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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 460 Documents
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SANKSI PIDANA TAMBAHAN BAGI PELAKU KEKERASAN SEKSUAL ANAK Hb Sujiantoro
SASI Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i1.158

Abstract

Violence especially sexual violence in children lately occurred in the midst of society. The media, both print and electronic almost daily, present news related to sexual violence, in which children are victims of perpetrators. On that occasion, there was a strong public reaction by condemning the actions of the perpetrators, they requested that the perpetrators be punished with the most severe punishment and some even ask the perpetrators to be punished by the law and sentenced to death. Given the cruel acts of the perpetrators not only arise the reaction of the community, but make the government, from the President, Social Minister, Minister of Justice and Human Rights and others, also members of the House voted to condemn the barbaric acts of the perpetrators and requested that perpetrators be punished weighing.In response to this, the Government in this case President Joko Widodo on May 25, 2016 signed the Government Regulation in Lieu of Law (PERPPU) No. 1 of 2016 on the Second Amendment to Law No. 23 of 2002 on Child Protection. Which according to the term is generally called PERPPU Kebiri. The PERPPUalso regulates sanctions for heavier offenders also regulating additional criminal sanctions. Furthermore, on May 9, 2016 this PERPPU is set to become Law No. 17 of 2016. Given the importance and the need for security and free from threats to children, the protection of the victims is necessary so that he has a better future. Because it is related to the future of the nation, it is appropriate that additional punishment (the other and the other) for the perpetrator of child sexual violence. For the sake of justice, additional criminal sanctions of chemical curiosity, installation of electronic detection devices (chip), and announcement of the identity of perpetrators to the public for child sex offenders are considered effective, because it can: 1). Cause the deterrent effect for the perpetrator 2) .Press the action of sexual crime (especially in the short term), because the potential perpetrators are afraid and think again if they want to repeat the action again 3). Providing protection against victims (children) from sexual violence.
WANPRESTASI DALAM PERJANJIAN WARALABA Marselo Valentino Geovani Pariela
SASI Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i1.157

Abstract

The development of such a fast franchise business can occur because with the franchise system in general the possibility of success is greater than if you start a business with your own power and the name / trademark itself is still new, but the franchise business is not spared from the various deficiencies and advantages that will faced by the parties especially in the franchise agreement. The occurrence of wanprestasi on the franchise agreement resulted in legal consequences that the parties to the fraudulent agreement are entitled to claim compensation and cancellation of the agreement to the franchisor who committed the default.
TINDAKAN SAFEGUARD DALAM PASAR BEBAS ASEAN SEBAGAI UPAYA PERLINDUNGAN INDUSTRI DALAM NEGERI Theresia L Pesulima
SASI Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i1.156

Abstract

The provisions concerning the Safeguard action are mentioned in Article 3 (8 f) Trade In Goods Framework Agreement on Comprehensive Economic Cooperation Beyond the Association of South Asian Nations and the People's Republic of China as ratified by Presidential Decree number 48 of 2004 Concerning the Agreement on the Framework for Comprehensive Economic Cooperation Between the Member States of the Association of Southeast Asian Nations and the People's Republic of China, article 3 point 8 (f) which refers to the GATT principle. This safeguard is a form of protection against the domestic industry that suffers loss or threat of loss caused by increased imports by limiting imported goods whose imports are increasing. In safeguard implementation in Indonesia, security measures shall comply with the requirements set forth in Articles 3 to 8, as well as Article 11 of  Keppres number 84 of 2002 concerning the Safeguard Measures of Domestic Industries Due to the Increase in Import Imports. The Regulation governs the determination of serious harm and / or threat of serious harm to domestic industry due to the surge of imports of investigated goods shall be based on the analysis of all related factors objectively and measurably from the industry.
PENDAFTARAN MEREK PRODUK USAHA MIKRO KECIL DAN MENENGAH UNTUK MEMPERKUAT DAYA SAING MENGHADAPI MASYARAKAT EKONOMI ASIA Teng Berlianty
SASI Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i1.155

Abstract

The presence of MEA will be an economic area with a high level of competition and high, alsoa big threat associated with IPR that will be experienced by creative industries of Small andMedium Enterprises (MSME’s). The growing growth of MSME’s over the last 5 years hasbecome the main capital for Indonesia in increasing domestic income. To provide intellectual property rights protection for creative industries of domestic MSMEs,especially in the field of Brand in welcoming the economy of ASEAN people with the presenceof overseas products circulating in Indonesia, will give the opportunity for the similarity ofthe brand both products and services, it is necessary attention / the firmness of thegovernment in protecting the products of the small domestic creative industry because thesmall industry is still lulled and still lay with the importance of registration of HKI on itsbrand products. Generally they are satisfied with the achievements of products and brandsthat are built acceptable to consumers regardless of whether their products will be imitated orhijacked.
MEMAHAMI THIRD WORLD APPROACHES TO INTERNATIONAL LAW ( TWAIL ) Dyah R. A. Daties
SASI Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i1.154

Abstract

The development of international law can not be separated from the history of the world, butthe development can not be separated also from the dark width with the outbreak of WorldWar I and World War II. After the end of World War II, the beginning of a period ofbrightness which is a new stage for the development of society and international law. Thereare some new changes and developments but the situation does not reflect the world as awhole because of the polarization of the world or the international community at that timewas divided into two. The second group, which is the former colony of the former, considersthat international law is heavily dominated by European and American values, and in no wayaccommodates the values of local wisdom from the former colonies. Along with thedevelopment of contemporary international law, the "lawsuit" of former colonies that areusually also referred to as third world countries against the domination of European andAmerican countries in international law is the reason for the birth of Third World Approachesto International Law. TWAIL exists to solve, appearing to show the material and ethicalissues and difficulties facing the Third World.
EFEKTIFITAS EKSEKUSI PERADILAN TATA USAHA NEGARA BERDASARKAN UNDANG-UNDANG NOMOR 51 TAHUN 2009 Soeleman Baranyanan
SASI Vol 23 No 1 (2017): Volume 23 Nomor 1, Januari - Juni 2017
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v23i1.153

