banking contributes and is responsible for various social aspects and nation building as a common goal as stated in the 5th principle of Pancasila. This study aims to determine the authority of the Sharia Supervisory Board (DPS) as mandated in laws and regulations and the implications for the realization of Corporate Social Responsibility (CSR) in Islamic banking. This research method is normative juridical, with a statutory and conceptual approach that refers to legal doctrines. The results of the study indicate that DPS has an important role in preventive efforts for activities in Islamic banking as well as the actuality of social responsibility that is realized through CSR.
Problematika Perlindungan Lahan Pertanian Berkelanjutan Pasca Undang-Undang Cipta Kerja FX Sumarja; Eddy Rifai; Tisnanta Tisnanta; Rodhi Agung Saputra
SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i4.562

Abstract

Provisions of Law no. 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land (UU PLP2B) is basically intended to classify a certain area of land that is allowed for appropriate food agriculture activities. This research is to examine the problems of sustainable agricultural land protection after the Job Creation Act and find a solution. The research method is a normative research method with a statute approach and uses content analysis. The findings of this study are changes in agricultural land protection regulations that can cause significant shrinkage of agricultural land and threaten farmer groups for investment. The abolition of the obligation to provide replacement land for affected farmers is not profitable for the farmer, because he will lose his agricultural land. The solution is that the government in determining the location of development projects must avoid the use of fertile/productive agricultural land.

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