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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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Problems of Managing and Licensing The Apartment Stevenson, Thio Jerry; Soerodjo, Irawan; Budi, Henry Soelistyo
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.v29i2.1347

Abstract

Introduction: The fulfillment of the right to housing is a national problem that must be resolved. Jakarta is the capital city of Indonesia which faces problems in fulfilling the right to housing. The apartment area has been built to respond to these problems.Purposes of the Research: The purpose of this study is to analyze the management and licensing of apartments in Jakarta City.Methods of the Research: This research is a normative juridical research. It uses several approaches, namely the statute approach, the conceptual approach, and the comparative approach. The type of data used consists of primary legal materials, namely the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 2011 concerning Housing and Settlement Areas, Law Number 20 of 2011 concerning Apartments.Results of the Research: Based on the results of the study, it was found that there were many cases, for example the case in Decision concerning the Privatization of SPAM and the unilateral determination of BPPL between the Sentul City against PT Sentul City. Based on this case, there was a legal uncertainty regarding the management and licensing of the apartment area in Jakarta
The Problem of The Application of The Doctrine of Inclusion In The Eradication of Terrorism In Indonesia Hakim, Lukman
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.v29i2.1344

Abstract

Introduction: The criminal act of terrorism which is the common enemy of many countries in the world including Indonesia which in fact is carried out by more than one perpetrator even further than that which is terrorized in a particular terrorist organization, so that the teaching of inclusion in criminal law becomes important to be applied appropriately.Purposes of the Research: This paper aims to determine whether it is appropriate to use the articles contained in the law on combating terrorism related to the doctrine of inclusion of perpetrators of criminal acts of terrorism that are generally committed by more than one person in a particular terrorist organization.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: In the field of practice, the application of the doctrine of inclusion in the provisions of the law on Combating Terrorism is often cause legal problems, especially in the context of determining the criminal liability of the perpetrators of terrorism, this has resulted in difficulties for law enforcers, especially public prosecutors and judges to determine criminal liability for each perpetrator, in contrast to the application of, so that the punishment for the perpetrators can be more effective and meet the sense of justice and legal certainty.
Analysis of The Application of Deradicalization And Constraints And Obstacles: A Case Study of Bandung Suicide Bombing Hasibuan, Edi Saputra
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.v29i2.1333

Abstract

Introduction: The concept of deradicalization itself has been running for the first time since 2005 but there is no guide or patent concept for this program. The effect given through the deradicalization program must be recognized is not optimal, but this does not necessarily make deradicalization a failed innovation, keep in mind that the existence of the deradicalization program is an answer to the handling of terrorism that is considered hard and intimidative (hard approach), while the more subtle ways of dialogue and religious approach (soft approach) is considered also able to neutralize the values of terrorism in someone who is already radical.Purposes of the Research:  The real purpose of de-radicalization in general is to prevent repeated terror incidents by former prisoners, because the National Police itself has the task of being able to detect and prevent acts of violence that insurgents. Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approachResults of the Research: The deradicalization Program is not a program that can be assessed directly as a failed program, deradicalization must be remembered as a reflection of the bad and hard handling (hard approach) so that the form of humanism and respect for human rights can actually be reflected by the existence of deradicalization, with the existence of deradicalization also illustrates that the perpetrators of terror or ex-prisoners have hope to return to normal life, also indicates that the government pays attention to those who commit this crime.
Participation of Women From Indigenous Peoples in the Formation of National Law Tridewiyanti, Kunthi; Anggraeni, Ricca; Siyo, Suryanto; Pattinaja, Henri Christian
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.v29i2.1229

Abstract

Introduction: Discrimination against women from Indigenous Peoples in various ways of life including in the formation of national laws. This is due to the presence of a patriarchal culture which is reflected in laws and regulations both at the national and regional levels, thus showing injustice and inequality between men and women.Purposes of the Research:  The purpose of this writing is to explain the importance of the participation of indigenous and tribal women in the formation of national law. The importance of this participation will contribute to the thought of a legal substance that provides equality and justiceMethods of the Research: This paper uses doctrinal research methods using a feminist legal theory approach.Results of the Research: The results and findings in this paper include, First, the voices and experiences of indigenous and tribal women are required in feminist legal theory to influence non-discriminatory legal norms in the formation of national law. Second, the participation of indigenous and tribal women as part of the Indonesian nation has a strategic position guaranteed by the constitution to carry out their role in forming national law. This is a prerequisite and a representation of the realization of democratic government and one of the other principles of good governance that is consistent and committed to prioritizing the interests of the nation and the State.
Money Politics Crimes in Elections from the Perspective of Dignified Justice Wartoyo, Fransiskus Xaverius; Ginting, Yuni Priskila
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.v29i2.1326

Abstract

Introduction: The practice of monetary politics in all political events makes it impossible to distinguish the implementation of the mechanism of legal politics from monetary politics.Purposes of the Research:  In summary, there is a general assumption that money politics in any political competition is natural, even unavoidable. The detention of monetarism can be done through crime prevention theory from the point of view of proper justice theory. Methods of the Research: The type of research used is legal research. The phenomenological method is a study that aims to determine the nature of a phenomenon experienced by several individuals.Results of the Research: Bawaslu's efforts against money politics in holding legislative elections take two forms, namely prevention efforts and law enforcement efforts as a form of monitoring parliamentary elections.
Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State Sihotang, Amri Panahatan; Chansrakaeo, Ruetaitip
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.v29i2.1304

