cover
Contact Name
Muchtar A H Labetubu
Contact Email
mahlabetubun@gmail.com
Phone
-
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
PENEGAKKAN UNDANG-UNDANG PILKADA DALAM RANGKA MENCEGAH DAN MENANGGULANGI TINDAK PIDANA POLITIK UANG (MONEY POLITIC) TERKAIT PILKADES SERENTAK 2019 DI DESA MEKAR SALUYU KECAMATAN CIMENYAN KABUPATEN BANDUNG Musa Darwin Pane; R. Ficry Sukmadiningrat; Maulana Nur Rasyid
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.v26i2.249

Abstract

The general election does not always run smoothly where in some practices there is money politics carried out by prospective leaders by distributing some money to the public with the aim of electing the prospective leader at the time of voting. This research uses the empirical normative legal research method which is a merger of normative legal approaches with the addition of various empirical elements. Normative-empirical research methods regarding the implementation of normative legal provisions (laws) in every particular legal event that occurs in a society. The method of approach in this research uses secondary data consisting of primary legal materials (data obtained directly from people's lives by means of interviews), secondary legal materials and tertiary legal materials. Money politics activities carried out by prospective leaders become a habit in conducting general elections to attract the public so that they vote because most people do not believe or are not affected by the vision and mission and programs presented by the prospective leaders. Money politics has become a recognized practice at various levels of the general elections from the presidential election to the village head due to the lack of strict supervision and enforcement of general elections that should be free, safe, honest, fair, and secret.
Penyelesaian Perkara Anak Sebagai Pelaku dan Korban Ditinjau Dari Asas Kepentingan Terbaik Bagi Anak Hadibah Zachra Wadjo; Elias Zadrach Leasa; Denny Latumaerissa; Judy Marria Saimima
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.v26i2.306

Abstract

In reality, specifically for the principle of the best interests of children who are accommodated in the Aanak Criminal Justice System Act not yet maximized to be applied in cases of children who are dealing with the law both against children as perpetrators and children as victims, which in the settlement of losses suffered by children as a victim of a criminal offense, it has not been concretely felt. Based on the explanation above, the problem that the writer wants to analyze is Is the settlement of the case of children considering the best interests of the child as the perpetrator and the child as the victim? Constraints in fulfilling the best interests principle for children as perpetrators and children as victims. The research method used is a type of empirical juridical research. The results showed that the fulfillment of the best interests of children in the case of children in conflict with the law must be supported by all relevant stakeholders so that children's rights can be implemented at all stages of the case inspection in accordance with the mandate of the Aanak Criminal Justice System Law and the Law related, it is not enough there, the fulfillment of the best interests must also continue to be supported back to the community. Obstacles in fulfilling the best interests of cases of children in conflict with the law, namely the lack of investigators for the protection of women and children, inadequate facilities or infrastructure, human resources both for women and children protection investigators and for assisting victims who are not yet qualified, lack of budget in case settlement children in conflict with the law.
Pengakuan dan Perlindungan Hukum Terhadap Eksistensi Pemerintahan Adat Jenny Kristiana Matuankotta
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.v26i2.305

Abstract

The existence of Customary Law Communities in Indonesia, including Customary Law Communities in the State of Eti, West Seram Regency is a fact in the life of the nation and the State in the Unitary State of the Republic of Indonesia. The existence of the Customary Law Community, including its Customary Government system, should also receive legal recognition and protection in accordance with constitutional recognition as regulated in the 1945 Constitution of the Republic of Indonesia Article 18B Paragraph (2). The results of the research show that although the existence of constitutional communities has been recognized constitutionally by the State, the implementation of regional policies related to the recognition and protection of indigenous peoples including their customary government has not been recognized in regional regulations that contain such recognition.
OMBUDSMAN SEBAGAI LEMBAGA PENGAWAS PELAYANAN PUBLIK DI INDONESIA Nabila Firstia Izzati
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.v26i2.235

Abstract

The Ombudsman of the Republic of Indonesia as an institution that helps to administer public services has an important role in the administration of effective and efficient public services. However, it is recognized that it still exists in the implementation of public service supervision. First, it still represents the Ombudsman of the Republic of Indonesia which cannot be transferred by the invited party because many consider that the ombudsman must be invited is not mandatory. Second, it is constrained by the absence of regulations related to Ombudsman approval and sanctions that must be applied. Third, there is no execution of punishment by the Government for the cancellation of public services to the Regional Head launched by the Indonesian Ombudsman. Both the government and the publik society should support the implementation of the supervision of public administration by the Ombudsman in order to create public welfare.The Ombudsman of the Republic of Indonesia as an institution that helps to administer public services has an important role in the administration of effective and efficient public services. However, it is recognized that it still exists in the implementation of public service supervision. First, it still represents the Ombudsman of the Republic of Indonesia which cannot be transferred by the invited party because many consider that the ombudsman must be invited is not mandatory. Second, it is constrained by the absence of regulations related to Ombudsman approval and sanctions that must be applied. Third, there is no execution of punishment by the Government for the cancellation of public services to the Regional Head launched by the Indonesian Ombudsman. Both the government and the publik society should support the implementation of the supervision of public administration by the Ombudsman in order to create public welfare.
REFORMASI SISTEM PENSIUN PASCA UNDANG-UNDANG NOMOR 5 TAHUN 2014 TENTANG APARATUR SIPIL NEGARA GUNA MEWUJUDKAN KESEJAHTERAAN BAGI PEGAWAI NEGERI SIPIL Fiqi Fatichadiasty
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.v26i2.231

