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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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Legal Politics of Handling Children as Perpetrators of Criminal Acts: A Comparison of Indonesia and the Philippines from the Perspective of Customary Law and Children's Rights Raodiah, Raodiah; Wardani, Dian Eka Kusuma; Muhiddin, Nurmiati; Tee-Anastacio, Princess Alyssa D.
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3394

Abstract

Introduction: The treatment of children as perpetrators of criminal acts has become a significant issue in the development of modern law, particularly with regard to the protection of children’s rights and the integration of local values. Indonesia and the Philippines, as countries with different legal traditions, present an important dynamic for study.Purposes of the Research: The purpose of this research is to analyze the differences in the legal politics of Indonesia and the Philippines in addressing juvenile offenders, focusing on the implementation of diversion in Indonesia and the juvenile justice system in the Philippines, while also examining the integration of customary or community-based mechanisms and the protection of children’s rights in both jurisdictions.Methods of the Research: This study employs normative legal research with comparative and conceptual approaches. Data were collected through literature review of statutory provisions, academic doctrines, scholarly literature, and relevant international instruments on children’s rights. The analysis was conducted qualitatively and descriptively to compare norms, practices, and the implications of legal politics in both countries.Results of the Research: The findings of this study demonstrate that the legal politics of both countries, through the integration of customary law and the protection of children’s rights, serve as a fundamental basis for the normative framework in addressing children as perpetrators of criminal acts. In Indonesia, customary law is implicitly integrated through the mechanism of diversion as regulated in Laws of the Juvenile Criminal Justice System. In contrast, in the Philippines, customary or community-based law is explicitly integrated by involving the barangay tanod in handling juvenile offenders during the diversion process under the Juvenile Justice and Welfare Act of 2006 (RA 9344). These findings contribute to advancing Indonesia’s legal policy toward a more humane, inclusive, and internationally aligned juvenile justice system.
Integration of Customary Law and the Theory of Legal Pluralism of the Parties to a Bank Credit Agreement Based on the Principle of Balance Meher, Montayana; Abdunayimova, Dinara
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3393

Abstract

Introduction: This article discusses the urgency of integrating customary law into banking credit agreements in Indonesia for all parties based on the principle of balance.Purposes of the Research: This study aims to analyze the integration of customary law and the theory of legal pluralism of the parties in bank credit agreements based on the principle of balance.Methods of the Research: This research is normative legal research with a conceptual and legislative approach.Results of the Research: The integration of customary law into banking credit agreements in Indonesia, based on Article 1339 of the Civil Code, which recognizes fairness, customs, and laws as binding elements of an agreement. Customary law, which emphasizes the principles of collectivity, trust, and deliberation, provides a strong social foundation and local legitimacy in credit agreements. The legal pluralism approach with the principle of balance serves as a key strategy to accommodate customary law values and mechanisms within formal banking practices, thereby reducing normative conflicts and enhancing protection and justice for indigenous communities with limited access to formal law. The integration of customary law into credit agreements not only strengthens the pluralistic national legal system but also creates agreements that are fair, proportionate, and respect local wisdom, while simultaneously increasing social legitimacy and practical solutions in resolving credit issues within indigenous communities.
Consumer Legal Protection in the Digital Era: Indonesia and The European Union Mau, Hedwig Adianto
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.2802

