SASI
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.
Articles
438 Documents
<![CDATA[Optimizing Regional Governance in Batam City Government-Business Entity Institutional Dualism ]]>
<![CDATA[Respationo, Soerya]]>;
<![CDATA[Thapa, Nar Yan]]>
<![CDATA[ SASI Volume 30 Issue 1, March 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v30i1.1869
<![CDATA[Introduction: The development of special areas of Batam began in the 1970s. With the support of special regulations made by the central government, Batam City becomes a competitive place for investment in Indonesia. Moreover Batam has geographical advantage because of its strategic location and adjacent to Malaysia and Singapore.Purposes of the Research: The research examines the legal framework governing the relationship between the Batam City Government and Batam Concession Agency, identifying overlap and potential conflicts, and promoting synergy with the Batam Business Entity.Methods of the Research: The study approach employed. Secondary data is used in this normative legal research strategy.Results of the Research: Research suggests that the legal structure between Batam City Government and Batam Concession Agency should promote cooperation and collaboration. In practice, overlapping jurisdiction areas might leave unclear and confusing duties and responsibilities for each entity. They were fulfilling each entity's duties. Overlapping zones can interfere with development and public services and cause institutional conflicts. The legal framework may require clarity or amendment to improve the interaction between the Batam City Government and the Batam Concession Agency. Optimize local government, for optimal local government, the law must assist the Batam City Government, and Batam Concession Agency cooperate. Batam City and Batam Concession Agency labor together cooperatively. Batam City and Batam Concession Agency collaborate.]]>
<![CDATA[Justice Connectivity in the Criminal Prosecution of Human Trafficking ]]>
<![CDATA[Saimima, Ika Dewi Sartika]]>;
<![CDATA[Sanaky, Mochammad Syafruddin Rezky]]>
<![CDATA[ SASI Volume 30 Issue 1, March 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v30i1.1828
<![CDATA[Introduction: The involvement of members of the army of the Republic of Indonesia and The Police of the Republic of Indonesia became a special obstacle in the handling of human trafficking cases. The difficulties are due to the existence of special regulations governing the courts applicable to members of the Indonesian army who commit criminal acts.Purposes of the Research: The case may be dealt with in conjunction with a criminal offense of trafficking in persons, given that the offense has fulfilled the element of involvement (also, deelneming) or jointly (mede dader) between a civilian and a person with military status in the criminal offense of trafficking.Methods of the Research: The research used normative jurisprudence, focusing on primary legal material such as Act No. 21 of 2007 on Punishment of Trafficking in Persons, Law No. 31 of 1997 on Military Justice, and Law No. 2 of 2002 on the State Police of the Republic of Indonesia. The research was descriptive-analytical, interpreting the law according to its context and analyzing its results in a qualitative, descriptive manner. Secondary legal material included publications on human rights protection, particularly those relating to women and children. The fact approach was used to study human trafficking facts and provide critical analysis. Library documents, books, and journals were also analyzed. Data analysis involved document study techniques and qualitative analysis, with the results and author's analysis of relevant theories.Results of the Research: The article addresses the Indonesian Army and Police's involvement in human trafficking offenses, emphasizing the intricacies and problems of prosecuting such instances. The author believes that the judicial system must promote justice and openness in such circumstances. The Indonesian legal system recognizes both military and civilian jurisdiction over crimes committed by military personnel, but implementation gaps cause uncertainty and delays in judicial processes. Handling crimes involving several institutions necessitates close teamwork, particularly among the Indonesian army and police. The mechanism to facilitate collaborative processing of human trafficking cases is connectedness justice, which decides which court has the authority to punish members of the Indonesian army for human trafficking.]]>
<![CDATA[The Importance of Institutional Arrangement to Safeguard Maritime Security and Safety in Indonesia: The Case of Marine Security and Safety Agency ]]>
<![CDATA[Omara, Andy]]>
<![CDATA[ SASI Volume 30 Issue 1, March 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v30i1.1789
