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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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Penegakkan Yurisdiksi International Criminal Court atas Kejahatan Agresi Pasca Kampala Amendments Diadopsi dalam Rome Statute Apripari Irham
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.v26i4.272

Abstract

Until the entry into force of the Rome Statute, the definition of the crime of aggression was not also found in it. This leaves the International Criminal Court (ICC) without jurisdiction over crimes of aggression. The absence of ICC jurisdiction over crimes of aggression has resulted in military aggression that has not been processed by the ICC during the time when the proxy war / cold war was initiated. This means that the violation of delicto jus gentium juice is allowed even after the ICC has been established. This study aims: (1) to identify and identify the definition, limitations, and jurisdiction of the ICC for crimes of aggression; and (2) to determine the enforcement of ICC jurisdiction over crimes of aggression after the Kampala Amendments were adopted into the Rome Statute. The research method uses a type of normative research with a statutory approach and a historical approach. The results show that the ICC's definition, limitations, and jurisdiction over the crime of aggression have existed in the Rome Statute since Kampala Amendments were adopted into the Rome Statute. However, until now the enforcement of the ICC's jurisdiction over crimes of aggression has not been carried out concretely.
Decompose Dual Nationality (Dual Citizenship) In Indonesia In Human Rights Perspective and Welfare State Supriyadi A Arief
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.v26i4.269

Abstract

The state is obliged to fulfill and protect the rights of its citizens, including the right to citizenship status. This status will facilitate citizens in living their lives, both in the country that grants citizenship status and in other countries. The high mobility of citizens results in boundaries between countries no longer limited by distance and time. As a result, a person's citizenship status can change, either because of personal needs or obligations of the second country which requires citizens to have citizenship status of the country. The problem in this research is to what extent dual citizenship in the perspective of human rights can realize a welfare system ?. This research is a normative study using a statutory approach, historical approach, and case approach. The results of the study indicate that the guarantee of the right to citizenship status is an inseparable part of the concept of human rights as contained in the 1945 Constitution of the Republic of Indonesia. However, with the rapid flow of global developments causing dual citizenship accommodation in Indonesian citizenship law is something that can be applied in the future. Recognition of dual citizenship can be seen as part of the efforts of the state to bring prosperity to all citizens and protect the citizens' rights to citizenship status.
Kewenangan Uji Material (Judicial Review) Ketetapan Majelis Permusyawaratan Rakyat oleh Mahkamah Konstitusi Lintang Galih Pratiwi
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.v26i4.268

Abstract

The re-enters of People’s Consultative Assembly’s Provision (MPR’S Provision) in the regulations of law hierarchy in Indonesia legal system, certainly has its own impact. One of them is the authority of the Constitutional Court in conducting judicial review. The problem is whether the Constitutional Court can review the MPR’S Provision or not. The research method used in this research was normative-juridical method. The research finding shows that: first, the Constitutional Court in its verdict stated that it has no power to be competent to review the MPR’S Provision. Second, the implication of that verdict is the causing the legal vacuum and the absence of the institution that is authorized to do a trial towards the MPR’s provisions. Third, to answer that problem, MPR’S Provision should be equalized with the Law (Act), so the authority to review People’s Consultative Assembly’s adjudication belongs to the Constitutional Court.
PEMBUKAAN PRINSIP KERAHASIAAN BANK SEBAGAI PERBUATAN MELAWAN HUKUM (Studi Kasus Bank BCA) Dinda Anna Zatika
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.v26i4.238

Abstract

Banking secrecy is known in many countries in the world that has a bank financial institution. Banking secrecy is one of the most important principle. It is because the development and growth of one bank is very dependant on public trust. Confidentiality of information that is born in banking activities, is needed for the benefit of the bank and also the interest of the customer itself. This research discussed about how is the function of the banking financial institution in protecting their customers through the banking secrecy and how is the form of tort of law against the banking secrecy in a judicial proceedings that linked to the case. Method used in this research is juridical normative research. Data are collected by literatures and documents studies, then analyzed using descriptive qualitative analysis. The results of this research indicate that to overcome problems with the banking secrecy, interference from the authorities in the consumer protection sector in the field of financial services is needed, that is Financial Services Authority institution or in Indonesian it is called Otoritas Jasa Keuangan. The institution is expected to be able to protect customers from financial service business that are considered to harm the interests of customers. In the case, the customer sued the bank for violation of banking secrecy on the basis of tort of law that is contrary to the bank’s legal obligations and the law as referred to the article 40 paragraph 1 of the Banking Law.
Child Grooming Sebagai Bentuk Pelecehan Seksual Anak Melalui Aplikasi Permainan Daring Anna Maria Salamor; Astuti Nur Fadillah Mahmud; Patrick Corputty; Yonna Beatrix Salamor
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.v26i4.381