Abstract

Introduction: This study compares consumer protection laws in the digital era in Indonesia and the European Union (EU).Purposes of the Research: The study is grounded in consumer protection theory, focusing on the legal principles governing consumer rights, data privacy, and dispute resolution in digital transactions.Methods of the Research: A qualitative comparative approach was employed, analyzing primary legal texts such as Indonesia's Consumer Protection Law and the Personal Data Protection Law, the EU's General Data Protection Regulation (GDPR), and relevant consumer protection directives.Results of the Research: The analysis demonstrates a significant contrast between the two jurisdictions. The European Union has established a highly developed and harmonized legal framework—most notably through the GDPR—which ensures consistent protection of consumer data across its member states. By contrast, Indonesia’s legal framework, although supported by the Consumer Protection Law and the Personal Data Protection Law, remains fragmented and continues to encounter challenges in enforcement as well as inter-agency coordination. Whereas the EU adopts a preventive and rights-based regulatory approach designed to safeguard consumers proactively, Indonesia’s model tends to be more reactive, relying on sectoral regulations and post-violation enforcement mechanisms. These findings underscore the necessity for Indonesia to strengthen enforcement capacity, enhance regulatory harmonization, and adopt a more comprehensive approach capable of addressing the rapid expansion of digital commerce.
Legal Pluralism in the Colonial Era: The Influence of Economic Globalization on the Elimination of Poenale Sanctie and Customary Law Azwar, Tengku Keizerina Devi; Baxadirovna, Bazarova Dildora
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3392

Abstract

Introduction: From the late nineteenth to the early twentieth century, the expansion of large-scale plantations driven by global capital created a dual legal order in which colonial law was positioned as the dominant system, while customary law became subordinated. The central issues explored are how economic globalization shaped the configuration of legal pluralism and what factors contributed to the abolition of the poenale sanctie within the colonial legal system.Purposes of the Research: The purpose of this research is to analyze the dynamics between colonial and customary law in the context of global economic change and to investigate the underlying causes of the abolition of the poenale sanctie.Methods of the Research: This is normative legal research employing a conceptual approach. Data were drawn from primary legal sources, including colonial regulations and official archives; secondary legal sources, such as academic literature; and tertiary supporting materials. The data were then analyzed using a qualitative-descriptive method.Results of the Research: The findings reveal that the abolition of the poenale sanctie was influenced by both international and internal factors. External pressures included global public opinion and the rise of ethical politics, while internal drivers involved labor resistance, humanitarian advocacy, economic efficiency considerations, and the evolution of modern criminal law. The novelty of this research lies in its analysis of the implications of the abolition of the poenale sanctie for the status of customary law in East Sumatra. The study demonstrates that despite reforms within the colonial legal system, customary law did not gain significant recognition but remained marginalized. Hence, this research contributes to the discourse on colonial legal pluralism by highlighting the tension between economic globalization, colonial governance, and the persistence of customary law.
Traditional Community Participation Model in Conflict Resolution among Two Mining Companies Gajah, Nurhamidah; Sitorus, Henry; Sihombing, Marlon; Arifana, Arifana; Pasaribu, Safran Efendi
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3408

Abstract

Introduction: Mining operations in North Sumatera Province have generated both economic opportunities and socio-environmental challenges for surrounding traditional communities. The coexistence of PT. Agincourt Resources in Batangtoru and PT. Sorikmas Mining in Naga Juang has triggered land disputes, environmental degradation, and social polarization, reflecting the tension between corporate expansion and the preservation of customary (adat) values.Purposes of the Research: This study aims to map and classify sources of social conflict between mining companies and local adat communities, examine the dynamics of traditional institutions, and develop a participatory conflict resolution model that integrates local wisdom and community empowerment.Methods of the Research: Using a mixed-method design, this research combines quantitative surveys with qualitative approaches, including in-depth interviews, focus group discussions, and participant observation. Data were analyzed using parametric statistics and qualitative matrix analysis to identify socio-cultural dynamics, conflict patterns, and the institutional role of adat in mediating disputes.Results of the Research: The findings show that mining activities have disrupted social cohesion and traditional governance structures, particularly regarding ulayat (customary) land rights. Nonetheless, the study introduces a Traditional Community Participation Model emphasizing adat leaders as mediators in conflict resolution. This model reinforces social capital, restores trust, and enhances collaboration between companies, communities, and government institutions. The research offers a novel integrative framework linking customary institutions with sustainable conflict management and responsible mining governance in Indonesia.
Bilateral Kinship and Inheritance Distribution in Dayak Indramayu Customary Law Fansuri, Hamzah; Setyawan, Edy; Busthomi, Achmad Otong; Ali, Nur; Al Mustaqim, Dede; Dahlan, Rahman
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3365

