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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 438 Documents
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Diversion of Corruption Eradication Commission of The Republic of Indonesia Employees To State Civil Apparatus Bima, Muhammad Rinaldy
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1275

Abstract

Introduction: This article analyzes the regulation legislation related to the transition of employee Commission Eradication Corruption (CEC) became Apparatus Civil State (ACS). Based on the mandate of the CEC Law, it assesses CEC employees through National Insight Test (NIT) to measure integrity, neutrality, and radicalism, on March 18 until 09 April 2021 against thousand three hundred and fifty-one CEC employees. However, the implementation of NIT reaped the pros and cons.Purposes of the Research: This study aims to analyze the validity test outlook nationality in the transfer of employee status Commission Eradication Corruption Becomes Apparatus Civil State and employee status Commission Eradication Corruption that does not pass the test outlook nationality based on regulation legislation.Methods of the Research: The method used in the study is method research law normative with analysis data descriptive-prescriptive, using approach statutes and conceptual approach.Results of the Research: The results of the research show the validity of NIT already based on Constitutional Court Decision Number: 34/PUU-XIX/2021, Law Number 19 of 2019, Law Number 5 of 2014, Government Regulation No. 41 of 2021, Supreme Court Decision Number 2 P/HUM/2020, Regulation of the Minister of Administrative Reform and Bureaucratic Reform of the Republic of Indonesia Number 61 of 2018, and CEC Regulation Number 1 of 2021. The status of CEC employees who do not pass the NIT is terminated based on CEC Decree Number 1354 of 2021. The study concludes that it results from NIT already corresponding Supreme Court decision Number 34/PUU-XIX/2021, and Law Number 19 of 2019 concerning the CEC. The Recommendation for this study is National Insight Test should be more transparent, consider the Constitutional Court's decision, and direct the president.
General Practitioner who Provides Aesthetic Services from an Indonesian Law Perspective Yeo, Susilo Kurniawan
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1236

Abstract

Introduction: While there is a high demand for aesthetic services in Indonesia, the regulations governing them have yet to be fully established. As a result, general practitioners who wish to offer these services must navigate a complex legal landscape. This article explores the legal aspects for general practitioners looking to provide aesthetic services in Indonesia, offering valuable insights for those seeking to enter this growing field.Purposes of the Research: This study aims to analyze the position and status of general practitioners who provide aesthetic services in Indonesia.Methods of the Research: To achieve these objectives, the author uses normative legal research methods with analytical approach. This study uses secondary data consisting of primary legal materials and secondary legal materials obtained through literature study.Results of the Research: The results of the study indicate that general practitioners are allowed to provide aesthetic services in accordance with defined and undefined competencies if they have attended education and training for these competencies which is organized by professional association and other institutions accredited by professional association.
The Success of Diversion For Children Who In Conflict With The Law On Investigation Level Supusepa, Reimon; Sopacua, Margie Gladies
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1584

Abstract

Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime
Copyright Legal Responsibility for Illustrated Literary Works (Comics) Published on Online Sites Without Author's Permission Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid; Pane, Alvian Febriawan
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1354

Abstract

Introduction: Comics are also creations that are equally important in the copyright protection system. This is because the importance of protecting comics is not only related to the development of human culture and civilization, as well as supporting economic progress, but can also stimulate the creativi ty of creators with the existence of a comic copyright protection law.Purposes of the Research: Focuses on legal responsibility for comics that are published without permission from the creator, analysis of regulations and legal sanctions obtained for the creatorsParties who violate the copyright of comics by using online sites to take action against them.Methods of the Research: Using normative juridical research methods, or in other words normative legal research.Results of the Research: The results of this study are that the legal liability of parties or actors who publish copyrighted comics on online sites without the permission or approval of the Creator/Copyright Holder is civil and criminal liability, in civil liability, can be sued for compensation and in criminal liability. Legal protection for creators/copyright holders in the event that their comics are published on online sites without the consent of the copyright holder has the right to take legal action through litigation and non-litigation. These legal efforts are criminal and civil legal efforts.
Construction of The Distribution of Government Authorities Salmon, Hendrik
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1353

Abstract

Introduction: The concept of dividing government affairs into de-centralization and co-administration has a long history in Indonesian constitutional records.Purposes of the Research: One of the issues regarding the constitutionality of regional government which has become a space for academic debate after the publication of Law Number 23 of 2014 is related to the concept of dividing government affairs between government structures. Moving on from the perspective of State Administrative Law and Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power or based on the authority established by the constitution.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Amendments to the 1945 Constitution, especially the second amendment regarding the concept and pattern of division of government, have indicated that a centralized government will actually be a threat to disintegration, so that strengthening decentralization is not weakening Indonesianness but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance of central and regional power relations. The regional government law has reduced the essence of the concept of deconcentration where previously it was only carried out by the Governor, now it is also carried out by the Regent/Mayor, in such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentration and assistance and institutional tasks for the three the principle.
The Crime of Blasphemy in Indonesia: A Comparative Study Abdullah, Abdullah
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1374

