2026-05-06T15:05:25Z https://fhukum.unpatti.ac.id/jurnal/sasi/oai

oai:ojs.fhukum.unpatti.ac.id:article/946 2022-06-21T07:17:31Z palau:ART driver

oai:ojs.fhukum.unpatti.ac.id:article/498 2021-03-07T12:26:16Z balobe:ART driver

oai:ojs.fhukum.unpatti.ac.id:article/3668 2026-03-24T09:32:14Z sasi:ART driver

The Transformation of Hindu Dharma Values into Legal Norms: Ambiguity in the Awig-Awig of Kesian Customary Village Wacika, Made Wiswani Ardini, Ni Putu Ayu Meylan Dewi, Anak Agung Istri Ari Atu Awig-Awig; Hindu Dharma; Legal Certainty; Village Community Rights; Kesian Customary Village. Introduction: Customary Village in Bali regulates the social and religious life of its community through customary law known as Awig-Awig. In Kesian Customary Village, Awig-Awig reflects the transformation of Hindu Dharma values into written normative rules intended to preserve social harmony and communal order. However, several provisions remain general and abstract, creating vage normen (vague norms) that generate normative ambiguity and potentially weaken legal certainty and the protection of the rights of krama Village, particularly in matters related to customary sanctions and inheritance.Purposes of the Research: This research aims to analyze the formulation of Hindu Dharma values within the Awig-Awig of Kesian Customary Village and to examine the juridical implications of these vague norms on the consistency of customary law enforcement and the protection of village community rights.Methods of the Research: This study employs normative legal research focusing on the ambiguity of Hindu Dharma values in written customary law. It applies statutory, conceptual, and philosophical approaches using primary legal materials such as the Awig-Awig of Kesian Customary Village and secondary materials including Hindu legal literature and customary law doctrines, which are analyzed through qualitative normative interpretation.Results of the Research: The findings show that Article 26 paragraph (3) and Article 49 contain vague norms due to the absence of clearly defined prohibited acts, determination procedures, and measurable sanctions. This ambiguity gives broad discretionary authority to customary leaders and risks inconsistent enforcement. The novelty of this research lies in providing a normative critique of Awig-Awig formulation from the perspective of legal certainty and recommending clearer legal standards to strengthen the protection of village community rights. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3668 10.47268/sasi.v32i1.3668 SASI; Volume 32 Issue 1, March 2026; 100-115 SASI; Volume 32 Issue 1, March 2026; 100-115 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3668/pdf Copyright (c) 2026 Made Wiswani Wacika, Ni Putu Ayu Meylan Ardini, Anak Agung Istri Ari Atu Dewi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3547 2026-03-24T09:32:14Z sasi:ART driver

Reconciling Civil Code and Customary Law in Chinese Inheritance Disputes in Indonesia Rahayu, Tajqia Qalbu Harrieti, Nun Inheritance Disputes; Chinese Customary Law; Civil Code; Legal Pluralism. Introduction: This article examines the settlement of inheritance disputes within the Chinese ethnic community in Indonesia, which faces unique challenges due to legal pluralism. The coexistence of inheritance law under the Indonesian Civil Code and traditional Chinese customary law often leads to conflict, particularly regarding gender equality and fairness in the distribution of assets. This tension reflects a broader issue in harmonizing positive law with deeply rooted cultural traditions.Purposes of the Research: The purpose of this study is to analyze inheritance disputes in the Chinese ethnic community through the perspectives of the Civil Code and Chinese customary law, highlighting points of convergence, areas of conflict, and their implications for legal certainty and justice.Methods of the Research: This study employs a normative juridical method, focusing on legal norms derived from statutory regulations, court decisions, and legal doctrines concerning inheritance law. The primary legal materials analyzed include relevant provisions of the Indonesian Civil Code (KUHPerdata), particularly those regulating heirs and inheritance distribution, as well as Decision Number: 486/Pdt.G/2023/PN Sby of the Surabaya District Court. Secondary materials consist of scholarly books and journal articles on inheritance law, legal pluralism, and Chinese customary law. All materials were collected through document study and analyzed qualitatively using a descriptive-analytical approach.Results of the Research: The findings reveal that Chinese customary law remains patrilineal, tending to prioritize male heirs, whereas the Civil Code upholds equality among heirs regardless of gender or birth order. Judicial decisions increasingly prioritize the Civil Code to ensure justice, indicating a shift away from discriminatory customary practices. This study contributes to the discourse by demonstrating how judicial practice reconciles legal pluralism to guarantee equal protection for all heirs. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3547 10.47268/sasi.v32i1.3547 SASI; Volume 32 Issue 1, March 2026; 89-99 SASI; Volume 32 Issue 1, March 2026; 89-99 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3547/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3547/745 Copyright (c) 2026 Tajqia Qalbu Rahayu, Nun Harrieti http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3493 2026-03-24T09:32:13Z sasi:ART driver

Constitutional Ethics Rooted in Customary Values: Comparative Analysis between Indonesia and Russia Amin, Fakhry Begishev, Ildar Rustamovich Constitutional Ethics; Customary Values; Legal Comparison. Introduction: Constitutional ethics reflect the moral dimension that guides the administration of the state based on the cultural and historical values of the nation. Every country in the global context has a root value that shapes the character of its constitution. Indonesia and Russia are interesting examples because they both place local ethics, culture, and traditions as the basis for constitutional legitimacy.Purposes of the Research: This research aims to analyze and compare how customary and cultural values affect the formation and implementation of constitutional ethics in Indonesia and Russia. Through this study, it is hoped that a deeper understanding of the relationship between culture, ethics, and the constitution as the main pillars of morality in modern governance can be found.Methods of the Research: The research method used is qualitative and comparative with normative and socio-cultural approaches. Data was obtained through literature studies of constitutional documents, legal texts, and the results of previous research. The analysis was carried out in a descriptive-comparative manner to explore the similarities and differences between the two legal systems in internalizing customary-based ethical values into constitutional principles and state practices.Results of the Research: The findings show that both Indonesia and Russia have strong constitutional ethics rooted in the traditions of their people. Indonesia emphasizes social harmony, mutual cooperation, and social justice based on Pancasila, while Russia emphasizes the values of loyalty, national solidarity, and spirituality. Although they differ in their source of value, they show that the constitution is not just a legal document, but a reflection of the nation's moral and cultural identity that strengthens the state's legitimacy and social integrity. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3493 10.47268/sasi.v32i1.3493 SASI; Volume 32 Issue 1, March 2026; 72-88 SASI; Volume 32 Issue 1, March 2026; 72-88 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3493/pdf Copyright (c) 2026 Fakhry Amin, Ildar Rustamovich Begishev http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3483 2026-03-24T09:32:13Z sasi:ART driver

The Interplay of Customary Law and Labor Regulations: A Comparative Legal Pluralism Study in Indonesia and Algeria Febriharini, Mahmuda Pancawisma Kunarto, Kunarto Driss, Bakhouya Legal Pluralism; Customary Law; Labor Regulation; Employment Relations. Introduction: This study examines the interaction between customary law and national labor regulations in Indonesia and Algeria through the lens of legal pluralism. The research is motivated by the persistent coexistence of formal state law and traditional practices in shaping employment relations, which is particularly evident in societies with strong communal and religious traditions. Both Indonesia and Algeria represent cases where historical legacies of colonialism, post-independence political choices, and enduring social structures have produced distinctive forms of legal pluralism in labor relations.Purposes of the Research:  The purpose of this research is to compare how legal pluralism operates in the two countries to regulate employment relations, resolve labor disputes, and accommodate customary norms within national frameworks.Methods of the Research: This study applies a normative legal research method with a comparative legal approach. Primary data sources include statutory regulations such as the Indonesian Labour Law Number 13 of 2003 (as amended by the Job Creation Law 2020 and Law Number 6 of 2023) and the Algerian Labour Code (Law Number 90-11/1990), while secondary data are drawn from academic literature, case studies, and reports from international institutions like the ILO. Data were analyzed using a descriptive-comparative technique to identify similarities, differences, and integration patterns between customary law and national labor regulations.Results of the Research: The findings reveal that both Indonesia and Algeria institutionalize pluralism by formally recognizing certain customary practices, such as oral employment agreements in Algeria and community-based contractual practices in Indonesia. This novelty lies in demonstrating how pluralism is not merely a social phenomenon but also a legally recognized mechanism for regulating labor relations and dispute resolution. This study advances existing knowledge by showing that legal pluralism provides a flexible and context-sensitive framework for labor law, balancing global standards with local legitimacy. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3483 10.47268/sasi.v32i1.3483 SASI; Volume 32 Issue 1, March 2026; 59-71 SASI; Volume 32 Issue 1, March 2026; 59-71 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3483/pdf Copyright (c) 2026 Mahmuda Pancawisma Febriharini, Kunarto Kunarto, Bakhouya Driss http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3425 2026-03-24T09:32:12Z sasi:ART driver

Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks Arifin, Miftah Arifin, Zainal Widiastuti, Anna Ismanto, Hadi Giang, Vu Le Customary Law; Social Justice; Corporate Social Responsibility. Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to revisit the legal framework that governs the relationship between foreign investors and the recipient community. Customary law is seen as a source of values and moral principles that can strengthen social legitimacy in the practice of foreign direct investment (FDI).Purposes of the Research:  This study aims to analyze how customary law can play a role in restoring social justice through the implementation of corporate social responsibility (CSR) and performance requirements in foreign investment, by comparing the legal frameworks of Indonesia and Vietnam, this study seeks to find a model of customary law integration that is able to balance economic interests with the social and cultural values of local communities.Methods of the Research: This study uses a normative-comparative legal approach by analyzing laws and regulations, policy documents, and CSR implementation practices in Indonesia and Vietnam. Data was collected through literature studies and content analysis of various primary and secondary legal sources. A comparative approach is used to identify similarities and differences in the application of customary law as the basis for foreign investment policies in both countries.Results of the Research: The results of the study show that Indonesia has adopted customary law principles, such as mutual cooperation and social justice, within the legal framework of CSR and investment performance requirements. In contrast, Vietnam still emphasizes socialist state policies without explicit recognition of local customary law values. The integration of customary law has been proven to strengthen the social legitimacy and sustainability of investments, as it fosters corporate social responsibility that is in line with community values and promotes more equitable and inclusive development. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3425 10.47268/sasi.v32i1.3425 SASI; Volume 32 Issue 1, March 2026; 40-58 SASI; Volume 32 Issue 1, March 2026; 40-58 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3425/pdf Copyright (c) 2026 Miftah Arifin, Zainal Arifin, Anna Widiastuti, Hadi Ismanto, Vu Le Giang. http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3523 2026-03-24T09:32:14Z sasi:ART driver

Negotiated Legal Pluralism: Institutional Formalization and the Resilience of Tolaki Customary Dispute Resolution Akib, Ma'ruf Umar, Wahyudi Asis, Patta Hindi Lalangi, Wa Ode Amatyi Rachima Transformation; Indigenous Dispute Resolution; Tolaki Customary Law; Legal Pluralism. Introduction: The Customary Dispute Resolution Mechanism (CDRM) of the Tolaki people in Southeast Sulawesi faces faces structural pressures arising from state legal expansion, jurisdictional overlap with formal courts, and the gradual reconfiguration of customary authority within Indonesia’s plural legal order. Historically, the Tolaki customary law system has played a central role in maintaining social harmony and resolving internal conflicts. However, the penetration of national law, globalization, and rapid socio-economic structural changes have placed Tolaki CDRM at a crossroads of adaptation.Purposes of the Research: This study aims to analyze the transformation patterns of Tolaki CDRM and to measure its resilience as an alternative dispute resolution mechanism amid the dominance of the national legal system.Methods of the Research: This qualitative research employs a socio-legal approach, combining normative analysis of Tolaki customary norms with empirical data from in-depth interviews with customary leaders (Pu'utobu, Mosoro), disputing parties, and judicial apparatus. Data was collected through document studies and field research in several Tolaki regions in Southeast Sulawesi.Results of the Research: (1) Tolaki CDRM has undergone significant institutional transformation through formalization under local regulations, (2) Procedural adaptations include standardized mediation and documentation systems such as structured mediation stages, written settlement documentation, and administrative reporting mechanisms; (3) CDRM demonstrates high resilience, sustained by the philosophical foundation of Kalo Sara and dual legitimacy—traditional community-based legitimacy and administrative state recognition. CDRM operates in active co-existence with the national legal system, often functioning as a pre-litigation mechanism. The restorative justice approach of CDRM, emphasizing social relationship recovery (Loleka), proves more effective than retributive formal justice in maintaining long-term kinship harmony. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3523 10.47268/sasi.v32i1.3523 SASI; Volume 32 Issue 1, March 2026; 30-39 SASI; Volume 32 Issue 1, March 2026; 30-39 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3523/pdf Copyright (c) 2026 Ma'ruf Akib, Wahyudi Umar, Patta Hindi Asis, Wa Ode Amatyi Rachima Lalangi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3467 2026-03-24T09:32:13Z sasi:ART driver

Customary Law for Equitable Spatial Planning: Preventing Social Bankruptcy and Enhancing Community Welfare Adnan, Muhammad Ali Sunarto, Atika Khair, Azizan Customary Law; Spatial Planning; Social Bankruptcy; Community Welfare. Introduction: This study examines the role of customary law as an instrument for equitable spatial planning in preventing socio-economic bankruptcy and enhancing the welfare of indigenous communities in Indonesia. As a living and dynamic legal system, customary law embodies values of ecological balance, deliberation, and restrictions on land conversion without community consent. However, in practice, many regional spatial planning policies have failed to integrate customary norms, resulting in spatial conflicts and social disintegration.Purposes of the Research:  The research aims to analyze how customary law can serve as both a normative and practical foundation for equitable spatial planning, and how integrating local values can prevent social bankruptcy while strengthening the welfare of indigenous peoples.Methods of the Research: This study employs a normative-juridical approach combined with socio-legal analysis to examine the interaction between statutory law and customary practices in spatial management, supported by case studies of customary land conflicts in Salang Tungir Village (Deli Serdang Regency) and Aras Napal Village (Langkat Regency).Results of the Research: Findings indicate that neglecting customary law norms in spatial planning leads to the loss of community access to productive spaces, weakens local economies, and triggers social conflicts. Conversely, applying customary law in spatial planning—through recognition of customary rights, consent mechanisms, and active community participation—fosters spatial justice and enhances community welfare. This study introduces the concept of “customary law-based spatial planning,” which integrates local values with principles of social and ecological justice in national spatial planning policies, offering a framework for more inclusive and sustainable development. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3467 10.47268/sasi.v32i1.3467 SASI; Volume 32 Issue 1, March 2026; 14-29 SASI; Volume 32 Issue 1, March 2026; 14-29 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3467/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3467/721 Copyright (c) 2026 Muhammad Ali Adnan, Atika Sunarto, Azizan Khair http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3414 2026-03-24T09:32:12Z sasi:ART driver

Legal Certainty of Assignment in Postponement of Debt Payment Obligations Applications: Synergy Between Positive Law, Customary Law, and the Theory of Legal Pluralism S, Binsar Jon Vic Iryani, Dewi Kapanadze, Maia Cessie; Postponement of Debt Payment Obligations; Legal Certainty; Customary Law; Legal Pluralism. Introduction: The assignment of receivables through cessie is an essential instrument in Indonesian civil law practice, including within the mechanism of Postponement of Debt Payment Obligations. In practice, however, legal uncertainty often arises concerning the legal standing of substituted creditors who acquire claims through cessie when involved in Postponement of Debt Payment Obligations proceedings. The absence of explicit regulation in the Civil Code and Law Number 37 of 2004 creates juridical ambiguities that may disadvantage both creditors and debtors.Purposes of the Research:  The purpose of this research is to examine the legal certainty of cessie within Postponement of Debt Payment Obligations by exploring the synergy between positive law, customary law, and legal pluralism theory.Methods of the Research: This study employs a normative juridical method, utilizing both the statute approach and the conceptual approach, with data collected through literature review of primary and secondary legal sources.Results of the Research: The findings demonstrate that legal certainty of cessie in Postponement of Debt Payment Obligations cannot rely solely on positive law but must also incorporate the legitimacy rooted in living customary law. The novelty of this research lies in the integration of legal pluralism theory to bridge positive law and customary law, thereby providing more comprehensive legal protection for both creditors and debtors. This research advances scholarly discourse by offering a model of synergy that may guide policymakers and judges in interpreting the status of cessie in Postponement of Debt Payment Obligations cases, thus ensuring legal certainty in both formal and substantive terms. Faculty of Law, Universitas Pattimura 2026-03-24 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3414 10.47268/sasi.v32i1.3414 SASI; Volume 32 Issue 1, March 2026; 1-13 SASI; Volume 32 Issue 1, March 2026; 1-13 2614-2961 1693-0061 10.47268/sasi.v32i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3414/pdf Copyright (c) 2026 Binsar Jon Vic S, Dewi Iryani, Maia Kapanadze http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3379 2026-01-16T10:26:02Z sasi:ART driver

The Role of Law Enforcement in Managing Communal Conflict Sisinaru, Sostones Yakobis Basuki, Eko Maspaitella, Marthin Jonas Communal Conflict; Boundary Disputes; Role of The Police. Introduction: Research on communal conflict in Maluku has received little attention from researchers in the fields of law and social sciences.Purposes of the Research: This study was conducted to understand communal conflict in Maluku and the role of the police in managing it.Methods of the Research: This study used a qualitative approach, with narrative analysis used for data analysis.Results of the Research: Village boundary disputes and interpersonal conflicts remain the dominant factors influencing the emergence of communal conflict within society. Law enforcement agencies, particularly the police, are considered not yet optimal in implementing anticipatory and preventive measures to address the potential escalation of communal conflict. Furthermore, the police intelligence function is viewed as not fully effective in conducting early detection of social frictions and emerging conflict potentials within the community. Communal conflicts have the potential to generate prolonged collective resentment, thereby increasing societal vulnerability to provocation and involvement in communal violence against individuals or groups with whom they have previously been in conflict. In the context of handling customary territorial boundary disputes between the Sawai and Huaulu communities, the police, in collaboration with judicial institutions, have undertaken legal resolution efforts in accordance with applicable procedures and statutory regulations. Nevertheless, segments of the community who perceive themselves as disadvantaged by the legal decisions have not been able to fully accept the outcomes of those rulings. Therefore, the police and other law enforcement institutions need to intensify legal outreach and public legal awareness education, particularly among conflict-prone indigenous communities, regarding disputes over territorial boundaries or customary land. Faculty of Law, Universitas Pattimura 2025-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3379 10.47268/sasi.v31i4.3379 SASI; Volume 31 Issue 4, December 2025; 429-437 SASI; Volume 31 Issue 4, December 2025; 429-437 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3379/pdf Copyright (c) 2025 Sostones Yakobis Sisinaru, Eko Basuki, Marthin Jonas Maspaitella http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3408 2026-01-16T10:23:34Z sasi:ART driver

