SASI
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<![CDATA[Peran Organisasi Sayap Partai Politik dalam Kaderisasi Partai Politik di Indonesia ]]>
<![CDATA[Septi Nur Wijayanti]]>;
<![CDATA[Kelik Iswandi]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.563
<![CDATA[The political parties that emerge in Indonesia have a distinct catch-all character; they are dependent on individual figures and lack a defined socioeconomic foundation. For political parties, the regeneration process has become a struggle. Because certain political parties lack a clear regeneration system, oligarchic recruiting is a common occurrence. Religious affiliations, local links, local commonalities, and proximity to political party leaders all have a role in recruitment trends. This research aims to explain the role of the under bow of the political party on regeneration. This is a legal-normative study that relies on secondary data. The research material is divided into three categories: primary, secondary, and tertiary. The following factors, according to this study, influence political party regeneration and recruitment: 1) political dynasty has an impact on unhealthy regeneration; 2) political dowry has an impact on unhealthy competition among political party members; and 3) popularity factor has an impact on how quickly people can become political party members. Political parties' inability to recruit and regenerate has an impact on their capacity to fulfill their role as the primary source of national leadership selection. Alternative solutions to these problems include strengthening the under bow of political parties. The existence of under bow of political parties will aid in the transmission of political party doctrine. Political parties will be rewarded with the best members who will fight for their vision and goals. Furthermore, the under bow of political parties can serve as educational institutions for potential members before they join the party.]]>
<![CDATA[Disparitas Putusan Mengenai Persamaan Pada Pokoknya Pada Merek Predator (Studi Putusan Nomor 1146 K/Pdt.Sus-Hki/2020) ]]>
<![CDATA[Muhammad Ali Masnun]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.539
<![CDATA[The cases of trademark infringement on substantial similarity still relatively common in Indonesia. This article aims to analyze the basis for the judge's consideration in the decision Number 1146 K / Pdt.Sus-HKI / 2020. This is based on the disparity of Decision Number 69 / Pdt.Sus / Mark / 2019 / PN with Decision Number 1146 K / Pdt.Sus-HKI / 2020. This research uses doctrinal research using statute, case, and conceptual approaches. The results showed that the judges' basic considerations were not in accordance with regulations and several legal concepts. First, that the trademark protection system based on territorial territory and the first to file system principle should not be used as a basis for consideration. Second, that the two brands are basically similar because of the similarities in the dominant element and the similarity in sound or speech with the addition of the same class of goods. Third, the word "predator" cannot be categorized as a generic word, because the word predator has been added with a logo as a condition for a research, excluding generic brands. As a recommendation in deciding this matter, regarding the existence of bad faith, due to bad faith, a cancellation of a registered mark can be submitted indefinitely.]]>
<![CDATA[Public Legal Awareness of the Importance of Covid-19 Vaccination in Southeast Maluku Regency ]]>
<![CDATA[Yosia Hetharie]]>;
<![CDATA[Patrick Corputty]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.687
<![CDATA[The spread of Covid-19 has an impact on all areas of human life universally throughout the world to all corners of the region in Indonesia, including the Southeast Maluku Regency, Maluku Province. Therefore, the government through the covid-19 vaccination program is one way to break the chain of the spread of Covid-19. This study uses a normative juridical research which is descriptive analytical through primary legal materials and secondary legal materials with literature studies. The analysis used is qualitative analysis. The implementation of the Covid-19 vaccination in Southeast Maluku Regency continues to be carried out in order to meet the national achievement target of 70%. As of early November, it was shown that in Southeast Maluku the achievement rate of Covid-19 vaccination for both the first and second doses was still below the national target of 70 percent. By not meeting the national Covid-19 vaccination achievement target in Southeast Maluku Regency, it shows that the legal awareness of the community to vaccinate Covid-19 in Southeast Maluku is still very minimal. The Southeast Maluku Regency Government needs to approach the community that is more humanistic and socio-cultural in order to provide education and good understanding for the community about the Covid-19 vaccination so as not to cause doubts in the community to vaccinate Covid-19.]]>
<![CDATA[Regulation of The Provision of Covid-19 Vaccination in Indonesia as The Implementation of State Obligations in line with The Indonesian Constitution ]]>
<![CDATA[Lisa Mery]]>;
<![CDATA[Andi Rahmah]]>;
<![CDATA[Andi Sry Rezki Wulandari]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.686
<![CDATA[This study aims to provide a clear picture of the steps (efforts) of the government of the Republic of Indonesia to provide vaccines to its people evenly and free of charge according to the standards or procedures in the Health Law which is a derivative of the constitutional mandate of the Republic of Indonesia, the research method uses normative juridical research that combines the rule of law. With law enforcement which is a regulation of the Indonesian government, the results of the study provide a perspective that various ways have been attempted by the Indonesian government to overcome the Covid-19 virus pandemic, vaccines are a continuous hope to increase immunity and immunity of community groups which will certainly have a positive impact with the release of the Indonesian state from health threats and a spike in the increase in cases during the global pandemic. The conclusion of this study is that the Indonesian government has made intensive and accurate efforts to protect citizens and build group immunity which of course has an impact on the positive possibility that the Indonesian state and nation can get out of worries due to the Covid-19Â pandemic.]]>
