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.
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KEDUDUKAN SUAMI DALAM SISTEM KEKERABATAN MASYARAKAT ADAT DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA (STUDI PADA DESA LETWURUNG KECAMATAN BABAR TIMUR KABUPATEN MALUKU BARAT DAYA)
Mahrita A. Lakburlawal
SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v20i2.325
Human rights emphasizes that humans are free to choose their actions, have the same potition regardless of race, religion, skin color or gender and is a manifestation of human dignity as stipulated in the constitution of 1945 and Law No.39/1999 on Human Rights. In the Letwurung village, based on kinship systems adopted by indigenous communities, put men who are married have a weak position in the family of his wife. The main issue is the kinship system is adopted by villagers Letwurung and how position of men who have married in the indegeneous kinship system. The Letwurung village has matrilineal kinship system so that married men in this community haves a weak position in the customary family law and child is entitled to the inheritance. It is discrimination against civil rights of men as a father and a leader of his family.
PENGATURAN WEWENANG DALAM PENGELOLAAN WILAYAH LAUT
Sherlock H. Lekipiouw
SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v20i2.324
The concept of a sea area becomes of great importance in relation to the effort against the structuring and setting boundaries utilization and management of marine areas to pay attention to the conception of the country which insists on (1) the boundaries of the Homeland ; and (2) the rights contained within it 's own territory . The above concept is consistency of affirmation of the principle and characteristic of the archipelago island nation as stipulated in Article 25A NRI Constitution of 1945 and the right to control the state of the earth and water and natural resources contained therein as intended in Article 33 paragraph (3) Constitution NRI Year 1945 the nature of the provision is to achieve national development goals as defined in the preamble of the Year 1945 NRI in such understanding , the concept of a sea area is related to the philosophical aspects , principles of management and organization authority in the management of marine areas
PERTANGGUNGJAWABAN HUKUM PEMERINTAH (Kajian Tentang Ruang Lingkup Dan Hubungan Dengan Diskresi)
Julista Mustamu
SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v20i2.323
The concept of government responsibility in this paper gives the sense of an obligation for theauthorities to take responsibility for legal use of power that can cause harm to citizens. Theconcept of responsibility is meant here is responsibility in the legal sense is really related totheir rights and obligations. This paper will examine the issue of government responsibility inthe administration of state freely associated with the government's authority in theadministrative law concept known as discretionary.
PERAN POLITIK HUKUM DALAM PERENCANAAN PEMBANGUNAN DAERAH
Hendry John Piris
SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v20i2.322
Integration of the development planning area within the development system of National, all Regional Governments both Provincial and Regency/City shall prepare a planning document regional development, in the form of a Plan Long-Term Development (PLD) Regional and Medium Term Development Plan Regions with due regard to the country's financial and Planing system National development. But the fact of legislation are still many inconsistencies among others associated with the procedure, standard time, costs. To create different sets of rules and regulations, which became the legal basis for orderly behavior in order to organize the life of society, nation and state. The establishment of legislation is done through the correct process with regard orderly legislation and general principles of legislation is good. As stipulated by law number 23 of 2014,
PERATURAN MAHKAMAH AGUNG DAN PERATURAN MAHKAMAH KONSTITUSI MENURUT JENIS PERATURAN PERUNDANG-UNDANGAN DI INDONESIA
Vica J. E. Saija
SASI Vol 20, No 2 (2014): Volume 20 Nomor 2, Juli - Desember 2014
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v20i2.321
The division of state power is divided into legislative power, executive power and judicial power. The task of government in carrying out public welfare within the meaning of the Constitution of the Republic of Indonesia Year 1945, in the implementation of needed legislation. Legislation in Indonesia is regulated in Law Number 12 Year 2011, the criteria used for such a legal instrument called a regulation regulations are written rules that contain legal norms binding in general and formed or defined by state agencies or officials authorized through the procedures laid down in Regulation Legislation. In Article 8 paragraph (2) one of the rules in the legislation recognized that Regulation of the Supreme Court and the Constitutional Court Regulation, then in this paper are analyzed on both the regulation which do not meet the criteria of legislation such as that contained in the Act No. 12 of 2011
KEBEBASAN BERAGAMA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA
Merlien Irene Matitaputty
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v21i1.320
Human rights are essentially a reflection of human existence, because human rights was the formation of human wholeness that leads to civilized life. On the basis of this that the violation of ham is the most dangerous crime civilization. Belief in human rights is essentially a form of human sympathy and empathy for him and others. HAM then experienced a shift from a form of consciousness imaginary then incarnated in the form of measurable and concrete. Various problems that occur in the community showed the need for a government action that comes from the rule of law as an instrument providing legal protection for the people. But sometimes concrete actions the government relating to the legal protection to the people in the form of decisions - decisions and decrees of the government often unilateral and it is very noticeable when the government, through the Minister of Religious Affairs, Ministry of Interior and the Attorney General issued a Joint Decree concerning the Prohibition Activity Ahmadia in Indonesia, which resulted in the violation of human rights, especially the right to worship. Along with the expansion of life, we need fundamental regulations that are considered capable of bridging the diverse interests that occasionally explode due to pressure individual and communal. Thus, the Constitution is a manifestation of a form of a shared desire that gives the rules towards a civilized nation.
