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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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The Application of Restorative Justice in Domestic and Child Violence Cases in Indonesia and Finland Hamamah, Fatin; Sukardi, Didi; Kulkarni, Shirin
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.v31i1.2448

Abstract

Introduction: Restorative justice (RJ) is an alternative approach to criminal justice that focuses on victim recovery, offender rehabilitation and community reintegration. In the context of domestic and child violence, this approach offers the potential for more inclusive and sustainable solutions than traditional retributive approaches. However, there is debate about the effectiveness of RJ in cases of violence that have profound psychological and physical impacts on victims. The issue is whether RJ can provide adequate justice without compromising legal protections for victims. This research offers novelty by examining the application of RJ in cases of domestic and child violence in Indonesia and Fnland, where RJ laws and policies are still developing.Purposes of the Research:  The purpose of the study was to identify the challenges and opportunities for the application of RJ in such cases and evaluate the extent to which this approach is able to create restorative justice for victims and perpetrators in Indonesia and Finland.Methods of the Research: The research used qualitative methods with case studies of several domestic and child violence cases resolved through RJ in different regions.Results / Main Findings / Novelty/Originality of the Research: Findings suggest that RJ can be effective in facilitating victim recovery, but its implementation requires strong support structures, including professional counsellors and clear legal protections in Indonesia and Finland. The conclusions of this study confirm that RJ has great potential in resolving domestic violence cases, but its implementation must be done carefully to ensure justice and protection for victims. Consequently, this research encourages policymakers to design a more comprehensive and inclusive RJ framework for domestic violence.
Protection of Public Services Personal Data in The Delivery of Public Services: Comparative Study in Indonesia and Malaysia Tan, Winsherly; Karo Karo, Rizky Pratama Putra; Situmeang, Ampuan; Rusdiana, Shelvi; Razak, Siti Suraya Abd
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.v31i1.2415

Abstract

Introduction: Public service is essential in serving and engaging with the community. It is fundamental for building strong, resilient communities and ensuring a functioning democracy. However, the exposure of personal data in public service is worrying, as data breaches have affected the public's privacy.Purposes of the Research: This study examines the extent to which personal data is protected in the provision of public services in Indonesia and Malaysia. It also investigates how the Indonesian government can learn from Malaysia to improve its data protection in public services.Methods of the Research: This study employed a normative juridical approach. Secondary data was used in this study: the 1945 Constitution, Law Number 25 of 2009 concerning Public Services, Presidential Instruction Number 3 of 2003 concerning National Policy, Strategy for E-Government Development, and the Malaysian Personal Data Protection Act 2010.Results Main Findings of the Research: This study shows many data protection breaches in Indonesia. Additionally, no existing law protects personal data in Indonesia. It is recommended that Indonesia establish a law to protect the personal data of its citizens. Malaysia’s Personal Data Protection Act 2010 can be modelled to establish the law.
Comparison of Indonesian Private Lecturer Wage Systems With The Netherlands From Jhon Rawls' Legal Perspective Abas, Muhammad
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.v31i1.2261

Abstract

Introduction: Higher education plays an important role in the development of a country, with lecturers as one of its main pillars. The quality of higher education is highly dependent on the performance and dedication of lecturers, which in turn is influenced by the wage system applied.Purposes of the Research: To evaluate the suitability of private lecturer wage systems in Indonesia and the Netherlands with John Rawls' concept of justice. To analyze various components of the wage system, including the structure of basic salary and allowances, a salary increase system based on achievement and length of service, and career development opportunities available to lecturers.Methods of the Research: Qualitative method with a descriptive-comparative approach to provide an in-depth picture and compare them within the framework of John Rawls' theory of justice. The research data sources include primary data obtained through in-depth interviews with relevant officials at the Ministry of Education, representatives of private university associations, and private lecturers in both countries, as well as secondary data from policy documents, laws and regulations, statistical reports, and academic literature.Results Main Findings of the Research: The Netherlands system is also supported by more comprehensive social security and effective negotiation, so that the wage gap between institutions is smaller. Indonesia still needs to make significant improvements in the implementation of regulations, wage standardization, and increasing social protection to achieve a level of fairness and welfare equivalent to the Dutch system. These differences reflect not only variations in university policies, but also the broader economic and social context in both countries.
Basis of Data Protection Officer Appointment: Comparative Study of Indonesia and European Union Regulation Putra, Tegar Islami; Fibrianti, Nurul; Fakhrullah, Mohammad Raziq
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.v31i1.2068

