SASI
https://fhukum.unpatti.ac.id/jurnal/sasi
<center><p><img src="/jurnal/public/site/images/fhukum/Cover_new_website1.jpg" alt="" loading="lazy" /></p></center><hr /><div><p style="background-color: #eee; padding: 5px 10px; font-size: 80%;" align="left"><strong>Journal Title:</strong> SASI<br /><strong>ISSN Online:</strong> <a href="https://issn.brin.go.id/terbit/detail/1513347544" target="_blank">2614-2961</a> <br /><strong>ISSN Print:</strong> <a href="https://issn.brin.go.id/terbit/detail/1180428701" target="_blank">1693-0061</a> <br /> <strong>DOI:</strong> <a href="https://doi.org/10.47268/sasi">10.47268/sasi</a> by Crossref <br /> <strong>Frequency: 4</strong> issues per year (March, June, September, December)<br /> <strong>Editor in Chief:</strong> <a href="https://scholar.google.co.id/citations?hl=id&user=hzB1LwMAAAAJ" target="_blank">Sarah Selfina Kuahaty</a><br /><strong>Associate Editor:</strong> <a href="https://www.scopus.com/authid/detail.uri?authorId=57211689127" target="_blank">Muchtar Anshary Hamid Labetubun</a><br /> <strong>Focus:</strong> Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, Customary Law, and other parts related to contemporary issues in the field of law.<br /><strong>Publisher:</strong> Faculty of Law Pattimura University<br /><strong>Indexing: <a href="https://doaj.org/toc/2614-2961" target="_blank">DOAJ</a> </strong>| <strong><a href="https://sinta.kemdikbud.go.id/journals/profile/4924" target="_blank">SINTA 2</a></strong> | <a href="/jurnal/index.php/sasi/pages/view/indexer" target="_self">more info</a><br /> <strong>Citation Analysis:</strong> <a href="/jurnal/sasi/pages/view/scopuscitation" target="_blank">SCOPUS</a> | <a href="https://app.dimensions.ai/analytics/publication/overview/timeline?and_facet_source_title=jour.1359073&local:indicator-y1=citation-per-year-publications" target="_blank">Dimensions</a> | <a href="https://scholar.google.com/citations?hl=en&view_op=search_venues&vq=SASI" target="_blank">Google Scholar Metrics</a><br /><strong>Deposit Policy:</strong> <a href="https://v2.sherpa.ac.uk/id/publication/37127" target="_blank">SHERPA/RoMEO</a></p></div><hr /><div><p align="justify"><strong>SASI</strong> is a peer-reviewed journal. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports greater global knowledge exchange. SASI is available in print and online versions.</p></div><p align="justify"><strong>SASI</strong> has been accredited by Direktur Jenderal Pendidikan Tinggi, Riset, dan Teknologi No. 158/E/KPT/2021 (SINTA 2), Valid from Vol. 26 No. 3, 2020 until Vol. 31. No. 2, 2025</p><p align="justify"><strong>OAI Address</strong></p><p>SASI has an OAI address: </p><p><a href="/jurnal/sasi/oai" rel="noopener" target="_blank">https://fhukum.unpatti.ac.id/jurnal/sasi/oai</a></p><p><span><strong><strong>Before submission</strong><span>,</span><br /></strong>You have to make sure that your paper is prepared using the <strong><a href="https://bit.ly/SASITemplate2024" target="_blank">SASI paper TEMPLATE</a></strong>, has been carefully proofread and polished, and conformed to the author's<a href="/jurnal/index.php/sasi/about/submissions#authorGuidelines" target="_self"> <strong>guidelines</strong></a>. </span></p><p><span><strong>Online Submissions</strong><br /></span>1. Already have a Username/Password for SASI? <a href="/jurnal/sasi/login" target="_self"><strong>GO TO LOGIN</strong></a><br />2. Need a Username/Password? <a href="/jurnal/sasi/user/register" target="_blank"><strong>GO TO REGISTRATION</strong></a></p><p>Registration and login are required to submit items online and to check the status of current submissions.</p><hr /><p><br /> SASI has been Indexed by :</p><center><p><a href="https://doaj.org/toc/2614-2961" target="_blank"><img src="/jurnal/public/site/images/fhukum/doaj-new1.png" alt="DOAJ" loading="lazy" /></a> <a href="https://goo.gl/U6SMmt" target="_blank"><img src="/jurnal/public/site/images/fhukum/google.png" alt="GOOGLE SCHOLAR" loading="lazy" /></a> <a href="https://sinta.kemdikbud.go.id/journals/profile/4924" target="_blank"><img src="/jurnal/public/site/images/fhukum/sinta_logo.png" alt="sinta" loading="lazy" /></a> <a href="https://garuda.kemdikbud.go.id/journal/view/17995" target="_blank"><img src="/jurnal/public/site/images/fhukum/garuda.png" alt="GARUDA" loading="lazy" /></a> <a href="https://app.dimensions.ai/discover/publication?search_mode=content&or_facet_source_title=jour.1359073" target="_blank"><img src="/jurnal/public/site/images/fhukum/dimensions.png" alt="Dimension" loading="lazy" /></a> <a href="https://search.crossref.org/?q=2614-2961" target="_blank"><img src="/jurnal/public/site/images/fhukum/crossref.png" alt="Crossref" loading="lazy" /></a></p></center><p><a href="/jurnal/index.php/sasi/pages/view/indexer" target="_self">View full indexing services.</a></p><hr />Faculty of Law Pattimura Universityen-USSASI1693-0061<p align="justify"><strong>Copyright:</strong></p><p align="justify">Authors who publish their manuscripts in this Journal agree to the following conditions:</p><p align="justify">1. The copyright in each article belongs to the author, as well as the right to patent.</p><p align="justify">2. Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.