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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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Safeguarding Fishermen's Livelihoods: A Human Rights Approach Against Coastal Reclamation Palilingan, Toar Neman; Pinori, Josepus Julie; Lengkong, Natalia Lana; Yunus, Ahsan; Setiabudhi, Donna Okthalia
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2330

Abstract

Introduction: Coastal reclamation has become a controversial issue with significant impacts on the lives of local fishermen. Reclamation activities aimed at regional and economic development often neglect the rights of traditional fishermen who depend on the sea for their livelihoods, leading to conflicts between development interests and the protection of human rights, particularly the rights of local fishermen.Purposes of the Research: This study aims to analyze the legal protection of fishermen in the context of reclamation in North Sulawesi, focusing on a human rights perspective.Methods of the Research: The research employs a normative juridical approach, examining relevant legislation related to reclamation and fishermen's rights, as well as analyzing the implementation of laws in practice.Results of the Research: The findings reveal that reclamation in North Sulawesi presents two conflicting sides. On one hand, it offers significant economic benefits to the state, but on the other hand, it poses a risk of human rights violations, particularly for coastal fishermen. The negative impacts of reclamation are evident in the decline in fishermen's income and the increase in living costs since the project was implemented. Legal protection of fishermen's human rights must be enforced through strict sanctions, including substantial fines, against parties who fail to fulfill their obligations to the fishermen.
Comparison of Kerta Desa Bali and Malaysian Indigenous Court Karwiyah, Karwiyah; Judiasih, Sonny Dewi; Kusmayanti, Hazar
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2322

Abstract

Introduction: Customary courts are institutions of dispute resolution that are alive and well in customary societies. Indonesia, which is not much different from Malaysia, has a similar culture and has customary courts. Kerta desa Bali is one of Indonesia's customary courts at the village level and in Malaysia there are indigenous court.Purposes of the Research: This research paper will discuss the comparison of kerta desa Bali courts and Malaysian indigenous court.Methods of the Research: This research uses a normative juridical approach. The research specification is descriptive analytical, namely by describing and comparing of kerta desa Bali and Malaysian indigenous court which are associated with regulations, legal theories, and community customs. The research stages use primary, secondary, and tertiary legal materials with data collection methods carried out through literature studies.Results of the Research: Kerta desa Bali sought to resolve disputes through deliberation and peace, although customary courts were not included in the judicial system, but did not absolutely reject dispute resolution mechanisms through customary courts. Meanwhile, Malaysia emphasizes that there are three judicial systems, namely district courts, sharia courts, and indigenous courts in Sabah and Sarawak, which have structures and according to the customs of the indigenous population.
Sharia Economic Law Regulation In Indonesia And Malaysia: Implementation And Challenges Khotimah, Umi Khusnul
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2312

Abstract

Introduction: This article explores the implementation and regulatory challenges of Sharia economic law in Indonesia and Malaysia, two key players in Islamic finance. Both countries have integrated Islamic principles into their economic frameworks, but their approaches differ due to legal, historical, and political factors.Purposes of the Research:  The purpose of this article is to analyze and compare the regulatory frameworks governing Sharia economic law in Indonesia and Malaysia. It aims to highlight both the successes and obstacles in implementation, while offering potential recommendations for improvement.Methods of the Research: This study employs a comparative legal research methodology, analyzing primary legal sources such as laws, regulations, and official guidelines from Indonesia and Malaysia. Secondary sources, including academic articles and government publications, provide context for understanding how these frameworks are implemented.Results of the Research: The research finds that Malaysia’s centralized regulatory system, led by the Sharia Advisory Council (SAC), provides clear guidelines for Sharia-compliant financial products. In contrast, Indonesia’s regulatory framework is more fragmented, with overlapping responsibilities between institutions, creating challenges for effective implementation.
Integration of Customary Law in The National Legal System Comparative Study of Malaysia and Indonesia Febrianty, Yenny; Ghapa, Hasliza; Ahmad, Asmida
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2303