Abstract

Introduction: The utilization of information technology makes it very easy for a person's Personal Data to be collected and transferred from one party to another without the knowledge of the Personal Data Subject. Personal data controller As a form and effort of protection, it is mandatory to appoint a Data Protection Officer and carry out functions and duties in accordance with the law. To be able to fulfill these functions and duties, it is important to determine the Basis of Data Protection Officer Appointment.Purposes of the Research: The research aims to explain and analyze the comparison of Basis of Data Protection Officer Appointment between Indonesia and Europe Union.Methods of the Research: The research method used in this study is the normative juridical research method with qualitative approach that identifying issues through in-depth analysis of relevant legal regulations concerning the concept of Data Protection Officer Appointment and also employs a comparative study.Results Main Findings of the Research: This study found that the Basis of Data Protection Officer Appointment in Indonesia and the European Union have similar and different aspects of professionalism and ability to fulfill duties. Meanwhile, there are differences in terms of personal data protection practices, where the Indonesian regulation separates knowledge of the law, the practice of Personal Data Protection as the basis for the appointment of data protection officers. Whereas the rules in the European Union combine them so that they have a basis for expert knowledge of data protection law.
E-Commerce Dispute Resolution Through Online Dispute Resolution Dg. Takenang, Jusman; Akib, Ma'ruf; Sudirman, Sudirman; Umar, Wahyudi; Alfurqon, Fe Fikran
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2865

Abstract

Introduction: The rapid growth of the e-commerce industry has brought significant economic benefits. Still, it also raises challenges regarding dispute resolution that is efficient, fair and meets the needs of all parties.Purposes of the Research: This study aims to examine and analyze the use of Dispute Resolution in E-commerce (Electronic Commerce) through the Online Dispute Resolution (ODR) mechanism as a solution to provide easier and faster access to justice in the context of online business transactions.Methods of the Research This study uses doctrinal legal research with a statute and conceptual approach. It uses primary legal materials that are authoritative and binding, such as laws and regulations, and secondary legal materials. This study uses legal interpretation techniques as analysis techniques.Results of the Research: The results of this study are expected to provide deeper insight into the potential of ODR in handling e-commerce disputes and its impact on access to justice for all parties involved. This research can also provide recommendations to the government, the e-commerce industry, and other relevant institutions to consider and develop a better framework for integrating ODR in e-commerce dispute resolution to ensure fairness and satisfaction of online businesses.
Socio-Legal Review of The Implementation of Identification and Inventory of Communal Intellectual Property for Tourism Development Atsar, Abdul; Surya, Ida; Nugraha, Lalu Guna; Jha, Saroj
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2315

Abstract

Introduction: Communal Intellectual Property can be used to support the development of Intellectual Property-based Tourism.Purposes of the Research: The purpose of this study is to examine the effectiveness of the law in implementing the Identification and Inventory of Communal Intellectual Property as a form of preventive legal protection for Communal Intellectual Property (IPR) and government efforts in implementing the Identification and Inventory of Communal Intellectual Property to support Intellectual Property-based Tourism Development.Methods of the Research: The research method used in this study is a socio-legal approach. The data analysis technique used is a qualitative descriptive analysis technique.Results of the Research: The implementation of the Identification and Inventory of Communal Intellectual Property in Central Lombok Regency has not been effective. This is because the identification and inventory of Communal Intellectual Property (CIP) has not been implemented in an orderly manner by the local government/community so that legal certainty and justice are achieved for CIP owners/Communal communities. The Government Regulation has not been complied with and enforced. There is a discrepancy between the rules and their implementation. In addition, the level of community compliance, Law enforcement by law enforcement officers also has a major influence on the effectiveness of the law. Government efforts to overcome the ineffective implementation of Identification and Inventory, include making Regional Regulations that require each Village to identify and inventory Communal Intellectual Property, establishing Partnerships and Cooperation with third parties or managers in utilizing Communal Intellectual Property for the development of Intellectual Property-based tourism, Regional Governments must encourage investors to invest their capital in building Infrastructure and Facilities for Tourism Destinations based on Intellectual Property, Utilizing Technology and Digital Marketing for the development of Intellectual Property-based Tourism, and Regional Governments must focus and pay special attention to the Intellectual Property-based tourism industry.
The Influence of Fintech on the National Security System: Law, Economic Potential and Digital Defense Strategy Djoyonegoro, Ngasiman; Harisudin, Muhammad Noor; Hariyanto, Hariyanto
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2244

