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Contact Name
Muchtar A H Labetubu
Contact Email
mahlabetubun@gmail.com
Phone
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Journal Mail Official
jurnalsasi@gmail.com
Editorial Address
Lantai 2 Fakultas Hukum Universitas Pattimura Jalan Ir. M. Putuhena, Kampus Poka, Ambon, Maluku 97233, Indonesia.
Location
Kota ambon,
Maluku
INDONESIA
SASI
Published by Universitas Pattimura
ISSN : 16930061     EISSN : 26142961     DOI : https://doi.org/10.47268/sasi
Core Subject : Social,
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
KEBIJAKAN PEMERINTAH KABUPATEN SIAK TERHADAP PEMBERDAYAAN PEREMPUAN SEBAGAI PEMOTONG GETAH KARET (KAJIAN DI KAMPUNG TELUK MEREMPAN KECAMATAN MEMPURA KABUPATEN SIAK) Dessy Artina; Mexsasai Indra; Muhammad A. Rauf; Nur Ainun
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.v27i1.415

Abstract

Indonesia is a constitutional state as stated in Article 1 Paragraph 3 of the 1945 Constitution and adheres to the concept of the rule of law. Indonesia is a democratic country that upholds the values of justice. Siak Regency is one of the districts in Riau Province which is synonymous with Malay culture. The values of local wisdom are still very thick in the life of the Malay people in Siak. The constitutional rights of citizens are regulated in the 1945 Constitution. In relation to fighting for constitutional rights, it cannot be denied that gender issues are an inhibiting factor for the development of society, especially for women. This is also an implication of the lack of system support that accommodates women in honing their potential and creativity, especially in rural areas. Therefore this paper is present as an emotional outpouring of questioning the role and involvement of women in the Merempan Hilir area to improve quality. family life through the agricultural sector built on the basis of rational arguments. The agricultural sector is the main sector that gets great attention and hope in rural communities and this agricultural sector is the main sector of livelihood for the people of the area. this is based on the characteristics of Indonesia as an archipelagic country which incidentally has an agrarian style, so that agricultural activities have become a tradition that is still well preserved today. However, the problem in the life of rural communities in general is the limited access to potential sources in an area. The type of research used is sociological legal research. This paper is the result of research made in the form of a final report and writing in this journal.
Problematika Pengujian Peraturan Perundang-Undangan Di Mahkamah Agung ( Kajian Terhadap Putusan Mahkamah Agung No. 65 P/HUM/2018) Suparto Suparto
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.v27i1.417

Abstract

The Supreme Court (MA) decided that candidates for members of the Regional Representative Council (DPD) from political party administrators for the 2019 Election were still allowed, even though previously the Constitutional Court (MK) had banned it (Decision No. This conflict is due to differences in interpreting the timing of the implementation of the ongoing 2019 Election stage process. The Constitutional Court stated that the decision was enforced since the 2019 Election and this was not retroactive. Because it is still at the Provisional Candidate List (DCS) stage, so it is possible to change regulations. Meanwhile, the Supreme Court considers that the Constitutional Court's decision must be enforced after the 2019 Election or apply in the future (prospective), because the stages have been running, so that changes in requirements can be made The legal implication that occurs is that there is legal uncertainty for the General Election Commission (KPU) to follow which decision. To solve this problem can be used the doctrine of validity (enforceability of norms). The existence of a hierarchy of legal products being tested and a basis for testing certainly has a legal consequence of the existence of a hierarchy of norm validity in the decisions of the Supreme Court and the Constitutional Court. When there is a conflict between the Supreme Court decision and the Constitutional Court, the verdict with the basis and object of examination in the hierarchy of laws and regulations that is higher, namely the Constitutional Court decision, has a higher validity than the Supreme Court decision. So that problems like this do not exist anymore, testing of laws and regulations should only be carried out by one institution, namely the Constitutional Court.
Standardization and Standard Essential Patents for Public Good: Application in Automotive Industry Soumya Prakash Patra; K. D. Raju
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.v27i1.402

