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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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Penyelesaian Sengketa dalam Pengadaan Tanah Bagi Pembangunan Jalan untuk Kepentingan Umum Fengky Kotalewala; Adonia Ivone Laturette; Novyta Uktolseja
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 | DOI: 10.47268/sasi.v26i3.397

Abstract

Land acquisition for the construction of roads in the public interest is a classic problem that always creates turmoil in the community. This study aims to analyze land acquisition followed by land acquisition belonging to the people, always causing disputes that sometimes lead to violence or at least lead to court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. Based on the Research Results, it is indicated that Settlement of disputes in Land Procurement for Road Development in the public interest should be carried out to the maximum extent possible through consultation and / or through non-litigation or settlement outside the Court. Land Procurement for Development for public purposes, give Honor to holders Land Rights by providing legal protection and by providing fair and appropriate compensation to the rightful parties, but in reality often the holders of the rights granted experience a decline in quality compared to the original situation before the release of land rights.
Kekuatan Mengikat Surat Penunjukan Penyedia Barang dan Jasa Pemerintah dalam Kontrak Pengadaan Barang/Jasa Pemerintah di Masa Pandemi Covid-19 Merry Tjoanda
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 | DOI: 10.47268/sasi.v26i3.396

Abstract

The process of determining the auction winner for a goods / services procurement project ends with the issuance of SPPBJ by PPK. The purpose of this study is to analyze the legally binding force of the Goods / Services Provider Appointment Letter (SPPBJ) in government procurement contracts of goods / services, especially during the Covid-19 pandemic. The results showed that before the contract for the procurement of goods / services was signed by the PPK and the provision of goods / services, the SPPBJ that had been issued by the function of executing the auctioned work provided that there were no objections from other participants and the rebuttal period had ended. SPPBJ acts as a binding contract, where SPPBJ is very much needed because the contract may be canceled or transferred due to refocusing of activities and relocation of budgets due to the impact of the Covid-19 pandemic as it is today. There needs to be a more stringent regulation in the SPPBJ issuance process to deal with irregularities that may still occur, which is carried out by PPK.
Klaim Republik Rakyat China atas Zona Ekonomi Ekslusif Indonesia Efie Baadilla
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 | DOI: 10.47268/sasi.v26i3.395

Abstract

The South China Sea is a strategic marine area and contains both living and non-living natural resources. The purpose of this paper is to analyze China's claim to Indonesia's ZEE in the South China Sea, which is known to Indonesia as the North Natuna Sea. China's claim to the Nine dash line in the South China Sea has had an impact on Indonesia and several countries. The research method uses normative research with a statute approach and a conceptual approach. The results of his study show that the recent conflict between Indonesia and China in the South China Sea has brought about a new conflict between the two countries even though Indonesia has so far not considered a problem. In fact, the application of the nine dash line as Traditional fishing grounds was not known in UNCLOS 1982, but the concept known was Traditional fishing rights. Indonesia has sovereignty and sovereign rights over North Natuna waters based on UNCLOS, for this reason, Indonesia needs to continue to carry out exploitation and exploration activities, supervision and legal action to guarantee the sovereign rights of the State.
Prinsip Pembangunan Infrastruktur yang Berlandaskan HAM Terhadap Eksistensi Masyarakat Hukum Adat di Indonesia Raden Muhammad Arvy Ilyasa
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 | DOI: 10.47268/sasi.v26i3.296

Abstract

Infrastructure development can simplify the flow of the economy and provide accessibility for the community to reach public facilities that have been provided. This study aims to examine the problem of infrastructure development in Indonesia, which often occurs in conflicts between indigenous peoples and the government regarding land for infrastructure development on the ulayat lands of indigenous peoples. The research method used normative research with an statute approach, conceptual approach and analyzed descriptively qualitatively. The results show that in infrastructure development in Indonesia, several aspects must be considered, such as the balance of development and the interests of the community, paying attention to aspects of human rights so that this does not happen. One suitable concept is Free Prior Informed and Consent (FPIC) as a form of recognition of the existence of indigenous peoples as the subject of development, not as objects of development.
Yurisdiksi Kriminal Terhadap Black Flight Di Ruang Udara Wilayah Indonesia Candra Ulfatun Nisa; Hari Sutra Disemadi
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 | DOI: 10.47268/sasi.v26i3.289

Abstract

The state in its capacity as one of the subjects of international law, has the rights and obligations associated with sovereignty. The state is free and independent to exercise its sovereignty rights in full but also has an obligation to pay attention to its limits in not exercising its sovereignty in the territory of other countries. Regarding the sovereignty of the territory of the Republic of Indonesia, even though it has clearly established its boundaries and has been recognized by international law, violations of sovereignty territories often occur that are not intentional or intentional to achieve certain goals. One of them is a violation of the sovereignty of Indonesian airspace, namely black flight. The method of research using the normative juridical approach, with descriptive research specifications. The results of this study are that Indonesia's sovereignty over its national airspace boundaries is full, exclusive and fully closed to foreign aircraft or aircraft belonging to other countries. With regard to black flight, Indonesia by TNI-AU carries out criminal jurisdiction with a lighter action preceded in the form of a warning to get out and immediately leave the Indonesian airspace, to the more severe act of forcing a landing.
Kedudukan dan Pelaksanaan Fungsi Legislasi Dewan Perwakilan Daerah Pasca Putusan Mahkamah Kontitusi Nomor 79/PUU-XII/2014 Garciano Nirahua
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 | DOI: 10.47268/sasi.v26i3.309