Abstract

Introduction: The kinship system in the Dayak Indramayu community plays an important role in determining the pattern of inheritance distribution. Unlike the patrilineal or matrilineal systems, which emphasize a single line of descent, the Dayak Indramayu community adheres to a bilateral kinship system that allows inheritance rights to be obtained from both the father and mother.Purposes of the Research: This study aims to analyze how the bilateral kinship system influences the pattern of inheritance distribution in the Dayak Indramayu community, emphasizing aspects of gender equality, recognition of adopted children, and its implications for social justice within the framework of customary law and national law.Methods of the Research: This study uses a qualitative-descriptive method with a socio-cultural legal approach. Data was collected through field observations, semi-structured interviews with traditional leaders and community members, and documentation studies. Data analysis was conducted using Miles and Huberman's interactive model, supplemented with normative-legal interpretations to understand the relationship between traditional norms, social values, and positive law.Results of the Research: The study found that the bilateral kinship system of the Dayak Indramayu produces a relatively egalitarian inheritance pattern by granting equal rights to both sons and daughters. However, there are still weaknesses in guaranteeing the rights of adopted children and the potential for conflict due to differences in interpretation between subgroups. The originality of this research lies in its recommendation to reformulate customary law to be more adaptive to contemporary principles of social justice and in line with the national legal framework.
Reformulation of Juvenile Court: The Perspective of Judicial Amnesty in Indonesia and The Netherlands Hapsari, Ifahda Pratama; Nurjaya, I Nyoman; Aprilianda, Nurini; Istiqomah, Milda
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3282

Abstract

Introduction: This study examines the reformulation of the provisions of Article 70 of Law Number 11 of 2012 concerning Juvenile Criminal Justice through the perspective of the concept of judicial pardon in order to ensure the protection of children's fundamental rights.Purposes of the Research: The research focuses on an in-depth analysis of the concept of rechterlijk pardon as a legal instrument in handling cases of children in conflict with the law.Methods of the Research: The research was conducted using a normative juridical method through a comparative study of the legal systems of Indonesia and the Netherlands.Results of the Research: The research findings indicate that the application of judicial pardon as regulated in Article 70 contains substantial weaknesses, particularly related to the ambiguity of the parameters of "mildness of the act" and "personal circumstances of the child" which have the potential to cause disparities in judicial practice. Normative reconstruction of these provisions is a necessity in order to ensure legal certainty and optimize protection for children in conflict with the law.
Restorative Justice Arrangements in Civil Law, Common Law, and Indonesian Legal Systems Apituley, Lilian Gressthy Florencya; Baroto, Wishnu Agung; Soplantila, Valentino Dinatra
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3270

Abstract

Introduction: This article will outline how the application of restorative justice in the civil law system, the common law system, and the Indonesian legal system compares.Purposes of the Research: This study aims to provide a comprehensive comparison of the regulation and implementation of restorative justice across three legal systems - civil law, common law, and Indonesia’s hybrid legal system - and to identify best practices and challenges that can inform the development of restorative justice in diverse legal contexts.Methods of the Research: The study uses a normative legal method, combining a legal concept approach to examine the philosophical and ethical foundations of restorative justice with a statutory approach to analyze formal legal mechanisms. This methodology links legal theory with practice while highlighting the integration of normative principles within Indonesia’s socio-cultural context, including Pancasila and customary law.Results of the Research: This study compares restorative justice implementation in civil law, common law, and Indonesia’s legal system. Civil law is rigid and procedural, while common law allows flexible mechanisms such as victim–offender mediation. In Indonesia, despite Supreme Court Rule Number 1 of 2024, challenges include limited understanding among law enforcement, inconsistent application, and insufficient institutional support. Strengthening implementation requires harmonized regulations, professional training, community-based mechanisms rooted in local wisdom and customary law, and public awareness. Indonesia’s model highlights a transformative approach that integrates restorative principles with national values of humanity, justice, and social harmony.
The Role of Law Enforcement in Managing Communal Conflict Sisinaru, Sostones Yakobis; Basuki, Eko; Maspaitella, Marthin Jonas
SASI Volume 31 Issue 4, December 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i4.3379