Abstract

Pension is a right that is obtained by a civil servant. Civil servants with the aim of improving welfare. This is in accordance with Law Number 43 of 1999 concerning Personnel Fundamentals, Article 32 which states to increase the excitement that is carried out by seeking the welfare efforts of Civil Servants, welfare businesses that contain remuneration programs. However, there are still some shortcomings in one of the retirement age limits that have not been clearly stipulated in a regulation. With this research, it is expected to discuss a complete and in-depth acceptance of the substantive revenue from the Civil Servants Retirement Age Limit and also changes in the income system stated by the government. The methodology used in this study consists of a qualitative description and study of the process of reforming the civil service recipient system, which is distributed in terms of legal basis. After the enactment of Law Number 5 of 2014 concerning State Civil Apparatus.
KESETARAAN GENDER DITINJAU DARI SUDUT PANDANG NORMATIF DAN SOSIOLOGIS Zulkifli Ismail; Melanie Pita Lestari; Panti Rahayu; Fransiska Novita Eleanora
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.v26i2.224

Abstract

This study discusses that gender equality must be paired with justice and justice, between men and women must be equal and there must be no differences or contradictions. A normative study looking at it from the perspective of the following law is that submission will discuss the rights of a woman, everyone has equal rights without exception, and those rights have existed since man is in a supported reserve. Research methods using the normative juridical method by reviewing the literature and legislation, where the findings or results have met the requirements for the rights of everyone listed in the regulations of Law Number 39 of 1999, but viewed from the point of view seen sociological that in society assumes that gender equality can occur if each party considers to be responsible, their duties and roles. While the usefulness of this research provides benefits and participation of law enforcers, the community must not represent gender differences or injustice in the community, all people have the same rights, novelty in this study agrees and then gender in community life to prioritize and prioritize there will be the right to life, because that right is a very determined right granted to all people such as the right not to increase torture, get education, health, and eliminate the perception of gender inequality in any field or area of life, because everyone is the same and supports , in the field of law, and also government.
HUKUM DAN KEKERASAN DI SEKOLAH: OPTIMALISASI PERAN KONSELOR SEKOLAH Nurochim Nurochim; Siti Ngaisah
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.v26i2.223

Abstract

Violence in the school environment is still a problem that requires multi-sectoral solutions. The school is an organization as a place to gather for a long time. Interactions in schools are multistrata interactions such as differences in the social backgrounds of students, teachers, and education personnel. The method used in this article is literature review. The results of the study in this study are school counselors have an important role in developing social attitudes of school residents with programmatic counseling activities. The counseling program is implemented to provide rights and obligations for school residents. By having a social attitude, conflicts between school members can be prevented. Counseling activities are organized as preventive and curative activities from violence in schools.
Cover SASI Vol. 26 No. 1, Januari - Maret 2020 Muchtar Anshary Hamid Labetubun
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 20200
Publisher : Faculty of Law, Universitas Pattimura

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

Abstract

 
Koordinasi Kelembagaan dalam Penenggelaman Kapal Hasil Tindak Pidana Di Bidang Perikanan Sherly Adam
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.291

Abstract

His study aims to determine to examine, analyze coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. This research is a normative legal research (legal research). The research began with an inventory of legal regulations or laws and regulations relating to coordination between institutions in the framework of sinking vessels resulting from criminal acts in the field of fisheries. According to the Law, there are two methods of sinking ships carried out by the Government of the Republic of Indonesia, namely sinking ships through a court decision and being caught red-handed. For this reason, there is coordination between institutions in the framework of sinking fishing vessels by the Minister of Maritime Affairs and Fisheries (government) of the Republic of Indonesia, but the coordination of these institutions has not yet been implemented or carried out properly. This is due to unclear regulations regarding operational standards or guidelines for the destruction or sinking of fishing vessels which regulate the implementation, mechanism, and procedure for the destruction of ships to be used as a basis for the Ministry of Maritime Affairs and Fisheries, Prosecutors' Office and the Courts in sinking fishing vessels conducting Illegal Fishing in Indonesian waters.
Transparansi Partai Politik dalam Rekrutmen Calon Legislatif Reny Heronia Nendissa; Claudio Patrick I Rahakbauw
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.261

Abstract

The development of democracy, the role and function of political lebih parties is more complete. This is due to the large expectations that are developing, so the function and role of the party will increase. However, the pattern of recruitment of candidates who do not consider the requirements to gain the votes of political parties. Based on the aforementioned background, the problem to be studied is the regulating the recruitment patterns of legislative candidates by political parties. The research method used in this discussion is normative juridical research using a research proposal-law (statute approach) and accessing concepts (conceptual approach). there is a legislative candidate who can be moved freely to another party and only joins when he will be nominated as a candidate by setting aside the old conditions as cadres approved by the party. Through this agreement, it was agreed that political parties could be emphasized by the principle of their parties to select candidates through clear and transparent recruitment patterns

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