Traditional Community Participation Model in Conflict Resolution among Two Mining Companies Gajah, Nurhamidah Sitorus, Henry Sihombing, Marlon Arifana, Arifana Pasaribu, Safran Efendi Social Conflict Resolution; Traditional Community Participation Model; Impactsof Mining Companies. Introduction: Mining operations in North Sumatera Province have generated both economic opportunities and socio-environmental challenges for surrounding traditional communities. The coexistence of PT. Agincourt Resources in Batangtoru and PT. Sorikmas Mining in Naga Juang has triggered land disputes, environmental degradation, and social polarization, reflecting the tension between corporate expansion and the preservation of customary (adat) values.Purposes of the Research: This study aims to map and classify sources of social conflict between mining companies and local adat communities, examine the dynamics of traditional institutions, and develop a participatory conflict resolution model that integrates local wisdom and community empowerment.Methods of the Research: Using a mixed-method design, this research combines quantitative surveys with qualitative approaches, including in-depth interviews, focus group discussions, and participant observation. Data were analyzed using parametric statistics and qualitative matrix analysis to identify socio-cultural dynamics, conflict patterns, and the institutional role of adat in mediating disputes.Results of the Research: The findings show that mining activities have disrupted social cohesion and traditional governance structures, particularly regarding ulayat (customary) land rights. Nonetheless, the study introduces a Traditional Community Participation Model emphasizing adat leaders as mediators in conflict resolution. This model reinforces social capital, restores trust, and enhances collaboration between companies, communities, and government institutions. The research offers a novel integrative framework linking customary institutions with sustainable conflict management and responsible mining governance in Indonesia. Faculty of Law, Universitas Pattimura 2025-11-17 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3408 10.47268/sasi.v31i4.3408 SASI; Volume 31 Issue 4, December 2025; 419-428 SASI; Volume 31 Issue 4, December 2025; 419-428 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3408/pdf Copyright (c) 2025 Nurhamidah Gajah, Henry Sitorus, Marlon Sihombing, Arifana Arifana, Safran Efendi Pasaribu http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3365 2026-01-16T10:23:34Z sasi:ART driver

Bilateral Kinship and Inheritance Distribution in Dayak Indramayu Customary Law Fansuri, Hamzah Setyawan, Edy Busthomi, Achmad Otong Ali, Nur Al Mustaqim, Dede Dahlan, Rahman Customary Law; Bilateral Kinship; Inheritance; Social Justice. Introduction: The kinship system in the Dayak Indramayu community plays an important role in determining the pattern of inheritance distribution. Unlike the patrilineal or matrilineal systems, which emphasize a single line of descent, the Dayak Indramayu community adheres to a bilateral kinship system that allows inheritance rights to be obtained from both the father and mother.Purposes of the Research: This study aims to analyze how the bilateral kinship system influences the pattern of inheritance distribution in the Dayak Indramayu community, emphasizing aspects of gender equality, recognition of adopted children, and its implications for social justice within the framework of customary law and national law.Methods of the Research: This study uses a qualitative-descriptive method with a socio-cultural legal approach. Data was collected through field observations, semi-structured interviews with traditional leaders and community members, and documentation studies. Data analysis was conducted using Miles and Huberman's interactive model, supplemented with normative-legal interpretations to understand the relationship between traditional norms, social values, and positive law.Results of the Research: The study found that the bilateral kinship system of the Dayak Indramayu produces a relatively egalitarian inheritance pattern by granting equal rights to both sons and daughters. However, there are still weaknesses in guaranteeing the rights of adopted children and the potential for conflict due to differences in interpretation between subgroups. The originality of this research lies in its recommendation to reformulate customary law to be more adaptive to contemporary principles of social justice and in line with the national legal framework. Faculty of Law, Universitas Pattimura 2025-11-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3365 10.47268/sasi.v31i4.3365 SASI; Volume 31 Issue 4, December 2025; 406-418 SASI; Volume 31 Issue 4, December 2025; 406-418 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3365/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3365/689 Copyright (c) 2025 Hamzah Fansuri, Edy Setyawan, Achmad Otong Busthomi, Nur Ali, Dede Al Mustaqim, Rahman Dahlan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3282 2026-01-16T10:23:34Z sasi:ART driver

Reformulation of Juvenile Court: The Perspective of Judicial Amnesty in Indonesia and The Netherlands Hapsari, Ifahda Pratama Nurjaya, I Nyoman Aprilianda, Nurini Istiqomah, Milda Reformulation; Judicial Forgiveness; Juvenile Criminal Justice. Introduction: This study examines the reformulation of the provisions of Article 70 of Law Number 11 of 2012 concerning Juvenile Criminal Justice through the perspective of the concept of judicial pardon in order to ensure the protection of children's fundamental rights.Purposes of the Research: The research focuses on an in-depth analysis of the concept of rechterlijk pardon as a legal instrument in handling cases of children in conflict with the law.Methods of the Research: The research was conducted using a normative juridical method through a comparative study of the legal systems of Indonesia and the Netherlands.Results of the Research: The research findings indicate that the application of judicial pardon as regulated in Article 70 contains substantial weaknesses, particularly related to the ambiguity of the parameters of "mildness of the act" and "personal circumstances of the child" which have the potential to cause disparities in judicial practice. Normative reconstruction of these provisions is a necessity in order to ensure legal certainty and optimize protection for children in conflict with the law. Faculty of Law, Universitas Pattimura 2025-11-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3282 10.47268/sasi.v31i4.3282 SASI; Volume 31 Issue 4, December 2025; 390-405 SASI; Volume 31 Issue 4, December 2025; 390-405 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3282/pdf Copyright (c) 2025 Ifahda Pratama Hapsari, I Nyoman Nurjaya, Nurini Aprilianda, Milda Istiqomah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3270 2026-01-16T10:23:34Z sasi:ART driver

Restorative Justice Arrangements in Civil Law, Common Law, and Indonesian Legal Systems Apituley, Lilian Gressthy Florencya Baroto, Wishnu Agung Soplantila, Valentino Dinatra Restorative Justice; Civil Law; Common Law; Indonesian Legal System. Introduction: This article will outline how the application of restorative justice in the civil law system, the common law system, and the Indonesian legal system compares.Purposes of the Research: This study aims to provide a comprehensive comparison of the regulation and implementation of restorative justice across three legal systems - civil law, common law, and Indonesia’s hybrid legal system - and to identify best practices and challenges that can inform the development of restorative justice in diverse legal contexts.Methods of the Research: The study uses a normative legal method, combining a legal concept approach to examine the philosophical and ethical foundations of restorative justice with a statutory approach to analyze formal legal mechanisms. This methodology links legal theory with practice while highlighting the integration of normative principles within Indonesia’s socio-cultural context, including Pancasila and customary law.Results of the Research: This study compares restorative justice implementation in civil law, common law, and Indonesia’s legal system. Civil law is rigid and procedural, while common law allows flexible mechanisms such as victim–offender mediation. In Indonesia, despite Supreme Court Rule Number 1 of 2024, challenges include limited understanding among law enforcement, inconsistent application, and insufficient institutional support. Strengthening implementation requires harmonized regulations, professional training, community-based mechanisms rooted in local wisdom and customary law, and public awareness. Indonesia’s model highlights a transformative approach that integrates restorative principles with national values of humanity, justice, and social harmony. Faculty of Law, Universitas Pattimura 2025-11-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3270 10.47268/sasi.v31i4.3270 SASI; Volume 31 Issue 4, December 2025; 374-389 SASI; Volume 31 Issue 4, December 2025; 374-389 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3270/pdf Copyright (c) 2025 Lilian Gressthy Florencya Apituley, Wishnu Agung Baroto, Valentino Dinatra Soplantila http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3394 2026-01-16T10:23:34Z sasi:ART driver

Legal Politics of Handling Children as Perpetrators of Criminal Acts: A Comparison of Indonesia and the Philippines from the Perspective of Customary Law and Children's Rights Raodiah, Raodiah Wardani, Dian Eka Kusuma Muhiddin, Nurmiati Tee-Anastacio, Princess Alyssa D. Legal Politics; Juvenile Offenders; Customary Law; Children's Rights. Introduction: The treatment of children as perpetrators of criminal acts has become a significant issue in the development of modern law, particularly with regard to the protection of children’s rights and the integration of local values. Indonesia and the Philippines, as countries with different legal traditions, present an important dynamic for study.Purposes of the Research: The purpose of this research is to analyze the differences in the legal politics of Indonesia and the Philippines in addressing juvenile offenders, focusing on the implementation of diversion in Indonesia and the juvenile justice system in the Philippines, while also examining the integration of customary or community-based mechanisms and the protection of children’s rights in both jurisdictions.Methods of the Research: This study employs normative legal research with comparative and conceptual approaches. Data were collected through literature review of statutory provisions, academic doctrines, scholarly literature, and relevant international instruments on children’s rights. The analysis was conducted qualitatively and descriptively to compare norms, practices, and the implications of legal politics in both countries.Results of the Research: The findings of this study demonstrate that the legal politics of both countries, through the integration of customary law and the protection of children’s rights, serve as a fundamental basis for the normative framework in addressing children as perpetrators of criminal acts. In Indonesia, customary law is implicitly integrated through the mechanism of diversion as regulated in Laws of the Juvenile Criminal Justice System. In contrast, in the Philippines, customary or community-based law is explicitly integrated by involving the barangay tanod in handling juvenile offenders during the diversion process under the Juvenile Justice and Welfare Act of 2006 (RA 9344). These findings contribute to advancing Indonesia’s legal policy toward a more humane, inclusive, and internationally aligned juvenile justice system. Faculty of Law, Universitas Pattimura 2025-10-25 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3394 10.47268/sasi.v31i4.3394 SASI; Volume 31 Issue 4, December 2025; 361-373 SASI; Volume 31 Issue 4, December 2025; 361-373 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3394/pdf Copyright (c) 2025 Raodiah Raodiah, Dian Eka Kusuma Wardani, Nurmiati Muhiddin, Princess Alyssa D. Tee-Anastacio http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3393 2026-01-16T10:23:34Z sasi:ART driver

Integration of Customary Law and the Theory of Legal Pluralism of the Parties to a Bank Credit Agreement Based on the Principle of Balance Meher, Montayana Abdunayimova, Dinara Credit Agreement; Customary Law; Legal Pluralism; Principle of Balance. Introduction: This article discusses the urgency of integrating customary law into banking credit agreements in Indonesia for all parties based on the principle of balance.Purposes of the Research: This study aims to analyze the integration of customary law and the theory of legal pluralism of the parties in bank credit agreements based on the principle of balance.Methods of the Research: This research is normative legal research with a conceptual and legislative approach.Results of the Research: The integration of customary law into banking credit agreements in Indonesia, based on Article 1339 of the Civil Code, which recognizes fairness, customs, and laws as binding elements of an agreement. Customary law, which emphasizes the principles of collectivity, trust, and deliberation, provides a strong social foundation and local legitimacy in credit agreements. The legal pluralism approach with the principle of balance serves as a key strategy to accommodate customary law values and mechanisms within formal banking practices, thereby reducing normative conflicts and enhancing protection and justice for indigenous communities with limited access to formal law. The integration of customary law into credit agreements not only strengthens the pluralistic national legal system but also creates agreements that are fair, proportionate, and respect local wisdom, while simultaneously increasing social legitimacy and practical solutions in resolving credit issues within indigenous communities. Faculty of Law, Universitas Pattimura 2025-10-25 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3393 10.47268/sasi.v31i4.3393 SASI; Volume 31 Issue 4, December 2025; 344-360 SASI; Volume 31 Issue 4, December 2025; 344-360 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3393/pdf Copyright (c) 2025 Montayana Meher, Dinara Abdunayimova http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2802 2026-01-16T10:23:34Z sasi:ART driver

Consumer Legal Protection in the Digital Era: Indonesia and The European Union Mau, Hedwig Adianto Consumer Protection; Digital Era; Legal Framework. Introduction: This study compares consumer protection laws in the digital era in Indonesia and the European Union (EU).Purposes of the Research: The study is grounded in consumer protection theory, focusing on the legal principles governing consumer rights, data privacy, and dispute resolution in digital transactions.Methods of the Research: A qualitative comparative approach was employed, analyzing primary legal texts such as Indonesia's Consumer Protection Law and the Personal Data Protection Law, the EU's General Data Protection Regulation (GDPR), and relevant consumer protection directives.Results of the Research: The analysis demonstrates a significant contrast between the two jurisdictions. The European Union has established a highly developed and harmonized legal framework—most notably through the GDPR—which ensures consistent protection of consumer data across its member states. By contrast, Indonesia’s legal framework, although supported by the Consumer Protection Law and the Personal Data Protection Law, remains fragmented and continues to encounter challenges in enforcement as well as inter-agency coordination. Whereas the EU adopts a preventive and rights-based regulatory approach designed to safeguard consumers proactively, Indonesia’s model tends to be more reactive, relying on sectoral regulations and post-violation enforcement mechanisms. These findings underscore the necessity for Indonesia to strengthen enforcement capacity, enhance regulatory harmonization, and adopt a more comprehensive approach capable of addressing the rapid expansion of digital commerce. Faculty of Law, Universitas Pattimura 2025-10-25 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2802 10.47268/sasi.v31i4.2802 SASI; Volume 31 Issue 4, December 2025; 326-343 SASI; Volume 31 Issue 4, December 2025; 326-343 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2802/pdf Copyright (c) 2025 Hedwig Adianto Mau http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3392 2026-01-16T10:23:34Z sasi:ART driver

Legal Pluralism in the Colonial Era: The Influence of Economic Globalization on the Elimination of Poenale Sanctie and Customary Law Azwar, Tengku Keizerina Devi Baxadirovna, Bazarova Dildora Legal Pluralism; Colonialism; Poenale Sanctie; Customary Law. Introduction: From the late nineteenth to the early twentieth century, the expansion of large-scale plantations driven by global capital created a dual legal order in which colonial law was positioned as the dominant system, while customary law became subordinated. The central issues explored are how economic globalization shaped the configuration of legal pluralism and what factors contributed to the abolition of the poenale sanctie within the colonial legal system.Purposes of the Research: The purpose of this research is to analyze the dynamics between colonial and customary law in the context of global economic change and to investigate the underlying causes of the abolition of the poenale sanctie.Methods of the Research: This is normative legal research employing a conceptual approach. Data were drawn from primary legal sources, including colonial regulations and official archives; secondary legal sources, such as academic literature; and tertiary supporting materials. The data were then analyzed using a qualitative-descriptive method.Results of the Research: The findings reveal that the abolition of the poenale sanctie was influenced by both international and internal factors. External pressures included global public opinion and the rise of ethical politics, while internal drivers involved labor resistance, humanitarian advocacy, economic efficiency considerations, and the evolution of modern criminal law. The novelty of this research lies in its analysis of the implications of the abolition of the poenale sanctie for the status of customary law in East Sumatra. The study demonstrates that despite reforms within the colonial legal system, customary law did not gain significant recognition but remained marginalized. Hence, this research contributes to the discourse on colonial legal pluralism by highlighting the tension between economic globalization, colonial governance, and the persistence of customary law. Faculty of Law, Universitas Pattimura 2025-10-25 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3392 10.47268/sasi.v31i4.3392 SASI; Volume 31 Issue 4, December 2025; 315-325 SASI; Volume 31 Issue 4, December 2025; 315-325 2614-2961 1693-0061 10.47268/sasi.v31i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3392/pdf Copyright (c) 2025 Tengku Keizerina Devi Azwar, Bazarova Dildora Baxadirovna http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3234 2025-10-05T01:20:38Z sasi:ART driver

The Gap in Utilizing Zakat as Tax Deduction: A Socio-Legal Review of Religiosity, Knowledge, and Law Awareness Prakoso, Dwi Hantoro Widiastuti, Arum Religiosity; Legal Knowledge; Legal Awareness; Zakat; Tax. Introduction: Taxpayers in Indonesia, particularly in Malang Regency, are subject to various tax obligations. Among these, the integration of zakat—an Islamic form of almsgiving—as a deductible item in tax calculations presents both opportunities and challenges. Although formal regulations permit zakat to be deducted from taxable income, the extent to which this facility is understood and effectively utilized by taxpayers remains unclear. The interplay of religiosity, legal knowledge, and awareness significantly influences taxpayer behavior concerning zakat deductions.Purposes of the Research: This research aims to analyze the religiosity, knowledge and legal awareness of taxpayers in Malang Regency in utilizing zakat facilities as a tax deduction, as well as exploring taxpayers' perceptions of the zakat policy as a tax deduction.Methods of the Research: The research method used is a socio-legal approach with qualitative analysis. Qualitative analysis was carried out to understand religious values, social context, and taxpayer perspectives in utilizing zakat facilities as a tax deduction.Results of the Research: The research results show that while taxpayers in Malang Regency consistently fulfill their zakat and tax obligations, their understanding of zakat as a tax deduction is limited. Most respondents recognize the importance of knowing tax laws, but many lack full comprehension of how to calculate taxes when deducting zakat. The research highlights the need to strengthen legal knowledge and awareness through tax law literacy programs. It recommends collaboration between the government, the Directorate General of Taxes, and universities to improve taxpayer understanding and compliance. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3234 10.47268/sasi.v31i3.3234 SASI; Volume 31 Issue 3, September 2025; 296-314 SASI; Volume 31 Issue 3, September 2025; 296-314 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3234/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3234/644 Copyright (c) 2025 Dwi Hantoro Prakoso, Arum Widiastuti http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3039 2025-10-05T01:20:37Z sasi:ART driver

Legal Certainty in International Franchising: A Comparative Study between Indonesia and Singapore Iman, Aini Nurul Asiah, Nur Lasabuda, Safa Nabila Ramadhani, Sri Indah Franchise Agreements; Cross-Country; Legal Certainty, Investment Law; Comparative Studies. Introduction: The rapid expansion of international franchises into Indonesia creates complex legal dynamics, especially when foreign entities from developed countries such as Singapore face protectionist regulations in developing countries. One of the central issues that reflects this tension is the policy of limiting the number of foreign franchise outlets to a maximum of 250 outlets. These policies create ambiguity in legal norms, threaten legal certainty, and create potential conflicts between domestic market protections and international commitments within the global trade framework.Purposes of the Research: This study aims to examine and analyze legal certainty in cross-border franchise agreements, focusing on the comparison of the legal system between Indonesia and Singapore.Methods of the Research: Normative juridical approaches and comparative methods are used to explore differences in legal structures, the principle of freedom of contract, and the role of the state in regulating franchise schemes in both jurisdictions.Results of the Research: This study found that Singapore, with its minimalist common law approach, provides a high degree of contractual flexibility for business actors. On the contrary, the Indonesian legal system tends to be interventionist but does not fully guarantee legal certainty due to ambiguity of norms and overlapping regulations. Therefore, this study recommends the importance of harmonization of cross-border regulations in supporting the legal certainty of international franchise agreements. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3039 10.47268/sasi.v31i3.3039 SASI; Volume 31 Issue 3, September 2025; 283-295 SASI; Volume 31 Issue 3, September 2025; 283-295 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3039/pdf Copyright (c) 2025 Aini Nurul Iman, Nur Asiah, Safa Nabila Lasabuda, Sri Indah Ramadhani http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3035 2025-10-06T01:39:07Z sasi:ART driver