Abstract

Introduction: Research on communal conflict in Maluku has received little attention from researchers in the fields of law and social sciences.Purposes of the Research: This study was conducted to understand communal conflict in Maluku and the role of the police in managing it.Methods of the Research: This study used a qualitative approach, with narrative analysis used for data analysis.Results of the Research: Village boundary disputes and interpersonal conflicts remain the dominant factors influencing the emergence of communal conflict within society. Law enforcement agencies, particularly the police, are considered not yet optimal in implementing anticipatory and preventive measures to address the potential escalation of communal conflict. Furthermore, the police intelligence function is viewed as not fully effective in conducting early detection of social frictions and emerging conflict potentials within the community. Communal conflicts have the potential to generate prolonged collective resentment, thereby increasing societal vulnerability to provocation and involvement in communal violence against individuals or groups with whom they have previously been in conflict. In the context of handling customary territorial boundary disputes between the Sawai and Huaulu communities, the police, in collaboration with judicial institutions, have undertaken legal resolution efforts in accordance with applicable procedures and statutory regulations. Nevertheless, segments of the community who perceive themselves as disadvantaged by the legal decisions have not been able to fully accept the outcomes of those rulings. Therefore, the police and other law enforcement institutions need to intensify legal outreach and public legal awareness education, particularly among conflict-prone indigenous communities, regarding disputes over territorial boundaries or customary land.
Negotiated Legal Pluralism: Institutional Formalization and the Resilience of Tolaki Customary Dispute Resolution Akib, Ma'ruf; Umar, Wahyudi; Asis, Patta Hindi; Lalangi, Wa Ode Amatyi Rachima
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3523

Abstract

Introduction: The Customary Dispute Resolution Mechanism (CDRM) of the Tolaki people in Southeast Sulawesi faces faces structural pressures arising from state legal expansion, jurisdictional overlap with formal courts, and the gradual reconfiguration of customary authority within Indonesia’s plural legal order. Historically, the Tolaki customary law system has played a central role in maintaining social harmony and resolving internal conflicts. However, the penetration of national law, globalization, and rapid socio-economic structural changes have placed Tolaki CDRM at a crossroads of adaptation.Purposes of the Research: This study aims to analyze the transformation patterns of Tolaki CDRM and to measure its resilience as an alternative dispute resolution mechanism amid the dominance of the national legal system.Methods of the Research: This qualitative research employs a socio-legal approach, combining normative analysis of Tolaki customary norms with empirical data from in-depth interviews with customary leaders (Pu'utobu, Mosoro), disputing parties, and judicial apparatus. Data was collected through document studies and field research in several Tolaki regions in Southeast Sulawesi.Results of the Research: (1) Tolaki CDRM has undergone significant institutional transformation through formalization under local regulations, (2) Procedural adaptations include standardized mediation and documentation systems such as structured mediation stages, written settlement documentation, and administrative reporting mechanisms; (3) CDRM demonstrates high resilience, sustained by the philosophical foundation of Kalo Sara and dual legitimacy—traditional community-based legitimacy and administrative state recognition. CDRM operates in active co-existence with the national legal system, often functioning as a pre-litigation mechanism. The restorative justice approach of CDRM, emphasizing social relationship recovery (Loleka), proves more effective than retributive formal justice in maintaining long-term kinship harmony.

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