Abstract

The majority of patents related to automotive safety systems are owned by a limited number of companies. Absorption and implementation of such innovations in large markets require solutions that would go beyond what is protected through exclusive means viz. patents. Taking learnings from the field of communication, wherein by implementing what is known as standard-essential patents, a horizontal deployment of a similar concept is required in other areas, most notably, automotive safety systems is necessitated. This study aims to explore the need for a practical approach to a broader technological, commercial, and social cause.
PENYALAHGUNAAN DATA PRIBADI SEBAGAI BENTUK KEJAHATAN SEMPURNA DALAM PERSPEKTIF HUKUM SIBER Sahat Maruli Tua Situmeang
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.v27i1.394

Abstract

This study aims to determine the regulations regarding the legal protection of the use of personal data in an effort to provide legal certainty to the public and the role of law enforcers in preventing criminal acts of misuse of personal data in the future from the perspective of criminal law reform through normative juridical research methods. Based on the results of the research, it shows that in order to create legal certainty, it is necessary to establish a law that regulates specifically, clearly, structured and comprehensively regarding the protection of personal data and harmonizes existing laws and regulations governing personal data protection as well as clear mechanisms related to coordination between enforcers. law. In this regard, the researcher proposes that there should be the formation of norms regulating criminal sanctions in their enforcement as a deterrent effect as well as reconstruction and reformulation of norms in the regulations regarding personal data protection that are currently in effect.
Menggagas Peradilan Etik Penyelenggara Negara Di Indonesia Harmoko M. Said
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.v27i1.266

Abstract

The more complex the problems of state governance are so that corruption, collusion and nepotism are increasingly becoming serious concerns. As for the purpose of this writing is to develop the science of constitutional law in the field of state administration ethics considering the development of an increasingly democratic Indonesian society, demanding an ethical justice system that is effective, efficient, professional, transparent, accountable and reliable for public officials and aims for the rule of law paradigm. law is in line with the rule of ethics paradigm. The type of research used is juridical normative, namely explaining various literatures and / or literature. research results in initiating ethical judiciary for state administrators in Indonesia, due to the increasing number of ethical code enforcement agencies in each branch of power. The Rule of Etich is an instrument that must be implemented for all citizens in the life of the nation and state, in initiating an ethical court in Indonesia it is very urgent. The urgency of establishing an ethical judiciary in Indonesia is due to philosophical factors as reflected in the Pancasila that all five precepts are ethical grounds, juridical factors as regulated in the 1945 Constitution and MPR Decree No.V1 / MPR / 2001, with this juridical foundation, it is clear that the organizers the state is obliged to behave properly. While the sociological factor is the increasing number of ethical code enforcement agencies in each power clump, therefore the consolidation of ethical code enforcement agencies and the establishment of ethical courts is urgent due to the weak adjudication process of the Institute.
Analisis UNCLOS 1982 Terkait Permasalahan Yurisdiksi Negara dan Penegakan Hukum Atas Kapal Berbendera Negara Asing Zainal Abdul Aziz Hadju
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.v27i1.254

Abstract

International Law has reign most interactions between States in the sea. The practice of illegal transshipment is a serious issue as it falls within both theft mode and smuggling through the transfer of cargo from one ship to another that occurs at sea. Including a crime which committed in the territory of one state but involving parties from another state or more. Law enforcement is a major concern when an offence of some kind of illegal transshipment occurs. The study aims to determine the jurisdiction of states in enforcing laws including in criminal matters that occurred over its sea where the country has sovereign rights, especially when the involvement of 3rd states party in the law enforcement on a ship which not entered into its territory, yet indicately committed a violation of the law in some states water area, this paper also study how the responsibility of 3rd states party towards of flag states of ships who feel harmed. This article was written using normative research methods with a statutory. Historical and conceptual approach explaining efforts from international organizations in resolving the issues of accountability of countries involved in the problem of Illegal Transshipment at sea in the 1982 UNCLOS perspective especially the process of law enforcement and dispute resolution by the International Tribunal for the Law of The Sea (ITLOS).
Famari (Penghinaan Berujung Pada Tradisi Yang Mampu Menyebabkan Sanksi/Denda Adat, Tradisi Pada Masyarakat Misool Barat, Kepulauan Raja Ampat) Muhamad Yusuf; Muhammad Syukri Nawir
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.v27i1.225