Comparative Legal Study on Gender Equality and Female Leadership in Indonesian and Dutch Higher Education Suhartono, Rizki Mustika Mashendra, Mashendra Ribeiro, Leonito Suhartono, Mutia Aprilia Rachman, Sulyanti Gender Equality; Legal Framework; Higher Education; Female Leadership; Comparative Law. Introduction: This article explores the ongoing global issue of gender equality and female leadership in higher education. While many countries have adopted gender-inclusive policies, practical implementation remains inconsistent. Western countries such as the Netherlands demonstrate measurable progress, whereas Southeast Asian nations like Indonesia face persistent cultural and structural barriers. Prior studies tend to focus on sociological or institutional aspects, with limited comparative legal analysis.Purposes of the Research: The aim of this study is to explore and compare legal guarantees, national policies, and institutional practices that affect women's access to leadership positions in universities in Indonesia and the Netherlands, to identify legal barriers and propose normative strategies in support of more inclusive academic leadership.Methods of the Research: This research employs normative legal methods with a comparative law approach. It analyzes constitutional provisions, gender equality statutes, higher education regulations, and leadership policies from both countries, supported by literature review and document study.Results of the Research: The findings show that the Netherlands has established stronger legal enforcement for gender equality in academic leadership through comprehensive legal instruments and monitoring mechanisms. In contrast, Indonesia, despite recognizing gender equality in its legal framework, lacks effective implementation mechanisms. The novelty of this research lies in its comparative legal perspective and its recommendation to integrate normative legal approaches with contextual cultural values to promote inclusive governance in higher education. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3035 10.47268/sasi.v31i3.3035 SASI; Volume 31 Issue 3, September 2025; 272-282 SASI; Volume 31 Issue 3, September 2025; 272-282 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3035/pdf Copyright (c) 2025 Rizki Mustika Suhartono, Mashendra Mashendra, Leonito Ribeiro, Mutia Aprilia Suhartono, Sulyanti Rachman http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3021 2025-10-05T01:20:36Z sasi:ART driver

Policies for Combating Illegal Fishing Crimes in Indonesia: A Comparative Study Razak, Abdul Kamil Suhardini, Eni Dasuki Chalil, Sri Mulyati Durahman, Dani Policies; Countermeasures; Illegal Fishing. Introduction: Indonesia is an archipelago with an area of 5.8 million square kilometers of marine area and has a tremendous amount of fisheries wealth. However, fisheries in Indonesian seas are often the target of illegal fishing from foreign fishermen. To address this problem, the government has issued various very progressive policies. However, illegal fishing crimes still occur frequently.Purposes of the Research: This research aims to discuss the eradication of illegal fishing crimes in Indonesia from the perspective of Indonesian positive law and Islamic law. This research analyzes several illegal fishing cases that have been decided by the court by applying the ship confiscation penalty as a form of progressive punishment in combating illegal fishing.Methods of the Research: This study used a normative method with a comparative approach between Indonesian positive law and Islamic law.Results of the Research: The results showed that the government made a policy by setting up Task Force 115 based on Presidential Regulation Number 115/2015 on the Illegal Fishing Eradication Task Force, which is authorized to prevent and take legal action against illegal fishing criminals. The government issued Law Number 45/2009 on Fisheries jo. Law Number 11 of 2020 on Job Creation (Fisheries Cluster) by applying criminal penalties and administrative penalties. In addition, the government implemented a policy of destroying fishing equipment and foreign fishing boats by submerging them to the ocean. Regarding Islamic law, the policy of combating crime (jarimah) of illegal fishing is also mandated to the government or ruler in a country (ulil amri) because jarimah illegal fishing was classified as jarimah ta`zir. Similarly, the regulation for illegal fishing crimes in which the regulation of law enforcement mechanisms and the types of penalties to be applied are fully determined by the ruler or the state. Faculty of Law, Universitas Pattimura Universitas Langlangbuana 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3021 10.47268/sasi.v31i3.3021 SASI; Volume 31 Issue 3, September 2025; 259-271 SASI; Volume 31 Issue 3, September 2025; 259-271 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3021/pdf Copyright (c) 2025 Abdul Kamil Razak, Eni Dasuki Suhardini, Sri Mulyati Chalil, Dani Durahman http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3049 2025-10-05T01:20:38Z sasi:ART driver

Integration of Juridical and Sociological Approaches in Election Criminal Law Enforcement in Indonesia: Comparison Conseil Constitutionnel France Lisma, Lisma Satriadi, Satriadi Salam, Safrin Oluwaseyi, Fatunsin Conseil Constitutionnel; Election Crime; Integration Approach; Sociological Introduction: This study analyzes the comparison of election criminal law enforcement in Indonesia with the system implemented by the Conseil Constitutionnel in France.Purposes of the Research: Analyze and compare the electoral criminal law enforcement systems in Indonesia and France, highlighting similarities and differences in dispute resolution mechanisms. In addition, this research also focuses on revealing the strengths and weaknesses of each system through juridical and sociological approaches. In this way, it is hoped that insights and recommendations will be born that can strengthen the electoral legal system in Indonesia, especially in the aspects of coordination, transparency, and effectiveness of dispute resolution.Methods of the Research: Descriptive research with literature study and comparative analysis. The results of the study show that Indonesia's electoral system faces problems of coordination between institutions, such as Election Supervisory Board, Electoral Commission, and the courts, which leads to ineffectiveness and transparency in dispute resolution. In contrast, the Conseil Constitutionnel in France has a centralized authority that allows for faster and more efficient settlement of electoral disputes.Results of the Research: The need for reform in the Indonesian electoral legal system, including the establishment of an independent institution that has full authority to handle election disputes. In conclusion, to increase efficiency and transparency, Indonesia needs to adopt a more centralized system and strengthen coordination between relevant institutions, by integrating juridical and sociological approaches in the enforcement of election criminal laws. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3049 10.47268/sasi.v31i3.3049 SASI; Volume 31 Issue 3, September 2025; 246-258 SASI; Volume 31 Issue 3, September 2025; 246-258 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3049/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3049/600 https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3049/603 Copyright (c) 2025 Lisma Lisma, Satriadi Satriadi, Safrin Salam, Fatunsin Oluwaseyi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3010 2025-10-05T01:20:36Z sasi:ART driver

The Responsibility of Limited Liability Company Organs in Group Company (Holding) of State-Owned Enterprises Dahana, Thomas Nanda Santoso, Budi Prananingtyas, Paramita SOE Holding; Group Company; Responsibility. Introduction: This article examines the legal challenges in the absence of specific regulations governing group companies (holding) in Indonesia, especially within State-Owned Enterprises (SOEs). The core issue lies in determining the liability of the parent company for losses incurred by its subsidiaries due to unclear corporate accountability structures and control relationships in the SOE holding framework.Purposes of the Research: The purpose of this study is to analyze the legal framework that governs the relationship between a parent company and its subsidiaries in SOE holding structures, with particular attention to the responsibility of corporate organs in addressing subsidiary business risks.Methods of the Research: This study applies normative juridical research using a statutory and case-based approach. The analysis is based on secondary legal materials and is supported by comparative law methods from other jurisdictions to evaluate the application of doctrines such as piercing the corporate veil and business judgment rule.Results of the Research: The findings show that the doctrine of piercing the corporate veil may apply when the parent company’s actions result in harm to subsidiaries. However, corporate organs remain protected under the business judgment rule if acting in good faith. This study contributes by offering a legal framework for parent-subsidiary accountability in SOE holdings and comparing it with international practices. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3010 10.47268/sasi.v31i3.3010 SASI; Volume 31 Issue 3, September 2025; 231-245 SASI; Volume 31 Issue 3, September 2025; 231-245 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3010/pdf Copyright (c) 2025 Thomas Nanda Dahana, Budi Santoso, Paramita Prananingtyas http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3048 2025-10-05T01:20:37Z sasi:ART driver

Civil Litigation in Education Contract Disputes in Islamic Boarding Schools: A Comparative Perspective on Thailand's Bromsgrove International School Model Sari, Dewi Arnita Hasbullah, Hasbullah Saharudin, Saharudin Islahuddin, Islahuddin Education Contracts; Civil Litigation; Islamic Boarding School; Dispute Resolution Introduction: This study examines the effectiveness of civil litigation in resolving education contract disputes at the Watampone Blue Islamic Boarding School, South Sulawesi. As an educational institution based on Islamic values, Islamic boarding schools face legal challenges due to the lack of special regulations governing education contracts.Purposes of the Research: Evaluate the effectiveness of civil litigation in resolving education contract disputes at the Watampone Blue Islamic Boarding School. It aims to identify the causes of disputes, explore alternative resolution methods like mediation, and propose an updated framework for education contracts that integrates Sharia principles, legal protection, and clarity of rights and obligations in Islamic boarding schools.Methods of the Research: The research uses a qualitative approach with a case study method, through the analysis of contract documents and in-depth interviews with student guardians, pesantren managers, and legal practitioners.Results of the Research: Contract disputes in Islamic boarding schools stem from unequal bargaining, unclear clauses, and low legal awareness. While civil litigation is rarely used, mediation based on local wisdom is more common. The research calls for updating education contracts in these schools to integrate Sharia principles and ensure legal clarity and justice for all parties. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3048 10.47268/sasi.v31i3.3048 SASI; Volume 31 Issue 3, September 2025; 219-230 SASI; Volume 31 Issue 3, September 2025; 219-230 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3048/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3048/599 https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3048/602 Copyright (c) 2025 Dewi Arnita Sari, Hasbullah Hasbullah, Saharudin Saharudin, Islahuddin Islahuddin http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/3006 2025-10-05T01:20:36Z sasi:ART driver

Legal Protection of Gig Economy Workers: A Comparative Study in Indonesia, Malaysia, and Singapore Lesmana, Sri Jaya Samudra, Muhammad Mpu Gig Economy; Legal Protection; Legal Comparison. Introduction: With the rapid growth of the digital economy, gig workers, who are generally classified as independent contractors, often do not have adequate legal and social security protections compared to conventional workers.Purposes of the Research: This study presents a comparative analysis of legal protection for gig economy workers in three Southeast Asian countries, namely Indonesia, Malaysia, and Singapore. The study focuses on the regulatory framework applicable in each country, covering aspects of labor laws as well as various other regulations or policies related to workers' rights and social protection guarantees.Methods of the Research: Normative legal research methods are used to examine policies related to workers in the performing economy sector in Indonesia, Malaysia, and Singapore. This approach is used to compare the legal protection provided to these workers in the three countries, by referring to the provisions of the applicable laws and regulations in each country.Results of the Research: The results show that despite differences in regulatory approaches, the three countries still face significant challenges in creating adequate social safety nets. The researcher recommends that harmonization and innovation in labor policies need to be carried out to achieve a balance between work flexibility and the protection of workers' rights. In addition, the development of more inclusive and sustainable regulations in the digital era should also be carried out. Faculty of Law, Universitas Pattimura 2025-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3006 10.47268/sasi.v31i3.3006 SASI; Volume 31 Issue 3, September 2025; 201-218 SASI; Volume 31 Issue 3, September 2025; 201-218 2614-2961 1693-0061 10.47268/sasi.v31i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/3006/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/3006/596 Copyright (c) 2025 Sri Jaya Lesmana, Muhammad Mpu Samudra http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2984 2026-02-10T03:39:25Z sasi:ART driver

Corporate Social Responsibility Legal Framework in Southeast Asia: Comparing Indonesia, Malaysia, and Thailand Anggusti, Martono Dewi Siregar, Fitri Yanni Chansrakaeo, Ruetaitip Comparative Law; Corporate Social Responsibility; Southeast Asia. Introduction: Corporate Social Responsibility (CSR) has evolved over time, reflecting changes in corporate thinking and practices regarding their relationships with society and the environment.Purposes of the Research: This research aims to analyze the regulation and implementation of CSR in Indonesia to compare it with CSR regulations in other Southeast Asian countries, namely Malaysia and Thailand.Methods of the Research: This research is a normative legal study that emphasizes a conceptual and legislative approach.Results of the Research: The development of the concept of CSR began in the 18th century by Robert Owen, who provided facilities for employees. CSR rapidly evolved in the 20th century, with large companies in the US establishing social departments. Milton Friedman's thinking about profit as the primary goal of business and John Elkington's concept of the "triple bottom line" also influenced the development of CSR. CSR functions as the moral responsibility of companies towards society and the environment, implemented through transparency, ethics, and responsible business decisions. In Indonesia, CSR has been regulated by law since 2007, with the aim of improving the quality of life and supporting sustainable development. A comparison of CSR regulations in Indonesia, Malaysia, and Thailand shows that although their goals are similar, namely to encourage corporate contributions to social and environmental development, their approaches differ. Indonesia implements strict legal obligations, Malaysia combines voluntary elements with supportive regulations, while Thailand prioritizes a cultural and voluntary approach with government recognition. Thailand is recognized as the best example in the implementation of CSR in ASEAN, with a higher quality of implementation compared to other countries. Faculty of Law, Universitas Pattimura 2025-07-20 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2984 10.47268/sasi.v31i2.2984 SASI; Volume 31 Issue 2, June 2025; 188-200 SASI; Volume 31 Issue 2, June 2025; 188-200 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2984/pdf Copyright (c) 2025 Martono Anggusti, Fitri Yanni Dewi Siregar, Ruetaitip Chansrakaeo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2977 2025-10-05T01:07:18Z sasi:ART driver

Electoral Law Reform in the Perspective of Responsive Justice: Comparative Law Between Indonesia, India, and Thailand Sudarmanto, Kukuh Pranoto, Edi Jain, Vaibhav Responsive Justice; Election; Legal Comparison. Introduction: Elections are a vital democratic mechanism in channeling people's voices, electing leaders, and determining policies, with the principles of transparency, fairness, and effective oversight. Although there are still challenges in citizen participation, elections play a crucial role in peaceful transitions of power and socio-political stability.Purposes of the Research: This study aims to analyze efforts to reform electoral law from a responsive justice perspective by comparing laws between Indonesia, India, and Thailand.Methods of the Research: This research is a normative legal research with a conceptual, legislative, and comparative approach.Results of the Research: Election law reform, which includes the implementation of the principles of direct, free, and fair, is needed to create a more democratic system that is responsive to social needs. In Indonesia, India, and Thailand, election law reform focuses on improving the quality of democracy, justice, and voter participation through system changes and revisions to laws. The role of the Constitutional Court and the Supreme Court in each country is very important in ensuring more transparent and fair elections, and reflecting the will of the people. Faculty of Law, Universitas Pattimura 2025-07-20 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2977 10.47268/sasi.v31i2.2977 SASI; Volume 31 Issue 2, June 2025; 172-187 SASI; Volume 31 Issue 2, June 2025; 172-187 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2977/pdf Copyright (c) 2025 Kukuh Sudarmanto, Edi Pranoto, Vaibhav Jain http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2939 2025-10-05T01:07:18Z sasi:ART driver

Legal Aspects of the Capital Market Position and Benefits in Indonesia: A Comparative Study Suhardini, Eni Dasuki Suharno, Rachmat Owen, Reynald Sandi Legal Aspects; Positions; Benefits; Capital Market. Introduction: Capital markets play a crucial role in the economic growth of many countries, including Indonesia and Malaysia. Capital markets raise funds and serve as investment instruments. Through various instruments, such as stocks, bonds, and mutual funds, investors need information to obtain a clear portfolio that makes them confident in investing their funds in Indonesia or Malaysia.Purposes of the Research: This study aimed to analyze the legal positions and benefits of capital markets in Indonesia and Malaysia.Methods of the Research: This study was legalistic, doctrinal, or normative, using a comparative law approach to compare the legal position and benefits of the capital market in Indonesia with Malaysia.Results of the Research: Capital markets are crucial in Indonesia's and Malaysia's economies. To protect market players, Indonesia issued Law Number 8 of 1995 on the Capital Market and related instruments, such as Law Number 4 of 2023 on Financial Sector Development and Strengthening and Law Number 21 of 2011 on the Financial Services Authority (OJK). Similarly, Malaysia issued the Capital Markets and Services Act of 2007 to provide legal certainty and increase investor confidence. The capital market significantly impacts economic growth in both countries, serving as a crucial component of the economic ecosystem by providing investment opportunities through corporate actions, such as initial public offerings, secondary share issuances, and bond offerings. Faculty of Law, Universitas Pattimura Universitas Langlangbuana 2025-07-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2939 10.47268/sasi.v31i2.2939 SASI; Volume 31 Issue 2, June 2025; 159-171 SASI; Volume 31 Issue 2, June 2025; 159-171 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2939/pdf Copyright (c) 2025 Eni Dasuki Suhardini, Rachmat Suharno, Reynald Sandi Owen http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2932 2025-10-05T01:07:18Z sasi:ART driver

Comparison of the Implementation of Good Faith in Indonesia, China, and Japan: Building Legal Harmonization Miarsa, Fajar Rachmad Dwi Zamroni, M. Yoshida, Kunihiko Good Faith; Contract Law; Comparative Law; Legal Systems. Introduction: The principle of good faith in contract law serves as a guiding principle for fairness, predictability, and trust in legal transactions. This principle, while universally recognized, finds varying interpretations and applications across different legal systems, reflecting the influence of their unique legal traditions, historical contexts, and legal cultures.Purposes of the Research: The principle of good faith in contract law serves as a guiding principle for fairness, predictability, and trust in legal transactions. This principle, while universally recognized, finds varying interpretations and applications across different legal systems, reflecting the influence of their unique legal traditions, historical contexts, and legal cultures.Methods of the Research: The research utilizes a multifaceted comparative legal research methodology. It combines doctrinal analysis of relevant legal provisions and case studies to illuminate the practical application of good faith in contract law. This approach goes beyond a mere textual analysis of legal provisions, providing a nuanced understanding of how good faith operates in practice within each jurisdiction.Results of the Research: The analysis reveals significant variations in the application of the good faith principle across jurisdictions, reflecting the influence of different legal traditions, historical contexts, and legal cultures. The research will highlight specific examples of how good faith is interpreted and applied in each jurisdiction, highlighting its impact on contract formation, performance, and termination. Faculty of Law, Universitas Pattimura 2025-07-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2932 10.47268/sasi.v31i2.2932 SASI; Volume 31 Issue 2, June 2025; 142-158 SASI; Volume 31 Issue 2, June 2025; 142-158 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2932/pdf Copyright (c) 2025 Fajar Rachmad Dwi Miarsa, M. Zamroni, Kunihiko Yoshida http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2929 2025-10-05T01:07:18Z sasi:ART driver

The Law of Gender Justice in Digital Inheritance Distribution: A Fiqh Perspective on Crypto Assets and Non-Fungible Tokens in Dubai Khotimah, Umi Khusnul The Law of Gender Justice; Digital Inheritance; Islamic Fiqh; Cryptocurrency; NFTs. Introduction: The rapid development of digital technology has introduced new challenges in the practice of inheritance distribution, particularly concerning digital assets such as cryptocurrency and NFTs.Purposes of the Research: This study aims to explore gender justice in the distribution of digital inheritance, focusing on the Islamic fiqh perspective toward cryptocurrency and NFTs assets in Dubai.Methods of the Research: Using a qualitative approach, the research analyzes fiqh texts, existing regulations, and real-life cases related to digital inheritance. Data were collected through document analysis, case studies, and expert interviews involving Islamic scholars and digital asset practitioners in Dubai.Results of the Research: The findings reveal that digital inheritance, characterized by unique properties such as anonymity and the need for secure access, presents significant challenges in ensuring fair distribution, especially for women. The study highlights cultural and technological barriers that limit women’s access to digital inheritance, despite their growing economic contributions. The novelty of this research lies in proposing a contemporary fiqh framework that integrates traditional Islamic principles with modern technological solutions such as blockchain, aiming to ensure transparency and fairness in inheritance distribution. By addressing the gender gap in digital inheritance, this research contributes to the development of equitable and practical fiqh guidelines for Muslim communities in the digital era. Faculty of Law, Universitas Pattimura 2025-07-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2929 10.47268/sasi.v31i2.2929 SASI; Volume 31 Issue 2, June 2025; 130-141 SASI; Volume 31 Issue 2, June 2025; 130-141 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2929/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2929/569 Copyright (c) 2025 Umi Khusnul Khotimah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2865 2025-10-05T01:07:18Z sasi:ART driver