Abstract

The Local Representative Council is one of barometers of reformation success in Indonesian state administration. as the Local Representative Council becomes a new legislative institution that will strengthen and work closely with previously-established legislative institutions (People's Representative Council). This study aims to: (1) find out and identify the status of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court; and (2) find out and identify the implementation of legislation function of Local Representative Council based on the regulation after the decision of Constitutional Court. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results show that the constitutional authority of Indonesian Local Representative Council as a legislator institution is still very weak. Since the decision of Constitutional Court was read, from normative perspective, there is no any legislation change, either in planning, proposing, or discussing the regulation draft in the Indonesian Parliament, related to the authority of Indonesian Local Representative.
PRAKTIK EKSEKUSI RIIL TANAH MILIK MASYARAKAT ADAT SUNDA WIWITAN Hazar Kusmayanti; Sandi Yusta Hawari
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 | DOI: 10.47268/sasi.v26i3.285

Abstract

At the time of the riil execution, it was not uncommon to encounter obstacles which caused the execution to not be carried out. One of them is the case of the Supreme Court Decision Number 2394 K/Pdt/2010. Therefore the researcher wants to examine the things that cause riil execution cannot be carried out in terms of civil procedural law and what legal actions can be carried out by the applicant for execution due to riil execution that cannot be carried out in connection with a civil law. The research method used is a normative juridical,analytical methods used in the data are qualitative normative. Based on the research, it can be concluded that what caused the riil execution of the Supreme Court's Decision Number 2394 K/PDT/2010 on 12 January 2012 could not be implemented because of the resistance carried out by the parties executed and third parties carried out by the Sunda Wiwitan indigenous people by carrying out physical resistance which caused casualties to the execution, resistance efforts are carried out to obstruct the process of execution and Legal actions that can be carried out by the applicant for execution due to riil execution that cannot be carried out that is by way of the applicant's execution can submit a request for execution again to the Chairperson of the Kuningan District Court to carry out the second execution.
Politik Hukum Pemberhentian (Pemakzulan) Presiden dan/atau Wakil Presiden di Indonesia dalam Prespektif Negara Hukum dan Demokrasi Muhammad Aksan Akbar
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 | DOI: 10.47268/sasi.v26i3.276

Abstract

This study aims to determine the legal politics of dismissing the President and / or Vice President in Indonesia. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results show that the dismissal of the President and / or Vice President in Indonesia is based on an understanding of a democratic state and an understanding of the rule of law . The application of the concept of a democratic state is carried out through a prior statement of opinion by the DPR and dismissal by the MPR. Meanwhile, the application of the rule of law is carried out through a legal process (forum previlegiatum), namely through examination of trials and decisions in the Constitutional Court. The choice of law is intended to strengthen the presidential system which adheres to the fixed term principle of the position of President and / or Vice President and to ensure the implementation of a stable state government.
ASPEK HUKUM PRINSIP TATA KELOLA PERUSAHAAN YANG BAIK DAN PENERAPANNYA PADA BADAN USAHA MILIK DESA Maria Fransiska Owa da Santo; Yustinus Pedo
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 | DOI: 10.47268/sasi.v26i3.274

Abstract

Villages in the era of regional autonomy have the authority to determine the direction of development by optimizing the management of village funds through the establishment and development of Village-Owned Enterprises (BUMDES). This study aims at the concern of villages in NTT Province that have not made BUMDES as a vehicle for managing the Village Fund and as a comparison for researchers who took the research location in Kokbaun District, TTS Regency, NTT Province. This research is a descriptive legal research with the type of research is normative-empirical legal research. This type of research requires secondary data and primary data. The research data shows that the Village Government in Kokbaun District has understood the importance of establishing BUMDES as mandated by the Village Law, but there are obstacles in the implementation of its formation and development. The obstacles are the quality of Human Resources, namely the lack of understanding of villagers and the lack of skilled personnel in managing BUMDES in accordance with the articles of association and bylaws and understanding of village development. The principles of good corporate governance can help BUMDES management so that it becomes more focused and ultimately can increase village income which will also affect the development and economic development of rural communities.
Rekonstruksi Nilai-nilai Pancasila dalam Undang-Undang Madaskolay Viktoris Dahoklory; Lita Tyesta Addy Listya Wardhani
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 | DOI: 10.47268/sasi.v26i3.271

Abstract

Pancasila is the source of all sources of State law, by placing Pancasila as a source of state law, Pancasila has a function as a guiding star in the formation of national legal products. The purpose of the Writing is to analyze and understand the transformation of the values of Pancasila in the context of the renewal of national legal products and the mechanism of testing and harmonization of laws with the values of Pancasila. The research method used is juridical-normative and qualitative analysis. The results of the study show that several national legal products do not reflect Pancasila values, such as the water resources law, this was proven when the Constitutional Court issued its decision, which in essence the Constitutional Court stated that the law contrary to the values of Pancasila as implemented in the constitution. Therefore, the Government needs to increase its role in managing and harmonizing regulations as an effort to renew national legal products that are responsive in character.

Page 23 of 45 | Total Record : 447

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