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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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PERLINDUNGAN HUKUM TERHADAP HAK PEREMPUAN SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA (KAJIAN PERSPEKTIF HAK ASASI MANUSIA) Margie Gladies Sopacua
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.179

Abstract

Issues of justice and human rights in relation to the enforcement of the law is not a simple job to be realized. Violence against women in general is a serious problem experienced by many women in Indonesia, because this issue is like a small pyramid on top but large at the bottom because it's hard to get an exact figure because of the "sensitivity" of the issue. Violence against women is all forms of violence resulting in pain or suffering to women including threats,hamper, curb, negating the enjoyment and constitutes a violation of Human Rights, whichresulted in suffering the physical, psychological, or sexual well occurs outside or within thescope of the household itself.
KOMPETENSI ABSOLUT PENGADILAN AGAMA DAN KEKHUSUSAN BERACARANYA PASCA AMANDEMEN UNDANG-UNDANG NOMOR 7 TAHUN 1989 TENTANG PERADILAN AGAMA Sabri Fataruba
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.178

Abstract

Absolute competency Religious Courts after the amendment of Law Number 7 of 1989 both according to Act Number 3 of 2006 on the amendment of Act Number 7 of 1989, and according to Act Number 50 of 2009 on the Second Amendment Act Number 7 of 1989 onReligious Courts become increasingly widespread with the presence of a special Courts in the province of Nangroe Aceh Darussalam, the competence not only in the field of civil law of Islam, but also including Islamic criminal law as well as other competencies stipulated in the by laws. The Religious Courts Competence to grow wider with their competence andadjudicates disputes zakat, infaq, and economic syari’ah, then, specifically with regard tothe absolute competence Religious Competency Courts in examining and deciding disputessyari’ah economy, the parties to the dispute are not only people who are Muslims, butpotencialy also for those non-Muslim who voluntary submit himself to the laws of Islam. Inaddition, with the elimination of the option rights, the Religious Courts also authorized toexamine and decide property disputes and other civil cases related to the object of the dispute is set out in article 49 of Act Number 3 of 2006, when the subject of the dispute is between those who are Muslims. Specificity associated with litigation, with the potential fornon-Muslim people as a subject for dispute resolution in the syari’ah economy on the basis of voluntary submission to Islamic Law, then, the position of the principle of personality toIslamization as a procedural specificity on the Religious Courts as a contained in article 1paragraph 1 of Act Number 7 of 1989 is not absolute again. Another thing that is necessaryand should be regulated, but it is not regulated at all, both in the first amendment , namely Act Number 3 of 2006, and the second amendment, namely Act Number 50 of 2009 on amendment of Act Number 7 of 1989 about Religious Courts relating to the specificity of the hearing of the Religious Courts is a problem charging the case, but with the expansion of its jurisdiction as set forth in Article 49 in conjunction with article 50 of Act Number 3 of 2006, the provisions on court fees, as contained in Article 89 paragraph (1) of Act Number 7 of 1989 is no longer relevant, so if the judge would still apply, it is devinitely potentially also apply to the judge in the case decide imposition of court fee is not fair to the parties, especially for led by won in a yudicial decision.
INDONESIA DALAM PENERAPAN HUKUM BERDASARKAN ALIRAN MONISME, DUALISME DAN CAMPURAN Veriana Josepha B. Rehatta
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.177

Abstract

Countries in the world in the activity always in touch and relate with other countries. This causes the applicable national law a country will always be associated also with international law. It spawned two big flow of the relationship between national law and international law, namely the flow of monism sees both national law and international law are two aspects of the same from one system, and the flow of dualism considers that international law and national laws is a two fields laws are different and independent from one another. both monism and dualism, each has perceived flaws could not answer development issues at present, then the birth of a new legal theories such as the theory of transformation, the delegation theory and the theory of harmony. According to the theory of transformation, the rules of international law to be valid and honored as national norms have to go through the transformation process or over forms, either formally or substantially. Meanwhile, according to the theory of the delegation, the implementation of international law left to the states or the national law of each. So the problem of implementation was delegated to national law. And according to the theory of international law and the harmonization of national law must be interpreted in such a way that between them there was harmony. it was clear that Indonesia as part of the international community can not escape from the application of international law and also can not rule out the positive law or domestic law. So based on the spirit of nationality and legal ideals (recht idee) Indonesia, then Indonesia following the flow of mixture between Monism and dualism in this harmonization, but harmonization is hoped that coordinate with each other harmonization
PENERAPAN SANKSI PIDANA MATI KEPADA KORUPTOR SUATU PERBANDINGAN HUKUM ANTARA INDONESIA DAN CINA Steven Makaruku
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.176

