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Muchtar A H Labetubu
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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 447 Documents
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PERAN BALAI PEMASYARAKATAN (BAPAS) DALAM PROSES PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN ANAK BERBASIS RESTORATIF JUSTICE Margie Gladies Sopacua
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i1.315

Abstract

The perpetrators did not know the age, even children can also be perpetrators of crime, and punishable by imprisonment, so that his rights as a child threatened by the state, such as the right to education, and play, for the Hall of Correctional (BAPAS) kids there for protect the rights of children in conflict with the law to realize Restorative Justice. BAPAS role in the process of the juvenile justice system is necessary, to carry out diversion as a form of restorative justice. Protection of children rights should be at the stage before the trial, the trial and after the trial. Furthermore it is necessary to increase human resource officer BAPAS, judges, prosecutors and police for dealing with juvenile delinquents to achieve restorative
AKIBAT HUKUM KERUGIAN KEUANGAN NEGARA DALAM PROSES PENYIDIKAN TINDAK PIDANA KORUPSI Denny Latumaerissa
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i1.314

Abstract

Corruption is a serious problem, this criminal act could endanger the stability and safety of society, endanger social, economic and political development, and also could endanger the value of democracy and morality because slowly this action becoming a major threat for the aim of just and prosperous society. The state indemnification could be done through two ways which are using the criminal instrument and private instrument. The investigation phase becoming one of the most important phases in the state indemnification process through the criminal instrument. In this stage, the state indemnification could be done by the suspect. Although the problem could arise from the misinterpretation from the investigator that consider the state indemnification by the suspect in the investigation phase could decrease and even stopped the investigation by the investigators. Juridically, the state indemnification that occurred in the investigation phase, prosecution, or examination in the court only could influence in the determination of light-weight of criminal for the suspect or defendant, but not eliminating the nature of against the law itself.
PRAKTIK PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH DI KOTA AMBON Dayanto Dayanto
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i1.313

Abstract

The purpose of this study was to analyze the practice of public participation in the formation of local regulation, the factors that affect, and forms of such participation. The study was conducted in the city of Ambon by using a type of juridical sociological. The results showed that the implementation of public participation in the establishment of Local Regulation in Ambon not maximized due to the lack of publication / dissemination of the legislative agenda to the public; the lack of awareness of community participation; and the rule of law on the mechanism of participation is not adequate. Participation is generally performed in the establishment of Local Regulation in Ambon is channeling aspirations through leaders / members of parliament, this shows the strength of political culture / development which is still dominated by a relationship that is patron-client.
TELAAH KONSTITUSIONAL PENGATURAN IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM MEWUJUDKAN DEMOKRASI J Sahalessy
SASI Vol 21, No 1 (2015): Volume 21 Nomor 1, Januari - Juni 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i1.312

Abstract

The President as the holder of power operation of the Republic of Indonesia as mandated by the 1945 constitution, have full responsibility in the case of the head of state and head of government. In running the government, the president is assisted by a vice president. When the president and vice president elected directly by the people in a general election is considered to be incapable of running the state government for reasons that have been determined by the 1945 Constitution, the legislative body that oversees the running of the government led by the president can give a confidence vote in the name parliament is then submitted to the judiciary in this case the Constitutional Court to decide the president and / or vice president deserves to be dismissed from office or not, and then a plenary session of People's Consultative Assembly (MPR), which is a combination of DPR and DPD to determine the dismissal of the President from office. Of course, the President of Indonesia dismissal mechanism which implicitly specified in the 1945 Constitution states that when the president removed from office, the Vice President also dismissed as "a package" is selected in elections democracy. in constitutional system, dismissing the President in the middle of a term called with the power of "impeachment".The feud between the Parliament and the President in the year 2001, where the House of Representatives after the General Election in 1999 by President Abdurrahman Wahid appointed by the Assembly election results in 1999 suffered a feud that continued confidence vote Parliament on President Abdurrahman Wahid or Gus Dur commonly called. Vote of no confidence on the results of the feud then continued the dismissal or resignation of President Abrurrahman Wahid from the presidency through a Special Session in 2001 the Legislative Act No. III / MPR / 2001. The Act contained in the revocation matter of state power from the hands of President Abdurrahman Wahid who was replaced by Megawati Soearnoputri as Vice President at the time.
Cover SASI Vol. 26 No. 2, April - Juni 2020 Muchtar Anshary Hamid Labetubun
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

 
Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19 Theresia Louize Pesulima; Yosia Hetharie
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.307