E-Commerce Dispute Resolution Through Online Dispute Resolution Dg. Takenang, Jusman Akib, Ma'ruf Sudirman, Sudirman Umar, Wahyudi Alfurqon, Fe Fikran E-Commerce; Dispute Resolution; Online Dispute Resolution. Introduction: The rapid growth of the e-commerce industry has brought significant economic benefits. Still, it also raises challenges regarding dispute resolution that is efficient, fair and meets the needs of all parties.Purposes of the Research: This study aims to examine and analyze the use of Dispute Resolution in E-commerce (Electronic Commerce) through the Online Dispute Resolution (ODR) mechanism as a solution to provide easier and faster access to justice in the context of online business transactions.Methods of the Research This study uses doctrinal legal research with a statute and conceptual approach. It uses primary legal materials that are authoritative and binding, such as laws and regulations, and secondary legal materials. This study uses legal interpretation techniques as analysis techniques.Results of the Research: The results of this study are expected to provide deeper insight into the potential of ODR in handling e-commerce disputes and its impact on access to justice for all parties involved. This research can also provide recommendations to the government, the e-commerce industry, and other relevant institutions to consider and develop a better framework for integrating ODR in e-commerce dispute resolution to ensure fairness and satisfaction of online businesses. Faculty of Law, Universitas Pattimura 2025-07-01 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2865 10.47268/sasi.v31i2.2865 SASI; Volume 31 Issue 2, June 2025; 117-129 SASI; Volume 31 Issue 2, June 2025; 117-129 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2865/pdf Copyright (c) 2025 Jusman Dg. Takenang, Ma'ruf Akib, Sudirman Sudirman, Wahyudi Umar, Fe Fikran Alfurqon http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2315 2025-10-05T01:07:18Z sasi:ART driver

Socio-Legal Review of The Implementation of Identification and Inventory of Communal Intellectual Property for Tourism Development Atsar, Abdul Surya, Ida Nugraha, Lalu Guna Jha, Saroj Legal Effectiveness; Communal Intellectual Property; Tourism. Introduction: Communal Intellectual Property can be used to support the development of Intellectual Property-based Tourism.Purposes of the Research: The purpose of this study is to examine the effectiveness of the law in implementing the Identification and Inventory of Communal Intellectual Property as a form of preventive legal protection for Communal Intellectual Property (IPR) and government efforts in implementing the Identification and Inventory of Communal Intellectual Property to support Intellectual Property-based Tourism Development.Methods of the Research: The research method used in this study is a socio-legal approach. The data analysis technique used is a qualitative descriptive analysis technique.Results of the Research: The implementation of the Identification and Inventory of Communal Intellectual Property in Central Lombok Regency has not been effective. This is because the identification and inventory of Communal Intellectual Property (CIP) has not been implemented in an orderly manner by the local government/community so that legal certainty and justice are achieved for CIP owners/Communal communities. The Government Regulation has not been complied with and enforced. There is a discrepancy between the rules and their implementation. In addition, the level of community compliance, Law enforcement by law enforcement officers also has a major influence on the effectiveness of the law. Government efforts to overcome the ineffective implementation of Identification and Inventory, include making Regional Regulations that require each Village to identify and inventory Communal Intellectual Property, establishing Partnerships and Cooperation with third parties or managers in utilizing Communal Intellectual Property for the development of Intellectual Property-based tourism, Regional Governments must encourage investors to invest their capital in building Infrastructure and Facilities for Tourism Destinations based on Intellectual Property, Utilizing Technology and Digital Marketing for the development of Intellectual Property-based Tourism, and Regional Governments must focus and pay special attention to the Intellectual Property-based tourism industry. Faculty of Law, Universitas Pattimura 2025-06-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2315 10.47268/sasi.v31i2.2315 SASI; Volume 31 Issue 2, June 2025; 107-116 SASI; Volume 31 Issue 2, June 2025; 107-116 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2315/pdf Copyright (c) 2025 Abdul Atsar, Ida Surya, Lalu Guna Nugraha, Saroj Jha http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2244 2025-10-05T01:07:18Z sasi:ART driver

The Influence of Fintech on the National Security System: Law, Economic Potential and Digital Defense Strategy Djoyonegoro, Ngasiman Harisudin, Muhammad Noor Hariyanto, Hariyanto Digital Defense Strategies; Fintech; National Security System. Introduction: Fintech has emerged as a transformative force in the financial sector, bringing significant changes encompassing economic potential and challenges to national security strategies.Purposes of the Research: This research wants to explore the efforts that have been made by countries in dealing with the impact of Fintech on security.Methods of the Research: This research uses a qualitative method with a descriptive analysis approach. This research focuses on qualitative methods and is researched to see the extent of the challenges posed by fintech to the country's resilience systemResults of the Research: The increasing adoption of Fintech also presents challenges to national security digital defense strategies. Threats to data security, cyberattacks, and misuse of financial technology can jeopardize national financial infrastructure, threaten the stability of the financial system, and pose risks to national security. Thus, concerted efforts from governments, financial institutions, and Fintech companies are required to enhance digital defense. Governments need to implement stringent regulations to safeguard Fintech user data and privacy and closely supervise Fintech operations to mitigate the risks of financial technology misuse. Collaboration between governments, financial institutions, and Fintech companies in sharing security intelligence is essential to tackle increasingly complex and organized threats. Additionally, investing in advanced security technology, raising user awareness about security, and strengthening oversight of critical infrastructure are crucial steps in digital defense strategies. Fintech has exerted significant influence on national security, offering vast economic potential while presenting intricate challenges to digital defense strategies. Acknowledging both the potential and challenges, governments and stakeholders must collaborate to create a secure, reliable, and sustainable Fintech ecosystem that fosters economic progress and bolsters overall national security. Faculty of Law, Universitas Pattimura 2025-06-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2244 10.47268/sasi.v31i2.2244 SASI; Volume 31 Issue 2, June 2025; 95-106 SASI; Volume 31 Issue 2, June 2025; 95-106 2614-2961 1693-0061 10.47268/sasi.v31i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2244/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2244/408 Copyright (c) 2025 Ngasiman Djoyonegoro, Muhammad Noor Harisudin, Hariyanto Hariyanto http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2817 2025-05-13T06:33:22Z sasi:ART driver

Influence Law International to Policy National Law in Developing Countries in Right Basic Man Sunarto, Atika Rumapea, Mazmur Septian Adnan, Muhammad Ali Khair, Azizan Law International; Policy National Law; Rights Basic Man Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems.Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights.Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries.Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards. Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2817 10.47268/sasi.v31i1.2817 SASI; Volume 31 Issue 1, March 2025; 82-94 SASI; Volume 31 Issue 1, March 2025; 82-94 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2817/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2817/527 https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2817/528 Copyright (c) 2025 Atika Sunarto, Mazmur Septian Rumapea, Muhammad Ali Adnan, Azizan Khair http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2274 2025-05-13T06:33:22Z sasi:ART driver

Ethics In Business Law: A Paternalistic Legal Philosophy Approach From John Stuart Mill Suputra, I Dewa Gde Ery Kurniawan, I Gede Agus Gorda, Anak Agung Ayu Ngurah Sri Rahayu Paternalistic; Harm Principle; Regulation; Consumer; Environment. Introduction: In the modern business world, John Stuart Mill's paternalistic legal philosophy, especially the "harm" principle, is very relevant to balance market freedom and protection of public interests, such as consumers, workers, and the environment, through regulations aimed at reducing the negative impacts of business activities.Purposes of the Research: The purpose of this study is to analyze the application of John Stuart Mill's paternalistic principles in business law and to evaluate the relevance of Mill's legal philosophy to modern business regulation.Methods of the Research: This study uses normative legal methods to analyze the application of John Stuart Mill's paternalistic principles in business law, with conceptual, legislative, and case approaches, and utilizing primary, secondary, and tertiary legal materials analyzed qualitatively and deductively.Results Main Findings of the Research: John Stuart Mill’s paternalistic principles, particularly the harm principle, are highly relevant in modern business regulation as they balance market freedom with protection of the public interest, as seen in consumer protection, employment, corporate social responsibility (CSR), and environmental regulations, which aim to protect consumers, workers, and ecosystems. Despite challenges such as resistance from business actors, the application of this principle remains essential to ensure that freedom in business does not harm society and the environment, and supports sustainability and public welfare. Faculty of Law, Universitas Pattimura 2025-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2274 10.47268/sasi.v31i1.2274 SASI; Volume 31 Issue 1, March 2025; 70-81 SASI; Volume 31 Issue 1, March 2025; 70-81 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2274/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2274/525 Copyright (c) 2025 I Dewa Gde Ery Suputra, I Gede Agus Kurniawan, Anak Agung Ayu Ngurah Sri Rahayu Gorda http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2683 2025-05-13T06:33:22Z sasi:ART driver

Comparison of Agreement Law in Indonesia and Malaysia: Phenomenon of Standard Agreement Practices Manurung, Shenti Agustini Irawati, Jovita Sudirman, Lu Agustianto, Agustianto Farahdina, Farahdina Legal Comparison; Agreement; Indonesia and Malaysia. Introduction: Indonesia and Malaysia are countries with fairly good economic levels in the ASEAN. Economic growth in the business world also has an influence on contract law because the phenomenon that occurs is the use of standard agreement models in the business world to make business processes more effective and efficient.Purposes of the Research: The aim of this research is to analyze the differences in contract law in Indonesia and Malaysia, also describe the phenomenon of standard agreement practices that occur in Indonesia and Malaysia, and analyze the validity of standard agreements that apply in Indonesia and Malaysia.Methods of the Research: The research method used is normative juridical. The type of study used is through literature study. The type of data used is secondary data consisting of primary legal materials, namely the Civil Code, the Malaysian Contracts Act 1950, the 1957 Sale of Goods Deed.Results Main Findings of the Research: The research results show that Indonesia and Malaysia are countries that have implemented standard agreement. These two countries also have a legal basis that allows standard agreements to come into force on the condition that there must be clauses that emphasize the rights and obligations of the parties to achieve justice. Faculty of Law, Universitas Pattimura Faculty of Law Universitas Internasional Batam, Faculty of Law Universitas Pelita Harapan, Faculty of Management, Universiti Teknologi Malaysia, Malaysia 2025-03-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2683 10.47268/sasi.v31i1.2683 SASI; Volume 31 Issue 1, March 2025; 60-69 SASI; Volume 31 Issue 1, March 2025; 60-69 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2683/pdf Copyright (c) 2025 Shenti Agustini Manurung, Jovita Irawati, Lu Sudirman, Agustianto, Farahdina http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2448 2025-05-17T02:44:37Z sasi:ART driver

The Application of Restorative Justice in Domestic and Child Violence Cases in Indonesia and Finland Hamamah, Fatin Sukardi, Didi Kulkarni, Shirin Restorative justice; domestic violence; child abuse; restorative justice; justice system Introduction: Restorative justice (RJ) is an alternative approach to criminal justice that focuses on victim recovery, offender rehabilitation and community reintegration. In the context of domestic and child violence, this approach offers the potential for more inclusive and sustainable solutions than traditional retributive approaches. However, there is debate about the effectiveness of RJ in cases of violence that have profound psychological and physical impacts on victims. The issue is whether RJ can provide adequate justice without compromising legal protections for victims. This research offers novelty by examining the application of RJ in cases of domestic and child violence in Indonesia and Fnland, where RJ laws and policies are still developing.Purposes of the Research:  The purpose of the study was to identify the challenges and opportunities for the application of RJ in such cases and evaluate the extent to which this approach is able to create restorative justice for victims and perpetrators in Indonesia and Finland.Methods of the Research: The research used qualitative methods with case studies of several domestic and child violence cases resolved through RJ in different regions.Results / Main Findings / Novelty/Originality of the Research: Findings suggest that RJ can be effective in facilitating victim recovery, but its implementation requires strong support structures, including professional counsellors and clear legal protections in Indonesia and Finland. The conclusions of this study confirm that RJ has great potential in resolving domestic violence cases, but its implementation must be done carefully to ensure justice and protection for victims. Consequently, this research encourages policymakers to design a more comprehensive and inclusive RJ framework for domestic violence. Faculty of Law, Universitas Pattimura 2025-03-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2448 10.47268/sasi.v31i1.2448 SASI; Volume 31 Issue 1, March 2025; 44-59 SASI; Volume 31 Issue 1, March 2025; 44-59 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2448/pdf Copyright (c) 2025 Fatin Hamamah, Didi Sukardi, Shirin Kulkarni http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2415 2025-05-13T06:33:22Z sasi:ART driver

Protection of Public Services Personal Data in The Delivery of Public Services: Comparative Study in Indonesia and Malaysia Tan, Winsherly Karo Karo, Rizky Pratama Putra Situmeang, Ampuan Rusdiana, Shelvi Razak, Siti Suraya Abd Public Service; Data Protection; Personal Data Protection Act 2010; Privacy. Introduction: Public service is essential in serving and engaging with the community. It is fundamental for building strong, resilient communities and ensuring a functioning democracy. However, the exposure of personal data in public service is worrying, as data breaches have affected the public's privacy.Purposes of the Research: This study examines the extent to which personal data is protected in the provision of public services in Indonesia and Malaysia. It also investigates how the Indonesian government can learn from Malaysia to improve its data protection in public services.Methods of the Research: This study employed a normative juridical approach. Secondary data was used in this study: the 1945 Constitution, Law Number 25 of 2009 concerning Public Services, Presidential Instruction Number 3 of 2003 concerning National Policy, Strategy for E-Government Development, and the Malaysian Personal Data Protection Act 2010.Results Main Findings of the Research: This study shows many data protection breaches in Indonesia. Additionally, no existing law protects personal data in Indonesia. It is recommended that Indonesia establish a law to protect the personal data of its citizens. Malaysia’s Personal Data Protection Act 2010 can be modelled to establish the law. Faculty of Law, Universitas Pattimura Faculty of Law Universitas Internasional Batam, Faculty of Law Universitas Pelita Harapan, Faculty of Management, Universiti Teknologi Malaysia, Malaysia 2025-03-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2415 10.47268/sasi.v31i1.2415 SASI; Volume 31 Issue 1, March 2025; 33-43 SASI; Volume 31 Issue 1, March 2025; 33-43 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2415/pdf Copyright (c) 2025 Winsherly Tan, Rizky Pratama Putra Karo Karo, Ampuan Situmeang, Shelvi Rusdiana, Siti Suraya Abd Razak http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2261 2025-05-13T06:33:22Z sasi:ART driver

Comparison of Indonesian Private Lecturer Wage Systems With The Netherlands From Jhon Rawls' Legal Perspective Abas, Muhammad Justice; Wages; Lecturer. Introduction: Higher education plays an important role in the development of a country, with lecturers as one of its main pillars. The quality of higher education is highly dependent on the performance and dedication of lecturers, which in turn is influenced by the wage system applied.Purposes of the Research: To evaluate the suitability of private lecturer wage systems in Indonesia and the Netherlands with John Rawls' concept of justice. To analyze various components of the wage system, including the structure of basic salary and allowances, a salary increase system based on achievement and length of service, and career development opportunities available to lecturers.Methods of the Research: Qualitative method with a descriptive-comparative approach to provide an in-depth picture and compare them within the framework of John Rawls' theory of justice. The research data sources include primary data obtained through in-depth interviews with relevant officials at the Ministry of Education, representatives of private university associations, and private lecturers in both countries, as well as secondary data from policy documents, laws and regulations, statistical reports, and academic literature.Results Main Findings of the Research: The Netherlands system is also supported by more comprehensive social security and effective negotiation, so that the wage gap between institutions is smaller. Indonesia still needs to make significant improvements in the implementation of regulations, wage standardization, and increasing social protection to achieve a level of fairness and welfare equivalent to the Dutch system. These differences reflect not only variations in university policies, but also the broader economic and social context in both countries. Faculty of Law, Universitas Pattimura 2025-03-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2261 10.47268/sasi.v31i1.2261 SASI; Volume 31 Issue 1, March 2025; 16-32 SASI; Volume 31 Issue 1, March 2025; 16-32 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2261/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2261/409 Copyright (c) 2025 Muhamad Abas http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2068 2025-05-13T06:33:22Z sasi:ART driver

Basis of Data Protection Officer Appointment: Comparative Study of Indonesia and European Union Regulation Putra, Tegar Islami Fibrianti, Nurul Fakhrullah, Mohammad Raziq Basis; Data Protection; Officer Appointment. Introduction: The utilization of information technology makes it very easy for a person's Personal Data to be collected and transferred from one party to another without the knowledge of the Personal Data Subject. Personal data controller As a form and effort of protection, it is mandatory to appoint a Data Protection Officer and carry out functions and duties in accordance with the law. To be able to fulfill these functions and duties, it is important to determine the Basis of Data Protection Officer Appointment.Purposes of the Research: The research aims to explain and analyze the comparison of Basis of Data Protection Officer Appointment between Indonesia and Europe Union.Methods of the Research: The research method used in this study is the normative juridical research method with qualitative approach that identifying issues through in-depth analysis of relevant legal regulations concerning the concept of Data Protection Officer Appointment and also employs a comparative study.Results Main Findings of the Research: This study found that the Basis of Data Protection Officer Appointment in Indonesia and the European Union have similar and different aspects of professionalism and ability to fulfill duties. Meanwhile, there are differences in terms of personal data protection practices, where the Indonesian regulation separates knowledge of the law, the practice of Personal Data Protection as the basis for the appointment of data protection officers. Whereas the rules in the European Union combine them so that they have a basis for expert knowledge of data protection law. Faculty of Law, Universitas Pattimura 2025-03-29 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2068 10.47268/sasi.v31i1.2068 SASI; Volume 31 Issue 1, March 2025; 1-15 SASI; Volume 31 Issue 1, March 2025; 1-15 2614-2961 1693-0061 10.47268/sasi.v31i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2068/pdf Copyright (c) 2025 Tegar Islami Putra, Nurul Fibrianti, Mohammad Raziq Fakhrullah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2386 2025-05-13T06:33:06Z sasi:ART driver

