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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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Weak Protection of Geographical Indication Law For Users of Geographically Indicated Goods or Products Nurlani, Meirina; Emirzon, Joni; 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.v29i1.1256

Abstract

Introduction: Weak protection of geographical indication law owned by users of geographically indicated goods or products cause unfulfilled the rights they deserve. The factors causing it are divided into 2, namely: 1. Weak position owned by users of geographically indicated goods or products. and 2. Weak regulation of law that provide legal protection to users of geographically indicated goods or products.Purposes of the Research: This research aims to analyze and explain factors that cause weak protection of geographical indication law for users of geographically indicated goods or products and also to find out the submission mechanism and procedure of geographical indication infringement lawsuit.Methods of the Research: This study used normative legal research. Research material used primary and secondary legal materials. Data was from library research. Discussion had been collected then processed and analyzed using qualitative approach then at the end of the research, conclusions were drawn using deductive method.Results of the Research: Factors caused weak protection of geographical indication law for geographically indicated users of goods and will provide input for appropriate legal regulations to increase protection of geographical indication law in the future. Furthermore, this also has a positive impact to users of geographically indicated goods and products that they could take legal action against business actors for losses they got in accordance with mechanism and procedure for filling geographical indication infringement lawsuit based on provisions of the applicable law.
Legal Certainty in Customary Jurisdictions (Case Study In Muara Batu District, North Aceh) Afrizal, Teuku Yudi; Saifullah, T
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.v29i1.1247

Abstract

Introduction: Gampongs or villages in Aceh province are the only village-level government in Indonesia that is given the authority to resolve a number of civil and criminal cases through customary courts in gampongs.Purposes of the Research: This paper examines the legal certainty of customary court decisions in gampongs in the Muara Batu sub-district, North Aceh . The problems resolved in this paper are regarding the legal certainty of customary court decisions in gampongs and the extent to which gampongs in Muara Batu District implement customary justice in gampongs.Methods of the Research: This research is an empirical research. The data were collected from field data through interviews and observations as well as documentary data from legal writings.Results of the Research: The results of the research show that the decisions of the customary courts are binding and final. However, if the parties disagree with the customary court decision and seek legal proceedings, the customary court decision can become written evidence. In Muara Batu sub-district, each gampong has a customary court, but if they are related to minor crimes or jinayat, the gampong apparatus prefers to hand over the case to the authorities, if a peaceful process is not found. Except for cases of immoral khalwat and adultery committed in the gampong, the perpetrators are forced to marry or handed over to law enforcement to be processed according to jinayat law in Aceh.
The Effectiveness of Diversion Through Restorative Justice For Handling Children In The East Java Police Setyorini, Erny Herlin; Kongres, Evi; Hailitik, Asri Gresmelian Eurike; Zainulla, Pandu Satriawan
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.v29i1.1190

Abstract

Introduction: Children are the next generation of the nation who must be protected in order to grow up properly. Handling children's cases through the Juvenile Criminal Justice System has devastating impacts on children's futures.Purposes of the Research: This study aims to analyze the effectiveness of handling children's cases through diversion in the East Java Regional Police and analyze obstacles to handling children's cases through diversion so that solutions are found to achieve maximum diversion implementation as mandated by the Children's Criminal Justice System Law.Methods of the Research: This type of research is sociolegal research with a statutory approach, a conceptual approach, and a comparison approach, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.Results of the Research: The results showed that of the five police and police in the East Java Regional Police area, it showed that not 50% of the handling of children's cases had been successfully resolved through diversion. The causative factors include the non-achievement of the consent of the victim's child and his family. Therefore, the condition of consent of the victim's child and his family in Article 9 paragraph (2) must be abolished because Article 7 paragraph (2) of Law Number 11 of 2012 does not require the consent of the victim's child and his family. In practice is the main obstacle to achieving diversion, should be eliminated in the best interest of the child in accordance with the principles of the Convention on the Rights of the Child.
A Form of Accountability CV Sumber Berkat Makmur Which Encroached On Customary Forests Angga, La Ode; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
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.v29i1.1181