Abstract

One of the traditions that exist in the people of the West Misool islands is the Famari tradition. This tradition is usually carried out when someone from another village humiliates people from another village. This tradition is a tradition from generation to generation, but is only an oral story and has never been written into a written story. This study aims to determine the implementation model of the Famari tradition in communities in West Misool District, Raja Ampat Islands, and the methods used by indigenous peoples to maintain the Famari tradition in West Misool District, Raja Ampat Islands. This research is a qualitative descriptive study using a social phenomenological paradigm. Sources of data for analyzing research problems were obtained from two sources, namely: primary data and secondary data. The results show that the origin of the Famari tradition was created by the ancestors of the West Misool community in creating order, in which there are universal values such as the principle of mutual cooperation, human social function and property in society, consent as a general power, the principle of representation and deliberation. What causes the emergence of the Famari tradition is that in restoring moral balance, it creates collective awareness from community groups to neutralize differences. The Famari tradition does not see the time when it must be carried out, the form of fines in the Famari tradition is determined based on an agreement, the number of people who follow the tradition has no clear limit. Customary fines payment techniques in the Famari tradition are carried out after the party. Without an official invitation, residents came and got involved, to take part in Famari activities. The Famari tradition was created to avoid degrading other social groups, where there are sanctions as punishment for those who are guilty and restore moral balance in society. 
Cover SASI Vol. 26 No. 4, Oktober - Desember 2020 Muchtar Labetubun
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

Restrukturisasi Budaya Hukum Kejaksaan Dalam Penuntutan Sebagai Independensi di Sistem Peradilan Pidana Indonesia Appludnopsanji Appludnopsanji; Pujiyono Pujiyono
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.359

Abstract

The position of the prosecutor's office which is under two powers namely executive and judiciary causes the prosecutor's office to become an institution that is not independent and free, thus causing blemishes to commit fraud by prosecutors. This study aims to find out how the reality of the independence of prosecutors in prosecution and know how the cultural rearrangement for prosecutors in prosecution as a process of the criminal justice system. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the ambiguous position of the prosecutor made the prosecutor hesitant in carrying out their duties, was not independent and was not free and there was a judicial mafia. With regard to this condition, re-structuring of the prosecutor's independence in prosecution is needed. This is intended so that the prosecutor's office becomes an independent institution by integrally restructuring the legal culture together with other criminal justice sub-systems through a religious approach, contextual approach and comparative approach
Konstruksi Penataan Daerah dan Model Pembagian Urusan Pemerintahan Sherlock Halmes Lekipiouw
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.414

Abstract

Regional arrangement and distribution model of governmental affairs. The purpose of this research is to provide clarity regarding the legal interpretation of the formulation of norms in regional government laws. Research methods The research method uses normative research through a conceptual approach and a statue approach. The results showed that the development of decentralization into a state administration system had an impact on local government institutions, one of which was the distribution pattern of government affairs. Thus, comparing the distribution of functions is not possible without the overall decentralized institutional framework developed by a country. From this, a comprehensive framework of decentralization institutions and local government is needed. It also does not rule out the possibility for a region to propose governmental affairs that become its specialty, both on a provincial and regional scale. The concept of division of functions is carried out dynamically, where regions can carry out real government affairs (needed and in accordance with regional capacities). It should be possible for districts / cities to propose governmental affairs that are needed or not needed; who can or cannot be arrested. Decentralization can only work if it is based on a number of preconditions, namely a capable and effective central government. Therefore, it is necessary to review various regulations that are not in line with the principle of broadest autonomy.

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