The Comparison of Indonesian and American Consumer Protection Laws: What and How? Wibowo, Dwi Edi Consumer Protection; Indonesia; United States; Comparative Law; Implementation. Introduction: In this rapidly developing era of globalization, consumer protection has become an important global issue, with consumers having the right to receive adequate protection from the government and relevant legal institutions in various aspects such as product safety, service quality, and fair transactions.Purposes of the Research: This research aims to analyze the comparison of consumer protection legal substances between Indonesia and the United States, as well as to identify the differences and similarities in the implementation of consumer protection laws in both countries.Methods of the Research: This research employs normative legal research methods with a conceptual approach, analyzing primary, secondary, and tertiary legal materials through literature review, and applies descriptive-qualitative analysis to compare the substance and implementation of consumer protection laws in Indonesia and the United States.Results of the Research: Research findings show that consumer protection laws in Indonesia and the United States have significant differences that reflect each country's legal system. Indonesia relies on the Consumer Protection Act with a focus on basic consumer rights and non-litigation dispute resolution, while the US combines common law with federal and state laws, providing broader protection including data privacy and product safety. The implementation of laws in both countries also differs, with Indonesia prioritizing non-litigation mediation through BPSK (Consumer Dispute Settlement Body), while the US has a strong litigation system including class action mechanisms. Nevertheless, both countries face similar challenges in the digital era and equally emphasize the role of supervisory institutions to ensure effective law implementation. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2386 10.47268/sasi.v30i4.2386 SASI; Volume 30 Issue 4, December 2024; 442-454 SASI; Volume 30 Issue 4, December 2024; 442-454 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2386/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2386/434 Copyright (c) 2024 Dwi Edi Wibowo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2330 2025-05-13T06:33:06Z sasi:ART driver

Safeguarding Fishermen's Livelihoods: A Human Rights Approach Against Coastal Reclamation Palilingan, Toar Neman Pinori, Josepus Julie Lengkong, Natalia Lana Yunus, Ahsan Setiabudhi, Donna Okthalia Coastal Reclamation; Human Rights; Fishermen; Legal Protection. Introduction: Coastal reclamation has become a controversial issue with significant impacts on the lives of local fishermen. Reclamation activities aimed at regional and economic development often neglect the rights of traditional fishermen who depend on the sea for their livelihoods, leading to conflicts between development interests and the protection of human rights, particularly the rights of local fishermen.Purposes of the Research: This study aims to analyze the legal protection of fishermen in the context of reclamation in North Sulawesi, focusing on a human rights perspective.Methods of the Research: The research employs a normative juridical approach, examining relevant legislation related to reclamation and fishermen's rights, as well as analyzing the implementation of laws in practice.Results of the Research: The findings reveal that reclamation in North Sulawesi presents two conflicting sides. On one hand, it offers significant economic benefits to the state, but on the other hand, it poses a risk of human rights violations, particularly for coastal fishermen. The negative impacts of reclamation are evident in the decline in fishermen's income and the increase in living costs since the project was implemented. Legal protection of fishermen's human rights must be enforced through strict sanctions, including substantial fines, against parties who fail to fulfill their obligations to the fishermen. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2330 10.47268/sasi.v30i4.2330 SASI; Volume 30 Issue 4, December 2024; 429-441 SASI; Volume 30 Issue 4, December 2024; 429-441 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2330/pdf Copyright (c) 2024 Toar Neman Palilingan, Josepus Julie Pinori, Natalia Lana Lengkong, Ahsan Yunus, Donna Okthalia Setiabudhi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2322 2025-05-13T06:33:06Z sasi:ART driver

Comparison of Kerta Desa Bali and Malaysian Indigenous Court Karwiyah, Karwiyah Judiasih, Sonny Dewi Kusmayanti, Hazar Court; Indigenous; Indonesia; Kerta Desa; Malaysia. Introduction: Customary courts are institutions of dispute resolution that are alive and well in customary societies. Indonesia, which is not much different from Malaysia, has a similar culture and has customary courts. Kerta desa Bali is one of Indonesia's customary courts at the village level and in Malaysia there are indigenous court.Purposes of the Research: This research paper will discuss the comparison of kerta desa Bali courts and Malaysian indigenous court.Methods of the Research: This research uses a normative juridical approach. The research specification is descriptive analytical, namely by describing and comparing of kerta desa Bali and Malaysian indigenous court which are associated with regulations, legal theories, and community customs. The research stages use primary, secondary, and tertiary legal materials with data collection methods carried out through literature studies.Results of the Research: Kerta desa Bali sought to resolve disputes through deliberation and peace, although customary courts were not included in the judicial system, but did not absolutely reject dispute resolution mechanisms through customary courts. Meanwhile, Malaysia emphasizes that there are three judicial systems, namely district courts, sharia courts, and indigenous courts in Sabah and Sarawak, which have structures and according to the customs of the indigenous population. Faculty of Law, Universitas Pattimura Universitas Padjadjaran 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2322 10.47268/sasi.v30i4.2322 SASI; Volume 30 Issue 4, December 2024; 416-428 SASI; Volume 30 Issue 4, December 2024; 416-428 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2322/pdf Copyright (c) 2024 Karwiyah, Sonny Dewi Judiasih, Hazar Kusmayanti http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2312 2025-05-13T06:33:06Z sasi:ART driver

Sharia Economic Law Regulation In Indonesia And Malaysia: Implementation And Challenges Khotimah, Umi Khusnul Sharia Economic Law; Regulatory Framework; Islamic Finance; Indonesia; Malaysia. Introduction: This article explores the implementation and regulatory challenges of Sharia economic law in Indonesia and Malaysia, two key players in Islamic finance. Both countries have integrated Islamic principles into their economic frameworks, but their approaches differ due to legal, historical, and political factors.Purposes of the Research:  The purpose of this article is to analyze and compare the regulatory frameworks governing Sharia economic law in Indonesia and Malaysia. It aims to highlight both the successes and obstacles in implementation, while offering potential recommendations for improvement.Methods of the Research: This study employs a comparative legal research methodology, analyzing primary legal sources such as laws, regulations, and official guidelines from Indonesia and Malaysia. Secondary sources, including academic articles and government publications, provide context for understanding how these frameworks are implemented.Results of the Research: The research finds that Malaysia’s centralized regulatory system, led by the Sharia Advisory Council (SAC), provides clear guidelines for Sharia-compliant financial products. In contrast, Indonesia’s regulatory framework is more fragmented, with overlapping responsibilities between institutions, creating challenges for effective implementation. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2312 10.47268/sasi.v30i4.2312 SASI; Volume 30 Issue 4, December 2024; 402-415 SASI; Volume 30 Issue 4, December 2024; 402-415 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2312/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2312/421 Copyright (c) 2024 Umi Khusnul Khotimah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2303 2025-05-13T06:33:06Z sasi:ART driver

Integration of Customary Law in The National Legal System Comparative Study of Malaysia and Indonesia Febrianty, Yenny Ghapa, Hasliza Ahmad, Asmida Indonesia; Malaysia; Customary Law; Comparative. Introduction: Customary law shapes and protects indigenous cultural identity and rights in the face of rapid modernity. However, customary law incorporation into national legal systems, notably in Malaysia and Indonesia, remains difficult. Both nations recognize and integrate customary law into their legal systems, but disparities in indigenous peoples' land, forestry, and natural resource management rights enforcement and protection exist.Purposes of the Research: The study's main objectives are to (1) understand and evaluate customary law's inclusion into Malaysia and Indonesia's legal systems and (2) determine the best framework for this incorporation given the fast rate of modernization.Methods of the Research: This research employs a normative juridical methodology with statutory and comparative approaches. Through a review of relevant laws and literature from both countries, this study seeks to identify and compare how customary law is integrated into the national legal systems of Malaysia and Indonesia.Results of the Research: The research identified discrepancies in indigenous peoples' rights enforcement and protection, notably in land, forestry, and natural resource management, despite both countries adopting customary law into their legal systems. This research emphasizes the necessity for inclusive and participatory customary law incorporation into national legal systems. Customary law is important to these systems and is acknowledged, preserved, and respected. Scholars, attorneys, and legislators in both countries may utilize this study to protect indigenous rights. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2303 10.47268/sasi.v30i4.2303 SASI; Volume 30 Issue 4, December 2024; 379-401 SASI; Volume 30 Issue 4, December 2024; 379-401 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2303/pdf Copyright (c) 2024 Yenny Febrianty, Hasliza Ghapa, Asmida Ahmad http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2251 2025-05-13T06:33:06Z sasi:ART driver

Politics and Law of Sports Business (Sport Industry) After the Ratification of Law no. 11 of 2022 Nadiasa, I Ketut Kurniawan, I Gede Agus Business, Sports, Political Law. Introduction: The development of the sports industry inherently provides opportunities related to economic orientation and job creation within the sports industry.Purposes of the Research: This study focuses on analyzing the legal-political aspects in sports law following the enactment of the Sports Law. The research aims to address two legal issues: (i) issues concerning the sports industry within the Sports Law, and (ii) the legal-political dynamics of the sports industry within the Sports Law and future regulatory efforts.Methods of the Research: This research employs a normative legal research approach, emphasizing conceptual and legislative analysis.Results of the Research: There are three issues and weaknesses in the regulation of the Sports Law concerning the sports business: the lack of provisions regarding the empowerment of micro, small, and medium enterprises (MSMEs) in the sports business sector, the non-integration of sports law regulations with general business regulations potentially leading to regulatory overlaps that hinder sports business operations, and the partial nature of corporate social responsibility regulations in aiding sports development, limited to financial contributions by sports entities. Generally, the legal-political framework of the sports industry under the Sports Law has provided regulations concerning sports business and involved parties. To optimize the legal-political framework of the sports industry, future regulatory efforts are needed to refine the Sports Law through revisions aimed at enhancing the sports business environment, accommodating meaningful participation from relevant stakeholders. Another critical aspect is the formulation of implementing regulations within the Sports Law, particularly those pertaining to the sports business, to ensure integrated regulations between sports-specific implementing rules and those of other sectors sharing similar business orientations. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2251 10.47268/sasi.v30i4.2251 SASI; Volume 30 Issue 4, December 2024; 369-378 SASI; Volume 30 Issue 4, December 2024; 369-378 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2251/pdf Copyright (c) 2024 I Gede Agus Kurniawan, I Ketut Nadiasa http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2228 2025-05-13T06:33:06Z sasi:ART driver

Copyright Regulation for AI-Generated Images Legal Approaches in Indonesia and the United States Raharja, Made Doni Darma Dananjaya Sadnyini, Ida Ayu Angelo, Michael Copyright; AI-Generated; Images. Introduction: The background of this research addresses the generated image by Artificial Intelligence whether it is protected by copyright, it is based on creating an image is usually created directly by the person, but in this context the image created is made by artificial intelligence.Purposes of the Research: The purpose of this research first to determine the copyright arrangements against images created by artificial intelligence in Indonesia and then to find out related copyright arrangements in the United States related to images generated by artificial intelligence.Methods of the Research: This research uses normative legal research methods, and  the approach used is normative legal research on the basis of the vagueness of norms related to images that degenerate by copyright including copyright. The approach used in this research is a conceptual approach, statutory approach, analytical approach, and comparative approach.Results of the Research: The images generated by AI are protected by copyright, but the subject that is actually protected is the human who commanded the AI to create the image. Where only humans are considered legal subjects that can protect their work. Although AI can create works, AI itself is not considered to have the morality necessary for copyright law protection. Therefore, in the event that an AI creates a work, copyright law protection is extended to the human controlling the AI as the actual creator. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2228 10.47268/sasi.v30i4.2228 SASI; Volume 30 Issue 4, December 2024; 355-368 SASI; Volume 30 Issue 4, December 2024; 355-368 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2228/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/2228/407 Copyright (c) 2024 Made Doni Darma Dananjaya Raharja, Ida Ayu Sadnyini, Michael Angelo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1888 2025-05-13T06:33:06Z sasi:ART driver

Study of the Implementation Restoration Concept in the Criminal Justice System in Indonesia Mashendra, Mashendra Ibrahim, Kayode Muhammed Salam, Safrin Nurcahyo, Edy Chatimah, Nurul Ambiyaa Implementation; Restoration Concept; Indonesian Criminal Justice System. Introduction: The Indonesian Criminal Justice System does not recognize concepts related to restoration, such as restorative justice, alternative conflict resolution, circular punishment, or ishlah. The idea of restoration is generally not recognized by the Criminal Procedure Code (KUHAP), which is based on the concept of legality.Purposes of the Research:  To study and discuss the actual existence of the function and impact of the concept of restoration (restorative justice, alternative dispute resolution, circular punishment, and circular punishment or Ishlah) in the development of the Indonesian Criminal Justice System.Methods of the Research: This research uses a normative research methodology with a qualitative approach to investigate the concept of restoration and its consequences for various applicable laws and principles.Results of the Research: The findings of this research show that the concepts of recovery and restoration, such as alternative dispute resolution and punishment, are concepts that prioritize the interests of the parties involved, especially the principles of win-win solutions and recovery. This has been used to resolve criminal cases that meet standards at both the investigation and prosecution levels as one way to resolve criminal cases. The application of these ideas in the Indonesian Criminal Justice System is a deviation from the basic principles of the Criminal Procedure Code, namely the principle of legality which must be observed at all times. It is recommended that methods for implementing restorative ideas be included in the Draft Criminal Procedure Code (RKUHAP). Some examples of this mechanism are alternative dispute resolution, circular punishment, and ishlah. Thus, the concept of restoration can be legally and formally recognized as a principle in the Indonesian Criminal Justice System when put into practice. Faculty of Law, Universitas Pattimura 2024-12-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1888 10.47268/sasi.v30i4.1888 SASI; Volume 30 Issue 4, December 2024; 339-354 SASI; Volume 30 Issue 4, December 2024; 339-354 2614-2961 1693-0061 10.47268/sasi.v30i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1888/pdf Copyright (c) 2024 Mashendra, Kayode Muhammed Ibrahim, Safrin Salam, Edy Nurcahyo, Nurul Ambiyaa Chatimah. http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2277 2025-05-13T06:32:46Z sasi:ART driver

The Civil Law Aspects of Informed Consent to Medical Procedures Kurniawan, I Gede Agus Chandra, Ade Informed Consent; Civil Law; Therapeutic Agreement; Legal Implications; Legal Responsibility. Introduction: Informed consent is a communication process between healthcare providers and patients regarding the medical procedures to be performed. Its aim is to provide sufficient information so that patients can make informed decisions, and it is regulated by various laws and regulations in Indonesia.Purpose of the Research: The purpose of this research is to analyze the legal position of informed consent from the perspective of Indonesian civil law and to examine the civil law implications that arise if there is a violation of the informed consent principle in medical procedures.Method of Research: This research uses normative legal methods with legislative and conceptual approaches, analyzing primary, secondary, and tertiary legal materials through literature study, and applying descriptive qualitative analysis.Results of Research: Research findings indicate that informed consent holds a strong legal position within the perspective of Indonesian civil law, being viewed as a manifestation of a therapeutic agreement that must meet the valid agreement requirements according to the Civil Code (KUHPerdata) and be supported by various regulations. Violations of the principles of informed consent can lead to significant civil legal implications, including claims for damages on the grounds of breach of contract or unlawful acts, cancellation of the therapeutic agreement, liability for breach of professional standards, and claims based on consumer protection law. These implications can involve healthcare professionals and healthcare institutions, with consequences that include payment of material and immaterial damages, the burden of proof in court, and impacts on reputation and medical practice. Faculty of Law, Universitas Pattimura 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2277 10.47268/sasi.v30i3.2277 SASI; Volume 30 Issue 3, September 2024; 326 - 338 SASI; Volume 30 Issue 3, September 2024; 326 - 338 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2277/pdf Copyright (c) 2024 I Gede Agus Kurniawan, Ade Chandra http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2265 2025-05-13T06:32:46Z sasi:ART driver

Tax Corruption: Legal Loopholes and Criminal Practices by High-Ranking Officials Polontoh, Herry M S, Lestari Wulandari Tax Corruption; Legal Loopholes; High-Ranking Officials; Tax Evasion. Introduction: Tax corruption represents a critical issue that undermines economic stability and public trust, particularly when perpetrated by high-ranking officials. This study addresses the interaction between tax corruption and legal loopholes, highlighting how such gaps in the legal system facilitate criminal practices among powerful individuals.Purposes of the Research: The primary aim of this research is to explore how legal loopholes contribute to tax corruption and to examine the criminal practices of high-ranking officials involved in such activities. The study seeks to understand the systemic issues in tax administration and enforcement that allow these practices to flourish.Methods of the Research: The research employs a mixed-methods approach, combining qualitative analysis through interviews with tax officials and legal experts, with quantitative analysis of case studies involving tax fraud and evasion by high-ranking officials. This methodology provides a comprehensive view of both the legal and practical aspects of tax corruption.Results of the Research: : The findings reveal that significant legal loopholes, coupled with inadequate enforcement mechanisms, create opportunities for high-ranking officials to engage in corrupt practices with minimal repercussions. These corrupt practices undermine public confidence in tax systems and result in considerable revenue losses for the state.Conclusions: The research concludes that addressing tax corruption requires comprehensive legal reforms to close existing loopholes and enhance enforcement capabilities. Strengthening transparency and accountability mechanisms, along with promoting greater public oversight, are essential to mitigating the effects of tax corruption and restoring integrity in tax administration. Faculty of Law, Universitas Pattimura 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2265 10.47268/sasi.v30i3.2265 SASI; Volume 30 Issue 3, September 2024; 310 - 325 SASI; Volume 30 Issue 3, September 2024; 310 - 325 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2265/pdf Copyright (c) 2024 Herry M Polontoh, Lestari Wulandari S http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2213 2025-05-13T06:32:46Z sasi:ART driver

Legal Politics and Data Protection in Indonesia: A Case Study of the National Data Center Hacking Gani, Najamuddin Data Protection Laws; Cybersecurity Regulations; National Data Security. Introduction: This article analyzes the politics of law and data protection in Indonesia through a case study of the hacking of the National Data Center. The incident highlights significant vulnerabilities within the national data protection framework and the legal implications arising from such breaches, emphasizing the urgent need for robust legal measures to safeguard sensitive information.Purposes of the Research: The purpose of this article is to thoroughly evaluate legal policies related to data protection in Indonesia, examining the challenges and opportunities for improvement. By focusing on the hacking incident of the National Data Center, the study aims to provide insights into potential policy enhancements to better protect data in an increasingly digital world.Methods of the Research: This research employs normative research methods with a comprehensive case study approach. Data is obtained through detailed analysis of legal documents, pertinent regulations, and relevant literature. This methodology aims to offer an in-depth understanding of the current state of data protection policies in Indonesia and identify areas requiring legislative and regulatory improvements.Results of the Research: The findings reveal that current data protection policies in Indonesia are insufficient to counter advanced hacking threats. This study offers recommendations for strengthening regulatory frameworks and implementing tighter supervision to enhance national data security. It introduces a new perspective on the dynamics of data protection law politics in Indonesia, contributing to the broader discourse on data security. Faculty of Law, Universitas Pattimura 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2213 10.47268/sasi.v30i3.2213 SASI; Volume 30 Issue 3, September 2024; 296 - 309 SASI; Volume 30 Issue 3, September 2024; 296 - 309 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2213/pdf Copyright (c) 2024 Najamuddin Gani http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2295 2025-05-13T06:32:46Z sasi:ART driver

