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Muchtar A H Labetubu
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Lantai 2 Fakultas Hukum Universitas Pattimura Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia.
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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 447 Documents
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Indonesia's Dilemma in Efforts to Disseminate The Covid-19 Vaccine (Rights and Obligations of the State for Citizens) and The Spread of Fake News That Disrupt Rule Enforcement Amiruddin Pabbu; Patawari Patawari; Mira Nila Kusuma Dewi
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.v27i4.679

Abstract

The purpose of this study is to explain the effort of Indonesian government to fulfill its obligation towards its people’s right of health in this pandemic covid-19 situation that is by spreading the covid-19 vaccine on one side and people’s spreading fake information about covid-19 on the other side. The research method used is normative legal research. The result of this study shows besides the effort of Indonesian government to manage the pandemic situation, there are so many hoaxes about the pandemic that influence people to object the vaccine.  Therefore people are advised to really careful in receiving those information by sorting and choosing the correct information.
Cover SASI Vol. 27 No. 3, Juli - September 2021 Muchtar A H Labetubun
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia Muhammad Irham; Nani Mulyati
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.596

Abstract

The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.
Penerapan Asas Primum Remedium Tindak Pidana Lingkungan Hidup Kania Tamara Pratiwi; Siti Kotijah; Rini Apriyani
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.471

Abstract

The principle of primum remedium emphasizes the application of Article 84 of Law Number 32 of 2009 concerning Protection and Management of the Environment, whose actions do not need to be proven, it is clear that committing environmental crimes, which in environmental law enforcement is rarely applied by judges in the Supreme Court decisions. Doctrinal research with the adjudication of judges' decisions. The application of the primum remedium principle in environmental law enforcement in B3 waste cases does not need to be proven and clearly commits pollution and destruction of the environmental environment, thus providing a deterrent effect for perpetrators and anyone who will commit environmental crimes. The formulation of the classification of criminal elements is clearly and firmly regulated in the UUPPLH criminal provisions relating to the application of the two principles of primum remedium and ultimum remedium. The validity of criminal law as primum remedium with Decision Number 487 / Pid.B / LH / 209 / PN Sm, does not pay attention to formal offenses so that environmental crimes can be released from criminal threats. For this reason, the judge's understanding and certification in deciding cases related to environmental law must be evaluated and monitored for the judge.
Prevention of Violence Against Wife In The Household (Human Rights Perspective) Margie Gladies Sopacua
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.588

Abstract

This paper aims to find and discuss new ideas or thoughts in preventing violence against wives in the household. This research is a normative legal research, the type of research is descriptive analytical.  Sources of Legal Materials used are primary legal materials and secondary legal materials. The technique of collecting legal materials is through a library research on legal materials, both primary legal materials, secondary legal materials, then analyzed qualitatively on the problems, as well as conducting an inventory and systematization. The results of this study found several new ideas in an effort to prevent before the occurrence of domestic violence, including 1) as part of a legal society we must help each other in creating a “harmonious household” 2) provide understanding to husbands that domestic violence against wives is a crime that can be subject to legal sanctions, 3) help instill good religious values for men in this case is the husband 4) Build a positive mindset for men as husbands to fight egoism and believe that violence against wives is something that is prohibited 5) The role of religious leaders in this case is every couple who is getting married must at least carry out premarital counseling for 3 (three) months, and 6) be aware that domestic violence committed to the wife will have a psychological impact that is not good for the wife, especially the child's psychology.
Pembuktian Potensi Kerugian dalam Gugatan terhadap Keputusan Tata Usaha Negara Rizky Ramadhan Baried
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.558

Abstract

Administrative court verdict number 04/G/2013/PTUN.YK. juncto 149/B/2013/PT.TUN.SBY., verdict number 18/G/2015/PTUN.YK. juncto 115/B/2016/PT.TUN.SBY. juncto 37 PK/TUN/2017, and verdict number 14/G/2017/PTUN.YK. juncto 205/B/2017/PT.TUN.SBY. were example that license (as the state administrative decision) issued by administrative officials as the object of lawsuit in administrative court, by the reason of potential loss, which normatively regulared by law number 9 of 2004 and its expansion in law number 30 of 2014. As known, principle of ‘negativa non sunt probanda’ state that facts that have not/not yet been proven cannot be proven, while it is opened by the regulation above, of course it will have implications for the procedure of evidence in court to arouse the confiction of judges and affordability of Article 53 of law number 9 of 2004 in a lawsuit with a potential loss reason. This research is an empirical legal research with statutory, conceptual, and case approaches. Subject of this research was administrative judges of Yogyakarta Administrative Court as primary data and analyzed qualitatively. The results showed that the judge could prove the potential loss as the basis of lawsuit by assessing the legal standing of plaintiff, whether plaintiff had an interest in the issuance of the state administrative decisions or not. Meanwhile, potential losses can be proven by means of a systematic interpretation between Article 53 of law number 9 of 2004 and Article 87 of law number 30 of 2014.
Implementasi Sertifikat Elektronik Sebagai Jaminan Kepastian Hukum Kepemilikan Hak Atas Tanah di Indonesia Nur Hidayani Alimuddin
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.509