</p><p align="justify">3. <span>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</span></p><p align="justify"><span><span>4. Authors have the right to self-archiving of the article (</span><a href="/jurnal/sasi/about/editorialPolicies#custom-2">Author Self-Archiving Policy</a><span>)</span></span></p><p> </p><p align="justify"><strong>Licence:</strong> The SASI Journal is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.</p><p> </p><p align="justify"><a href="http://creativecommons.org/licenses/by-nc/4.0/" rel="license"><img style="border-width: 0;" src="https://i.creativecommons.org/l/by-nc/4.0/88x31.png" alt="Creative Commons License" loading="lazy" /></a><br />This work is licensed under a <a href="http://creativecommons.org/licenses/by-nc/4.0/" rel="license">Creative Commons Attribution-NonCommercial 4.0 International License</a>.</p>The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1530
<p><strong><em>Introduction: </em></strong><em>The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.</em></p><p><strong><em>Methods of the Research: </em></strong><em>The research method used is a normative approach based on the philosophy of Pancasila.</em></p><strong><em>Results of the Research: </em></strong><em>Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society.</em>Fatin Hamamah
Copyright (c) 2023 Fatin Hamamah
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2023-10-302023-10-3029461662210.47268/sasi.v29i4.1530Special Protection For Whistleblowers In Disclosing Money Laundering In Indonesia
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1533
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>A suspected criminal act of money laundering or a person who is designated as a witness in the process of examining a criminal act of laundering is obliged to obtain protection from the state.<strong> </strong></em><strong><em></em></strong></p><p><strong><em>Purposes of the Research:</em></strong><strong><em> </em></strong><em>This paper aims to find out the criminal law aspects of reporting Money Laundering where in fact someone as a reporter usually turns into a suspect so that this paper gives the spirit and courage of the community as a reporter because it is protected by state law.</em><strong><em></em></strong></p><p><strong><em>Method Of The Research: </em></strong><em>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. </em></p><strong><em>Results of the Research : </em></strong><em>Reporting of suspected money laundering or a person who is designated as a witness in the process of investigating a laundering crime is mandatory to obtain protection from the state. The protection given to reporters and witnesses is given in two forms, namely legal protection and special protection.</em>Mhd. HasbiAnsari AnsariMuhammad Faisal Hamdani
Copyright (c) 2023 Mhd. Hasbi, Ansari Ansari, Muhammad Faisal Hamdani
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2023-10-302023-10-3029462363210.47268/sasi.v29i4.1533The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1580
<p><strong><em>Introduction: </em></strong><em>The development of the use of digital media has had an impact on the amount of hoax information on social media. The large amount of hoax information in the community has made law enforcement officials immediately apply criminal law enforcement against hoax news spreaders.<strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><em>The urgency and formulation of the application of restorative justice in the crime of spreading hoax information on social media.</em></p><p><strong><em>Methods of the Research: </em></strong><em>Normative legal research with a concept and statutory approach.</em></p><strong><em>Results of the Research: </em></strong><em>The urgency of implementing RJ for perpetrators of criminal acts of spreading hoaxes on social media because RJ's orientation is to provide compensation for victims as well as having a future orientation to educate the public so they can prevent criminal acts from occurring. The application of RJ in cases of criminal acts of spreading hoaxes on social media can be formulated by regulating the application of RJ in cases of criminal acts of spreading hoaxes on social media by revising the provisions of the SKB UU ITE. Revision of the Joint Decree on the ITE Law by incorporating the RJ aspect as an effort to resolve the criminal act of spreading hoaxes on social media as well as the criminal act of the ITE Law in general.</em>Henny Saida FloraKhomaini KhomainiDwi Edi Wibowo
Copyright (c) 2023 Henny Saida Flora, Khomaini Khomaini, Dwi Edi Wibowo
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2023-10-302023-10-3029463364410.47268/sasi.v29i4.1580The Renewal of National Criminal Law: An Analysis of the Pancasila Law Philosophy
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1623
