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Yohanes Michael
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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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Pengobatan Alternatif Tradisional Untuk Mencegah Penularan Covid-19 Menurut Perspektif Hukum Kekayaan Intelektual Di Kota Ambon Ronald Saija; Teng Berlianty; Pieter Radjawane
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.v27i2.438

Abstract

The success of vaccine development, one of the experiments to cure this virus, namely Traditional knowledge for most people has an important role for food security and the health of millions of people in developing countries. The purpose of this study was to determine and analyze the important role of the creator of traditional alternative medicine concoctions to prevent the transmission of Covid 19 in Ambon City, and the form of legal institutions by the Maluku Provincial Government to grant patents to the creators of traditional alternative medicine concoctions as local wisdom in handling treatment to prevent transmission. covid 19 in Ambon city. This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. The results showed that people in developing countries depend a lot on traditional medicine for up to 80% of their health needs. In addition, knowledge about health plants has become a source of modern medicine. The importance of the Government and society's attention to traditional knowledge and technology systems in Indonesia, especially in the field of herbal medicine. The occurrence of various polemics that often occur in the lives of indigenous peoples related to traditional healing for patients to prevent Covid-19 transmission in Ambon City.
Perlindungan Konsumen Terhadap Peredaran Produk Kesehatan Ilegal di Era Pandemik Covid-19 Di Kota Ambon Theresia Louize Pesulima; Jenny Kristiana Matuankotta; Sarah Selfina Kuahaty
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.v27i2.453

Abstract

This study swapped to know and analyze the protection of the law against consumen over the illicit circulation of health products in the covid-19 pandemic in the city of Ambon and the takes of the territory of the illegal health products in the covid -19 pandemic in the city of Ambon. The study was a sociolegal research. Which is the combination of research methods of doctrinal law research and empirical law research methods. The study was conducted in the municipal administration of Ambon, in the city of Ambon health services, in the industry and commerce of the province of Maluku and in the large hall of the Maluku drug and food centers. This type of data is primer data and seconder data through literature studies and interviews shown by the study shows that quality monitoring in done by both preventive and repressive governments in the pandemic covid-19 of Ambon, it is a legal protection for consumers against illegal health products that are unqualified and consumer helath standards and health that are circulated on the market according to prevailing legislation regulations.
Hak Atas Informasi, Edukasi Dan Pelayanan Kesehatan Terhadap Masyarakat Adat Di Maluku Selama Pandemi Covid-19 Arman Anwar; Richard Marsilio Waas
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.v27i2.454

Abstract

The main objective of this research is to determine the fulfillment of the right to information, education and health services to indigenous peoples carried out by the Maluku Provincial Government and the relationship patterns that need to be built through the Maluku Provincial Government's public policies towards indigenous peoples so that dynamic interactions can be established in an effort to accelerate the spread of the virus. Covid 19 at the local level. The research was conducted using the Social Legal Research method. Approach the problem using a statutory approach, and concepts. The results of this study found that the Maluku Provincial Government has carried out its responsibilities in fulfilling the right to information, education and health services to indigenous peoples, but it is still not optimal. Likewise, a public policy framework that favors the interests of indigenous peoples as a form of protection for the vulnerability of indigenous peoples from the dangers of the spread of the Covid-19 virus is also not optimal. The Maluku Provincial Government needs to formulate a formulation of a public policy framework that is oriented towards the goal of fulfilling the basic rights of indigenous peoples during the Covid-19 pandemic. The vulnerability of indigenous peoples needs to be protected with the political will of the Maluku Provincial government through budget politics, preparation of human and material resources and infrastructure that supports performance achievement in fulfilling the right to information, education and health services to indigenous peoples at the local level.
Penggunaan Asas Beban Pembuktian Terbalik sebagai Penyelesaian Perkara Kesalahan yang Dilakukan Oleh Dokter Randika Fitrah Darmawan; Slamet Sampurno Soewondo; Sabir Alwi
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.v27i2.426

Abstract

This study aims to identify and analyze criminal procedural law arrangements in resolving cases of wrongdoing committed by doctors; and legal protection for patients in reverse proof of the settlement of wrongdoing by doctors. The research method used is normative juridical research, the type of research is descriptive analytical. The source of legal materials is primary and secondary legal materials. The technique of collecting legal materials is carried out by library research on legal materials, both primary legal materials, secondary legal materials, to complement the legal materials collected, interviews are conducted with experts or resource persons selected based on the authority exercised by the relevant In this paper, analysis of legal materials is descriptive qualitative, namely identifying primary and secondary legal materials that will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematizing, to make it easier to analyze these problems. Based on the analysis, the authors conclude several things, including: (1) the system of proof of criminal procedural law in the process of resolving a case of wrongdoing committed by a doctor still uses the usual burden of proof as stated in article 66 of the criminal procedural code ( KUHAP); (2) providing legal protection to patients under the burden of proof reversed on the settlement of wrongdoing committed by doctors can be seen using: 1. Philosophical Approach, 2. Juridical Approach, 3. Theoretical Approach, and 4. Social Approach.
Menelaah Keadilan dalam Kebijakan Penanggulangan Illegal Fishing Di Indonesia: Perspektif Konsep Keadilan Thomas Aquinas Mashuril Anwar; Rini Fathonah; Niko Alexander
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.v27i2.357

