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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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Penegakan dan Perlindungan Hukum Terhadap Satwa Kuskus (Phalanger SPP) yang Dilindungi di Kota Ambon Fikry Latukau
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.v25i1.134

Abstract

One of the animals favored by people and can be used as food for some people in Ambon City is cuscus (phalanger spp) is one of the long-tailed marsupial mammals and is also a part of natural resources that is priceless so that its sustainability needs to be maintained through various safeguards. In detail, the regulations concerning these animals are regulated in the regulation of the Minister of Environment and Forestry No. 20 of 2018 concerning the types of plants and animals that are protected. Protected animals are animals that have rarely existed and are therefore protected by various regulations. One of the actions which until now still often occurs and violates the rules in protecting animals is used as food (killed) for some people in Ambon City are cuscus (phalanger spp). The killing of wild animals is an act that has violated the provisions contained in Law No. 5 of 1990 concerning Conservation of Biological Resources and their Ecosystems. Where in article 21 paragraph (2) (a) it has been stated that the prohibition to kill protected animals. In an effort to protect the animals from killing, law enforcement against the trade of protected animals is a process of embodiment of the rules regarding the protection of animals in practice legally in order to realize the goal of protecting protected animals. Research based on normative law research (normative law research) uses normative case studies in the form of legal behavior products, for example reviewing laws. The subject of the study is a law conceptualized as a norm or rule that applies to society and becomes a reference for everyone's behavior. The application of criminal sanctions against some residents of Ambon City who consume cuscus animals (phalanger spp) does not work properly
Donor Air Susu Ibu (ASI) dan Permasalahan Hukumnya serta Upaya Pencegahan Terjadinya Hubungan Kemahraman Sabri Fataruba
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.v25i1.148

Abstract

Providing exclusive breastfeeding to babies is the duty of a mother, and the baby has the right to get exclusive breastfeeding from his mother for 6 (six) months, then perfecting it for 24 (twenty four) months or for 2 (two) years. However, not all biological mothers of children born can give breast milk to their children for various reasons. Therefore another mother is required to share (donate) her milk to meet the needs of the child's Mother's Milk. Sharing (donor) Mother's Milk is a noble act, because it can help children whose mothers for certain reasons cannot breastfeed their children. The legal provisions governing Mother's Milk donors are regulated in positive law as well as Islamic Law which is referenced from the word of Allah SWT, the hadith of the prophet Muhammad and Jumhur Ulama. A sincere effort to help other people's children to get Mother's Milk intake should be done by always paying attention to the applicable legal rules, because specifically for those who are Muslim according to their religious law, Mother's Milk donors can have implications for the occurrence of a relationship of friendship. To prevent the occurrence of marriage (marriage) due to the occurrence of the relationship of beauty, there needs to be synergy between government institutions, in this case the Ministry of Health, Ministry of Social Affairs, Ministry of Home Affairs, and Ministry of Religion. The manifestation of this synergy is in the form of policies (regulations) that must be immediately issued in accordance with the existing authority in each of these institutions which in essence is an effort to prevent the occurrence of marriage (marriage) due to the occurrence of the relationship of beauty. The policy (regulation) is a synergy between government institutions, in addition to preventing the occurrence of marriage (marriage) between certain people because of the relationship, also to prevent prospective Mother's Milk donors who have the disease, participate in donating breast milk so that endanger the health of the recipient donor
Perjanjian Nominee sebagai Sarana Penguasaan Hak Milik atas Tanah oleh Warga Negara Asing (WNA) Menurut Kitab Undang-Undang Hukum Perdata Yosia Hetharie
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.v25i1.147

Abstract

The main issues of concern in this study is still the practice of control of land ownership by foreigners through a nominee agreement by using the guise of citizen so as if it did not violate the Act. This action was legalized by a notary / PPAT that in fact understand clearly applicable law. Therefore, this study aims to analyze the validity, binding strength, and as a result of the implementation of treaty law nominee in the control rights to land by foreigners based on the law of treaties Indonesia as well as the role and responsibilities of a notary / PPAT in issuing deeds nominee agreement. Based on the results of research conducted by the author, so in this study showed that the nominee agreement in terms of acquisition of land by foreigners to borrow the citizen name is not valid since the beginning of the holding no bad faith agreement of the parties, contrary to the principle of freedom of contract by not qualify objective the validity of an agreement as provided for in Article 1320 of the Civil Code, and contrary to Article 9, Article 21 paragraph (1), and reaffirmed by Article 26 paragraph (1) BAL. Therefore, not the validity of the nominee agreement, legally do not have binding force means the juridical consequences of their actual nominee agreement violates the law and therefore null and void and the land fell to the state as required in Article 26 paragraph (2) BAL. The role of the Notary/PPAT in issuing deeds relating to a nominee agreement must still be based on the applicable rules. If the deeds issued by the Notary/PPAT detrimental to the party, then the Notary/PPAT can be requested, with overall responsibility for the losses.
Tinjauan Juridis Perkembangan Tanah-Tanah Adat (Dahulu, Kini dan Akan Datang) Novyta Uktolseja; Pieter Radjawane
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.v25i1.146