Abstract

Introduction: Religion Blasphemy has occasionally been committed in numerous media. Blasphemy instances that started out in print media have since proliferated in the virtual world thanks to numerous features and platforms. Because freedom of religion is guaranteed and protected by the Indonesian Constitution, anyone who blasphemes against a particular faith may face severe legal consequences.Purposes of the Research:  This study aims at analyzing the offense of blasphemy against religion in the perspective of Islamic law and Indonesian law.Methods of the Research: This type of research is legalistic, doctrinal or normative. The approach used in normative or legalistic research include a concept approach, a statute approach, historical approach, case approach, and comparative approach. However, this study only uses comparative approach since it analyzes of regarding blasphemous crimes in perspective Indonesian and Islamic criminal laws.Results of the Research: The government enacted various laws and rules to maintain religious harmony. However, in terms of law enforcement, are the provisions most frequently used to charge those who commit religious blasphemy. Whereas from the standpoint of Islamic law, blasphemy can take the form of defiling (tadnis), insulting (istihza), ridiculing (syatama), insulting (saba), cursing (taq), and challenging Islamic principles as well as engaging in actions that diverge from Islamic teachings (bid'ah). The Qur'an and the Hadith contain prohibitions against blasphemous acts, but the means of punishment are found in the nomenclature of Ijtihad of the Ulama, which was later incorporated into the laws of many Islamic nations. As a result, the formulation of punishments for blasphemers varies greatly.
Implications of Waqf Land Management from the Perspectives of Positive Law and Islamic Law: A Case Study of Waqf Land in North Sumatra Harahap, Abd. Rahman; Nasution, M. Yasir; Pagar, Pagar
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1365

Abstract

Introduction: Waqf is a sign of giving whose implementation is carried out by retaining (ownership) of origin (tahbisul ashli), then making the benefits generally accepted. Purposes of the Research: To find out about the management of waqf property in North Sumatra, especially the waqf land of Tengku Darwisyah in Serdang Bedagai according to positive law and Islamic law.Methods of the Research: This research is a qualitative study with a social history approach to Islamic law.Results of the Research: The management of the waqf land of Tengku Darwisyah is still far from expectations because it has not been managed perfectly and only has a traditional and consumptive nature, and there has been no good management. In addition, the trustee of the waqf of Tengku Darwisyah is passive and even fatalistic by allowing tenants to build permanent structures such as places of worship, sports halls (GOR), farms, and trading companies, which should be productive, and this policy is not based on any contract or agreement.
Dynamics of Halal Certification Application in Medicinal Products: Comparative Study of Islamic Law and Positive Law Rafianti, Fitri; Asmuni, Asmuni; Jamil, Jamil
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1356

Abstract

Introduction: This article wants to explain the dynamics of halal certification and labeling in Indonesia in a review of positive law and Islamic law.Purposes of the Research: The research objective is to answer the dynamics of halal certification and labeling from the perspective of positive law and Islamic law.Methods of the Research: This research uses a qualitative method with a normative legal approach. Data is obtained through observations, in-depth interviews, literature reviews, and documentation.Results of the Research: This research shows that the implementation of halal certification according to Law Number 33 of 2014 on various products, including medication, cannot be separated from the role of political will and synergy among various parties. From the perspective of positive law, halal certification is a legal obligation, while from the perspective of Islamic law, halal certification is part of the obligation to ensure that products consumed by Muslims are guaranteed halal.
Legal Arrangements Regarding Soe Management In Increasing Public Welfare Marimbo, Rizal Calvary; Silalahi, Jur Udin
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1352

Abstract

Introduction: Public welfare is the goals of the Indonesian state which has been mandated in the 1945 constitution. SOE has a role in realizing this goal. However, in practice, SOEs face various challenges, one of which is related to governance within the SOEs themselves.Purposes of the Research:  The purpose of this study is to analyze governance related to the laws and regulations governing SOE.Methods of the Research: The method in this research is normative juridical. The study used is a literature study. In answering the formulation of the problem in this study used a juridical and theoretical basis. The juridical basis used is the 1945 Constitution, Law Number 19 of 2003. The theoretical foundation used is the theory of legal ideals by Gustav.Results of the Research: Based on the research results, it was found that the role of SOEs in Indonesia is very important. There are many legal arrangements regarding BUMN. This certainly hinders the achievement of legal ideals, namely justice, certainty and the benefits of law. Therefore, it is necessary to create a legal entity in the form of an omnibus law in regulating SOEs.>
Settlement of Marital Problems By Using The Traditional Institutions of Married Brothers Latupono, Barzah; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1348

Abstract

Introduction: Many marital problems arise in the household so that many households end their marriages in court, but settlement in court faces many obstacles due to the accumulation of unresolved marriage cases.Purposes of the Research: To find out and analyze the settlement of marital disputes using the customary institutions of married brothers in Central Maluku district.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. This research attempts to describe the settlement of marital problems by using the traditional marriage system in Haruku Island District, Central Maluku Regency.Results of the Research: The results of the study show that the settlement of marriages using the customary institution of married brothers in the Haruku Island sub-district is very beneficial for husbands and wives who have problems in their marriage which can be resolved by their married relatives, both world problems and their afterlife problems that exist in their married life so that no longer are settlement issues settled in court.

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