Abstract

Introduction: The people of Sabuai Village reject the existence of a company that has been operating since 2019 Until now, the Environment Agency has never processed documents, either Amdal or other environmental documents according to the acting Head of the Maluku Province Environment Area. The people of Sabuai Village deny the existence of a company that has been operating since 2019, because it is suspected of cutting down and managing customary forest products without permission.Purposes of the Research: The long goal is to find out the Form of Accountability of CV Sumber Berkat Makmur that Encroaches on Customary Forests in the Research Environment of Eastern Sabuai Seram Village.Methods of the Research: The approach method used in this study is sociological juridical which is a descriptive study of qualitative analysis. This study seeks to illustrate what is happening in the Indigenous peoples of Sabuai Village, SBT. The data collection techniques used in this study were: Interviews, questionnaires and literature studies.Results of the Research: The form of cv accountability of the source of prosperous blessings that encroached on customary forests in Sabuai Village, Eastern Seram Regency, namely: From the point of view of administrative law, permission is a public service. In fact, permits as one of the sources of destruction and pollution in the name of illegal logging, illegal fissing and illegal maning. Thus illegal logging is a fraudulent practice since from licensing, activities, results of activities, actors and the purpose of their sale subscribe to the law. Legal liability under civil law in illegal encroachment is: The principle of liability based on unlawful acts, the Principle of absolute liability (strike liability) and the Principle of Liability based on Unlawful Acts. 
Recognition of Customary Land Rights Based of Krik Slamat Dianto, Dianto; Absori, Absori; Dimyati, Khudzaifah; Wardiono, Kelik
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.v29i1.1179

Abstract

Introduction: The recognition of customary land rights based on local values has undergone several shifts in value, giving rise to state doubts about its existence. Purposes of the Research: Therefore, this research aimed to examine the recognition of customary land rights of the Pusu customary community in Sumbawa based on the value of 'krik slamat'.Methods of the Research: This non-doctrinal research was conducted using a sociological approach to investigate the formation and functioning of the law. This method also discovers the philosophical values embodied in empirical law by objectifying the values that live in society, in this context the objectification of values is carried out with the concept of recognizing norms that live in society.Results of the Research: The results showed that, first, the recognition of land rights of the Pusu community was conducted with 'rpulung' based on the value of 'krik slamat' containing elements of religion, democracy, and justice. Second, in 'krik slamat', which serves as a philosophical foundation in the formation of the law, hence, 'pulung' is born in the form of norms.
Inventory of Communal Intellectual Property: Among Intellectual Property Right and Cultural Advancement Kasih, Desak Putu Dewi; Santosa, Anak Agung Gede Duwira Hadi; Dharmawan, Ni Ketut Supasti; Atmaja, I Komang Tri
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.v29i1.1162

Abstract

Introduction: This article is to examine the arrangement of the Inventory of Communal Intellectual Property (ICP) in the perspective of the Culture Advancement or IPR and to locate the ideal future concept regarding the Inventory of Communal Intellectual Property (ICP).Purposes of the Research: The purpose of this research is to analyze the Communal Intellectual Property (ICP) inventory concept in the perspective of IPR or Cultural Advancement.Methods of the Research: This research uses normative legal research with the statutory approach and conceptual approach.Results of the Research: In this research was found that the inventory concept in the Cultural Advancement Law is more sustainable rather than Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 13 of 2017, subsequent to the inventory is conducted and it will be continued to the next stage are securing, maintaining, salvaging, and publishing.
Comparative Law on the Authority of the House of Representatives (Indonesia) with the National Parliament (Timor Leste) Rumiartha, I Nyoman Prabu Buana; Indradewi, Anak Agung Sagung Ngurah; Gomes, Alarico
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.v29i1.1075

