SASI
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438 Documents
<![CDATA[The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review ]]>
<![CDATA[Lumentut, Lisma]]>;
<![CDATA[Palullungan, Liberthin]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1639
<![CDATA[Introduction: Individual Company is part of a legal reform which is based on efforts to empower small and medium enterprises. Individual Company are intended to empower the community's economy so that the leaders of individual Company need to receive protection through the business judgment rule doctrine.Purposes of the Research: This study aims to formulate a legal prescription related to the implementation of the doctrine in the conception of the business judgment rule in individual companies in terms of a progressive legal perspective.Methods of the Research: Normative law with a concept and statutory approach.Results of the Research: The relevance of the implementation of the business judgment rule doctrine for individual company can also increase the competitiveness of individual company because it can increase innovation from the leaders of individual company to be more optimal and maximal in managing individual company and not be afraid of the various risks that exist. Viewed from a progressive legal perspective, the reconstruction of the implementation of the business judgment rule doctrine for individual company can be carried out through analogical legal constructions because individual company and are generally the same in substance. In order to optimize the implementation of the business judgment rule doctrine for individual company, it is necessary to establish special rules governing guidelines and instructions in implementing the business judgment rule doctrine for individual company.]]>
<![CDATA[The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation ]]>
<![CDATA[Flora, Henny Saida]]>;
<![CDATA[Khomaini, Khomaini]]>;
<![CDATA[Wibowo, Dwi Edi]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1580
<![CDATA[Introduction: The development of the use of digital media has had an impact on the amount of hoax information on social media. The large amount of hoax information in the community has made law enforcement officials immediately apply criminal law enforcement against hoax news spreaders.Purposes of the Research: The urgency and formulation of the application of restorative justice in the crime of spreading hoax information on social media.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: The urgency of implementing RJ for perpetrators of criminal acts of spreading hoaxes on social media because RJ's orientation is to provide compensation for victims as well as having a future orientation to educate the public so they can prevent criminal acts from occurring. The application of RJ in cases of criminal acts of spreading hoaxes on social media can be formulated by regulating the application of RJ in cases of criminal acts of spreading hoaxes on social media by revising the provisions of the SKB UU ITE. Revision of the Joint Decree on the ITE Law by incorporating the RJ aspect as an effort to resolve the criminal act of spreading hoaxes on social media as well as the criminal act of the ITE Law in general.]]>
<![CDATA[Special Protection For Whistleblowers In Disclosing Money Laundering In Indonesia ]]>
<![CDATA[Hasbi, Mhd.]]>;
<![CDATA[Ansari, Ansari]]>;
<![CDATA[Hamdani, Muhammad Faisal]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1533
<![CDATA[Introduction: A suspected criminal act of money laundering or a person who is designated as a witness in the process of examining a criminal act of laundering is obliged to obtain protection from the state. Purposes of the Research: This paper aims to find out the criminal law aspects of reporting Money Laundering where in fact someone as a reporter usually turns into a suspect so that this paper gives the spirit and courage of the community as a reporter because it is protected by state law.Method Of The Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Results of the Research : Reporting of suspected money laundering or a person who is designated as a witness in the process of investigating a laundering crime is mandatory to obtain protection from the state. The protection given to reporters and witnesses is given in two forms, namely legal protection and special protection.]]>
<![CDATA[The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice ]]>
<![CDATA[Hamamah, Fatin]]>
<![CDATA[ SASI Volume 29 Issue 4, December 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i4.1530
<![CDATA[Introduction: The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.Purposes of the Research: The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.Results of the Research: Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society.]]>
<![CDATA[Existence of Performing Rights: An Analysis of Implications and Orientations for Café Singers ]]>
<![CDATA[Prayogi, Akhwan]]>;
<![CDATA[Kurniawan, I Gede Agus]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1529