Legal Reform of Indonesia’s Nickel Export Ban (Indonesia-Europa) Lestari, Putri Diah Ilmania, Nurika Falah Al-Haq, Mursyid Export Resctiction; Internasional Trade; Nickel. Introduction: Indonesia's nickel export restriction policy is regulated in the Minister of Trade Regulation No. 96 of 2019 concerning Export Requirements for Mining Products from Processing and Refining which is in line with the Minister of Energy and Mineral Resources Regulation No. 11 of 2019 and is the cause of a lawsuit brought by the European Union to the WTO for Indonesia's violation of the provisions of Article XI.1 of the GATT 1994 WTO agreement related to discrimination against export products in the form of nickel ore.Purposes of the Research: The purpose of this research is to analyze the rules of the prohibition of Nickel Exports Based on International Law reviewed based on the theory of state sovereignty in Indonesia.Methods of the Research: This research uses normative legal research using a statutory approach and conceptual approach, and uses descriptive analysis techniques supported by two legal materials, namely primary legal materials and secondary legal materials.Results of the Research: Indonesia certainly has a strong reason why these restrictions are carried out. In addition to national economic growth, it also realizes sustainable development. This research is conducted to describe the policy through the lens of international trade law and Indonesia's authority as a sovereign state. Faculty of Law, Universitas Pattimura 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2295 10.47268/sasi.v30i3.2295 SASI; Volume 30 Issue 3, September 2024; 287 - 295 SASI; Volume 30 Issue 3, September 2024; 287 - 295 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2295/pdf Copyright (c) 2024 Putri Diah Lestari, Nurika Falah Ilmania, Mursyid Al-Haq http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2258 2025-05-13T06:32:46Z sasi:ART driver

The Urgency of Implementing a Cyber Notary in Indonesia: A Comparative Study with The United States Tan, Winsherly Agustini, Shenti Situmeang, Ampuan Cyber Notary; Indonesia; United State; Urgency. Introduction: Current technological developments have an influence on all aspects of human life, including government administration. Notaries are non-governmental public officials who provide public services in providing good governance for the community. However, notarial services in Indonesia are carried out conventionally, which slows down notarial services. Different things happened in America. America is a country that has advanced technology.Purposes of the Research: The aim of this research is to analyze the urgency of implementing cyber notary in Indonesia, find differences in legal regulations and application of law regarding cyber notary in Indonesia and America and find the right solution in organizing cyber notary in Indonesia.Methods of the Research: The research used normative juridical method with secondary data from primary legal sources including various laws and acts like Law Number 2 of 2014, Law Number 30 of 2014, and others related to notarial acts, personal data protection, and blockchain technology in California and Illinois.Results of the Research: The research reveals Indonesia lacks comprehensive laws for cyber notaries. Learning from the US, which has established regulations, Indonesia needs to revise its Notary Law to incorporate cyber notaries and uphold principles of good governance. Faculty of Law, Universitas Pattimura Faculty of Law Universitas Internasional Batam 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2258 10.47268/sasi.v30i3.2258 SASI; Volume 30 Issue 3, September 2024; 274 - 286 SASI; Volume 30 Issue 3, September 2024; 274 - 286 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2258/pdf Copyright (c) 2024 Winsherly Tan, Shenti Agustini, Ampuan Situmeang http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2193 2025-05-13T06:32:46Z sasi:ART driver

Child Support Right In The Human Rights Perspective Alam, Arief Syahrul Chaidar, Muhamad Ngah, Anisah Che Children's Rights; Human Rights; Legal Protection. Introduction: The provision of Article 28 B paragraph (2) and Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia can be stated as the philosophical basis for children's rights on viability, growth, and development; and the rights to protection from violence and discrimination; as well as the rights to recognition, assurance, fair legal protection, and certainty, as well as equal treatment in front of the law.Purposes of the Research: To find out that every regulation related to child support rights from the human rights perspective should refer to the philosophical basis of the nation that is Article 28 B paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of Republic of Indonesia. The focus of the legal problem in this study is child support rights from the human rights perspective.Methods of the Research: The juridical normative method with statute approach, conceptual approach, constitutional approach, and Comparative approach is used as the research methodology in this study.Results of the Research: However, with the implementation of Article 28 B paragraph (2) of the 1945 Constitution of Republic of Indonesia that placed the State, Government, and Regional Governments are obliged to ensure the protection, care, and welfare of the children by paying attention to the rights and obligations of the parents, guardians or other people who legally responsible to the children. The provision of that Article asserts that the problem of children's protection is not only the responsibility of their parents, but also has become the responsibility of the state, government, and regional government. Therefore, it can be concluded that the post-divorce child maintenance rulings in Malaysia are better than those in Indonesia, as the implementation of child maintenance rulings in Malaysia is monitored by the BSK, which is a part of the Court responsible for handling all matters related to child support. Faculty of Law, Universitas Pattimura 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2193 10.47268/sasi.v30i3.2193 SASI; Volume 30 Issue 3, September 2024; 258 - 273 SASI; Volume 30 Issue 3, September 2024; 258 - 273 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2193/pdf Copyright (c) 2024 Arief Syahrul Alam, Muhamad Chaidar, Anisah Che Ngah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1965 2025-05-13T06:32:46Z sasi:ART driver

Ideal Government Policy In Fulfilling The Social and Cultural Economic Rights of Sangir Philippine Citizens Gerungan, Lusi K. F. R. Lewerissa, Yanti Amelia Atmodjo, Kevin Christian Ideal Policy; Rights; Citizens; Sangir Philippines. Introduction: Fulfillment of economic, social and cultural rights is a reflection of guaranteeing human rights. However, the economic, social and cultural rights of every citizen must be supported by their status as a citizen. Because a person's citizenship status has the effect of giving them a number of rights as a citizen. This problem occurs for Sangir Filipino residents whose citizenship status is unclear.Purposes of the Research: Is to examine and analyze the ideal policies taken by the government, especially the regional government of Bitung City, North Sulawesi Province, in addressing issues that provide economic, social and cultural rights for Sangir Filipino residents who have unclear citizenship status, so that this has an impact. on Providing their rights as part of providing human rights.Methods of the Research: In this research is normative juridical research using statutory regulations and a contextual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. This legal material was obtained through literature review and then explained qualitatively.Results of the Research: Show that the citizenship status of Sangir Filipino residents does not clearly have an impact on the provision of economic, social and cultural rights. There is a need for policies by the Regional Government and the Central Government, such as updating national laws that simplify the citizenship registration process, providing outreach to Sangir Filipino residents about the importance of a clear citizenship status, and the need for participation from all elements of society in order to overcome this problem. Faculty of Law, Universitas Pattimura 2024-09-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1965 10.47268/sasi.v30i3.1965 SASI; Volume 30 Issue 3, September 2024; 249 - 257 SASI; Volume 30 Issue 3, September 2024; 249 - 257 2614-2961 1693-0061 10.47268/sasi.v30i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1965/pdf Copyright (c) 2024 Lusi K. F. R. Gerungan, Yanti Amelia Lewerissa, Kevin Christian Atmodjo. http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2044 2025-05-13T06:32:34Z sasi:ART driver

Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India Kusmayanti, Hazar Judiasih, Sonny Dewi Yuanitasari, Deviana Rajamanicham, Ramalinggam Child Marriage; Indonesia; India; Malaysia. Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research:  In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. Faculty of Law, Universitas Pattimura 2024-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2044 10.47268/sasi.v30i2.2044 SASI; Volume 30 Issue 2, June 2024; 234 - 248 SASI; Volume 30 Issue 2, June 2024; 234 - 248 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2044/pdf Copyright (c) 2024 Hazar Kusmayanti, Sonny Dewi Judiasih, Deviana Yuanitasari, Ramalinggam Rajamanicham http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1932 2025-05-13T06:32:34Z sasi:ART driver

Legal Regulation and Health Risks: Analyzing “Tukang Gigi” in The Context of Service Accessibility Alfarizi, Mohammad Hanaan Prasasti, Annisa Widya Genovés, Manuel Beltrán Authority; Dental Treatment; Dentist; Tukang Gigi. Introduction: Access to dental services is a challenge for lower to middle-income individuals. Tukang gigi, an alternative to dentists, offers more affordable oral health care. Governed by Ministry of Health Regulation No. 39 of 2014, tukang gigi's authority is limited to acrylic dentures. However, evidence shows unauthorized practices, posing health risks like misdiagnosis and complications. This not only jeopardizes patient health but also undermines the credibility of the dental health profession, eroding public trust.Purposes of the Research: The aim of the research is to find out the legality of dental practices that exceed their authority with a policy approach to the community's need for cheap access to healthMethods of the Research: The research employs a literature study method, specifically normative legal research, focusing on legal norms in laws and regulations. Following a systematic process of collecting, reading, recording, and analyzing library data, the study adopts a doctrinal legal research approach. The emphasis is on elaborating and explaining collected data related to the main research topics.Results of the Research: The current law limits tukang gigi to making and installing detachable dentures that meet health standards. However, tukang gigi often put braces, remove tartar, and color braces outside their allowed scope. Therefore, tukang gigi are not accountable for their activities, leaving consumers or service users vulnerable to malpractice. Despite benefiting from dental artisan work, consumers are ignorant of legal protections when these practitioners breach government rules. Tukang gigi often break the law owing to a lack of information or compliance, so they are at risk without legal protection. In contrast to Spain, where denturists cannot practice dentistry. Only dentists and dental technicians are legally recognized in Spain. This is because dentistry skill requires strict requirements. Dental professionals monitor actions closely to reduce misconduct. Dental care is affordable. Faculty of Law, Universitas Pattimura 2024-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1932 10.47268/sasi.v30i2.1932 SASI; Volume 30 Issue 2, June 2024; 216 - 233 SASI; Volume 30 Issue 2, June 2024; 216 - 233 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1932/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1932/345 Copyright (c) 2024 Mohammad Hanaan Alfarizi, Annisa Widya Prasasti, Manuel Beltrán Genovés http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1904 2025-05-13T06:32:34Z sasi:ART driver

The Essence of the Teaching of Causality in Revealing Deaths Due to Premeditated Murder Budiyanto, Budiyanto Pamolango, Valentino Ringgi, Deppa Theory Causality; Death; Premeditated Murder. Introduction: This article analyzes the contribution of the doctrine of causality in uncovering deaths resulting from premeditated murder. The doctrine of causality is essentially very important and needed to determine a person's guilt for actions that cause consequences. It is appropriate for the defendant to be processed, prosecuted and sentenced to life imprisonment according to the level of guilt.Purposes of the Research: The aim of this research is to examine more specifically the importance of the doctrine of causality in uncovering someone's death as a result of premeditated murder in Jayapura City and the obstacles.Methods of the Research: The method chosen is normative legal research with an emphasis on secondary data. The statutory approach and case approach were chosen to study the application of the doctrine of causality. So that it can be known with certainty the determination of guilt and criminal responsibility. Primary legal materials and secondary legal materials are sources of data collection. Analysis of research results is carried out by providing criticism, support, comments, then a conclusion is made using a literature review.Results of the Research: The research results prove that in uncovering the case of the death of a victim of premeditated murder in Jayapura City, law enforcement officers chose a generalizing theory. In an effort to search for and find the relationship between the defendants' actions, the combined balance theory becomes the starting point for determining the defendant's guilt. The combined balance theory has the advantage that it can be used to calculate carefully and precisely. Both defendants were sentenced to life imprisonment for the crimes they committed. The obstacle is the difficulty of finding witnesses, evidence and other evidence. Faculty of Law, Universitas Pattimura 2024-06-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1904 10.47268/sasi.v30i2.1904 SASI; Volume 30 Issue 2, June 2024; 198 - 215 SASI; Volume 30 Issue 2, June 2024; 198 - 215 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1904/pdf Copyright (c) 2024 Budiyanto Budiyanto, Valentino Pamolango, Deppa Ringgi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2049 2025-05-13T06:32:34Z sasi:ART driver

Comparison of the Legal Regulation of Adultery as Social Control in Society: A Comparison Between Indonesia, Malaysia, Brunei Darussalam, and Turkey Lestiawati, Ida Maisa, Maisa Manan, Abdul Comparative Law; Adultery; Crime. Introduction: Differences in adultery regulations in various countries in the world can be different, one of which is due to the ideology adopted by each country. Regulations related to adultery actually have relevance to state ideology and the values held and lived by society, including religious values.Purpose of the Research: This research aims to analyze and compare adultery regulations based on the values and ideology that apply in a country by comparing adultery regulations between Indonesia, Malaysia, Brunei Darussalam, and Turkey.Method of Research: This research is normative legal research by prioritizing historical, conceptual, legislative and comparative approaches.Results of Research: The results of the research confirm that the development of adultery regulations in Indonesia has not been substantively facilitated since it was regulated in the WvSNI and even passed into the Criminal Code in 1946. This is because what is regulated in the Criminal Code as an official translation of Dutch criminal law is only an overspel that if translated into Indonesian is closer to the act of infidelity and not adultery. The regulation of adultery in the new national criminal law is officially regulated in the New Criminal Code, especially in Article 411 of the New Criminal Code, which is actually in accordance with the meaning of the offense of adultery in accordance with the values and culture of Indonesian society. Differences in the regulation of adultery in each country, especially countries with a majority Muslim population. This is a necessity because differences in adultery regulations in each country depend on the ideology adopted by each country. However, in general, in societies where the majority are Muslim, adultery is classified as a disgraceful act that deserves criminal sanctions as applied in Indonesia, Malaysia and Brunei Darussalam, whereas Turkey, even though the majority of the population is Muslim, is based on a secularist view, only regulating adultery within the realm of law. private. Faculty of Law, Universitas Pattimura 2024-06-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2049 10.47268/sasi.v30i2.2049 SASI; Volume 30 Issue 2, June 2024; 183 - 197 SASI; Volume 30 Issue 2, June 2024; 183 - 197 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2049/pdf Copyright (c) 2024 Ida Lestiawati, Maisa Maisa, Abdul Manan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2048 2025-06-08T03:34:57Z sasi:ART driver

Comparison of Consumer Protection Laws Between Indonesia, the Philippines, and South Korea in Achieving Justice Dewi, Retno Sari Dwiatmanto, Dwiatmanto Surjanti, Surjanti Consumer Rights; Comparative Law; Consumer Protection. Introduction: Consumer protection is an important aspect as a global phenomenon and is practically implemented by various countries in the world.Purpose of the Research: This research aims to describe the development of consumer protection regulations in Indonesia and to compare consumer protection between Indonesia, the Philippines and South Korea in realizing justice.Method of Research: Normative legal research by prioritizing comparative, conceptual and statutory approaches.Results of Research: The development of consumer protection regulations in Indonesia after the passing of the consumer protection law has actually facilitated the existence of consumer rights which are applied proportionally to consumer obligations. Even so, the practice of developments over time and technology also actually requires changes to consumer protection laws. In efforts to realize justice for consumers by referring to the consumer protection arrangements carried out by the Philippines and South Korea, Indonesia needs to optimize effective and substantive consumer complaint procedures as in the Philippines, including also referring to consumer protection practices carried out by South Korea by providing integrated legal assistance. for consumers in the consumer dispute process, both legal assistance in the form of consultations and legal assistance services in the form of lawyers for consumers. Faculty of Law, Universitas Pattimura 2024-06-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2048 10.47268/sasi.v30i2.2048 SASI; Volume 30 Issue 2, June 2024; 169 - 182 SASI; Volume 30 Issue 2, June 2024; 169 - 182 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2048/pdf Copyright (c) 2024 Retno Sari Dewi, Dwiatmanto Dwiatmanto, Surjanti Surjanti http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2021 2025-05-13T06:32:34Z sasi:ART driver

A Comparative Study of Fair Online Buying and Selling Regulations: A Legal Comparison Between Indonesia, Malaysia, and Singapore Rahman, Muhammad Sabir Buying and Selling; Online Legal Comparison. Introduction: The practice of buying and selling online is part of the development of digitalization and technology. Regulation of fair online buying and selling practices by the state is important to protect the rights of the parties.Purpose of the Research: This research aims to analyze and compare online buying and selling arrangements implemented in Indonesia, Malaysia and Singapore.Method of Research: Normative legal research by prioritizing conceptual, statutory and conceptual approaches.Results of Research: Regulation of online buying and selling in Indonesia is viewed from the aspect of distributive justice because the practice of equal playing field, namely equalizing business actors from abroad and from within the country, has not been accompanied by empowerment efforts and special treatment for small, micro and medium businesses in Indonesia, despite its commutative justice aspect, has accommodated various efforts to protect sellers and buyers in online buying and selling transactions. Comparison of the legal regulations for online buying and selling between Indonesia and Malaysia and Singapore. In general, Malaysia and Singapore have provided special arrangements and appropriate and fast procedures regarding means of complaints and the process for complaints in online buying and selling transactions is carried out comprehensively to ensure that everyone or parties involved in online buying and selling transactions have their complaints heard and followed up. Therefore, Indonesia needs to improve regulations related to online buying and selling transactions, especially regarding optimizing complaint services as implemented in Malaysia and Singapore, which follow up on complaint services within a certain period of time and are processed to provide legal certainty and protection for the parties involved in the transaction. online buying and selling transactions. Faculty of Law, Universitas Pattimura 2024-06-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2021 10.47268/sasi.v30i2.2021 SASI; Volume 30 Issue 2, June 2024; 157 - 168 SASI; Volume 30 Issue 2, June 2024; 157 - 168 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2021/pdf Copyright (c) 2024 Muhammad Sabir Rahman http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1906 2025-05-13T06:32:34Z sasi:ART driver

The Meaning of Halal in The Food Industry in The Metaverse Era (A Comparison) Susanti, Dyah Ochtorina Sari, Nuzulia Kumala Adonara, Firman Floranta Tektona, Rahmadi Indra Driss, Bakhouya Halal; Food Industry; Metaverse Era. Introduction: The background of this research is that there are still many food products that have not been halal certified, even though the government through the Halal Product Guarantee Agency (BPJPH) has provided convenience in registering halal products online with free assistance. Especially in this metaverse era, where technology has developed rapidly so that the use of digital technology should be able to encourage development through the halal industry.Purposes of the Research: The purpose of this study, firstly, is to know and understand the meaning of halal in both Islamic law and the Civil Code. Second, understanding the halal industry in the metaverse era in terms of the theory of utilitarianism and Maqashid Sharia.Methods of the Research: This study uses a normative juridical method with a legal-statutory approach and a conceptual approach.Results of the Research: The results of this study are: First, that halal in Islamic Law and the Civil Code have different contexts, but have a similar meaning, namely referring to something that is permitted and not prohibited by law. Second, the halal industry based on utilitarianism has utility value both for business actors who register their food products, as well as for the general public as consumers. Furthermore, based on Maqashid Sharia, halal food is included in the category of protecting the soul (nafs) and protecting the mind (aql). Faculty of Law, Universitas Pattimura LP2M Universitas Jember 2024-06-28 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1906 10.47268/sasi.v30i2.1906 SASI; Volume 30 Issue 2, June 2024; 146 - 156 SASI; Volume 30 Issue 2, June 2024; 146 - 156 2614-2961 1693-0061 10.47268/sasi.v30i2 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1906/pdf Copyright (c) 2024 Dyah Ochtorina Susanti, Nuzulia Kumala Sari, Firman Floranta Adonara, Rahmadi Indra Tektona, Bakhouya Driss http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2057 2025-05-13T06:32:16Z sasi:ART driver

