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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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Criminal Policy Corruption Natural Resources In The Fisheries Sector Asis, Abd; Lewerissa, Yanti Amelia
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1079

Abstract

Introduction: The criminal policy of natural resource corruption in the fisheries sector can be carried out using two approaches, namely the penal approach and the non-penal approach.Purposes of the Research: .Methods of the Research: This research method is normative juridical while still involving the role of other social sciences in legal social studies. The approach used in this research is a statutory approach and a conceptual approach. Data collection was carried out by literature study and then analyzed qualitatively.Results of the Research: IUU Fishing practices such as transshipment, fraudulent acts of marking down ship sizes, using unreported foreign crew members or using falsified documents, bribing bribes in permit processing and various actions that lead to corrupt practices in the fisheries sector cause the country to suffer huge losses and have a bad impact on the country. people's welfare and exploitation of natural resources that can damage the ecosystem. For this reason, there is a need for criminal policy or efforts to overcome corruption by using two approaches, namely a repressive penal approach and a preventive non-penal approach.
Criminal Sentence Disparity of Village Funds Abuse In Maluku Corputty, Patrick; Pasalbessy, John Dirk; Hattu, Jacob; Salamor, Yonna Beatrix
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1155

Abstract

Introduction: Difference or disparity in sentencing is one of the important topics in criminal law. The disparity in sentencing means that there are differences in the amount of punishment handed down by the court in cases that have the same characteristics.Purposes of the Research: The purpose of this study is to find out why there is a disparity in criminal penalties in court verdicts in cases of corruption in the misuse of village funds in Maluku.Methods of the Research: This study uses a normative juridical method.Results of the Research: Based on the results of the study, essentially the disparity in imposing criminal penalties in court verdicts on corruption cases of misuse of village funds is due to strafmaat (criminal threats) for different perpetrators.
Application of Customary Criminal Penalty On Cases Involving Women Wadjo, Hadibah Zachra; Toule, Elsa Rina Maya; Fadillah, Astuti Nur
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1325

Abstract

Introduction: Violence against women is still taking place. Nowadays, issues involving women are increasingly becoming one of the crucial issues in society, not only at the national level, but also at the global level.Purposes of the Research: The purpose of this study is to find out about the application of customary criminal penalties to cases involving women.Methods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in society.Results of the Research: The application of penalties for violators in Negeri Amahai, Negeri Haruru, Negeri Nua Nea, Negeri Rutah, and Negeri Souhoku, Negeri Tamilouw highly respects traditional values, which always protect their regions. The customs of their ancestors, until now still exist in people's lives. In fact, until now, the existence of indigenous peoples in several countries in Central Maluku is still maintained, and customary law is maintained by the people of Central Maluku because customary law is pure and can reduce conflicts and erase the stains contained in society.
Legal Protection for Indigenous Peoples for the Masela Block Gas Infrastructure Laturette, Adonia Ivonne; Sainyakit, Sri Ayu Junita
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1294

Abstract

Introduction: Customary law communities can own land rights, including the customary law community of Latdalam Village who have rights over land called land owned by relatives/soa whose control rights are carried out jointly.Purposes of the Research: This writing aims to determine the existence of the customary law community over Soa Olusi's land and the legal protection of the customary law community of Latdalam Village over Soa Olusi's land rights in the framework of the development of the Masela Block liquefied natural gas infrastructure.Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: Based on the results of the study, the land rights of the Soa Olusi customary law community in Latdalam Village are considered to still exist and are recognized in accordance with Act number 5 year 1999 article 2. And the process of transferring land rights belonging to Soa Olusi through buying and selling has an invalid legal status / legal defect because it does not comply with applicable procedures according to applicable customary law and Indonesian law. In relation to development for the public interest, the government must provide compensation and recognition of those who have land rights, namely Soa Olusi, and if the government is wrong or wrong in providing compensation and recognition, then there is legal protection for the Soa Olusi community, namely preventive legal protection. and repressive legal protection.
Reconstruction of The Principle of Legal Certainty Fair Auction For Joint Assets After Divorce Decision Jumanah, Jumanah; Hasan, KN Sofyan; Syaifuddin, Muhammad
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1291