<![CDATA[Introduction: Performing rights are rights attached to copyright as an integral part of the creation of a work. In the context of copyrights to songs or music, performing rights relate to the need to pay royalties to songwriters or music for attempts to use songs or music commercially.Purposes of the Research: Implications of performing rights for café singers to continue paying royalties based on statutory regulations and how the performing rights orientation for café singers is ideal in ensuring justice for songwriters or music as well as for café singers.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: The implications of performing rights for café singers to continue paying royalties based on statutory regulations, namely that there is no legal certainty for café singers because there is no specific regulation governing them. The performing rights orientation for café singers is ideal in ensuring justice, namely by excluding royalty payments for café singers because the commercialization impact received by café singers is not large and only sufficient to make ends meet.]]>
<![CDATA[Establishment of The Law On The Seizure of Assets Resulting From Money Laundering Based On Fair Law Enforcement In Indonesia ]]>
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Hasibuan, Edi Saputra]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1504
<![CDATA[Introduction: The realization of Parliament's desire to support asset seizure efforts, currently there is a discourse to regulate the seizure of assets resulting from criminal offenses in a separate law. The proposal to form a law on the expropriation of assets resulting from criminal acts is seen in the agreement to include a draft law on the expropriation of assets resulting from criminal acts in the National Legislation 2009-2014.Purposes of the Research: The purpose of this study is to explain the paradigm that the importance of the establishment of asset seizure laws in money laundering.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The urgency of establishing a special asset seizure law for money laundering is an inadequate mechanism. Adequate mechanisms in asset seizure efforts are expected to use the mechanisms contained in the UNCAC so that asset seizure in Indonesia will run effectively.]]>
<![CDATA[Maritime Dispute Resolution With Mediation Techniques ]]>
<![CDATA[Gayo, Sabela]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1477
<![CDATA[Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution.]]>
<![CDATA[Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java ]]>
<![CDATA[Kusmayanti, Hazar]]>;
<![CDATA[Kania, Dede]]>;
<![CDATA[Sulastri, Dewi]]>;
<![CDATA[Suhartini, Endeh]]>;
<![CDATA[Rajamanickam, Ramalinggam]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1467
<![CDATA[Introduction: The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research: In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).]]>
<![CDATA[The Use of Artificial Intelligence in Dispute Resolution Through Arbitration: The Potential and Challenges ]]>
<![CDATA[Agus, Agus]]>;
<![CDATA[Sudirman, Sudirman]]>;
<![CDATA[Umar, Wahyudi]]>;
<![CDATA[Rustan, Ahmad]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1393
<![CDATA[Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies.]]>
<![CDATA[Legal Consequences of Making a Notary's Cover Note in the Implementation of Notary's Duties ]]>
<![CDATA[Lubis, Ikhsan]]>;
<![CDATA[Murwadji, Tarsisius]]>;
<![CDATA[Sunarmi, Sunarmi]]>;
<![CDATA[Sukarja, Detania]]>
<![CDATA[ SASI Volume 29 Issue 3, September 2023 ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pattimura ]]>
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DOI: 10.47268/sasi.v29i3.1292
<![CDATA[Introduction: One of the legal goods provided by a notary is a cover note, which is a statement in the management of a deed or a notarial document stating that the deed is in progress and can be finished within the time set by the cover note.Purposes of the Research: A notary certificate is referred to as a cover note, as a substitute for the process of obtaining a certificate from a notary public, land title guarantees can be replaced temporarily depending on needs and developments. Notaries can make issue cover notes, which have legal consequences and make legal norms null and void. The legal basis for making and issuing cover notes is not yet known. This paper discusses two matters: What legal authority does a notary have to issue a cover note? What are the legal consequences of publishing a cover note by a notary? Methods of the Research: This is typical of legal writings that take a legal approach and examine legal concepts. In socio legal research, research begins with a hypothesis. After formulating the hypotheses, the hypotheses are tested. Data collection techniques in socio legal research are carried out through interviews, observation, questionnaires and document analysis.Results of the Research: However, notaries are allowed to issue and make cover notes because it is a form of agreement. This paper concludes that there is no legal basis for regulating cover notes. If the duties and authorities do not comply with the contents of the cover note, the law will result in a violation of Article 1366 of the Criminal Code.]]>