Abstract

The rapid development of society and the development of technological advancements with the use of the internet in addition to having a positive impact can also have an impact with increasing crime that appears With a variety of modus operandi based on technological tools that if not accompanied by the development of knowledge in society about the law will cause a person to become a criminal or being a victim of a criminal offense is not uncommon for children to be targeted as victims. One form of crime that occurs in society is the crime of sexual abuse of children through the internet so that the development of the rule of law is also demanded to be able to overcome the development of this problem. This study aims to assess and analyze whether child grooming can qualify as a form of sexual abuse against children. The method used in this study is normative juridical. The results obtained show that child grooming in Hago games through online media is done with the victim mode being asked to send photos or videos without using clothes or naked by the groomer. Groomer builds closeness with the initial mode of asking for the victim's wa number and establishing closeness, giving rise to sympathy and empathy so that closeness is established between the victim and the perpetrator.
KEPASTIAN HUKUM TERHADAP PERLINDUNGAN KARYA CIPTA TARI JAIPONGAN DI WILAYAH JAWA BARAT Sulistijono Sulistijono
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.v26i4.428

Abstract

The diversity possessed by the Indonesian nation starts from its various ethnicities, languages and cultures, Of course, this is inseparable from the participation of the community in developing the natural wealth owned by Indonesia, one of Indonesia's cultural wealth is the culture of dance in the West Java region, namely the jaipongan dance. Dance is a branch of the performing arts that has legal protection by copyright. The research method uses descriptive analytical research type, which is a study that describes or describes something that has happened or is currently taking place in a certain place and at a certain time, describing or describing the problems that have occurred.The analysis of the authors in this study, that the form of protection of Jaipongan dance creations inWest Java is still limited to regulation because economic rights have not been realized properly so that legal certainty is not realized. The conclusion is to obtain legal certainty regarding the economic rights obtained from his works in the form of royalties, a special collective management agency for dance can be formed and the need for recording requirements procedures related to various dances that can be recorded.
Miskonsepsi Pembebanan Tanggung Jawab kepada Direksi Badan Usaha Milik Negara dalam Jerat Tindak Pidana Korupsi Bayu Novendra; Aulia Mutiara Syifa
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.v26i4.298

Abstract

The dualism of the conception of state assets separated in State-Owned Enterprises (SOEs) in Indonesian legislation raises a polemic in the operation of SOEs as a business entity. In essence, in Act Number 19 of 2003 concerning SOEs, separated state assets no longer include state assets and their development and management are based on sound corporate principles. Meanwhile, in Law Number 17 of 2003 concerning State Finance, it is stated that one of the state finances is state assets separated from SOEs. Therefore, if it is related to the enactment of Law Number 31 of 1999 concerning Eradication of Corruption, SOEs that suffer losses can be charged with criminal acts of corruption because they have harmed state finances. By using the juridical-normative method and literature study as data collection techniques, the results of this study confirm the nature of BUMN as a company that is separate from its shareholder, namely the state. This research also encourages the use of  Business Judgment Rule principle in proof as an effort to protect all actions of the Directors of BUMN that have a good intention to run a BUMN that suffers losses.
AKTUALISASI FUNGSI KEIMIGRASIAN DALAM ASPEK KEAMANAN SEBAGAI UPAYA INTEGRAL PENANGANAN PANDEMI COVID-19 DI INDONESIA Herman Suryokumoro
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.v26i4.400

Abstract

This study aims to analyze the function of immigration in the security aspect, namely as a guard at the entrance to the territory of Indonesia during a pandemic. This function is of course very urgent considering that currently the spread of the Covid 19 virus is getting out of control, one of which is because there are still many foreigners entering Indonesian territory. The research method used is juridical normative, namely analyzing library materials or tracing documents related to the problem under study. The approach used is a statutory approach and a conceptual approach. The results showed that the actualization of the role of the immigration function during a pandemic can be seen from the aspect of immigration regulation and practices carried out by immigration checkpoints (ICP) throughout Indonesia. Meanwhile, the ICP has carried out its function as guardian of state security with the arrival of foreigners and closed several ICPs to limit immigration traffic. There is a significant difference in law enforcement during normal times and during the pandemic, namely the concessions given to foreign nationals in the form of changing overstay fees and deportation cannot be carried out. Deportation cannot be done because in general the person's home country also applies, so temporarily when foreigners who cannot return to their home countries stay in detention centers.
Penyelesaian Sengketa Kewenangan Lembaga Negara Independen di Indonesia Kelik Iswandi; Nanik Prasetyoningsih
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.v26i4.283

Abstract

Competence dispute which involves independent state organs occur several times in Indonesia has an impact on obstruction of competence. Several cases of competence dispute which involve independent state organ have been submitted to the Constitutional Court but not all have been granted. This study aims to examined the concern of competence dispute which involves independent state organ and factors of independent state organ can fulfill the subjectum litis criteria of SKLN in Constitutional Court. The research method is normative by using primary, secondary, and tertiary legal materials, collected from library research. This research analytical data use the statute approach and case approach. The results of this study indicate that the authority of the Constitutional Court does not specifically regulate state institutions that can be subjectum Litis SKLN in the Constitutional Court, there is a gap accommodated by the Constitutional Court in several decisions.
Cover SASI Vol. 26 No. 3, Juli - September 2020 Muchtar Anshary Hamid Labetubun
SASI Vol 26, No 3 (2020): Volume 26 Nomor 3, Juli - September 2020
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

Page 22 of 45 | Total Record : 447

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