<p><strong><em>Introduction: </em></strong><em>Reform of criminal law is an important aspect in organizing the politics of criminal law so that it can meet the legal needs of society. The legal philosophy of Pancasila occupies an important position in efforts to reform criminal law.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><em>Reflection on criminal law renewal in terms of the legal philosophy of Pancasila.</em><strong><em></em></strong></p><p><strong><em>Methods of the Research: </em></strong><em>Normative legal research with conceptual, statutory and philosophical approaches.</em><strong><em></em></strong></p><strong><em>Results of the Research: </em></strong><em>The legal philosophy of Pancasila has relevance in relation to the reform of criminal law, including that the philosophy of Pancasila law can be a guide as well as a guide in both normative aspects and the practice of criminal law reform. In addition, the legal philosophy of Pancasila can also direct the orientation of criminal law reform in order to improve five important aspects of criminal law reform, namely aspects of legal substance, culture, structure, leadership, and the professionalism of law enforcement officials. The reading of Pancasila values in a hierarchical-pyramidal manner is important as a guide and direction for a criminal law reform process. Pancasila's legal philosophy has also become a norm of criticism in criminal law reform, namely providing criticism of norms and legal behavior of criminal law reform whether it is in accordance with Pancasila values or not.</em>Yaris Adhial FajrinKukuh Dwi KurniawanAde Sathya Sanathana Ishwara
Copyright (c) 2023 Yaris Adhial Fajrin, Kukuh Dwi Kurniawan, Ade Sathya Sanathana Ishwara
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2023-10-302023-10-3029464565510.47268/sasi.v29i4.1623The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1639
<p><strong><em>Introduction: </em></strong><em>Individual Company is part of a legal reform which is based on efforts to empower small and medium enterprises. Individual Company are intended to empower the community's economy so that the leaders of individual Company need to receive protection through the business judgment rule doctrine.<strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><em>This study aims to formulate a legal prescription related to the implementation of the doctrine in the conception of the business judgment rule in individual companies in terms of a progressive legal perspective.<strong></strong></em></p><p><strong><em>Methods of the Research: </em></strong><em>Normative law with a concept and statutory approach.<strong></strong></em></p><strong><em>Results of the Research: </em></strong><em>The relevance of the implementation of the business judgment rule doctrine for individual company can also increase the competitiveness of individual company because it can increase innovation from the leaders of individual company to be more optimal and maximal in managing individual company and not be afraid of the various risks that exist. Viewed from a progressive legal perspective, the reconstruction of the implementation of the business judgment rule doctrine for individual company can be carried out through analogical legal constructions because individual company and are generally the same in substance. In order to optimize the implementation of the business judgment rule doctrine for individual company, it is necessary to establish special rules governing guidelines and instructions in implementing the business judgment rule doctrine for individual company.</em>Lisma LumentutLiberthin Palullungan
Copyright (c) 2023 Lisma Lumentut, Liberthin Palullungan
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2023-10-302023-10-3029465666610.47268/sasi.v29i4.1639The Government Legal Warranty for Consumers in The Purchase of Property in Indonesia
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1681
<p><em><strong>Introduction: </strong></em><em>T</em><em>he sale and purchase of houses between developers and buyers often result default, which detrimental to consumers. The state has issued various policies regarding buying and selling houses and legal guarantees for buying and selling houses, but violations still occur and there is no legal guarantee from the state but must be resolved through litigation.</em><em></em></p><p><strong><em>Purposes of the Research:</em></strong><em> </em><em>The purpose of this study is to analyze and find problems with house sale and purchase contracts based on the Sale and Purchase Agreement</em><em></em></p><p><strong><em>Methods of the Research:</em></strong><em> The method used in this research is normative juridical. The research used is library research. The basis used in this research is the juridical basis consisting of Law Number 1 of 2011, GovernmentRegulation Number 12 of 2021</em><em>.</em><em> </em><em></em></p><strong><em>Results of the Research:</em></strong><em> When the state issues permits to operate housing to developers, the state has provided a legal guarantee to protect its people. Due to the guarantees that have given by the Government through statutory regulations and consumers following the instructions, they are guaranteed to receive legal protection from the state, State Administrative Officials, in terms of granting permits they have gone through applicable legal procedures, if it is proven otherwise then the government must be responsible for the decision. State Administration. However, if there is a violation of the law by the developer, it will difficult for home buyers to claim losses. Experienced, meaning that at the implementation level there is no guarantee for buyers from the state</em><em>.</em>Subekti SubektiDudik Djaja SidartaSiti MarwiyahSuyanto SuyantoNazli bin Ismail