Abstract

Indonesia is entering a critical period of the Covid-19 pandemic. Health workers are a profession that is in the vanguard and fight directly against Covid-19. Under these conditions, sometimes health workers have to sacrifice their lives to protect the public from the spread of the Covid-19 pandemic. From the results of the discussion, it can be concluded that the legal protection of the workforce safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in the legislation. In the implementation of the rights of health workers during the Covid-19 pandemic still neglected and have not been fulfilled. Therefore, the role and responsibilities of the global government are needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.
Kontroversi Putusan Mahkamah Konstitusi Membatalkan Kewenangan Komisi Yudisial Melakukan Rekrutmen Terhadap Hakim Suparto Suparto
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.252

Abstract

The Supreme Court conducted a selection of judges without the involvement of the Judiciary Committee. The Judiciary Committee deemed the recruitment was violating the law since it was not involving them in the process. While the Supreme Court viewed that the implementation guidelines for the mutual regulation of the Judiciary Committee and Supreme Court was yet to be existed, while the need for fresh judges was deemed as urgent at that time. Based on that premise, the Supreme Court conducted the recruitment and appointment of judges, several supreme court judges and registrars were conducting a judicial review on the Law No. 49 of 2009, Law No. 50 of 2009, and Law No. 51 of 2009.The Constitutional Court granted their plea with Stipulation No. 43/PUU-XIII/2015.One of the points of considerations of the constitutional judges was the involvement of Judiciary Committee on the recruitment of judges was deemed to disrupt the independency of the Supreme Court. Actually, the involvement of the Judiciary Committee in the selection of judges will not intrude the independency of the judicial power or the judge itself. The independency of judges will be disrupted if the Judiciary Committee is intervening with the technical aspect of judicial power which includescross-examination, trial, and the verdict on a case.
Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan) Novy Septiana Damayanti
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.253

Abstract

International law in its development moves dynamically according to international community interactions. In the development of international law has spawned an international organization, namely the United Nations (UN). International courts relating to the UN status. The UN has laid the framework of the kosnstitusionic on the underlying instrument of the Charter with the determination of all the members of the UN to avoid the recurrence of World War threats that have twice occurred and have caused A threat to all mankind. THE un-formed International Criminal Court is backed by many demands for justice for its extraordinary crimes (the most serious crime). The International Criminal Court aims to end impunity for perpetrators of gross human rights violations and to give a share of the prevention of the most serious crimes against human rights under international law, as well as Ensure international justice and support the achievement of objectivesof the United Nations Charter principles. Based on the description the problem that will be discussed in this article is the role and authority of THE International Organization (PBB) in maintaining international peace and security in resolving the problems that Conducted by the International Criminal Court (ICC).This Writing uses legal research methods is normative with the research of secondary data and described descriptively.
Pertanggungjawaban Hukum Ayah Terhadap Anak Setelah Terjadinya Perceraian Barzah Latupono
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.281

Abstract

Every marriage that is done there ends until death separates, but there is also only a moment later divorced, divorce is a lot because the husband remarries without permission of the wife and obligations that the husband never did after divorcing his wife. After the termination of the marriage according to the law the husband and wife have the same duties and responsibilities in caring for and supporting their children. However, in reality, every woman who has been divorced by her husband will never again be supported by her husband again even though he has children children who also need money for their survival, and this father or ex-husband has never been sanctioned if he does not provide maintenance and education costs for his child, finally women often have to shoulder the burden of responsibility to the child whose parental rights belong to him. 
Optimalisasi Penegakan Hukum Pidana Terhadap Tindak Pidana Perikanan (Studi Perbandingan Hukum Pidana Di Bidang Perikanan) Astuti Nur Fadillah; Muhammad Insan Anshari Al Aspary
SASI Vol 26, No 2 (2020): Volume 26 Nomor 2, April - Juni 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i2.280

Abstract

For the fisheries sector in Indonesia, Law No. 31 of 2004 Jo. Law No. 45 of 2009 concerning Fisheries and in the Philippines the 1998 Philippine Fisheries Code applies, which is a regulation governing prison administration. Indonesian fisheries law has not yet enacted a ban on rare and endangered species. The Philippine fisheries law does not yet impose legal sanctions to cancel permit documents. The formulation of an emergency prison sentence or a Philippine fisheries law fine is relatively heavier than Indonesia. For the concept of accountability of the court by the two countries still imposes court responsibility only on corporate management. Law enforcement in the field of fisheries in Indonesia and the Philippines can be more effective on the prohibition of certain activities or activities related to liability related to relationships that can be accounted for, so that they can be accounted for in the right way, to help and overcome problems related to fisheries.

Page 29 of 45 | Total Record : 447

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