Abstract

Under the provisions of Law No. 31 Year 1999 jo Law No. 20 of 2001, the type of criminalsanctions can be imposed judges against the accused of corruption that is for people whocommit criminal acts of corruption in Indonesia is Criminal Dead, Criminal Prison and PenalSupplement. Sanctions death penalty to corrupt when corruption was carried out on fundingearmarked for coping with the hazards, national disasters, social unrest is widespread, theeconomic and monetary crisis management, and the repetition of acts of corruption. Underthe provisions of this Article, the application of sanctions the death penalty for corruptionimposed only if it is done in certain circumstances. In contrast to China, the Chinese government's commitment to eradicate corruption no doubt, not just a slogan or a rhetorical,because in the system of prevention of corruption in China when an officer was proved onlyaccept bribes, then legal sanction given to him to till the death penalty. related to theimplementation of sanctions Criminal die for actors in Indonesia and China, it is seen thatpolitical action imposition of capital punishment against perpetrators of corruption inIndonesia is still weak, while in China's political action imposition of capital punishmentagainst the perpetrators of the crime of corruption is very strong due to the strongcommitment of government to combating corruption. A strong commitment to prevent andcombat corruption could prove the decrease of corruption
KEBIJAKAN MORATORIUM REMISI DAN PEMBEBASAN BERSYARAT BAGI NARAPIDANA TINDAK PIDANA KORUPSI DI INDONESIA Yonna Beatrix Salamor
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.175

Abstract

Effect of eradication of corruption in Indonesia and according to Law Number 31 Year 1999jo. Law No. 20 of 2001 on Corruption Eradication, explaining that the corruption that hasbeen widespread, not only detrimental to the state, but also a violation of social rights and theeconomy at large, so that corruption needs to be categorized as crime eradication should bedone widely. various policies have been carried out by the government in tackling corruptionin the form of legislation and in various policies related to criminal law corruption. One ofthe criminal law policy in the field of corruption that is much discussed today is a moratoriumremission and parole. Based on the principles in the formation of legislation lex superiorderogat legi inferior, which means that the regulation of low position must not conflict withhigher regulations. moratorium remission and parole for inmates of corruption in Indonesiaissued by the Ministry of Law and Human Rights of the Republic of Indonesia, contrary toLaw No. 12 of 1995 concerning Corrections
PENEGAKAN HUKUM DI KAWASAN ALUR LAUT KEPULAUAN INDONESIA (ALKI) MENURUT KONSEPSI HUKUM INTERNASIONAL DAN HUKUM NASIONAL INDONESIA Richard Marsilio Waas
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.174