Copyright (c) 2023 Subekti Subekti, Dudik Djaja Sidarta, Siti Marwiyah, Suyanto Suyanto, Nazli Bin Ismail
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2023-10-302023-10-3029466767710.47268/sasi.v29i4.1681From Punishment to Healing: The Transformative Power of Restorative Justice
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1688
<p><strong><em>Introduction:</em></strong><strong><em> </em></strong><em>Conventional criminal justice systems are often dominated by punitive approaches, which focus more on punishing offenders as a form of revenge and their separation from society. However, this approach has drawbacks in achieving broader goals, such as victim recovery, reducing recidivism rates, and building safer communities.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>This study discusses the power of restorative justice transformation in changing the paradigm from punishment to healing. Restorative justice offers an alternative approach to responsibility, reconciliation, and healing. </em></p><p><strong><em>Methods of the Research: </em></strong><em>Literature research methods are used to understand restorative justice, including its concepts, practices, impacts, challenges, and benefits. Literature Data is systematically identified, collated, and analyzed.</em></p><strong><em>Results of the Research: </em></strong><em>Restorative justice is a powerful approach to changing judicial paradigms, with its principles emphasizing reconciliation, responsibility, and participation. The impact of restorative justice on perpetrators includes behavior change and responsibility, while on victims, it includes recovery and reconciliation. Implementing restorative justice requires collaboration, adequate resources, and active participation from stakeholders. Restorative justice has the potential to create a more humane, equitable, and sustainable justice system, as well as bring recovery and reconciliation to individuals and communities affected by crime.</em>Suud Sarim Karimullah
Copyright (c) 2023 Suud Sarim Karimullah
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2023-10-302023-10-3029467869010.47268/sasi.v29i4.1688Digital Services of Public Government Administration In The Industrial Revolution 4.0
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1693
<p><strong><em>Introduction: </em></strong><em>Technology and the Industrial Revolution 4.0 have enabled the development of e-government for faster and more effective services. However, its implementation still needs to be improved, particularly regarding legal certainty.. </em><em></em></p><p><strong><em>Purposes of the Research: </em></strong><em>This study aims to analyze the legal uncertainty that occurred in the implementation of e-government in the Industrial Revolution 4.0 era</em><em>. </em><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>This research is normative legal research with a statutory and conceptual approach. The primary legal materials in this research include the 1945 Constitution of the Republic of Indonesia and the laws governing State Government administration. Secondary legal materials include books, articles, and research results. Non-legal material includes all non-legal studies related to electronic-based State Government Administration systems / e-government.</em></p><p><strong><em>Results of the Research: </em></strong><em>The study results provide an analysis of the constraints that occur in the implementation of Digital Government Administration. There needs to be an evaluation of the government's readiness in the e-government system, the affordability of the internet, the availability of server capacity that can accommodate many data, and the electronic devices used do not meet standards. It is suggested that the government must provide all technical and non-technical aspects that can support e-government performance as well as provide human resources who are experts in their fields, so that the government administration service system complies with the General Principles of Good Government (AUPB). It can be realized promptly by the principle of legal certaint</em><em>.</em></p>Mulyono KurniawanKhalimi Khalimi
Copyright (c) 2023 Mulyono Kurniawan, Khalimi Khalimi
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2023-10-302023-10-3029469170410.47268/sasi.v29i4.1693Indonesian Criminal Code, Living Law and Control in Law Enforcement in Indonesia
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1697