Abstract

Introduction: Fintech has emerged as a transformative force in the financial sector, bringing significant changes encompassing economic potential and challenges to national security strategies.Purposes of the Research: This research wants to explore the efforts that have been made by countries in dealing with the impact of Fintech on security.Methods of the Research: This research uses a qualitative method with a descriptive analysis approach. This research focuses on qualitative methods and is researched to see the extent of the challenges posed by fintech to the country's resilience systemResults of the Research: The increasing adoption of Fintech also presents challenges to national security digital defense strategies. Threats to data security, cyberattacks, and misuse of financial technology can jeopardize national financial infrastructure, threaten the stability of the financial system, and pose risks to national security. Thus, concerted efforts from governments, financial institutions, and Fintech companies are required to enhance digital defense. Governments need to implement stringent regulations to safeguard Fintech user data and privacy and closely supervise Fintech operations to mitigate the risks of financial technology misuse. Collaboration between governments, financial institutions, and Fintech companies in sharing security intelligence is essential to tackle increasingly complex and organized threats. Additionally, investing in advanced security technology, raising user awareness about security, and strengthening oversight of critical infrastructure are crucial steps in digital defense strategies. Fintech has exerted significant influence on national security, offering vast economic potential while presenting intricate challenges to digital defense strategies. Acknowledging both the potential and challenges, governments and stakeholders must collaborate to create a secure, reliable, and sustainable Fintech ecosystem that fosters economic progress and bolsters overall national security.
Corporate Social Responsibility Legal Framework in Southeast Asia: Comparing Indonesia, Malaysia, and Thailand Anggusti, Martono; Dewi Siregar, Fitri Yanni; Chansrakaeo, Ruetaitip
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2984

Abstract

Introduction: Corporate Social Responsibility (CSR) has evolved over time, reflecting changes in corporate thinking and practices regarding their relationships with society and the environment.Purposes of the Research: This research aims to analyze the regulation and implementation of CSR in Indonesia to compare it with CSR regulations in other Southeast Asian countries, namely Malaysia and Thailand.Methods of the Research: This research is a normative legal study that emphasizes a conceptual and legislative approach.Results of the Research: The development of the concept of CSR began in the 18th century by Robert Owen, who provided facilities for employees. CSR rapidly evolved in the 20th century, with large companies in the US establishing social departments. Milton Friedman's thinking about profit as the primary goal of business and John Elkington's concept of the "triple bottom line" also influenced the development of CSR. CSR functions as the moral responsibility of companies towards society and the environment, implemented through transparency, ethics, and responsible business decisions. In Indonesia, CSR has been regulated by law since 2007, with the aim of improving the quality of life and supporting sustainable development. A comparison of CSR regulations in Indonesia, Malaysia, and Thailand shows that although their goals are similar, namely to encourage corporate contributions to social and environmental development, their approaches differ. Indonesia implements strict legal obligations, Malaysia combines voluntary elements with supportive regulations, while Thailand prioritizes a cultural and voluntary approach with government recognition. Thailand is recognized as the best example in the implementation of CSR in ASEAN, with a higher quality of implementation compared to other countries.
Electoral Law Reform in the Perspective of Responsive Justice: Comparative Law Between Indonesia, India, and Thailand Sudarmanto, Kukuh; Pranoto, Edi; Jain, Vaibhav
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2977

Abstract

Introduction: Elections are a vital democratic mechanism in channeling people's voices, electing leaders, and determining policies, with the principles of transparency, fairness, and effective oversight. Although there are still challenges in citizen participation, elections play a crucial role in peaceful transitions of power and socio-political stability.Purposes of the Research: This study aims to analyze efforts to reform electoral law from a responsive justice perspective by comparing laws between Indonesia, India, and Thailand.Methods of the Research: This research is a normative legal research with a conceptual, legislative, and comparative approach.Results of the Research: Election law reform, which includes the implementation of the principles of direct, free, and fair, is needed to create a more democratic system that is responsive to social needs. In Indonesia, India, and Thailand, election law reform focuses on improving the quality of democracy, justice, and voter participation through system changes and revisions to laws. The role of the Constitutional Court and the Supreme Court in each country is very important in ensuring more transparent and fair elections, and reflecting the will of the people.
Legal Aspects of the Capital Market Position and Benefits in Indonesia: A Comparative Study Suhardini, Eni Dasuki; Suharno, Rachmat; Owen, Reynald Sandi
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2939

Abstract

Introduction: Capital markets play a crucial role in the economic growth of many countries, including Indonesia and Malaysia. Capital markets raise funds and serve as investment instruments. Through various instruments, such as stocks, bonds, and mutual funds, investors need information to obtain a clear portfolio that makes them confident in investing their funds in Indonesia or Malaysia.Purposes of the Research: This study aimed to analyze the legal positions and benefits of capital markets in Indonesia and Malaysia.Methods of the Research: This study was legalistic, doctrinal, or normative, using a comparative law approach to compare the legal position and benefits of the capital market in Indonesia with Malaysia.Results of the Research: Capital markets are crucial in Indonesia's and Malaysia's economies. To protect market players, Indonesia issued Law Number 8 of 1995 on the Capital Market and related instruments, such as Law Number 4 of 2023 on Financial Sector Development and Strengthening and Law Number 21 of 2011 on the Financial Services Authority (OJK). Similarly, Malaysia issued the Capital Markets and Services Act of 2007 to provide legal certainty and increase investor confidence. The capital market significantly impacts economic growth in both countries, serving as a crucial component of the economic ecosystem by providing investment opportunities through corporate actions, such as initial public offerings, secondary share issuances, and bond offerings.

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