Abstract

Regarding land acquisition by humans (land tenure), Indonesia has its own history of the occurrence of various complex land tenure categories. Each land tenure category each has a characteristic setting regarding land ownership and ownership, and management objectives. This can be seen in Indonesian society in each area of residence other than the Indonesian people, the land also affects the government which in this case the government has the authority to control the land in use and intended for the community but the fact that the community is at a disadvantage by the government. thus how is the development of customary land which in the past was not registered, then in the present many customary land must be registered if registered so that the status of the land that was originally customary land changed status to property rights, then how to protect land adat which does not register what the impact of these lands will be in the future.
Implementasi Kewajiban Notaris untuk Melekatkan Sidik Jari Para Penghadap pada Minuta Akta Rizka Rahmawati
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.v25i1.138

Abstract

The unclear setting regarding the notary's obligation to attach the fingerprints of the viewers influences the implementation of these provisions. There is a vagueness of norms against the provisions of Article 16 paragraph (1) letter c UUJN-P because they are not explained in detail. In addition, there is also a norm conflict in Article 16 paragraph (1) letter c UUJN-P with Article 38 paragraph (4) UUJN-P number 2 concerning attachment of fingerprints. The problem is whether the background of the notary's obligation to attach fingerprints to the receipt of the deed, how is the procedure for carrying out the obligation of the notary in attaching fingerprints to the deed of the deed, and the legal consequences of the deed and notary the fingers of the viewers on the minuta deed based on UUJN-P jo. UUJN. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. The obligation of the notary to attach the fingerprint of the face in the background with the aim of anticipating if at any time the viewers deny their signature to the Minutes of Deed and this is an attitude of caution. In addition, regarding the procedure of implementation, regarding the obligation of the notary to attach fingerprints using the thumb/left thumb stamp and made on a new sheet or additional width. Normatively not attaching fingerprints does not give effect to the position of the certificate, the deed of the Notary is still valid and binding and has the power of proof that is perfect. For a Notary who does not carry out the obligation to attach a fingerprint to the Minute of Deed, the Notary may be subject to administrative sanctions.
Penetapan Waktu Pelaksanaan Banding Terhadap Putusan Pengadilan Tata Usaha Negara Pada Daerah Karakteristik Wilayah Kepulauan Dezonda Rosiana Pattipawae
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.133

Abstract

The party that makes a legal appeal against the case that has been decided by the State Administrative Court is limited by the time to file an appeal to the High Administrative Court. This as stipulated in the provisions of Article 123 of Act Number 5 of 1986 which stipulates the time for legal appeal against the decision of the State Administrative Court is 14 days after the court decision is notified to him legally Determination of 14 (fourteen) times to submit an appeal for parties who are dissatisfied or accept the decision of the State Administrative Court as stipulated in the Provisions of Article 123 of Act Number 5 of 1986 which at the time the decision of the State Administrative Court was read out was not present at the hearing stipulated in the provisions of Article 108 paragraph (2) of Law Number 5 of 1986 and residing in an archipelago such as Maluku Province which has a large area and consists of islands, greatly affects the fulfillment of the timeliness determined to file an appeal . It has an impact on the effectiveness of setting 14 (fourteen) days as the deadline for filing an appeal law. Accordingly, based on these conditions, the stipulation of 14 (fourteen) days to file an appeal law is not effectively applied to regions that are characterized by islands. Only effective in areas with continental characteristics.
Konsekuensi Yuridis Terhadap Diabaikannya Pelaksaan Putusan Pengadilan Tata Usaha Negara Yang Telah Memiliki Kekuatan Hukum Tetap Saartje Sarah Alfons
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.132

Abstract

Unlawful Consequences of Justice in the execution of the decision of the State Administration court by government officials, are arbitrary and contempt of court actions which may be subject to administrative sanctions as well as unlawful acts that may be sued in civil courts.
Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Elias Zadrach Leasa
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.131

Abstract

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).
Efektifitas Penegakan Hukum Terhadap Eksploitasi Sumber Daya Perikanan Di Zona Ekonomi Eksklusif Ditinjau Dari Undang-Undang Nomor 5 Tahun 1983 Reinier Sukarnolus Dimitri Sitanala
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.130

Abstract

Indonesia as a coastal country has the right to have the right to do business and exploitation and conservation and management of natural and non-biological natural resources in the Indonesian Exclusive Economic Zone. The obligation to carry out conservation of living natural resources is to determine the amount of catch allowed and determine the limits of sustainable harvests which aim to promote the utilization of the natural resources contained in the Indonesian Exclusive Economic Zone. To find out the implementation of the provisions in the 1982 Sea Law Convention on Exclusive Economic Zones in Indonesian legislation, it is associated with licensing, where licensing can be carried out through utilization so as not to exceed available limits. In addition, it is also the implementation of law enforcement for foreign fishing vessels that violate fisheries provisions in the view of international law and national law in the Exclusive Economic Zone
Pencatatan Perkawinan Di Indonesia Dikaitkan Dengan Good Governance Barzah Latupono
SASI Vol 24, No 2 (2018): Volume 24 Nomor 2, Juli - Desember 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i2.129

Abstract

Marriage registration carried out by marriage registrar employees is often not in accordance with the rules set out in the Act. The law requires that the marriage record be carried out if it has fulfilled the legal requirements for marriage. There are cases of marriages that do not meet the legal requirements of marriage and there are also marriages that meet the legal requirements of marriage but are not stated. State apparatus in various service sectors, especially those concerning the fulfillment of civil rights and basic needs of the community, must be carried out in accordance with the mandate of the 1945 Constitution. Marriage records, such as the making of National Identity Cards or Driving Permits, actually discuss public services that are the responsibility of the state. So that it should pay attention to the principle of good governance, one of which is to establish costs that are in accordance with the standard of living of the people and procedures that are not user-friendly.

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