<p><strong><em>Introduction: </em></strong><em>The inclusion of the Living Law concept in the latest Criminal Code as a law that lives in society.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>This paper analy</em><em>zes</em><em> the dialectic of legal certainty according to the principle of legality with living law as the principle of substantive justice in criminal law reform</em><em>, from</em><em> the perspective of law as a mechanism of social control and its influence on the dynamics of criminal law enforcement in Indonesia</em><strong><em>.</em></strong><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>This research uses a normative legal research model. Data collection is done through secondary data searches in the form of primary legal materials and secondary legal materials that are relevant to the object of the problem being studied. The approach used in the analysis is juridical-normative and then elaborated with a sociological approach through social science theories.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>The results of the research on the accommodation of living law as a basic principle of criminal law have led to a dialectic between the principle of legal certainty and the principle of substantive justice. Living law is a form of law that is not codified like state law, but rather leads to awareness and cooperation among individuals in a community, so that the function applied is to control over community behavior, so that law enforcement mechanisms run naturally in order to maintain order and public morality.</em>Sophian Yahya SelajarAroma Elmina Martha
Copyright (c) 2023 Sophian Yahya Selajar, Aroma Elmina Martha
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2023-10-302023-10-3029470571610.47268/sasi.v29i4.1697Implementation of Mediation Effort For Settlement At The Class Ia Religious Court In Jayapura
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1708
<p><strong><em>Introduction: </em></strong><em>In handling cases, mediation is the most important series in the overall handling of judicial cases</em><em>.<strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><em>This study uses field research, by looking at phenomena related to procedures for mediating in resolving family conflicts in the Religious Courts. Sociologically -idealistically , mediation can help conflicting parties to get justice and benefit through peaceful means , but empirically-realistically, mediation procedures to resolve family conflicts in the Class IA Court in Jayapura which lead to decisions so that the role of the mediator cannot function maximally.</em><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>This study aims to identify, study and analyze the implementation of mediation using a legal perspective and PERMA Number 1 of 2016 concerning Mediation Procedures in the District Court, and to find out, examine and analyze the effectiveness of the implementation of PERMA RI No. 1 of 2016 in the District Court in Jayapura.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>The results of this study can be concluded that the implementation of mediation in a positive legal and legal perspective in the Religious Courts in Jayapura, in its implementation as it should and can resolve family conflicts, can be judged to be less successful, due to family conflicts to the forum as a large mediation, although the process of This can result in a complete resolution of the problem to the fullest, in fact the troubled parties still do not accept a reason for making peace. When the family parties are involved in a conflict, it must be immediately reconciled peacefully based on the existing legal provisions.</em>Husni IngratubunFitri Ingratubun
Copyright (c) 2023 Husni Ingratubun, Fitri Ingratubun
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2023-10-302023-10-3029471773910.47268/sasi.v29i4.1708Enigma of the Idea from Extending the Village Head Period: Orientation and Implications in a Constitutional Perspective
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1720
<p><strong><em>Introduction: </em></strong><em>In the developing social, political and economic dynamics, the idea of extending the village head's term of office raises questions regarding orientation, legality and its impact in the context of the Indonesian constitution as well as implications for the principles of democracy and community participation in village governance.</em></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>This study aims to examine the enigma of the idea of extending the tenure of village heads in the context of village administration in Indonesia and identify the implications of this idea for aspects of democracy, community participation, and the balance of power from a constitutional perspective.</em></p><p><strong><em>Methods of the Research: </em></strong><em>This study uses a legal analysis and policy analysis approach to examine various laws and regulations related to village governance, including the relevance and implementation of extending the tenure of village heads in Indonesia. The document analysis method will be used to collect data from official sources such as government reports, academic journals, and other trusted publications.</em></p><strong><em>Results of the Research: </em></strong><em>The research results indicate that the enigma of extending the tenure of Village Chiefs in the context of village governance in Indonesia and its relationship with the principles of democracy and community participation as per the Constitution. While the performance of the Village Chief is a consideration, it is important to maintain community participation in the election of Village Chiefs. This extension of tenure has a significant impact on the principle of power rotation, which is essential in safeguarding democracy. Village governance is an integral part of Indonesia's political system, based on democracy and community participation. Although the Village Chief plays a strategic role, the idea of extending their tenure raises important questions related to constitutional principles.</em>Komsih HudahAhmad RustanIrwansyah Irwansyah