Abstract

Introduction: Customary law shapes and protects indigenous cultural identity and rights in the face of rapid modernity. However, customary law incorporation into national legal systems, notably in Malaysia and Indonesia, remains difficult. Both nations recognize and integrate customary law into their legal systems, but disparities in indigenous peoples' land, forestry, and natural resource management rights enforcement and protection exist.Purposes of the Research: The study's main objectives are to (1) understand and evaluate customary law's inclusion into Malaysia and Indonesia's legal systems and (2) determine the best framework for this incorporation given the fast rate of modernization.Methods of the Research: This research employs a normative juridical methodology with statutory and comparative approaches. Through a review of relevant laws and literature from both countries, this study seeks to identify and compare how customary law is integrated into the national legal systems of Malaysia and Indonesia.Results of the Research: The research identified discrepancies in indigenous peoples' rights enforcement and protection, notably in land, forestry, and natural resource management, despite both countries adopting customary law into their legal systems. This research emphasizes the necessity for inclusive and participatory customary law incorporation into national legal systems. Customary law is important to these systems and is acknowledged, preserved, and respected. Scholars, attorneys, and legislators in both countries may utilize this study to protect indigenous rights.
Politics and Law of Sports Business (Sport Industry) After the Ratification of Law no. 11 of 2022 Nadiasa, I Ketut; Kurniawan, I Gede Agus
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2251

Abstract

Introduction: The development of the sports industry inherently provides opportunities related to economic orientation and job creation within the sports industry.Purposes of the Research: This study focuses on analyzing the legal-political aspects in sports law following the enactment of the Sports Law. The research aims to address two legal issues: (i) issues concerning the sports industry within the Sports Law, and (ii) the legal-political dynamics of the sports industry within the Sports Law and future regulatory efforts.Methods of the Research: This research employs a normative legal research approach, emphasizing conceptual and legislative analysis.Results of the Research: There are three issues and weaknesses in the regulation of the Sports Law concerning the sports business: the lack of provisions regarding the empowerment of micro, small, and medium enterprises (MSMEs) in the sports business sector, the non-integration of sports law regulations with general business regulations potentially leading to regulatory overlaps that hinder sports business operations, and the partial nature of corporate social responsibility regulations in aiding sports development, limited to financial contributions by sports entities. Generally, the legal-political framework of the sports industry under the Sports Law has provided regulations concerning sports business and involved parties. To optimize the legal-political framework of the sports industry, future regulatory efforts are needed to refine the Sports Law through revisions aimed at enhancing the sports business environment, accommodating meaningful participation from relevant stakeholders. Another critical aspect is the formulation of implementing regulations within the Sports Law, particularly those pertaining to the sports business, to ensure integrated regulations between sports-specific implementing rules and those of other sectors sharing similar business orientations.
Copyright Regulation for AI-Generated Images Legal Approaches in Indonesia and the United States Raharja, Made Doni Darma Dananjaya; Sadnyini, Ida Ayu; Angelo, Michael
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2228

Abstract

Introduction: The background of this research addresses the generated image by Artificial Intelligence whether it is protected by copyright, it is based on creating an image is usually created directly by the person, but in this context the image created is made by artificial intelligence.Purposes of the Research: The purpose of this research first to determine the copyright arrangements against images created by artificial intelligence in Indonesia and then to find out related copyright arrangements in the United States related to images generated by artificial intelligence.Methods of the Research: This research uses normative legal research methods, and  the approach used is normative legal research on the basis of the vagueness of norms related to images that degenerate by copyright including copyright. The approach used in this research is a conceptual approach, statutory approach, analytical approach, and comparative approach.Results of the Research: The images generated by AI are protected by copyright, but the subject that is actually protected is the human who commanded the AI to create the image. Where only humans are considered legal subjects that can protect their work. Although AI can create works, AI itself is not considered to have the morality necessary for copyright law protection. Therefore, in the event that an AI creates a work, copyright law protection is extended to the human controlling the AI as the actual creator.
Study of the Implementation Restoration Concept in the Criminal Justice System in Indonesia Mashendra, Mashendra; Ibrahim, Kayode Muhammed; Salam, Safrin; Nurcahyo, Edy; Chatimah, Nurul Ambiyaa
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.1888