<![CDATA[Introduction: Multiple agencies approach has been adopted by the Indonesian government to ensure maritime security and safety. The involvement of multiple actors potentially leads to overlapping authorities and an uncoordinated operation. For stakeholders at sea, such approach is inefficient, ineffective and creates confusion. The situation needs to be addressed to make more a coordinated, efficient, and effective method. This paper tries to address such an issue through institutional law lens.Purposes of the Research: This paper aims to answer three important questions (1) How is the enforcement of security and safety at sea so far? (2) What are the implications as the many institutions involved in the enforcement of safety and security at sea? and (3) What kind of institutional arrangements to be made in the future so that law enforcement at sea becomes effective and efficient?.Methods of the Research: This study utilizes a normative legal approach. It exercises legal doctrines, relevant laws and regulations. It is also suplemented by relevant literatures, books, journals, and media coverages.Results of the Research: This paper finds that the enforcement of security and safety at sea adopts multi agencies where many institutions involved in maintaining security and safety at sea. The fact that multiple institutions simultaniously participate in law enforcement at sea, potentially create overlapping and lack of coordination among them. This also creates confusion and disadvantage to the stakeholders. Therefore, it is necessary to reorganize the current institutional arrangements to minimize the problems on the ground.]]>
<![CDATA[The Philosophical of the Role of the Constitutional Court Related to the Certainty of Gender Equality Rights in Indonesia ]]>
<![CDATA[Artina, Dessy]]>;
<![CDATA[Saragih, Geofani Milthree]]>;
<![CDATA[Lailam, Tanto]]>
<![CDATA[ SASI Volume 30 Issue 1, March 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v30i1.1765
<![CDATA[Introduction: In the agenda of the supremacy of law in Indonesia, one of the tangible manifestations carried out is the establishment of the Constitutional Court in 2003. One of the powers of the Constitutional Court is judicial review which has a major role and influence in upholding human rights. The Purposes of the Research: The purpose of this study is to analyze especially from the philosophical perspective of the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia. The main research authority is judicial review.The Methods of the Research: The research method used in this study is a normative research method with a legal and philosophical approach. The method and approach will be used in examining the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia.Results of the Research: A series of Constitutional Court decisions, including Number 22-24/PUU-VI/2008, demonstrates Indonesia's commitment to gender equality. These rulings changed election systems, ensuring equal opportunities for all candidates. The Court nullified affirmative action provisions in Law No. 10 of 2008, shifting from a 30% female representation goal. Decision Number 20/PUU-XI/2013 strengthened gender equality in politics, while Decision Number 82/PUU-XII/2014 supported women's electability in leadership roles. Decision Number 22/PUU-XV/2017 addressed gender-based discrimination in the Marriage Law. These decisions show the Constitutional Court's role in promoting gender equality, yet ongoing efforts are needed for further progress.]]>
<![CDATA[Comparing an Individual Limited Liability Company in Indonesia and a Single-Member Limited Liability Company Owned by an Individual in Vietnam ]]>
<![CDATA[Pangesti, Shinta]]>;
<![CDATA[Pasaribu, Debora]]>;
<![CDATA[Puteri, Elisabeth Ryanthie Maya]]>
<![CDATA[ SASI Volume 30 Issue 1, March 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v30i1.1735
<![CDATA[Introduction: The recognition of Individual LLCs is a concrete step from the government to support micro and small enterprises, which triggers Indonesia's economic growth. However, improvements to the regulation of Individual LLCs are needed immediately. Purposes of the Research: The research aims to explain and analyze the regulatory comparison of an Individual LLC in Indonesia and a Single-Member LLC owned by an Individual in Vietnam.Methods of the Research: The type of research is normative legal research with statutory and comparative approaches. Data was collected using library research with qualitative analysis.Results of the Research: The results can see from various aspects, such as the definition, company establishment, organizational structure, rights and obligations of company founders, and conversion. In Indonesia, the definition is outlined in Regulation of the Minister of LHR Number 21/2021, while in Vietnam is regulated in Law on Enterprises 2020. An Individual LLC in Indonesia can only establish by an individual, whereas in Vietnam, the owner of the Single-Member LLC can be an organization or an individual. Indonesia only knows the Company's Director, while there are President and a Director/General Director in Vietnam. The rights and obligations of the owner of an Individual LLC in Indonesia are not explicitly regulated, while Vietnam regulates it. It's possible to convert only an Individual LLC into a Capital Partnership LLC in Indonesia, while in Vietnam, it is possible to change either way. Evaluation and improvement of the regulation of Individual LLCs in Indonesia are urgently needed to create a firm legal umbrella for micro and small business actors.]]>
