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INDONESIA
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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Problematika Hak Atas Kewarganegaraan Kehormatan Honorary Citizenship Di Indonesia: Implementasi Dan Dampaknya Deden Rafi Syafiq Rabbani
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.v27i3.517

Abstract

The crucial problem in the context of honorary citizenship is related to the process of granting and the mechanism for obtaining special honorary citizenship status. This specificity has an impact on various important elements in regulating the citizenship of a country, both on the conditions, procedures for obtaining or granting mechanisms, to the enjoyment of the right to honorary citizenship. In Indonesia, through the presence of Law Number 12 of 2006 concerning the Citizenship of the Republic of Indonesia, the right to honorary citizenship is part of what is regulated in it. The aims of this paper include: First, to provide an analysis of the conception of honorary citizenship in citizenship law. Second, provide an analysis related to the implementation and impact of the regulation of honorary citizenship in Indonesia. Through a socio-legal approach and qualitative normative research accompanied by a comparative approach in the form of a micro comparison by looking at the substance and legal rules in detail, the results of the research are as follows: First, the concept of honorary citizenship can be seen through the dimensions of a country's citizenship regime based on legal arrangements, interests state, human rights factors and in state development, and the essential political values of a country. Second, with regard to the implementation and impact of the regulation of honorary citizenship in Indonesia, it affects 3 (three) conditions, namely (1) the conditions for obtaining honorary citizenship. (2) The authority to grant honorary citizenship. (3) In the context of losing honorary citizenship status status.
Fungsi Dewan Perwakilan Rakyat Daerah Kota Makassar pada Pembentukan Peraturan Daerah Responsif Ismail Ismail; Andi Pangerang Moenta; Zulkifli Aspan
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.v27i3.518

Abstract

This research aims to identify and analyze the implementation of the function of The Assembly at Makassar City Regional in the formatting of responsive regional regulation. The type of research used is socio-juridical with sociological juridical, statutory and conceptual approach. The results show that the The Assembly at Makassar City Regional is still less responsive to formatting regional regulations, because it is not selective in choosing the people's wishes and lacks polite politics in formatting of regional regulations which has the implication of producing less responsive regional regulations, especially regarding the setting of distances in measurement between traditional markets and/or modern markets.
Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima Hajairin Hajairin; Gufran Sanusi; Aman Ma’arij
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.v27i3.475

Abstract

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.
Cover SASI Vol. 27 No. 2, April - Juni 2021 Muchtar Labetubun
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

Ketahanan Pangan Masyarakat Adat Sebagai Wujud Pemenuhan Ham Dalam Masa Pandemi Covid-19 Josina Augustina Yvonne Wattimena; Vondaal Vidya Hattu
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.448

Abstract

This study aims to analyze and determine the food security of indigenous peoples during the Covid 19 pandemic and the legal implications of food security for indigenous peoples that were not fulfilled during the Covid 19 pandemic. This type of juridical normative research uses literature review based on theory, doctrine and norms laws relating to the issues discussed. This research is an explanatory analytical prescriptive by explaining the problems raised based on legal provisions, norms and theories and then analyzed qualitatively. In the end, we will draw a conclusion as an answer to the problems discussed. Based on the results of research on food security, indigenous peoples have been greatly affected by the COVID-19 pandemic. Moreover, the lands and territories of indigenous peoples have been under the control of companies exploiting their natural resources. Of course this will further exacerbate their rights to food needs. In international and national legal instruments, the State's responsibility to protect and fulfill their right to food has been formulated. The solutions to the various situations and conditions that hinder the implementation of State responsibility must be resolved. If the State does not immediately carry out its responsibilities related to basic rights such as the right to food, then the State will be deemed to have committed a violation and according to international law can be prosecuted.
Penegakan Hukum Terhadap Pelanggaran Protokol Kesehatan yang Dilakukan Masyarakat Pada Masa Pandemi Covid-19 di Kota Ambon Sherly Adam; Reimon Supusepa; Jacob Hattu; Iqbal Taufik
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.441

Abstract

This study aims: 1. To determine and analyze law enforcement against violations of health protocols during the Covid-19 pandemic in Ambon City. 2. To find out and analyze the application of sanctions for violations of health protocols committed by the community during the Covid-19 pandemic in Ambon City. This research was conducted using a normative juridical research using a statutory approach, a conceptual analysis approach which is a descriptive study of qualitative analysis. The results of this study indicate that Law Enforcement against violations of health protocols during the Covid 19 pandemic in Ambon City is carried out based on statutory regulations, by limiting Community Activities (PKM), Large-Scale Social Restrictions (PSBB) as a form of law enforcement against health protocol violations. during the Covid 19 pandemic in Ambon City through socialization in preventing the spread of the Covid 19 virus and Large-Scale Social Restrictions (PSBB) by applying sanctions against offenders. However, law enforcement against violations of health protocols has not been carried out properly. This is due to the fact that health protocol violations are still occurring in Ambon city. 2. Imposing sanctions for violations of health protocols during the COVID-19 pandemic in Ambon city which is regulated in the Ambon City Mayor's Regulation on PSBB by applying written warning sanctions, administrative sanctions, social sanctions and criminal sanctions to violators. However, the application of sanctions against violators has not provided a deterrent effect on health protocol violators.
"JUSTICE ASPECTS IN THE OUTSOURCING WORK AGREEMENT IN THE MIDDLE OF THE COVID-19 PANDEMIC" Agustina Balik; Novyta Uktolseja
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.452