Abstract

The occurrence of falsification of land certificates, multiple land certificates or overlapping land certificates and the rampant land mafia are the causes of various land disputes which will ultimately harm the citizen. This means that land rights certificates no longer provide legal certainty for the citizen. So basically the government does need a new legal breakthrough by the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates. The type of research used in this research is normative legal research (doctrinal legal research). The approach method in this study uses a statutory approach, an approach using legislation and regulations. The results of this study are the mechanism of the land registration system based on an electronic system will produce an output in the form of an electronic document in the form of an electronic certificate (e-certificate). The e-certificate will provide benefits to the citizen in the form of easy access to digital data and will be free from falsification of land certificates which are the basis for guaranteeing legal certainty for ownership of land rights.
Intergrated Criminal Policy: Peran Kementerian Agama Dalam Pencegahan Tindak Pidana Korupsi Jusafri Jusafri
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.506

Abstract

This research aims to determine the relationship between criminal law policies as an effort to prevent corruption and to analyze how the Ministry of Religion program should be in preparing programs for preventing corruption in relation to the Integrated Criminal Policy. So that the writing will discuss the relationship between criminal law policies as an effort to prevent corruption and an integrated criminal law policy or Integrated Criminal Policy can increase the role of the Ministry of Religion in preventing corruption. The approach used in this research is the statute approach to examine regulations related to the Ministry of Religion and the prevention of corruption, the conceptual approach, which is to move from the views and doctrines in criminal law related to criminal law policies. integrated (integrated criminal policy). Prevention of corruption which is explicitly stated in UNCAC, the KPK Law and the United Nations Convention on crime prevention is an effort outside of criminal law (non-penal) which is an inseparable part of criminal law policy. The social policy carried out by the Ministry of Religion in preventing corruption is an effort outside of criminal law (non-penal) and can balance the eradication of corruption through criminal law (penal) carried out by law enforcers. This kind of social policy is a manifestation of an integrated criminal law policy that can be carried out by the government.
Optimalisasi Fungsi Legislasi Badan Musyawarah Kampung Silambi, Erni Dwita; Samderubun, Fransiskus; Ruslan, Achmad; Halim, Hamzah
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.403

Abstract

This study aims to optimize the implementation of the legislative function in the village consultative organization. This study using sociolegal law research methods, data collection techniques used are interviews, direct observation, literature study. All data obtained from this study, both primary data, secondary data, and tertiary data, are then processed and analyzed qualitatively for further description in order to provide understanding by explaining the results of this study, ideally, it discusses and agrees on a village regulation draft from the right of initiative. The proposal purpose is to gather the aspirations from the village community and stipulated in a village regulation product. However, the implementation of proposals and designs proposed by the Village Deliberative Council was low, resulting in the lack of village regulations being produced. There are 179 villages in Merauke district, none of it has village regulation product initiatively.. The decline performance of the Village Deliberative Council will result in ineffective legislative functions. Appropriate regulations, namely renewal and improvement in terms of Quality, Quantity, Timeliness, Effectiveness, Independence, Environment, become benchmarks in optimizing the legislative function of Village Deliberative Council. Something questionable here is whether the village community can follow the changes or reject the changes.
Kebijakan Kriminal Perburuan Burung Wallacea Di Kepulauan Aru Yanti Amelia Lewerissa
SASI Vol 27, No 3 (2021): Volume 27 Nomor 3, Juli - September 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i3.310

Abstract

Hunting for birds in the Aru Islands as one of the Wallacea regions is a crime that must be overcome to prevent the destruction of Wallacea bird species in Indonesia. This study aims to analyze how the criminal policy of hunting Wallacea birds in the Aru Islands. The research method used is normative jurudic, i.e. analyzing library materials or searching documents related to the problem under study. The approach used is the statutory approach and conceptual approach. Source of data used are secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods are the study of literature and analyzed qualitatively. The results showed that hunting birds on the Aru Islands if left unchecked would threaten Wallacea bird species. Efforts to control the crime of bird hunting can be done by using means of punishment and non-punishment. Non-penal means that can be applied through the application of Sasi Cenderawasi and Sasi Walet as a form of local wisdom of the Aru people in maintaining the balance of nature in which they live. While the means of punishment through the application of legislation relating to hunting animals (birds). It is hoped that the Government can add forest police personnel or Nature Conservation Center officers, improve facilities / infrastructure as support activities for the protection and supervision of the nature reserve area. In addition, community participation must be increased through awareness to obey the Sasi rules as local wisdom.

Page 18 of 45 | Total Record : 447

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