Abstract

Justice is still an expensive item that is difficult to reach by every level of Indonesian society, including local fishermen who do illegal fishing. The criminal law policy in tackling illegal fishing which is represented in the Fisheries Law is not proportional and does not have a clear measure. Therefore, in the case of illegal fishing, a discourse of justice is attached. Related to the concept of justice offered by Thomas Aquinas, which emphasizes equality, justice, and the policy of tackling illegal fishing in Indonesia, it is interesting to discuss. This article aims to examine funds to analyze the concept of Thomas Aquinas 'philosophy of justice and to explore justice in the policy of tackling illegal fishing in the perspective of Thomas Aquinas' philosophy of justice. In order to answer these problems, this study uses a normative juridical method. Based on the research results, the concept of justice offered by Thomas Aquinas consists of distributive, commutative, and indicative justice. The essence of Thomas Aquinas' three concepts of justice is proportional to equality. Associated with Thomas Aquinas' concept of justice, the policy to combat illegal fishing in Indonesia has not provided justice. It is said that because the sanction for deprivation of freedom in the Fisheries Law only applies to local fishermen and has not reached foreign fishermen who do illegal fishing. In order to be fair, the sanction of deprivation of liberty should not apply to local fishermen who do illegal fishing as well as foreign fishermen.
Cover SASI Vol. 27 No. 1, Januari - Maret 2021 Muchtar Anshary Hamid Labetubun
SASI Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

Refund Akibat Pembatalan Tiket Pesawat sebagai Dampak Pandemi Covid-19 Rory Jeff Akyuwen
SASI Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.545

Abstract

As a result of events experienced by almost the entire world, namely the outbreak of the Covid-19 pandemic which caused almost all public facilities for sea and air transportation to be closed unilaterally by the local government, one of which is that airlines unilaterally cancel airplane tickets to consumers due to the outbreak of the Cocid-19 pandemic. The purpose of this study is to examine the impact that occurs on flight ticket cancellations due to the Covid-19 pandemic. The research method used in this research is normative legal research which is descriptive analysis based on secondary data. The results show that transportation policies during the Covid-19 pandemic have been regulated in laws and regulations related to transportation control in order to prevent the spread of the Covid 19 Virus which has an impact on the unilateral cancellation of airplane tickets by airlines as the reason for Force Majeure because it is a non-natural event. which is unexpected, so this is the responsibility of the airline as a business actor for compensation to consumers for cancellation of plane tickets due to the Covid 19 pandemic on a refund in the form of a full refund (100%) or in the form of airplane ticket vouchers.
Penyelesaian Sengketa Hak Ulayat pada Kawasan Hutan Adonia Ivonne Laturette
SASI Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.504

Abstract

Customary law communities are one of the legal subjects of the state that are recognized in statutory regulations. Customary law communities have a multidimensional relationship with customary rights, not just an economic resource, but an integral part of the overall life of the customary law community. This research aims to study and analyze the settlement of disputes by indigenous peoples over land exploitation which is customary rights in the Forest Zone. The research method used in this research is normative juridical research, namely the method of doctrinal law research by examining and examining the provisions of the applicable laws and regulations as a basis for later analyzing the problems being studied. Based on the results of the research that the importance of the role of land in human life, land becomes an object that is prone to disputes or disputes between humans, this happens because human needs for land are increasing, land can cause disturbances and involve the community at large, so it is demanded to handle it appropriately. The parties involved and authorized to deal with the issue of customary rights in the forest area of indigenous peoples, resolve it in various ways. The method of dispute resolution that has been taken so far is through court (litigation). Over time, dispute resolution through deliberation is increasingly being carried out. Land disputes, which are more related to issues of interest or interest of the parties, are relatively easier to resolve through deliberation as long as both parties are open to each other and want the best solution for all parties.
Covid-19 Sebagai Bentuk Overmacht dan Akibat Hukumnya Terhadap Pelaksanaan Perjanjian Kredit Merry Tjoanda; Yosia Hetharie; Marselo Valentino Geovani Pariela; Ronald Fadly Sopamena
SASI Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.447

Abstract

The study is aimed at identifying and analyzing covid-19 as a form of relative overmacht and as a result of the overmacht law in the credit agreement and the policy of ending the credit agreement as a result of the covid-19 pandemic. The study method used in this study was normatif juridical, a doctrinal law study method by examining and studying the regulations of legislation that served asa basis for then analyzing the issues discussed. The study is analytical by using primary and secondary legal materials through the study of related documents and literature. The analysis used in the study is qualitative analysis to address the issues discussed. According to research, the covid-19 is a non-natural disaster that can therefore be categorized as overmacht measurement. As a form of overmacht relative, the result of the law of the spread of covid-19 as the overmacht relative to the credit agreement is that the debtor still has to fulfill his obligations to the debtor after the covid-19 is over. In its implementation based on POJK 11/2020, the debtor is given credit relief through restructuring in accordance with the form of restructuring issued by the bank in the form of lowering interest rates, extension of term, reduction of principal arrears, reduction of interest arrears and other forms according to verification and analysis of the bank on affected debtors covid-19.
MODEL PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP DALAM MEWUJUDAN GOOD GOVERNANCE Agung Budi Prastyo; Rodhi Agung Saputra; Dauri Dauri; Ricco Andreas
SASI Vol 27 No 1 (2021): Volume 27 Nomor 1, Januari - Maret 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v27i1.419

Abstract

This research is a research that aims to identify and examine the application of authority related to environmental management in Way Kanan Regency and to find a model of good environmental supervision and management in the district by the Environment Agency in realizing good governance. The method used in this study is a normative-empirical research method using a statute approach and in-depth interviews. The findings of this study are that the implementation of the authority of the environmental services in the regions is not optimal so that environmental damage occurs and the model of environmental protection and management, waste and waste that uses the principles of good governance is optimal. It is hoped that future regulations related to the authority of the environmental services in the regions must have broad powers, covering aspects of planning, implementation, supervision and law enforcement. Its duties and functions must integrate the coordination and operational functions, and there is a clear arrangement of relations between institutions related to environmental management.

Page 20 of 46 | Total Record : 460

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