Abstract

The enforcement of justice and the limitation of the use of violence are two of the many conditions and values or the upholding of democracy. One of the institutions for the implementation of democratic values is the existence of a free judicial system to guarantee human rights and to maintain justice. The urgency of the existence of administrative justice in realizing the rule of law encourages the government to establish a legal system in the administrative court. Namely through the establishment of Act No. 5 of 1986 on the State Administrative Court, which is the foundation for the establishment of the State Administrative Court in Indonesia. In the explanation of Law Number 5 Year 1986 mentioned that the State Administrative Court was held in order to provide protection to the people of the court of justice, who felt themselves harmed by a Decision of State Administration. In principle, a country is expected to provide protection to the human rights of its citizens. What is done through the separation or distribution of state power, because the centralization of state power absolutely in one hand alone makes authoritarian government. While the government based on the law is expected to guarantee the protection of the human rights of its citizens.
Pelaksanaan Eksekusi Putusan Pengadilan Tata Usaha Negara Di Era Otonomi Dezonda Rosiana Pattipawae
SASI Vol 25 No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.151

Abstract

The execution of the State Administrative Court Decision which has permanent legal force (inkracht van Gewijsde) in the era of autonomy is as wide as possible, and begins with the breakdown of the paradigm of regional autonomy in the 1945 Constitution of the Republic of Indonesia. Article 18, Article 18A and Article 18B, the implementation of regional government is based on the principles that become the normative basis. State Administrative Court decisions that cannot be executed have caused pessimism and apathy in society. The problem is that there is no executive power in the Law Number 5 of 1986 concerning the Regulation of State Administration. This condition is an alarming fact that the existence of a State Administrative Court Decision has not been able to bring justice to the public in the administrative sphere of government. The principle of the existence of a State Administrative Court Decision, to place judicial control in the implementation of good governance becomes biased in the Indonesian constitutional system.
Pelangaran Outsourcing Yang Dapat Dikategorikan Sebagai Tindak Pidana Perdagangan Orang Alexander Simon Pally
SASI Vol 25 No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.149

Abstract

This study discusses Outsourcing violations which can be categorized as Trafficking in Persons. In this writing, outsourcing workers employed need to get legal protection in accordance with the mandate of Article 27 paragraph (2) of the 1945 Constitution stating "Every citizen has the right to work and remuneration that is appropriate for humanity" and Article 28D paragraph (2) asserting that "every person has the right to work and receive compensation and fair and proper treatment in employment relations" outsourcing workers who work outside and / or exceed working hours, and the recruitment of the wrong workers need to be sanctioned as a form of protection for workers. Based on Article 65 paragraph (6) of Law Number 13 of 2003, this study uses the Normative Juridical research method which uses library legal materials and in the results of its research the researcher gets the implementation of the outsourcing system work relations occur, namely between labor, employer, and providers of labor or outsourcing companies. The Crime of Trafficking in Persons is possible to occur when from the process of recruitment of workers, appropriation of workers and remuneration of workers.
Jaminan Perlindungan Hak Pilih dan Kewajiban Negara Melindungi Hak Pilih Warga Negara dalam Konstitusi (Kajian Kritis Pemilu Serentak 2019) Felani Ahmad Cerdas; Hernadi Afandi
SASI Vol 25 No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.142

Abstract

Human rights are a fundamental right that has been carried out by a human being while guarantees in the state in protection and regulation must be guaranteed in a fundamental law, namely the constitution of a country in Indonesia itself in the protection of human rights in Article 1 article (2) Article 28 Article 2 Paragraph (1) Article 6 A (1) Article 9 Paragraph (1) Article 22 (c) In essence the protection of the right to vote and be elected by the state is absolutely done while the implementation is stated in Law No. 39 of 1999 concerning Human Rights In article 23 which reads: everyone is free to choose and and has political beliefs, that means the protection of voting rights and voting has been carried out in the Indonesian state's legal politics in practice the suffrage is implemented by the General Election Commission in implementing the right to vote and be elected this is very difficult because the population system in Indonesia is still inadequate as a result of the right to vote this is not obtained by the citizens themselves.
Mutual Legal Assistance Pada pemberantasan Cyber Crime Lintas Yurisdiksi di Indonesia Bambang Hartono; Recca Ayu Hapsari
SASI Vol 25 No 1 (2019): Volume 25 Nomor 1, Januari - Juni 2019
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v25i1.136

Abstract

The development of global information and transportation technology is accompanied by the development of criminal acts that no longer recognize jurisdictional boundaries, so that the response requires joint handling of world countries. Mutual assistance in criminal matters is one way to stop fraudulent acts of criminals who want to hide assets. The implementation of the Mutual Legal Assistance System was realized in the implementation of Law Number 1 of 2006 concerning Reciprocal Assistance in Criminal Issues, namely by establishing cooperation with countries that have the potential to be used as hiding places or to save income from the crime. This has become one of the efforts to prevent cross-jurisdictional cyber crime by implementing a Mutual Legal Assistance System

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