<![CDATA[Default in The Profit Sharing Agreement Between the State Government and Petuanan Areas ]]>
<![CDATA[Marselo Valentino Geovani Pariela]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Ronald Fadly Sopamena]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.685
<![CDATA[In Eti Village, which is located in West Seram District, West Seram Regency, an agreement for marine and plantation products sharing is still being carried out between the Petuanan Region and the Eti Village Government as the parent country. The petuanan area or territory is a village or hamlet that is in the territory of the customary village. The agreement for the sharing of marine products and plantations between the Petuanan area and the State Government of Eti Village was agreed to share the profits of marine products and plantations by 40% which would belong to the Eti State Government and 60% to belong to the Petuanan area. This agreement for marine products and plantations is made based on the ngase system. The Ngase system is a form of cooperation between land owners and workers which is carried out at harvest time. However, in practice, this agreement for marine and plantation products does not go according to what has been agreed. The parent country does not get the pre-agreed profit sharing. Petuanan countries do not carry out their obligations to the detriment of the parent country. This study aims to determine the consequences of default in this profit-sharing agreement as well as to examine the settlement of disputes between the Eti Government and the Petuanan area. The type of research used is sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. The accountability carried out by the petuanan area is the fulfillment of achievements. Settlement of disputes between the petuanan area and the government of Negeri Eti is through non-litigation and litigation channels.]]>
<![CDATA[Paradiplomation of The Island Cluster as an Effort to Increase Exports of Maluku Nutmeg ]]>
<![CDATA[Dyah Ridhul Airin Daties]]>;
<![CDATA[Efie Baadila]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.684
<![CDATA[Nutmeg is a spice plant native of the Maluku islands that have been traded and cultivated for generations in the form of smallholder plantations in most of the Maluku islands. However, currently, Maluku's nutmeg exports have decreased. Therefore, the Maluku government must be perspicaciously smart to read every opportunity so that the potential of natural resources can be utilized optimally for the welfare of the region. This research is normative juridical research, with the type of library research. Maluku Province is a province characterized by islands. This phenomenon is the background for the birth of the concept of island cluster development. Through the concept of island cluster development, the Maluku provincial government hopes that each island group realizes the potential of their respective regions and strives to develop this potential for the independence of each island group, especially in increasing Maluku nutmeg exports.]]>
<![CDATA[Covid-19 Vaccination: Rights or Obligations? ]]>
<![CDATA[Vica Jillyan Edsti Saija]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.683
<![CDATA[In responding to the pandemic due to the coronavirus, the Indonesian government requires the public to carry out vaccinations in order to prevent the spread of the coronavirus and establish herd immunity. This instruction contradicts that health is a form of human right that cannot be enforced. Therefore, this paper wants to examine whether COVID-19 vaccination in the midst of an pandemic situation is a form of human right or obligation. The research method used in this paper is a normative method, and the results of this paper indicate that the covid-19 vaccine during an pandemic period can be categorized as a form of human obligation for everyone based on the obligation to respect the human rights of others as stated in the State Constitution. The Republic of Indonesia in 1945.]]>
<![CDATA[Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic ]]>
<![CDATA[Lefri Mikhael]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.682
<![CDATA[The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.]]>
<![CDATA[Pre-purchase Agreement on the Covid-19 Vaccine and its Impact on the Right to Health ]]>
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Mariah Agnes Matakena]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.681
<![CDATA[A vaccine is a core solution to decreasing the widespread damage caused by the COVID-19 pandemic. However, the race to find a vaccine requires a large budget to finance research and development carried out by pharmaceutical companies. This funding is usually accommodated by wealthy developed nations who enter per-purchase agreements with these companies that guarantee a large quantity of the approved vaccines, honored in the agreements between these countries and the pharmaceutical companies. However this agreement blocks the access to other countries, especially developing countries to purchase the same vaccines therefore unable to fulfill their citizens’ right to health as regulated in the universal declaration of human rights and other international legal sources. In analyzing this, the method of research used is a legal normative approach by studying literary materials, international legal documents, and case studies. The conclusion of this research is that pre-purchase agreements are a right of developed nations to fulfill the right of their citizens on one perspective however on the other it violates the right of the international community, especially small and developing countries to fulfill their right to health.]]>
<![CDATA[Implementation of Economic Rights Principles on Trademark In Trading of Product in The Pandemic Covid-19 Era ]]>
<![CDATA[Delfiyanti Delfiyanti]]>
<![CDATA[ SASI Vol 27, No 4 (2021): Volume 27 Nomor 4, Oktober - Desember 2021 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v27i4.680
<![CDATA[In accompany with the tight trading competition, it is imply that trademark plays significant role to known as the special product in common and had the power and useful when it managed in appropriate. Trademark is not just the word related to the product or collection only but the process and business strategy. Therefore, trademark have a value and equity. Thus equity becomes important as the value to be a benchmark of product in the marketplace. However, the pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia.]]>