Abstract

Introduction: This article is about analyzing the implementation of joint property auctions after a divorce decision that has not yet received fair legal certainty. The number of cases after the divorce decision results in the distribution of joint assets between the parties submitted to the Court after not getting peace in the distribution of joint assets, the Court can take over the matter by way of auction.Purposes of the Research: To analyze the principle of legal certainty in auctions in the implementation of auctions after divorce decisions in laws and regulations. Explain the legal problems in applying the legal principle of joint property auctions after the divorce decision. Finding reconstruction as the basis for setting up a bill on joint property auction laws after divorce decisions in the future.Methods of the Research: Based on hermeneutic paradigmatic which is based on philosophy and the scientific nature of law. This hermeneutic paradigm is carried out through a methodological strategy approach to learn from people, namely studying law by exploring and researching the meanings of law from the perspective of users or seekers of justice in the Religious Courts.Results of the Research: In the reconstruction of the principle of legal certainty in an equitable auction of joint assets after the divorce decision in future laws and regulations in legal considerations regarding joint assets that must be auctioned, through an auction procedure in accordance with applicable regulations.
Legal Analysis of The Financing Agreement Through The Application For Legal Examination The Fiduciary Guarantee Act The Constitutional Court Sipayung, Iskandar Muda
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1290

Abstract

Introduction: The occurrence of legal problems related to objects that become fiduciary security, where some existing and well-known consumer finance institutions (leasing) often deal with the law, which is caused by default/inkar promises by consumers as fiduciary rights providers, so that leasing often deals with the authorities diakarenakan in taking action against delinquent consumers.Purposes of the Research: The purpose of this study is to explain the paradigm of material testing on the legal protection of fiduciary.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Legal arrangements are needed for legal protection for consumer finance institutions (leasing) in obtaining fiduciary guarantees which in accordance with the agreement between leasing and consumers, are entitled to and belong to the institution if the consumer has defaulted/inkar promise, so that it can return the creditor, can be auctioned to the public, so that it does not have an impact on the economy, both from the company's revenue and the sustainability of the financing industry in Indonesia.
Alternative Dispute Resolution In Cyber Dispute Resolution With Mediation Techniques Jamillah, Jamillah; Maswandi, Maswandi
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1289

Abstract

Introduction: Law enforcement and protection for cyber cases is focused on the protection of cyber victims consisting of physical or psychological violence, retaliation, humiliation, and mistreatment of people who commit cyber crimes, the sophistication of the media makes people often involved with cyber crimes. Where the focus of this paper discusses alternative cyber dispute resolution.Purposes of the Research: The purpose of this study is to explain the concept of cyber dispute resolution by using mediation as an option.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: Cyber dispute resolution, cyber crimes that can be done anywhere, even with the sophistication of technology today is possible for a criminal to use equipment that allows difficult or even untraceable places about where the crime was committed so that the first step in alternative dispute resolution is using persuasive ways with mediation mechanisms and then further, improving the quality of law enforcement in, make the law as the basis in every action in order to create equality before the law and the rule of law.
Anti-Corruption Culture: Maren and Yelim’s Perspective on Kei Society Rado, Rudini Hasyim; Betaubun, Restu Monika Nia
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1283

Abstract

Introduction: Controlling corruption by relying too much on a legal approach cannot always be implemented, but what needs to be made effective and efficient is non-law-based prevention efforts through local wisdom approaches.Purposes of the Research: This research is focused on exploring anti-corruption cultural values in the Kei community as an internalization of efforts to prevent corruption where so far similar research has been minimal.Methods of the Research: The type of normative juridical research is then analyzed using qualitative research methods that are oriented towards a value approach and a policy approach. Data were taken from journal literature studies and other scientific works.Results of the Research: The results of the study show that the Maren and/or Yelim praxis can become a forum for togetherness for the Kei people as a fundamental basis for eradicating corrupt behaviour as well as an effort to realize and build anti-corruption integrity values, including, honesty, caring, independence, discipline, responsibility, hard work, modest, brave, and fair.
The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases Sitompul, Ariman
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1281

Abstract

Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approach.Results of the Research: The testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.
Environmental Conservation Policy Model Based on the Protection of Indigenous Peoples in Indonesia Pangestu, Ilham Aji; Latif, Inas Sofia; Nuralifa, Chika Putri; Pratama, Rommy
SASI Volume 29 Issue 1, March 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i1.1274

Abstract

Introduction: Indigenous peoples are an order of society that existed even before the Indonesian nation was born. The Indonesian state recognizes the existence of indigenous peoples and their rights. The legal protection of indigenous peoples is the responsibility of the state as mandated by the constitution and other relevant laws and regulations regarding the management of natural resources. However, there are still conflicts between indigenous peoples, the government, and companies that have received management permits from the government.Purposes of the Research: This study aims to review and provide a policy model formulation regarding the protection of indigenous peoples in the context of environmental conservation.Methods of the Research: Researchers use normative legal research methods that examine through a statutory approach and a case approach. Legal materials are obtained through literature studies, both primary and secondary legal materials that are relevant to the problem under study.Results of the Research: The results show that currently the arrangements that are a form of recognition and protection of indigenous peoples are still scattered in many laws and regulations. Even though it has been regulated, the arrangement is still not enough, so a policy model for the protection of indigenous peoples is needed that also firmly provides protection in the context of preserving the environment. Because in fact indigenous peoples and the environment are an inseparable part.

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