Abstract

Indonesia is an archipelago consisting of 17,504 islands with the second longest coastline in the world after Canada. Indonesian territory that stretches from Sabang to Merauke composed of 1/3 and 2/3 of the ocean and the mainland after Indonesia ratified UNCLOS in 1982. Based on Law No. 17 of 1985, the extent to 7.9 million km2 comprising of 2 million km2 of land and 5.9 million km2 of ocean. Because Indonesia has good sea area that is subject to the sovereignty and are subject to or falls below the rights and territorial region. In addition to have ratified the Convention on the Law of the Sea 1982 (UNCLOS) Indonesia has also been transformed into Law No. 6 of 1996 and the subsequent Indonesian Government Regulation No. 37 of 2002 on the rights and obligations of foreign ships and aircraft in exercising the right of archipelagic sea lanes passage through archipelagic sea lanes set. Government Regulation No. 38 of 2002 also enhance the rules on listing Baselines of Indonesia where the establishment of ALKI also based on Law No. 17 of 1985 in addition to the Law No. 43 Year 2008 on the territory of the State as well as for guidance in enforcing the law in the territory of the Republic of Indonesia. Importance of the sea in the relations between nations led to the important role of international maritime law, because of the law, among others define the limits of state sovereignty coastal or island states in managing and utilizing sea space especially sea area under the sovereignty such as the territorial sea and archipelagic waters, Archilepagic Sea island nation is the right to give a right of passage for vessels in exercising the right of archipelagic sea lanes passage through predefined. In addition to the island nation that has the right to ensure the safety of crossing ALK passer, passer also have rights and obligations if doing track in the archipelagic sea lane, while respecting the legal provisions in force nationally in a State.
PERAN AKTIF MASYARAKAT HUKUM ADAT DALAM PEMBANGUNAN EKONOMI Adonia Ivonne Laturette
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.173

Abstract

Settlement of Disputes over customary law society land is through deliberation to reach consensus with mutual respect of position of each party which also involves Local Government. If the business through consultation does not reach an agreement then the settlement of the dispute must be settled through legal channels through the State Administrative Court (PTUN) with the initial mechanism that the customary law society encourages the Official of the Land Office to issue the customary land stature of customary law society. Based on the Decree issued by the Official of the Land Office can be made as a suit to the State Administrative Court.
PERLINDUNGAN HAK ASASI MANUSIA PEKERJA KONTRAK (OUTSOURCING) DI KOTA AMBON Barzah Latupono
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.172

Abstract

as a creature of God Almighty who also have rights. One form is a contract worker rights are guaranteed to be protected in accordance with the values of religion and humanity as well as of Pancasila and the destination country listed in the 1945 Constitution Protection of workers intended to guarantee the basic rights of workers and ensure equality of opportunity and treatment without discrimination on anything for the welfare of workers and their families with regard to the progress of the business and the interests of employers. Legislation related to the protection of workers namely Law No. 13 of 2003 on employment and the implementing regulations of the law in the field of employment.
PEMIDANAAN ANAK DALAM PERSPEKTIF KEADILAN RESTORATIF Hadibah Zachra Wadjo
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.171

Abstract

The Indonesian Penal Code system enters a new phase in its development. One of the reforms existing in the Indonesian Penal Code is the regulation of criminal law in perspective and the achievement of justice to the improvement and restoration of the situation after the events and processes of criminal justice known as restorative justice which is different from retributive justice (emphasizing justice on retaliation ) And restitutive justice (emphasizing justice on compensation). Children are part of the citizens who must be protected because they are a generation of nation that in the future will continue the leadership of the Indonesian nation. Each child in addition must get a formal education such as school, also must get a moral education so that they can grow into a figure that is useful for the nation and state. In accordance with the provisions of the Convention on the Rights of the Child ratified by the Indonesian government through Presidential Decree No. 36 of 1990, then also set forth in Law No. 4 of 1979 on Child Welfare and Law No. 23 of 2002 On Child Protection and Law No. 11 of 2012 on the Criminal Justice System of the Child which all present general principles of child protection, namely non-discrimination, best interests for children, survival and growth
KERUGIAN NEGARA DALAM PEMBERIAAN PINJAMAN DANA BERGULIR BAGI KOPERASI SIMPAN PINJAM Jacob Hattu
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.170

Abstract

Cooperative is one of the pillars of economic effort that plays a very important role and is a vital nation economic tool, because it can reach the lives of all people, especially small communities in rural areas. To support the Cooperative as an economic organization that empowers small communities, the government provides a revolving fund program. In pratiknya repayment of the loan does not run well so that occur troubles especially bad loans, while the funds that have been rolled must be accounted by the cooperative, the inability of cooperatives in managing the loan funds raises the state money can not be returned and resulted in the loss of the state and it must be in account Criminally.

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