Abstract

Introduction: The Indonesian Criminal Justice System does not recognize concepts related to restoration, such as restorative justice, alternative conflict resolution, circular punishment, or ishlah. The idea of restoration is generally not recognized by the Criminal Procedure Code (KUHAP), which is based on the concept of legality.Purposes of the Research:  To study and discuss the actual existence of the function and impact of the concept of restoration (restorative justice, alternative dispute resolution, circular punishment, and circular punishment or Ishlah) in the development of the Indonesian Criminal Justice System.Methods of the Research: This research uses a normative research methodology with a qualitative approach to investigate the concept of restoration and its consequences for various applicable laws and principles.Results of the Research: The findings of this research show that the concepts of recovery and restoration, such as alternative dispute resolution and punishment, are concepts that prioritize the interests of the parties involved, especially the principles of win-win solutions and recovery. This has been used to resolve criminal cases that meet standards at both the investigation and prosecution levels as one way to resolve criminal cases. The application of these ideas in the Indonesian Criminal Justice System is a deviation from the basic principles of the Criminal Procedure Code, namely the principle of legality which must be observed at all times. It is recommended that methods for implementing restorative ideas be included in the Draft Criminal Procedure Code (RKUHAP). Some examples of this mechanism are alternative dispute resolution, circular punishment, and ishlah. Thus, the concept of restoration can be legally and formally recognized as a principle in the Indonesian Criminal Justice System when put into practice.
Influence Law International to Policy National Law in Developing Countries in Right Basic Man Sunarto, Atika; Rumapea, Mazmur Septian; Adnan, Muhammad Ali; Khair, Azizan
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2817

Abstract

Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems.Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights.Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries.Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards.
Ethics In Business Law: A Paternalistic Legal Philosophy Approach From John Stuart Mill Suputra, I Dewa Gde Ery; Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2274

Abstract

Introduction: In the modern business world, John Stuart Mill's paternalistic legal philosophy, especially the "harm" principle, is very relevant to balance market freedom and protection of public interests, such as consumers, workers, and the environment, through regulations aimed at reducing the negative impacts of business activities.Purposes of the Research: The purpose of this study is to analyze the application of John Stuart Mill's paternalistic principles in business law and to evaluate the relevance of Mill's legal philosophy to modern business regulation.Methods of the Research: This study uses normative legal methods to analyze the application of John Stuart Mill's paternalistic principles in business law, with conceptual, legislative, and case approaches, and utilizing primary, secondary, and tertiary legal materials analyzed qualitatively and deductively.Results Main Findings of the Research: John Stuart Mill’s paternalistic principles, particularly the harm principle, are highly relevant in modern business regulation as they balance market freedom with protection of the public interest, as seen in consumer protection, employment, corporate social responsibility (CSR), and environmental regulations, which aim to protect consumers, workers, and ecosystems. Despite challenges such as resistance from business actors, the application of this principle remains essential to ensure that freedom in business does not harm society and the environment, and supports sustainability and public welfare.
Comparison of Agreement Law in Indonesia and Malaysia: Phenomenon of Standard Agreement Practices Manurung, Shenti Agustini; Irawati, Jovita; Sudirman, Lu; Agustianto, Agustianto; Farahdina, Farahdina
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2683

Abstract

Introduction: Indonesia and Malaysia are countries with fairly good economic levels in the ASEAN. Economic growth in the business world also has an influence on contract law because the phenomenon that occurs is the use of standard agreement models in the business world to make business processes more effective and efficient.Purposes of the Research: The aim of this research is to analyze the differences in contract law in Indonesia and Malaysia, also describe the phenomenon of standard agreement practices that occur in Indonesia and Malaysia, and analyze the validity of standard agreements that apply in Indonesia and Malaysia.Methods of the Research: The research method used is normative juridical. The type of study used is through literature study. The type of data used is secondary data consisting of primary legal materials, namely the Civil Code, the Malaysian Contracts Act 1950, the 1957 Sale of Goods Deed.Results Main Findings of the Research: The research results show that Indonesia and Malaysia are countries that have implemented standard agreement. These two countries also have a legal basis that allows standard agreements to come into force on the condition that there must be clauses that emphasize the rights and obligations of the parties to achieve justice.

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