<![CDATA[Civil War in Yaman: Do Women and Children Have Human Rights Protection? ]]>
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Rahmanita, Fadhilah]]>;
<![CDATA[Ode, Mahazanni Najwa Al-Asyifa]]>
<![CDATA[ SASI Volume 30 Issue 1, March 2024 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v30i1.1702
<![CDATA[Introduction: This article delves into the intricacies of the Yemen civil war, focusing on the human rights situation affecting women and children. The analysis underscores the severe challenges in safeguarding their rights due to limited access to essential services caused by the conflict. The article examines ongoing programs and policies to strengthen protection measures and reinforce global awareness of vulnerable populations in Yemen. Purposes of the Research: The research is dedicated to analyzing the gravity of the human rights crisis in civil war, especially for women and children. Highlighting the hardships they experience, proposing pragmatic solutions, and increasing international recognition of their plight. Identifying gaps in existing protection mechanisms, this research advocates for cooperative strategies that can ease the burden faced by the Yemeni and nurture a more promising future.Methods of the Research: Utilizes normative and legal methodologies to comprehensively explore the protection of human rights. A complete understanding of the challenges faced through a descriptive methodology, incorporating a literature review and case studies. Research information was drawn from relevant legal documents, media reports, and policy analysis.Results of the Research: The findings of this research unequivocally reveal that Yemeni women and children face enormous obstacles in securing their human rights in armed conflict. Acts such as murder, rape, and recruitment of child soldiers exacerbate this already dire situation. Engaging government and civil society efforts are urgently needed to advocate for and ensure the well-being of Yemeni women and children during this protracted conflict.]]>
<![CDATA[Ius Constituendum Formulating Basic Values of Indigenous Peoples in Constitutional Amendments ]]>
<![CDATA[Buana, Andika Prawira]]>;
<![CDATA[Khalid, Hasbuddin]]>;
<![CDATA[Ma’ruf, Tri Abriana]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1881
<![CDATA[Introduction: Regulation of Customary Law Communities in a state constitution is important to guarantee their existence and guarantee their protection. The regulation of Indigenous Law Communities in the constitution is also intended so that the regulations under the constitution can be in line with the constitution in facilitating Indigenous Law Communities.Purposes of the Research: The aim of this research is to formulate the basic principles of MHA which must be regulated in the constitution as well as efforts to amend the constitution to formulate the basic principles of MHA in the constitution.Methods of the Research: Normative legal research using case, concept and legislative approaches.Results of the Research: The basic principles of MHA that need to be formulated in the constitution include various basic values of MHA, such as having customary legal norms, having ulayat rights or traditional rights related to natural resource management, and having traditional apparatus with various characteristics that exist in each MHA. Revision of Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia as an effort to amend the constitution to include the basic principles and values of the MHA can be carried out by including basic values and principles in the MHA which include: the existence of customary legal norms, having customary rights or related traditional rights. With natural resource management, as well as having traditional apparatus with various characteristics that exist in each MHA..]]>
<![CDATA[Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982 ]]>
<![CDATA[Tuhulele, Popi]]>;
<![CDATA[Waas, Richard Marsilio]]>;
<![CDATA[Makatita, Afrizal Anshari]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1790