Abstract

Many businessmen stated that it was difficult to survive during the Covid-19 pandemic situation which resulted in them having made layoffs, even providing unpaid leave or being sent home. This was done solely so that the company could survive the Covid-19 pandemic. Related to the Covid-19 pandemic problem which resulted in workers being laid off and sent home, it is deemed that it does not fulfill a sense of justice for the workforce. This is because the layoffs given to workers are felt to be very sudden, especially since workers do not make mistakes that could harm the company. Therefore, the aim of this research is to study and analyze aspects of fairness in outsourcing work agreements in the midst of the Covid-19 pandemic. The method used in this study is a normative juridical method using primary and secondary legal materials through a statute approach and a conceptual approach. The existing legal materials are then analyzed qualitatively in order to answer the existing problems. The results show that if the principles of justice put forward by the principles governing the state of workers who are laid off and sent home during the Covid-19 pandemic, then they should be treated fairly, so as to fulfill a sense of justice for the workforce. The respect given by the company to the workforce by giving what is rightfully the workforce can proportionally make the workforce accept the company's decisions gracefully, even though this is not in accordance with the work agreement that has been previously agreed. This can be applied and implemented that the Covid-19 pandemic is an overmacht, which cannot be avoided by anyone.
Legalitas Perjanjian Kerja Sama Luar Negeri Pemerintah Daerah Di Masa Pandemi Covid-19 Efie Baadilla; Dyah Ridhul Airin Daties
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.543

Abstract

The aims of this study is to analyze the legality of regional foreign cooperation agreements during the COVID-19 pandemic. This research is a normative juridical study, with the type of library research. In order to support this research process, the approach used is a statute approach and a conceptual approach. The results show that the legality of the regional government foreign cooperation agreement is related to the status of the regional government which is an extension of the central government through regional autonomy given the authority to carry out international cooperation through an agreement. This authority must be exercised by taking into account the potential of natural resources and the needs of the community, especially during the COVID 19 pandemic.
Fulfillment Of The Rights To Basic Education In Ambon City During The Covid-19 Pandemic Lucia Charlota Octovina Tahamata; Welly Angela Riry
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.444

Abstract

Fulfilling of the Right to Education is a part of Human Rights. The right to education has become important in line with government policies to work from home during the Covid 19 pandemic. During the Covid-19 pandemic the learning process uses two learning methods, namely the online method and the offline method. Two learning methods are used for learning but the process has not been implemented optimally by both teachers and students, there are always obstacles faced. The purpose of this study was to determine and study the fulfillment of the right to basic education during the Covid 19 pandemic. The authors conducted research at the Department of Education and Culture of Elementary Schools and Junior High Schools in Ambon City using empirical research methods, data collection techniques through interviews and observations to students. Based on the results of the research conducted, the authors found that the distance learning system in schools in Ambon City was not optimal due to facilities and infrastructure and mastery of technology. which is still low. Fulfilling the right to education requires the involvement of all parties, namely the government, educators, students and parents to work together in the teaching and learning process during the Covid-19 pandemic. The government, educators, students and educational administering institutions at a practical level must strive to develop learning methods with good digital literacy skills so that they need to be improved through trainings using media for online learning for both educators, students and parents
Fulfillment of Children's Health Rights in Ambon City During The Covid 19 Pandemic Veriena Joseva B Rehatta; Wilshen Leatemia; Tomy Palijama
SASI Vol 27 No 2 (2021): Volume 27 Nomor 2, April - Juni 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i2.442

Abstract

Many challenges that can affect children's health, including access to health services, health disparities, social, cognitive, and emotional factors both in the family and society, environmental factors, especially poverty, and of course the Covid-19 virus are the main problems today. This study aims to see how the role of ambon city government in dealing with health problems in children during the Covid-19 pandemic and how the role and responsibility of the community in looking at health development in children during the Covid-19 pandemic. This research was conducted using a juridical approach emperis which is a descriptive study of qualitative analysis. The research seeks to illustrate how the Fulfillment of Children's Health Rights in Ambon City During the Covid-19 Pandemic. The workings of empirical juridical or sociological juridical methods in this research proposal are from the results of the collection and discovery of data and information through literature studies on the assumptions or basic assumptions used in answering the problems in this research, then conducted inductive-verifikative testing on the latest facts contained in society. The results of this study indicate that in the handling of the Covid-19 Pandemic children in Ambon, it went well according to the Health protocol, as well as the services provided by the health officers at the puskesmas and the Ambon City Health Service to the exposed children, all were examined and treated properly. But there are also parents who do not bring their children to do an examination if they feel symptoms of Covid-19. Therefore, the status of being exposed to Covid-19 in children is not so much because of the fear of parents to have their children checked.

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