Copyright (c) 2023 Komsih Hudah, Ahmad Rustan, Irwansyah Irwansyah
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2023-10-302023-10-3029474075410.47268/sasi.v29i4.1720The Legal Protection for Folk Songs from Unknown Origin: Orientation and Formulation in the Perspective of Legal Cybernetics
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1722
<p><em><strong>Introduction</strong>: </em><em>The existence of the phenomenon of regional songs whose regional origins are unknown has led to legal problems in the form of a legal vacuum regarding legal protection. Existing laws and regulations are still missing in providing arrangements regarding regional songs whose regional origin is unknown.</em></p><p><em><strong>Purposes of the Research</strong>: </em><em>This study aims to analyze and at the same time seek legal protection through special arrangements regarding regional songs whose regional origins are unclear.</em></p><p><em><strong>Methods of the Research</strong>: </em><em>Normative legal research with a conceptual and statutory approach.</em></p><em><strong>Results of the Research</strong>: The orientation to provide legal protection for folk songs of unknown origin can actually be carried out by issuing specific implementing regulations that regulate and facilitate folk songs of unknown origin to obtain legal protection. Legal protection for folk songs of unknown origin in the perspective of legal cybernetics can be carried out by establishing special regulations, research and studies, as well as cultural titles and festivals for folk songs of unknown origin. This is because legal protection for folk songs of unknown origin based on a legal cybernetics perspective needs to be carried out, especially by involving the political will of the local government and local cultural figures.</em>I Komang Gede IndrawanI Gede Agus Kurniawan
Copyright (c) 2023 I Komang Gede Indrawan, I Gede Agus Kurniawan
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2023-10-302023-10-3029475576410.47268/sasi.v29i4.1722The Ius Constituendum of Inter-agency Synergy Arrangements Related to Natural Disaster Mitigation and Action
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1736
<p><strong><em>Introduction: </em></strong><em>Natural disasters cause resource destruction and social threats. The synergy of important institutions is facing impact. Indonesia is prone to natural disasters due to volcanic eruptions, earthquakes, etc. Climate change and urbanization are exacerbating the situation. Effective law is needed, including institutional synergy, for disaster mitigation and prosecution.<strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>To gain a deeper understanding of inter-agency synergies in dealing with natural disasters in Indonesia, as well as to contribute to the development of a better and more effective legal framework for mitigating and overcoming natural disasters. Implementation of a more solid and coordinated legal framework is expected to increase the efficiency and effectiveness of natural disaster mitigation and prosecution efforts.</em></p><p><strong><em>Methods of the Research: </em></strong><em>This study uses a qualitative normative research method with a statutory approach. The collection of legal materials involves laws, government regulations, regional regulations, government policies, court decisions, as well as legal literature such as articles, journals and books. The analysis is carried out by identifying and selecting relevant regulations, categorizing issues related to institutional roles, resources, and responsibilities.</em></p><strong><em>Results of the Research:</em></strong><em> Synergy between agencies is the main key in a rapid and coordinated response to natural disasters. Several related institutions have been assigned to deal with disasters, but the implementation of existing laws and regulations needs to be evaluated and improved. In facing this challenge, the Ius Constituendum concept can be applied to strengthen inter-agency synergies related to natural disaster mitigation and prosecution. In implementing the Ius Constituendum concept, the involvement of all stakeholders and an intensive dialogue process are very important to ensure that the laws and regulations that are implemented are in accordance with the needs and conditions that are developing. By formulating and implementing the Ius Constituendum concept correctly, inter-agency synergy in managing natural disasters in Indonesia can be increased.</em>Joko PramonoMaya Sekar WangiJosef Purwadi SetiodjatiDora KusumastutiAhmad Zubir Ibrahim
Copyright (c) 2023 Joko Pramono, Maya Sekar Wangi, Josef Purwadi Setiodjati, Dora Kusumastuti, Ahmad Zubir Ibrahim