Abstract

Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.
Construction of Law Regarding The Role of The Regional Government In Providing Incentives For Micro Businesses Through Equity Crowdfunding Sari, Shinta Puspita
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.v29i1.1073

Abstract

Introduction: The policy complementary to regional investment is governed in Article 278 of Law Number 23 of 2014 and Government Regulation Number 24 of 2019. The availability of incentives and supporting facilities, however, remain to be the problems amidst shrinking regional budgets following the pandemic affecting economic sectors. The Regional Government of Batu City, among others, has perceived this effect and is on its way to reviving micro businesses to back up the local tourism.Purposes of the Research: This research aims to find out and analyze the role of the Regional Government in providing incentives for micro businesses through equity crowdfunding.Methods of the Research: This research employed normative-juridical methods with research data collected from library research and Focus Group Discussion discussed held in the Regional Government of Batu.Results of the Research: The regulatory framework in Batu city regarding micro businesses complies with Regional Regulation Number 1 of 2016, implying that the operation of the Integrated Business Services Center (PLUT) serves as a vital aspect in the development of Micro, Small, and Medium Enterprises (MSMEs) in Batu, and this is expected to help develop the MSMEs in the city. The regulation also implies that the local government is responsible for funding MSMEs by providing grants, requesting international funds, giving incentives that ease permit requirements, reducing tariffs imposed on infrastructure and facilities, and other forms of incentive. Existing potentials and opportunities must be used to enhance the capacity of human resources as the facilitators at PLUT in Batu.
Fulfillment of The Civil Rights of Prisoners Concerning Legal Cases Relating To Divorce Agustini, Shenti
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1182

Abstract

Introduction: One type of human rights is civil rights. Correctional institutions are places to build relationships with civil rights concerns. However, in practice, when dealing with divorce cases, they cannot attend the divorce party and are not given a verstek decision. Purposes of the Research: The purpose of this study is to analyze the implementation of Law No. 12 of 1995 concerning Corrections.Methods of the Research: The research method is normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is 1945 Constitution, Law Number 1 of 1974 concerning marriage, Law Number 12 of 1995 concerning Corrections and the theoretical basis used is theory of legal objectives according to Gustav Radbruch.Results of the Research: Based on the results of the study, the law on corrections has not yet achieved its legal objectives. This is due to the weak structure, substance and culture of prisons. This causes whether or not the civil rights are fulfilled. Therefore, it is necessary to revise the correctional law by taking into account civil rights when dealing with divorce cases.
Urgency of Indonesia’s Emergency Regulation According To Perspective Emergency Constitusional Law In Face Pandemic Masriyani, Masriyani; Nazifah, Nazifah; Badri, Muhammad; Siregar, Nella Octaviany
SASI Volume 28 Issue 4, December 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i4.1180

Abstract

Introduction: Legislation in Indonesia has provided a place for regulation in emergency situations, both at the constitutional and statutory levels. There are inconsistencies, both conceptually and practically in the use of the emergency clause in emergency regulations. Through this paper, the author would like to emphasize need for projection of revamping the laws and regulations related to emergency situation in Indonesia.Purposes of the Research: This study aims to analyze Indonesia’s emergency regulation according to perspective of emergency contitutional law of in the face of a Pandemic. Emergency situations they are Emergency State Law regime Article 12 of the 1945 Constitution, the use of Article 22 of the 1945 Constitution of the Republic of Indonesia, and the meaning of other emergencies in accordance with law.Methods of the Research: The research methodology used is normative juridical by approaching the laws and regulations (Statute Approach) and conceptual approach. From the approach to legislation, it aims to find out the rules related to emergency regulations. The legal materials were collected by means of a literature study, then the legal materials were analyzed in a qualitative juridical manner.Results of the Research: Results of his research, emergency option based on constitution which is represented by the phrase state of emergency in Article 12 of the 1945 Constitution gives great powers to emergency authorities, can deviate from democratic procedures in constitution and violate human rights, except for non-derogable rights. Activation of state of danger also results in lack of political and legal oversight.

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