<![CDATA[Introduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago.Purposes of the Research: To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS.Methods of the Research: This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis.Results of the Research: The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.]]>
<![CDATA[The Legal Consequences of Transferring Trade Secrets on Under Hand’s Scheme ]]>
<![CDATA[Suhardin, Yohanes]]>;
<![CDATA[Sitorus, Rolib]]>;
<![CDATA[Khuan, Hendri]]>;
<![CDATA[Manullang, Sardjana Orba]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1785
<![CDATA[Introduction: Unauthorized transfer of trade secrets can harm the owner, cause financial loss, damage reputation and trigger legal action. In the era of globalization and technology, the transfer of trade secrets is increasingly urgent to be legally regulated. Legislation has been implemented in various countries to protect trade secrets, but the legal consequences vary. The repercussions involve financial loss, reputation, legal action and ethical business considerations.Purposes of the Research: The purpose of this study is to investigate and analyze the process of identifying and handling the transfer of trade secrets under the hand in Indonesian legal practice. This study also aims to understand the legal consequences that apply to the perpetrators of private transfer of trade secrets in the Indonesian legal system. Methods of the Research: This research uses normative legal research methods to analyze statutory regulations, court decisions, and legal literature related to the private transfer of trade secrets. A statutory approach helps understand the applicable legal framework. Data sources include various legal documents and legal literature, with data collection techniques focusing on document analysis and literature study. Data analysis involves identifying trends and legal implications of cases related to private transfer of trade secrets in the Indonesian legal context.Results of the Research: The process of identifying and handling illegal transfers of trade secrets in Indonesia is an important step in protecting business and industry. It covers the steps from identification to prosecution, with reference to regulations such as the Trade Secret Act. Trade secrets must be confidential and have economic value. Prevention through internal security policies and employee training is also necessary. Perpetrators of the transfer of trade secrets may face civil, criminal and administrative actions in accordance with applicable law, with consequences including criminal sanctions, demands for compensation and confiscation of goods or documents. Protection is also given to whistleblowers in good faith. Internal policies, nondisclosure agreements, and consulting legal advisors are important for protecting trade secrets. All parties must understand and comply with the law to maintain business integrity in Indonesia.]]>
<![CDATA[The Protection of Human Rights in the Case of Non-Criminal Narcotics Users ]]>
<![CDATA[Laksana, Andri Winjaya]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1779
<![CDATA[Introduction: Narcotics use as a complex global issue has an impact on human rights, especially in the context of criminal law. Although some countries, including Indonesia, are beginning to recognize human rights protections in non-criminal narcotics use, the main challenge is striking a balance between strict regulation and appropriate protection for individuals who need narcotics for treatment or non-criminal purposes. Purposes of the Research: The aim of this research is to analyze relevant laws and regulations and related practices in protecting human rights in the case of non-criminal narcotics users. Methods of the Research: This research uses normative legal research methods to analyze laws and regulations related to non-criminal narcotics use. Data sources include statutory documents, court decisions, and legal literature. Data analysis will look for patterns and evaluate regulatory compliance with human rights principles.Results of the Research: To protect human rights in cases of non-criminal narcotics use in Indonesia, legislation plays an important role, although challenges such as abuse of power and social stigma remain. Cooperation between government, NGOs and civil society is needed to implement existing regulations and increase public understanding of human rights. Indonesia needs to find a balance between strict narcotics regulations and protecting individual rights. This involves clear definitions for “non-criminal” narcotics, fair law enforcement, as well as safeguarding individual privacy. The challenges involve racial and social injustice in drug law enforcement and require an evidence-based approach that engages diverse stakeholders. Continuous research and analysis is needed to support better policies to address the narcotics problem.]]>