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2023-10-302023-10-3029476577610.47268/sasi.v29i4.1736The Sharia Funding Risk Issues in Fintech Securities Crowdfunding: Realization of Legal Certainty in the Shari'ah Perspective
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1733
<p><strong><em>Introduction: </em></strong><em>In the era of globalization and information technology, fintech is transforming the financial sector, including fintech securities crowdfunding, which is a funding model based on the participation of many small investors. In the context of sharia, sharia principles regulate financial transactions and services, while crowdfunding fintech securities is a popular phenomenon in sharia funding, but requires investor protection regarding investment risk and legal protection</em><em>.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><em>T</em><em>o analyze the legal certainty of protection for investors who invest in Islamic funding through fintech securities crowdfunding in Indonesia and analyze the risks faced by investors in this context</em><em>.</em><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>This study uses qualitative normative legal research methods to understand legal certainty and investor protection in Islamic funding through Fintech Securities Crowdfunding. Data collection was carried out through literature study and then analyzed qualitatively to identify patterns, themes and related issues</em><em>.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>Sharia funding through Fintech Securities Crowdfunding in Indonesia provides attractive Islamic investment opportunities but also involves various risks such as business risk, liquidity, legal, sharia, and others. Legal certainty regulated by Financial Services Authorityand Sharia Supervisory Board is the key in providing protection to investors. OJK regulations ensure information transparency and compliance with sharia principles, so that investors can invest with confidence according to sharia values. Thus, an investment ecosystem that has integrity and is inclusive within the sharia framework can be realized.</em>Alhadiansyah AlhadiansyahErni Djun'astutiSugeng SusilaMarnita MarnitaTri Dian Aprilsesa
Copyright (c) 2023 Alhadiansyah Alhadiansyah, Erni Djun'astuti, Sugeng Susila, Marnita Marnita, Tri Dian Aprilsesa
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2023-11-302023-11-3029477778910.47268/sasi.v29i4.1733The Protection of Human Rights in the Case of Non-Criminal Narcotics Users
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1779
<p><strong><em>Introduction: </em></strong><em>Narcotics use as a complex global issue has an impact on human rights, especially in the context of criminal law. Although some countries, including Indonesia, are beginning to recognize human rights protections in non-criminal narcotics use, the main challenge is striking a balance between strict regulation and appropriate protection for individuals who need narcotics for treatment or non-criminal purposes. <strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>The aim of this research is to analyze relevant laws and regulations and related practices in protecting human rights in the case of non-criminal narcotics users. </em></p><p><strong><em>Methods of the Research: </em></strong><em>This research uses normative legal research methods to analyze laws and regulations related to non-criminal narcotics use. Data sources include statutory documents, court decisions, and legal literature. Data analysis will look for patterns and evaluate regulatory compliance with human rights principles.</em></p><strong><em>Results of the Research:</em></strong><em> To protect human rights in cases of non-criminal narcotics use in Indonesia, legislation plays an important role, although challenges such as abuse of power and social stigma remain. Cooperation between government, NGOs and civil society is needed to implement existing regulations and increase public understanding of human rights. Indonesia needs to find a balance between strict narcotics regulations and protecting individual rights. This involves clear definitions for “non-criminal” narcotics, fair law enforcement, as well as safeguarding individual privacy. The challenges involve racial and social injustice in drug law enforcement and require an evidence-based approach that engages diverse stakeholders. Continuous research and analysis is needed to support better policies to address the narcotics problem.</em>Andri Winjaya Laksana
Copyright (c) 2023 Andri Winjaya Laksana
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2023-12-182023-12-1829479080110.47268/sasi.v29i4.1779The Legal Consequences of Transferring Trade Secrets on Under Hand’s Scheme
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1785