PERJANJIAN LISENSI SEBAGAI BENTUK PERLINDUNGAN MEREK
Sarah Selfina Kuahaty
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v21i1.319
One branch of the study of the philosophy of science is the study of value axiology usefulness of science. Studies are generally intended to enhance human dignity. In the field of legal science in particular the Intellectual Property Rights pragmatic development occurs to break the deadlock laws that are exclusive for instance on the right to the brand with the birth of the license agreement that is expected to penetrate the exclusive restrictions earlier. Article 1 point 13 of Act No. 15 of 2001 on Marks, can be known elements in the Law License Brands include any permission granted by Trademark holders. The permission was given in the form of the agreement. The licensing agreement begins with the submission of the prospective licensee to the licensor as a brand owner. Such a request can be interpreted as an effort to permit application of the prospective licensee to use the trademark. If then reached an agreement in the form of the license contract, such agreement as a strong foundation and lawful for the licensee to produce goods or services using the brand licensor. The license agreement has been made between the licensor and the licensee must be registered. Agreements which have been registered prevail throughout Indonesia, unless agreed otherwise. The setting of this region related to territorial restrictions that allow for the exercise of the right of the registered trademark. In the perspective of axiology, a license agreement is very beneficial for others to use a trademark without breaking the law. In contrast to the brand owner, the license agreement is very beneficial for the legal protection of its brand, and can wreak opinions (income) from the payment of royalties received from licensees, if the license agreement is implemented consistently by the parties, it will bring great benefits to the parties , which in turn can bring justice
IMPLEMENTASI PENERAPAN PASAL 38 UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA SEBAGAI UPAYA PERLINDUNGAN HUKUM KARYA SENI BATIK
Agustina Balik
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v21i1.318
Batik has a strong background with the nation and the people of Indonesia in all fields and forms of culture and everyday life. Copyright Act No. 28 of 2014 Section 38 (1) which stipulates that copyright to the traditional art of batik in Indonesia, the copyright is held by the state. During the system has not been formed for the protection of Traditional Knowledge, clearly, the whole intellectual creations are based on tradition can refer to the provisions in the UUHC. The protection provided is not confined to the art of batik, but also for folklore and all works of popular culture that became property of the people Indonesia. Indonesian government to provide legal protection to folklore including the art of batik to prevent monopolistic practices or the commercialization and actions damaging or commercial use without permission of the Republic of Indonesia as a copyright holder. This effort is intended to avoid any action that could damage the foreign party of Indonesia's traditional cultural values.
KEBIJAKAN FORMULASI HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA PERJUDIAN MELALUI INTERNET (INTERNET GAMBLING)
Erwin Ubwarin
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v21i1.317
the development of science and technology led to the development of society as well, but this development also has a negative side, in playing gambling conventional, the players and the city should meet at the gambling table or in the territory of a country's legal yet, gambling using the internet facilities, quite the player (user) and airports sitting in front of a computer desk and then accessing gambling sites and instantly be able to do gambling. Players and airports may not necessarily be in a country, but across the country or several countries, in the Book of Law Criminal Law, and Law Number 7 Year 1974 On Gambling Control does not regulate the act of gambling via the internet, on Law No. 11 Year 2008 on Information and Electronic Transactions, criminalize gambling via the internet, but only to ensnare the city is not against the player
MEMBEDAH KASUS KORUPSI GAYUS TAMBUNAN DENGAN PISAU ANOMI
Jetty Martje Patty
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura
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DOI: 10.47268/sasi.v21i1.316
Anomie theory put imbalance values and norms in society as the cause of the deviation, where people are grouped in the social structure (forms Class) from the top of society to the public is low, which led to differences of this class opportunity to achieve goals. Gayus Tambunan coming from low class society, have the opportunity to become rich is smaller compared to those with higher grade. This situation makes resulted segregration makes people who do not have the means to do it then do another way to achieve the goal to become rich, for example, or goal he wants