Abstract

Introduction: This article to examine and analyze aspects of integration between national law and customary law in the context of the prismatic Pancasila state law, especially after the enactment of the draft criminal code (RKUHP) as a law.                                                                                             Purpose of The Research: This research seeks to answer two problem formulations, namely: integration of customary law and national law in the Pancasila law state and how are efforts to organize harmonious relations between customary law and national law in the perspective of the prismatic Pancasila state law, especially after the ratification of the RKUHP.Methods of Research: This study uses normative legal research methods based on authoritative legal products in the form of laws and regulations. The analysis was carried out by prioritizing the concept approach, historical approach, and statutory approach.                                                               Result of The Research: Even though customary law and national law are different in substance and character, but customary law and national law must be integrated because have important relations in relation to practice in society. Efforts to organize a harmonious relationship between customary law and national law in the perspective of the Pancasila prismatic state law, especially after the ratification of the RKUHP by optimizing the three year transitional provisions in the RKUHP to socialize as well as determining steps and efforts that can guarantee harmonious relations between customary law and national law.
Analysis of Criminal Crime Responsibility Against Perpetrators of Banking Corruption Crimes Ternando, Albi
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.v29i2.1300

Abstract

Introduction: The Banks as service providers need to provide maximum service to their customers and protect them from third parties trying to take over part or all of the customers' deposits and trust in the bank. Therefore, banks should regulate and establish procedures and mechanisms for the protection and provide solutions in the event of an action or activity that is detrimental to the customerPurposes of the Research:  Based on the background of the problems described above, it can be formulated the problems that the writer will examine, namely: 1). How is the Criminal Accountability Against the Perpetrators of Banking Corruption Crimes in the City of Jambi? 2). What is the Basis of Consideration of the Panel of Judges to decide on the perpetrators of Banking Corruption Crimes (Case Study of District Court Orders No: 04/ Pid.Sus -TPK/2016/PN. Jmb)Methods of the Research: The research method used was normative research. Based on the results of this study, it was concluded that banking crimes are a canteen of crimes that occur within the scope of banking. The complexity of these crimes causes the prosecution of perpetrators of these crimes to apply the Corruption Crime Act.Results of the Research: The results show that or the findings of this study prove that the basis for the judge's decision for the perpetrators of criminal acts in the District Court decisions are aggravating and mitigating matters as stated in the decision.
Application of Restorative Justice In The Settlement of Customary Criminal Cases Salamor, Anna Maria; Titahelu, Juanrico Alfaromona Sumarezs; Ubwarin, Erwin; Taufik, Iqbal
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.v29i2.1259

Abstract

Introduction: Indonesia is a country with a variety of ethnic and cultural patterns, including race, language, and others. With diversity in each customary area, it has different rules and legal regulation because it has its own customs.Purposes of the Research: The purpose of this research is to find out the application of restoration justice in the settlement of customary criminal casesMethods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in societyResults of the Research:  The application of restorative justice as long as it does not conflict with positive law or customary law can be used in resolving customary criminal cases that occur as in Nua Nea Country and Akoon Country while upholding the customary values of their respective regions. the application of customary criminal punishment can provide a deterrent effect for perpetrators who make mistakes and do not repeat their actions again.
Land Mafia Case Handling Through the Optimalization of Land Mafia Task Force Role Tehupeiory, Aarce
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.v29i2.1185

Abstract

Introduction: Various aspects regarding the importance of land often become conflicts in the society, such as land ownership status conflict, land tenure status conflict and compensation for land acquisition and usage. The forms of the legal mafia practice are brokers in buying and selling cases, bribes, illegal levies and land mafia due to inaccurate land data.Purposes of the Research: Explaining and analyzing how the state has handled cases of land mafia practices so far and the optimization of the role of the Land Mafia Task Force in preventing and eradicating the practice of the Land Mafia..Methods of the Research: The approach of the research is qualitative, verificative, evaluative, through statutory approach, and case approach. With documentation data collection techniques, audiovisual materials, and supported by interviews.Results of the Research: The handling of cases of land mafia practices through optimizing the role of the Land Mafia Task Force so far has never reflected the principle of prudence and respect for land rights holders. In handling land mafia cases, actions are often done arbitrarily to the detriment of the actual land rights holders that they do not reflect justice, balance, and does not protect the ownerships’ rights. The legal formula optimizes the role of the Land Mafia Task Force in preventing and eradicating land mafia practices, which is the formation of a Special Cross-Ministerial Team and Academics by making SOPs and technical instructions in carrying out activities to prevent and eradicate land mafia.
An Analysis of Freedom of Speech: Whether the Indonesian Electronic Information and Transactions Law is Contradictory Irrynta, Dwilani; Prasetyoningsih, Nanik
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.v29i2.1061

Abstract

Introduction: With the development of technology, people become easier in expressing themselves through social media. However, many people think that the Indonesian Government represses freedom of speech through the Electronic Information and Transactions (EIT) Law as the huge number of related cases keeps increasing, particularly on matters of criticizing the Government.Purposes of the Research: This article presents to discuss whether the Law does snatch the rights of citizens regarding freedom of speech as the Law essentially aims to protect such rights and shall not contradict the 1945 Constitution of the Republic of Indonesia stating that freedom of speech is a right for every citizen.Methods of the Research: By using normative legal research, this article examines legal principles and norms of related regulations. The authors analyze the situation faced by the Indonesian people in recent years through library research. The secondary data of literature was collected and reviewed focusing on the statutory approach along with the case approach.Results of the Research: The findings show that the EIT Law indeed draws controversy among Indonesian people due to the existence of several Articles under the Law that are contradictory to its purpose, namely protecting freedom of speech. By having ambiguousness and multiple interpretations of those several Articles, the Law leads to abuse of power by the Government. Therefore, it is reasonable for many people, as well as civil society organizations, to appeal to the Government to revise the Law and related regulations. It is on the grounds that such actions are necessary to enhance and enforce the protection of freedom of speech.

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