<p><strong><em>Introduction: </em></strong><em>Unauthorized transfer of trade secrets can harm the owner, cause financial loss, damage reputation and trigger legal action. In the era of globalization and technology, the transfer of trade secrets is increasingly urgent to be legally regulated. Legislation has been implemented in various countries to protect trade secrets, but the legal consequences vary. The repercussions involve financial loss, reputation, legal action and ethical business considerations.<strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><strong><em> </em></strong><em>The purpose of this study is to investigate and analyze the process of identifying and handling the transfer of trade secrets under the hand in Indonesian legal practice. This study also aims to understand the legal consequences that apply to the perpetrators of private transfer of trade secrets in the Indonesian legal system. </em></p><p><strong><em>Methods of the Research: </em></strong><em>This research uses normative legal research methods to analyze statutory regulations, court decisions, and legal literature related to the private transfer of trade secrets. A statutory approach helps understand the applicable legal framework. Data sources include various legal documents and legal literature, with data collection techniques focusing on document analysis and literature study. Data analysis involves identifying trends and legal implications of cases related to private transfer of trade secrets in the Indonesian legal context.</em></p><strong><em>Results of the Research:</em></strong><em> The process of identifying and handling illegal transfers of trade secrets in Indonesia is an important step in protecting business and industry. It covers the steps from identification to prosecution, with reference to regulations such as the Trade Secret Act. Trade secrets must be confidential and have economic value. Prevention through internal security policies and employee training is also necessary. Perpetrators of the transfer of trade secrets may face civil, criminal and administrative actions in accordance with applicable law, with consequences including criminal sanctions, demands for compensation and confiscation of goods or documents. Protection is also given to whistleblowers in good faith. Internal policies, nondisclosure agreements, and consulting legal advisors are important for protecting trade secrets. All parties must understand and comply with the law to maintain business integrity in Indonesia.</em>Yohanes SuhardinRolib SitorusHendri KhuanSardjana Orba Manullang
Copyright (c) 2023 Yohanes Suhardin, Rolib Sitorus, Hendri Khuan, Sardjana Orba Manullang
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2023-12-182023-12-1829480281210.47268/sasi.v29i4.1785Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1790
<p><strong><em>Introduction: </em></strong><em>Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago.<strong></strong></em></p><p><strong><em>Purposes of the Research: </em></strong><em>To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS</em><em>.</em><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis.</em></p><strong><em>Results of the Research: </em></strong><em>The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.</em>Popi TuhuleleRichard Marsilio WaasAfrizal Anshari Makatita
Copyright (c) 2023 Popi Tuhulele, Richard Marsilio Waas, Afrizal Anshari Makatita
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2023-12-182023-12-1829481382510.47268/sasi.v29i4.1790Ius Constituendum Formulating Basic Values of Indigenous Peoples in Constitutional Amendments
https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1881
<p><strong><em>Introduction: </em></strong><em>Regulation of Customary Law Communities in a state constitution is important to guarantee their existence and guarantee their protection. The regulation of Indigenous Law Communities in the constitution is also intended so that the regulations under the constitution can be in line with the constitution in facilitating Indigenous Law Communities</em><em>.</em><strong><em></em></strong></p><p><strong><em>Purposes of the Research: </em></strong><em>The aim of this research is to formulate the basic principles of MHA which must be regulated in the constitution as well as efforts to amend the constitution to formulate the basic principles of MHA in the constitution</em><em>.</em><em></em></p><p><strong><em>Methods of the Research: </em></strong><em>Normative legal research using case, concept and legislative approaches</em><em>.</em><em></em></p><strong><em>Results of the Research: </em></strong><em>The basic principles of MHA that need to be formulated in the constitution include various basic values of MHA, such as having customary legal norms, having ulayat rights or traditional rights related to natural resource management, and having traditional apparatus with various characteristics that exist in each MHA. Revision of Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia as an effort to amend the constitution to include the basic principles and values of the MHA can be carried out by including basic values and principles in the MHA which include: the existence of customary legal norms, having customary rights or related traditional rights. With natural resource management, as well as having traditional apparatus with various characteristics that exist in each MHA..</em>Andika Prawira BuanaHasbuddin KhalidTri Abriana Ma’ruf
Copyright (c) 2023 Andika Prawira Buana, Hasbuddin Khalid, Tri Abriana Ma’ruf
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2023-12-182023-12-1829482683610.47268/sasi.v29i4.1881