Implementation of Islamic Law in an Integrated Service System Organized Electronically by the National Land Office Maysarah, Maysarah Ananda, Faisar Fuad, Phil Zainul Implementation; Integrated Service System; Electronically. Introduction: One of the important academic issues is in the form of a judge's decision in Case Number 811/Pdt.G/2020/PN.Medan, in the form of ratification of inherited objects. Its implementation is contrary to Article 24 paragraph (2) of the 1945 Constitution, The highest judicial power is exercised by the Supreme Court in UU no. 5 of 2004 concerning Amendments to Law Number 14 of 1985 concerning the Supreme Court, Law Number 5 of 2004, due to Pergub) Number 117 of 2019 as executor of Minister of Finance Regulation Number 32/PMK.03/2005 regulates profit sharing central and regional governments, Number 186/PMK/07/2010 and Number 53 of 2010 concerning the application of tax rates for the acquisition of land and building rights (BPHTB), as well as stipulating Regional Regulation (Pergub) Number 60 of 2021, not all of which can be processed as objects inheritance.Purposes of the Research:  To analyze the Legal Basis for the Electronic/Online Integrated Service System Organized by the National Land Agency of North Jakarta Administrative City based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of National Land Agency RI Number 5 of 2017 concerning Electronic/Online Land Information Services , regarding the implementation of the Regulation of the Minister (Permen) of Agrarian and Spatial Planning of the Head of the National Land Agency of the Republic of Indonesia Number 16 of 2017 as the legal basis for the electronic/online Integrated Service System organized by the North Jakarta Administrative City Land Agency.Methods of the Research: This research method is normative-empirical with a case approach, statutory approach and comparative approach. The theories used are the theory of legal certainty, the theory of justice and the maqashid syari'ah theory. Primary data used are interviews, documentation and observation, secondary data is the Koran Hadith, laws, books and journals.Results of the Research: The results of the research are based on a. The legal basis for the Integrated Electronic/Online Service System Organized by the North Jakarta Administrative City National Land Agency (BPN), b. Implementation of the Integrated Service System (SiPandu) at the North Jakarta Administrative City National Land Agency (BPN), c. Problems with the Implementation of the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), Views of the North Jakarta Administrative City Council of Indonesian Ulemas (MUI) on the Integrated Service System (SiPandu) in the North Jakarta Administrative City National Land Agency (BPN), very contrary to the rules governing Presidential Regulation Number 95 of 2018 concerning Electronic-Based Government Systems (SPBE), Ministerial Regulation (Permen) of Agrarian Affairs and Spatial Planning (ATR) of the Head of the National Land Agency of the Republic of Indonesia (KBPN) Number 16 of 20212 is an amendment to Regulation of the Minister (Permen) of the State for Agrarian Affairs/Head of Agency Government Regulation Number 3 of 1997 concerning Implementing Provisions of Government Regulation Number 24 of 1997 concerning Land Registration2 implemented by Number 5 of 2017 and Law Number 25 of 2009 concerning Public Services, development planning and the settlement of land conflict problems in the regions at the end of 2025 has E-Certificates throughout Indonesia, not the implementation through SiPandu electronically/online is held by the Land Agency of North Jakarta Administrative City Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2057 10.47268/sasi.v30i1.2057 SASI; Volume 30 Issue 1, March 2024; 119 -145 SASI; Volume 30 Issue 1, March 2024; 119 -145 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2057/pdf Copyright (c) 2024 Maysarah Maysarah, Faisar Ananda, Phil Zainul Fuad https://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/2017 2025-05-13T06:32:16Z sasi:ART driver

Dynamics and Challenges of Democracy in Local Elections in Indonesia and the Netherlands Hargono, Hargono Rustan, Ahmad Jambak, Fachmi Alba, La Ode Rahman, Rofi Aulia Dynamics; Challenges; Democracy; Local Elections. Introduction: Elections for regional heads and heads of government are one of the important aspects in building a democratic system that encourages citizen participation in the political process.Purposes of the Research:  This study aims to describe the dynamics and challenges of democracy associated with the implementation of regional elections in several countries. Local elections are a major test of a country's democratic health, and a variety of factors can affect the outcome and integrity of the process.Methods of the Research: This research is legal research using two legal approaches, namely the statute approach and the comparative approach.Results of the Research: The results showed that regional elections have complex dynamics and several significant challenges in the context of democracy. These dynamics include intense political competition, increased public participation, and changes in political communication through social media. While the challenges that need to be faced in regional elections include contests involving incumbents, fraud in elections, political money, voter participation, political polarization, and the integrity of organizers that occur in Indonesia and in the Netherlands. Thus, this study shows that regional elections are not only a political event, but also a test of the quality of a country's democracy. Concerted efforts to address these challenges will play a key role in maintaining and strengthening democratic systems that are healthy and responsive to people's needs. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2017 10.47268/sasi.v30i1.2017 SASI; Volume 30 Issue 1, March 2024; 111 - 118 SASI; Volume 30 Issue 1, March 2024; 111 - 118 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/2017/pdf Copyright (c) 2024 Hargono, Ahmad Rustan, Fachmi Jambak, La Ode Alba, Rofi Aulia Rahman http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1872 2025-05-13T06:32:16Z sasi:ART driver

Government's Law Strategy in Dealing With Global Recession Turmoil 2023 to Strengthen Society's Economy Mukidi, Mukidi Purba, Nelvitia Nurasiah, Nurasiah Muhlizar, Muhlizar Binti Seli, Noor Zainee Law Government; Global Recession 2023; Community Economy. Introduction: The threat of a global economic recession in 2023 has been a topic of discussion lately. Various forms of trade both domestically and abroad are predicted to experience a decline. Of the potential economic threats that can occur due to two factors, both external and internal.Purposes of the Research:  This study aims to analyze the Government’s law strategy in dealing with global recession turmoil 2023 to strengthen society’s economy in Indonesia.Methods of the Research: To analyze the problems in this article, the author uses empirical legal research types and then analyzes them with descriptive-analytic methods and uses a statutory approach related to the case approach as well as a philosophical, sociological approach. and juridical.Results of the Research: Facing these alarming global conditions, the Government of Indonesia has taken concrete steps, including by issuing Government Regulation in Lieu of Law Number 2 of 2022 Concerning Job Creation (Perpu Cipta Kerja), which was promulgated on December 30, 2022, LN. 2022/No.238, TLN No.6841. The Job Creation Perpu contains content material that is loaded with the interests of the Indonesian state and people and in optimizing public services there is no violation of the law or the constitution, for the steps taken by the President. Our legal system has also regulated further procedures after the Perpu is promulgated, through the legal mechanisms and procedures that apply in parliament. It is time for us to see phenomena based on real facts and data clearly, based on academic logic. Not just an analysis without facts and different origins. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1872 10.47268/sasi.v30i1.1872 SASI; Volume 30 Issue 1, March 2024; 100 - 110 SASI; Volume 30 Issue 1, March 2024; 100 - 110 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1872/pdf Copyright (c) 2024 Mukidi Mukidi, Nelvitia Purba, Nurasiah Nurasiah, Muhlizar Muhlizar, Noor Zainee Binti Seli http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1869 2025-05-13T06:32:16Z sasi:ART driver

Optimizing Regional Governance in Batam City Government-Business Entity Institutional Dualism Respationo, Soerya Thapa, Nar Yan Optimization; Regional Governance; Institutional Dualism. Introduction: The development of special areas of Batam began in the 1970s. With the support of special regulations made by the central government, Batam City becomes a competitive place for investment in Indonesia. Moreover Batam has geographical advantage because of its strategic location and adjacent to Malaysia and Singapore.Purposes of the Research: The research examines the legal framework governing the relationship between the Batam City Government and Batam Concession Agency, identifying overlap and potential conflicts, and promoting synergy with the Batam Business Entity.Methods of the Research: The study approach employed. Secondary data is used in this normative legal research strategy.Results of the Research: Research suggests that the legal structure between Batam City Government and Batam Concession Agency should promote cooperation and collaboration. In practice, overlapping jurisdiction areas might leave unclear and confusing duties and responsibilities for each entity. They were fulfilling each entity's duties. Overlapping zones can interfere with development and public services and cause institutional conflicts. The legal framework may require clarity or amendment to improve the interaction between the Batam City Government and the Batam Concession Agency. Optimize local government, for optimal local government, the law must assist the Batam City Government, and Batam Concession Agency cooperate. Batam City and Batam Concession Agency labor together cooperatively. Batam City and Batam Concession Agency collaborate. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1869 10.47268/sasi.v30i1.1869 SASI; Volume 30 Issue 1, March 2024; 87 - 99 SASI; Volume 30 Issue 1, March 2024; 87 - 99 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1869/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1869/339 Copyright (c) 2024 Soerya Respationo, Nar Yan Thapa http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1828 2025-05-13T06:32:16Z sasi:ART driver

Justice Connectivity in the Criminal Prosecution of Human Trafficking Saimima, Ika Dewi Sartika Sanaky, Mochammad Syafruddin Rezky Connection Court; Human Trafficking; Law Enforcement Introduction: The involvement of members of the army of the Republic of Indonesia and The Police of the Republic of Indonesia became a special obstacle in the handling of human trafficking cases. The difficulties are due to the existence of special regulations governing the courts applicable to members of the Indonesian army who commit criminal acts.Purposes of the Research:  The case may be dealt with in conjunction with a criminal offense of trafficking in persons, given that the offense has fulfilled the element of involvement (also, deelneming) or jointly (mede dader) between a civilian and a person with military status in the criminal offense of trafficking.Methods of the Research: The research used normative jurisprudence, focusing on primary legal material such as Act No. 21 of 2007 on Punishment of Trafficking in Persons, Law No. 31 of 1997 on Military Justice, and Law No. 2 of 2002 on the State Police of the Republic of Indonesia. The research was descriptive-analytical, interpreting the law according to its context and analyzing its results in a qualitative, descriptive manner. Secondary legal material included publications on human rights protection, particularly those relating to women and children. The fact approach was used to study human trafficking facts and provide critical analysis. Library documents, books, and journals were also analyzed. Data analysis involved document study techniques and qualitative analysis, with the results and author's analysis of relevant theories.Results of the Research: The article addresses the Indonesian Army and Police's involvement in human trafficking offenses, emphasizing the intricacies and problems of prosecuting such instances. The author believes that the judicial system must promote justice and openness in such circumstances. The Indonesian legal system recognizes both military and civilian jurisdiction over crimes committed by military personnel, but implementation gaps cause uncertainty and delays in judicial processes. Handling crimes involving several institutions necessitates close teamwork, particularly among the Indonesian army and police. The mechanism to facilitate collaborative processing of human trafficking cases is connectedness justice, which decides which court has the authority to punish members of the Indonesian army for human trafficking. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1828 10.47268/sasi.v30i1.1828 SASI; Volume 30 Issue 1, March 2024; 75 - 86 SASI; Volume 30 Issue 1, March 2024; 75 - 86 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1828/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1828/333 Copyright (c) 2024 Ika Dewi Sartika Saimima, Mochammad Syafruddin Rezky Sanaky http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1789 2025-05-13T06:32:16Z sasi:ART driver

The Importance of Institutional Arrangement to Safeguard Maritime Security and Safety in Indonesia: The Case of Marine Security and Safety Agency Omara, Andy Institutional Arrangement; Safeguard; Indonesian Coast Guard. Introduction: Multiple agencies approach has been adopted by the Indonesian government to ensure maritime security and safety. The involvement of multiple actors potentially leads to overlapping authorities and an uncoordinated operation. For stakeholders at sea, such approach is inefficient, ineffective and creates confusion. The situation needs to be addressed to make more a coordinated, efficient, and effective method. This paper tries to address such an issue through institutional law lens.Purposes of the Research:  This paper aims to answer three important questions (1) How is the enforcement of security and safety at sea so far? (2) What are the implications as the many institutions involved in the enforcement of safety and security at sea? and (3) What kind of institutional arrangements to be made in the future so that law enforcement at sea becomes effective and efficient?.Methods of the Research: This study utilizes a normative legal approach. It exercises legal doctrines, relevant laws and regulations. It is also suplemented by relevant literatures, books, journals, and media coverages.Results of the Research: This paper finds that the enforcement of security and safety at sea adopts multi agencies where many institutions involved in maintaining security and safety at sea. The fact that multiple institutions simultaniously  participate in law enforcement at sea, potentially create overlapping and lack of coordination among them. This also creates confusion and disadvantage to the stakeholders. Therefore, it is necessary to reorganize the current institutional arrangements to minimize the problems on the ground. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1789 10.47268/sasi.v30i1.1789 SASI; Volume 30 Issue 1, March 2024; 56 - 74 SASI; Volume 30 Issue 1, March 2024; 56 - 74 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1789/pdf Copyright (c) 2024 Andy Omara http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1765 2025-05-13T06:32:16Z sasi:ART driver

The Philosophical of the Role of the Constitutional Court Related to the Certainty of Gender Equality Rights in Indonesia Artina, Dessy Saragih, Geofani Milthree Lailam, Tanto The Constitutional Court; Human Rights; Inter Gender Rights Introduction: In the agenda of the supremacy of law in Indonesia, one of the tangible manifestations carried out is the establishment of the Constitutional Court in 2003. One of the powers of the Constitutional Court is judicial review which has a major role and influence in upholding human rights. The Purposes of the Research: The purpose of this study is to analyze especially from the philosophical perspective of the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia. The main research authority is judicial review.The Methods of the Research: The research method used in this study is a normative research method with a legal and philosophical approach. The method and approach will be used in examining the role of the Constitutional Court in upholding certainty regarding gender equality in Indonesia.Results of the Research: A series of Constitutional Court decisions, including Number 22-24/PUU-VI/2008, demonstrates Indonesia's commitment to gender equality. These rulings changed election systems, ensuring equal opportunities for all candidates. The Court nullified affirmative action provisions in Law No. 10 of 2008, shifting from a 30% female representation goal. Decision Number 20/PUU-XI/2013 strengthened gender equality in politics, while Decision Number 82/PUU-XII/2014 supported women's electability in leadership roles. Decision Number 22/PUU-XV/2017 addressed gender-based discrimination in the Marriage Law. These decisions show the Constitutional Court's role in promoting gender equality, yet ongoing efforts are needed for further progress. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1765 10.47268/sasi.v30i1.1765 SASI; Volume 30 Issue 1, March 2024; 40 - 55 SASI; Volume 30 Issue 1, March 2024; 40 - 55 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1765/pdf Copyright (c) 2024 Dessy Artina, Geofani Milthree Saragih, Tanto Lailam http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1735 2025-05-13T06:32:16Z sasi:ART driver

Comparing an Individual Limited Liability Company in Indonesia and a Single-Member Limited Liability Company Owned by an Individual in Vietnam Pangesti, Shinta Pasaribu, Debora Puteri, Elisabeth Ryanthie Maya Company Law; Individual Company; Limited Liability Company; Single-Member Company. Introduction: The recognition of Individual LLCs is a concrete step from the government to support micro and small enterprises, which triggers Indonesia's economic growth. However, improvements to the regulation of Individual LLCs are needed immediately.        Purposes of the Research:  The research aims to explain and analyze the regulatory comparison of an Individual LLC in Indonesia and a Single-Member LLC owned by an Individual in Vietnam.Methods of the Research: The type of research is normative legal research with statutory and comparative approaches. Data was collected using library research with qualitative analysis.Results of the Research: The results can see from various aspects, such as the definition, company establishment, organizational structure, rights and obligations of company founders, and conversion. In Indonesia, the definition is outlined in Regulation of the Minister of LHR Number 21/2021, while in Vietnam is regulated in Law on Enterprises 2020. An Individual LLC in Indonesia can only establish by an individual, whereas in Vietnam, the owner of the Single-Member LLC can be an organization or an individual. Indonesia only knows the Company's Director, while there are President and a Director/General Director in Vietnam. The rights and obligations of the owner of an Individual LLC in Indonesia are not explicitly regulated, while Vietnam regulates it. It's possible to convert only an Individual LLC into a Capital Partnership LLC in Indonesia, while in Vietnam, it is possible to change either way. Evaluation and improvement of the regulation of Individual LLCs in Indonesia are urgently needed to create a firm legal umbrella for micro and small business actors. Faculty of Law, Universitas Pattimura Research and Community Service Institute at Pelita Harapan University (LPPM UPH) 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1735 10.47268/sasi.v30i1.1735 SASI; Volume 30 Issue 1, March 2024; 22 - 39 SASI; Volume 30 Issue 1, March 2024; 22 - 39 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1735/pdf Copyright (c) 2024 Shinta Pangesti, Debora Pasaribu, Elisabeth Ryanthie Maya Puteri http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1702 2025-05-13T06:32:16Z sasi:ART driver

Civil War in Yaman: Do Women and Children Have Human Rights Protection? Gunawan, Yordan Rahmanita, Fadhilah Ode, Mahazanni Najwa Al-Asyifa Conflict; Human Rights; Yemen Introduction: This article delves into the intricacies of the Yemen civil war, focusing on the human rights situation affecting women and children. The analysis underscores the severe challenges in safeguarding their rights due to limited access to essential services caused by the conflict. The article examines ongoing programs and policies to strengthen protection measures and reinforce global awareness of vulnerable populations in Yemen. Purposes of the Research: The research is dedicated to analyzing the gravity of the human rights crisis in civil war, especially for women and children. Highlighting the hardships they experience, proposing pragmatic solutions, and increasing international recognition of their plight. Identifying gaps in existing protection mechanisms, this research advocates for cooperative strategies that can ease the burden faced by the Yemeni and nurture a more promising future.Methods of the Research: Utilizes normative and legal methodologies to comprehensively explore the protection of human rights. A complete understanding of the challenges faced through a descriptive methodology, incorporating a literature review and case studies. Research information was drawn from relevant legal documents, media reports, and policy analysis.Results of the Research: The findings of this research unequivocally reveal that Yemeni women and children face enormous obstacles in securing their human rights in armed conflict. Acts such as murder, rape, and recruitment of child soldiers exacerbate this already dire situation. Engaging government and civil society efforts are urgently needed to advocate for and ensure the well-being of Yemeni women and children during this protracted conflict. Faculty of Law, Universitas Pattimura 2024-03-31 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1702 10.47268/sasi.v30i1.1702 SASI; Volume 30 Issue 1, March 2024; 1 - 21 SASI; Volume 30 Issue 1, March 2024; 1 - 21 2614-2961 1693-0061 10.47268/sasi.v30i1 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1702/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1702/314 Copyright (c) 2024 Yordan Gunawan, Fadhilah Rahmanita, Mahazanni Najwa Al-Asyifa Ode, Mohammad Hazyar Arumbinang http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1881 2025-05-13T06:32:00Z sasi:ART driver

Ius Constituendum Formulating Basic Values of Indigenous Peoples in Constitutional Amendments Buana, Andika Prawira Khalid, Hasbuddin Ma’ruf, Tri Abriana Constitutional Amendment; Customary Law Communities; Basic Principles. Introduction: 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.Purposes of the Research: 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.Methods of the Research: Normative legal research using case, concept and legislative approaches.Results of the Research: 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.. Faculty of Law, Universitas Pattimura 2023-12-18 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1881 10.47268/sasi.v29i4.1881 SASI; Volume 29 Issue 4, December 2023; 826-836 SASI; Volume 29 Issue 4, December 2023; 826-836 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1881/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1881/342 Copyright (c) 2023 Andika Prawira Buana, Hasbuddin Khalid, Tri Abriana Ma’ruf http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1790 2025-05-13T06:32:00Z sasi:ART driver

Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982 Tuhulele, Popi Waas, Richard Marsilio Makatita, Afrizal Anshari Reclamation; Legal Impact; UNCLOS 1982. Introduction: 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.Purposes of the Research: 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.Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura 2023-12-18 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1790 10.47268/sasi.v29i4.1790 SASI; Volume 29 Issue 4, December 2023; 813-825 SASI; Volume 29 Issue 4, December 2023; 813-825 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1790/pdf Copyright (c) 2023 Popi Tuhulele, Richard Marsilio Waas, Afrizal Anshari Makatita http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1785 2025-05-13T06:32:00Z sasi:ART driver

The Legal Consequences of Transferring Trade Secrets on Under Hand’s Scheme Suhardin, Yohanes Sitorus, Rolib Khuan, Hendri Manullang, Sardjana Orba Legal Consequences; Trade Secrets; Company; Sanctions; Underhand Introduction: 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.Purposes of the Research:  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. Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura 2023-12-18 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1785 10.47268/sasi.v29i4.1785 SASI; Volume 29 Issue 4, December 2023; 802-812 SASI; Volume 29 Issue 4, December 2023; 802-812 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1785/pdf Copyright (c) 2023 Yohanes Suhardin, Rolib Sitorus, Hendri Khuan, Sardjana Orba Manullang http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1779 2025-05-13T06:32:00Z sasi:ART driver

The Protection of Human Rights in the Case of Non-Criminal Narcotics Users Laksana, Andri Winjaya Human Rights; Narcotics; Crime; Non-Criminal; Health. Introduction: 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. Purposes of the Research:  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. Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura 2023-12-18 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1779 10.47268/sasi.v29i4.1779 SASI; Volume 29 Issue 4, December 2023; 790-801 SASI; Volume 29 Issue 4, December 2023; 790-801 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1779/pdf Copyright (c) 2023 Andri Winjaya Laksana http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1733 2025-05-13T06:32:00Z sasi:ART driver

The Sharia Funding Risk Issues in Fintech Securities Crowdfunding: Realization of Legal Certainty in the Shari'ah Perspective Alhadiansyah, Alhadiansyah Djun'astuti, Erni Susila, Sugeng Marnita, Marnita Aprilsesa, Tri Dian Financial Services Authority; Capital Markets; Sharia Investment; Funding. Introduction: 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.Purposes of the Research: To 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.Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura 2023-11-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1733 10.47268/sasi.v29i4.1733 SASI; Volume 29 Issue 4, December 2023; 777-789 SASI; Volume 29 Issue 4, December 2023; 777-789 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1733/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1733/317 Copyright (c) 2023 Alhadiansyah Alhadiansyah, Erni Djun'astuti, Sugeng Susila, Marnita Marnita, Tri Dian Aprilsesa http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1623 2025-05-13T06:32:00Z sasi:ART driver

The Renewal of National Criminal Law: An Analysis of the Pancasila Law Philosophy Fajrin, Yaris Adhial Kurniawan, Kukuh Dwi Ishwara, Ade Sathya Sanathana Philosophy of law; Pancasila; Criminal Law Reform Introduction: 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.Purposes of the Research: Reflection on criminal law renewal in terms of the legal philosophy of Pancasila.Methods of the Research: Normative legal research with conceptual, statutory and philosophical approaches.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Muhammadiyah Malang University, Malang Faculty of Law Mataram University, Mataram 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1623 10.47268/sasi.v29i4.1623 SASI; Volume 29 Issue 4, December 2023; 645-655 SASI; Volume 29 Issue 4, December 2023; 645-655 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1623/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1623/272 Copyright (c) 2023 Yaris Adhial Fajrin, Kukuh Dwi Kurniawan, Ade Sathya Sanathana Ishwara http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1736 2025-05-13T06:32:00Z sasi:ART driver

The Ius Constituendum of Inter-agency Synergy Arrangements Related to Natural Disaster Mitigation and Action Pramono, Joko Wangi, Maya Sekar Setiodjati, Josef Purwadi Kusumastuti, Dora Ibrahim, Ahmad Zubir Ius Constituendum; Mitigation; Synergy; Natural Disasters. Introduction: 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.Purposes of the Research:  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.Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Social and Political Sciences Slamet Riyadi University, Surakarta Utara Malaysia University, Kuala Lumpur 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1736 10.47268/sasi.v29i4.1736 SASI; Volume 29 Issue 4, December 2023; 765-776 SASI; Volume 29 Issue 4, December 2023; 765-776 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1736/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1736/318 Copyright (c) 2023 Joko Pramono, Maya Sekar Wangi, Josef Purwadi Setiodjati, Dora Kusumastuti, Ahmad Zubir Ibrahim http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1722 2025-05-13T06:32:00Z sasi:ART driver

The Legal Protection for Folk Songs from Unknown Origin: Orientation and Formulation in the Perspective of Legal Cybernetics Indrawan, I Komang Gede Kurniawan, I Gede Agus Regional Songs; Legal Cybernetics; Unknown Origin Introduction: 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.Purposes of the Research: This study aims to analyze and at the same time seek legal protection through special arrangements regarding regional songs whose regional origins are unclear.Methods of the Research: Normative legal research with a conceptual and statutory approach.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Pendidikan Nasional University, Denpasar 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1722 10.47268/sasi.v29i4.1722 SASI; Volume 29 Issue 4, December 2023; 755-764 SASI; Volume 29 Issue 4, December 2023; 755-764 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1722/pdf Copyright (c) 2023 I Komang Gede Indrawan, I Gede Agus Kurniawan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1720 2025-05-13T06:32:00Z sasi:ART driver

Enigma of the Idea from Extending the Village Head Period: Orientation and Implications in a Constitutional Perspective Hudah, Komsih Rustan, Ahmad Irwansyah, Irwansyah Village Chief; Enigma; Constitution; Democracy Introduction: 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.Purposes of the Research:  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.Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Muhammadiyah Kendari University, Kendari 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1720 10.47268/sasi.v29i4.1720 SASI; Volume 29 Issue 4, December 2023; 740-754 SASI; Volume 29 Issue 4, December 2023; 740-754 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1720/pdf Copyright (c) 2023 Komsih Hudah, Ahmad Rustan, Irwansyah Irwansyah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1708 2025-05-13T06:32:00Z sasi:ART driver

Implementation of Mediation Effort For Settlement At The Class Ia Religious Court In Jayapura Ingratubun, Husni Ingratubun, Fitri Family; Conflict; Mediation; Justice Introduction: In handling cases, mediation is the most important series in the overall handling of judicial cases.Purposes of the Research: 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.Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Doktor Husni Ingratubun Papua University, Jayapura 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1708 10.47268/sasi.v29i4.1708 SASI; Volume 29 Issue 4, December 2023; 717-739 SASI; Volume 29 Issue 4, December 2023; 717-739 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1708/pdf Copyright (c) 2023 Husni Ingratubun, Fitri Ingratubun http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1697 2025-05-13T06:32:00Z sasi:ART driver

Indonesian Criminal Code, Living Law and Control in Law Enforcement in Indonesia Selajar, Sophian Yahya Martha, Aroma Elmina Indonesian Criminal Code; Living Law; Social Control; Law Enforcement. Introduction: The inclusion of the Living Law concept in the latest Criminal Code as a law that lives in society.Purposes of the Research:  This paper analyzes the dialectic of legal certainty according to the principle of legality with living law as the principle of substantive justice in criminal law reform, from the perspective of law as a mechanism of social control and its influence on the dynamics of criminal law enforcement in Indonesia.Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura Postgraduate Doctoral Program Indonesian Islamic University, Yogyakarta 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1697 10.47268/sasi.v29i4.1697 SASI; Volume 29 Issue 4, December 2023; 705-716 SASI; Volume 29 Issue 4, December 2023; 705-716 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1697/pdf Copyright (c) 2023 Sophian Yahya Selajar, Aroma Elmina Martha http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1693 2025-05-13T06:32:00Z sasi:ART driver

Digital Services of Public Government Administration In The Industrial Revolution 4.0 Kurniawan, Mulyono Khalimi, Khalimi Legal Certainty; Industrial Revolution 4.0; E-Government. Introduction: 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.. Purposes of the Research: This study aims to analyze the legal uncertainty that occurred in the implementation of e-government in the Industrial Revolution 4.0 era. Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law 17Agustus 1945 University, Jakarta 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1693 10.47268/sasi.v29i4.1693 SASI; Volume 29 Issue 4, December 2023; 691-704 SASI; Volume 29 Issue 4, December 2023; 691-704 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1693/pdf Copyright (c) 2023 Mulyono Kurniawan, Khalimi Khalimi http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1688 2025-05-13T06:32:00Z sasi:ART driver

From Punishment to Healing: The Transformative Power of Restorative Justice Karimullah, Suud Sarim Punishment; Restorative Justice; Criminal Justice. Introduction: 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.Purposes of the Research:  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. Methods of the Research: 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.Results of the Research: 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. Faculty of Law, Universitas Pattimura Institute of Social Science Gümüşhane University, Türkiye 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1688 10.47268/sasi.v29i4.1688 SASI; Volume 29 Issue 4, December 2023; 678-690 SASI; Volume 29 Issue 4, December 2023; 678-690 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1688/pdf Copyright (c) 2023 Suud Sarim Karimullah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1681 2025-05-13T06:32:00Z sasi:ART driver

The Government Legal Warranty for Consumers in The Purchase of Property in Indonesia Subekti, Subekti Sidarta, Dudik Djaja Marwiyah, Siti Suyanto, Suyanto Ismail, Nazli bin Consumers; Government; Legal Warranty. Introduction: The 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.Purposes of the Research: The purpose of this study is to analyze and find problems with house sale and purchase contracts based on the Sale and Purchase AgreementMethods of the Research: 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. Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Dr. Soetomo University, Surabaya Faculty of Law Gresik University, Gresik Faculty of Law and Internasional Relations, Sultan Zainal Abidin University, Terengganu 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1681 10.47268/sasi.v29i4.1681 SASI; Volume 29 Issue 4, December 2023; 667-677 SASI; Volume 29 Issue 4, December 2023; 667-677 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1681/pdf Copyright (c) 2023 Subekti Subekti, Dudik Djaja Sidarta, Siti Marwiyah, Suyanto Suyanto, Nazli Bin Ismail http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1639 2025-05-13T06:32:00Z sasi:ART driver

The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review Lumentut, Lisma Palullungan, Liberthin Business Judgment Rule: Progressive Law; Individual Company. Introduction: 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.Purposes of the Research: 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.Methods of the Research: Normative law with a concept and statutory approach.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Indonesia Paulus Christian University, Makassar 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1639 10.47268/sasi.v29i4.1639 SASI; Volume 29 Issue 4, December 2023; 656-666 SASI; Volume 29 Issue 4, December 2023; 656-666 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1639/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1639/283 Copyright (c) 2023 Lisma Lumentut, Liberthin Palullungan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1580 2025-05-13T06:32:00Z sasi:ART driver

The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation Flora, Henny Saida Khomaini, Khomaini Wibowo, Dwi Edi Hoax; Restorative Justice; Criminal Act. Introduction: 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.Purposes of the Research: The urgency and formulation of the application of restorative justice in the crime of spreading hoax information on social media.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law Saint Thomas Catholic University, Medan Faculty of Law Pembinaan Masyarakat Indonesia University Faculty of Law Pekalongan University, Pekalongan 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1580 10.47268/sasi.v29i4.1580 SASI; Volume 29 Issue 4, December 2023; 633-644 SASI; Volume 29 Issue 4, December 2023; 633-644 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1580/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1580/266 Copyright (c) 2023 Henny Saida Flora, Khomaini Khomaini, Dwi Edi Wibowo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1533 2025-05-13T06:32:00Z sasi:ART driver

Special Protection For Whistleblowers In Disclosing Money Laundering In Indonesia Hasbi, Mhd. Ansari, Ansari Hamdani, Muhammad Faisal Protection; Disclosing; Money Laundering. Introduction: 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. Purposes of the Research:  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.Method 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 : 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. Faculty of Law, Universitas Pattimura Postgraduate Doctoral Program North Sumatra State Islamic University, Medan 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1533 10.47268/sasi.v29i4.1533 SASI; Volume 29 Issue 4, December 2023; 623-632 SASI; Volume 29 Issue 4, December 2023; 623-632 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1533/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1533/261 https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1533/262 Copyright (c) 2023 Mhd. Hasbi, Ansari Ansari, Muhammad Faisal Hamdani http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1530 2025-05-13T06:32:00Z sasi:ART driver

The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice Hamamah, Fatin Responsibility; Compensation; Restitution; Dignified Justice. Introduction: 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.Purposes of the Research:  The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.Results of the Research: 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. Faculty of Law, Universitas Pattimura Faculty of Law 17 Agustus 1945 University, Cirebon 2023-10-30 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1530 10.47268/sasi.v29i4.1530 SASI; Volume 29 Issue 4, December 2023; 616-622 SASI; Volume 29 Issue 4, December 2023; 616-622 2614-2961 1693-0061 10.47268/sasi.v29i4 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1530/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1530/257 Copyright (c) 2023 Fatin Hamamah http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1529 2025-05-13T06:31:46Z sasi:ART driver

Existence of Performing Rights: An Analysis of Implications and Orientations for Café Singers Prayogi, Akhwan Kurniawan, I Gede Agus Copyright; Performing Rights; Royalties. Introduction: Performing rights are rights attached to copyright as an integral part of the creation of a work. In the context of copyrights to songs or music, performing rights relate to the need to pay royalties to songwriters or music for attempts to use songs or music commercially.Purposes of the Research: Implications of performing rights for café singers to continue paying royalties based on statutory regulations and how the performing rights orientation for café singers is ideal in ensuring justice for songwriters or music as well as for café singers.Methods of the Research: Normative legal research with a concept and statutory approach.Results of the Research: The implications of performing rights for café singers to continue paying royalties based on statutory regulations, namely that there is no legal certainty for café singers because there is no specific regulation governing them. The performing rights orientation for café singers is ideal in ensuring justice, namely by excluding royalty payments for café singers because the commercialization impact received by café singers is not large and only sufficient to make ends meet. Faculty of Law, Universitas Pattimura Faculty of Law National Education University, Denpasar 2023-09-22 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1529 10.47268/sasi.v29i3.1529 SASI; Volume 29 Issue 3, September 2023; 605-615 SASI; Volume 29 Issue 3, September 2023; 605-615 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1529/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1529/256 Copyright (c) 2023 Akhwan Prayogi, I Gede Agus Kurniawan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1504 2025-05-13T06:31:46Z sasi:ART driver

Establishment of The Law On The Seizure of Assets Resulting From Money Laundering Based On Fair Law Enforcement In Indonesia Sitompul, Ariman Hasibuan, Edi Saputra Asset Seizure; Money Laundering; UNCAC. Introduction: The realization of Parliament's desire to support asset seizure efforts, currently there is a discourse to regulate the seizure of assets resulting from criminal offenses in a separate law. The proposal to form a law on the expropriation of assets resulting from criminal acts is seen in the agreement to include a draft law on the expropriation of assets resulting from criminal acts in the National Legislation 2009-2014.Purposes of the Research: The purpose of this study is to explain the paradigm that the importance of the establishment of asset seizure laws in money laundering.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 urgency of establishing a special asset seizure law for money laundering is an inadequate mechanism. Adequate mechanisms in asset seizure efforts are expected to use the mechanisms contained in the UNCAC so that asset seizure in Indonesia will run effectively. Faculty of Law, Universitas Pattimura Postgraduate Master Program in Law Dharmawangsa University, Medan Faculty of Law Bhayangkara Jakarta Raya University, Jakarta 2023-09-22 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1504 10.47268/sasi.v29i3.1504 SASI; Volume 29 Issue 3, September 2023; 596-604 SASI; Volume 29 Issue 3, September 2023; 596-604 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1504/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1504/251 https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1504/252 Copyright (c) 2023 Ariman Sitompul, Edi Saputra Hasibuan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1477 2025-05-13T06:31:46Z sasi:ART driver

Maritime Dispute Resolution With Mediation Techniques Gayo, Sabela Mediation; Maritime; Dispute. Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.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: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution. Faculty of Law, Universitas Pattimura Faculty of Law Bhayangkara Jakarta Raya University, Jakarta 2023-09-22 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1477 10.47268/sasi.v29i3.1477 SASI; Volume 29 Issue 3, September 2023; 589-595 SASI; Volume 29 Issue 3, September 2023; 589-595 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1477/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1477/244 https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1477/245 Copyright (c) 2023 Sabela Gayo http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1467 2025-05-13T06:31:46Z sasi:ART driver

Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java Kusmayanti, Hazar Kania, Dede Sulastri, Dewi Suhartini, Endeh Rajamanickam, Ramalinggam Magic Religious; Marriage; Sunda Wiwitan. Introduction:  The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research:  In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia). Faculty of Law, Universitas Pattimura 2023-09-22 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1467 10.47268/sasi.v29i3.1467 SASI; Volume 29 Issue 3, September 2023; 579-588 SASI; Volume 29 Issue 3, September 2023; 579-588 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1467/pdf Copyright (c) 2023 Hazar Kusmayanti, Dede Kania, Dewi Sulastri, Endeh Suhartini, Ramalinggam Rajamanickam. http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1393 2025-05-13T06:31:46Z sasi:ART driver

The Use of Artificial Intelligence in Dispute Resolution Through Arbitration: The Potential and Challenges Agus, Agus Sudirman, Sudirman Umar, Wahyudi Rustan, Ahmad Artificial Intelligence (AI); Dispute Resolution; Arbitration Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies. Faculty of Law, Universitas Pattimura 2023-09-22 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1393 10.47268/sasi.v29i3.1393 SASI; Volume 29 Issue 3, September 2023; 570-578 SASI; Volume 29 Issue 3, September 2023; 570-578 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1393/pdf Copyright (c) 2023 Agus Agus, Sudirman Sudirman, Wahyudi Umar, Ahmad Rustan http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1292 2025-05-13T06:31:46Z sasi:ART driver

Legal Consequences of Making a Notary's Cover Note in the Implementation of Notary's Duties Lubis, Ikhsan Murwadji, Tarsisius Sunarmi, Sunarmi Sukarja, Detania Cover Note; Notary; Legal Consequences; Notary Office Act. Introduction: One of the legal goods provided by a notary is a cover note, which is a statement in the management of a deed or a notarial document stating that the deed is in progress and can be finished within the time set by the cover note.Purposes of the Research:  A notary certificate is referred to as a cover note, as a substitute for the process of obtaining a certificate from a notary public, land title guarantees can be replaced temporarily depending on needs and developments. Notaries can make issue cover notes, which have legal consequences and make legal norms null and void. The legal basis for making and issuing cover notes is not yet known. This paper discusses two matters: What legal authority does a notary have to issue a cover note? What are the legal consequences of publishing a cover note by a notary? Methods of the Research: This is typical of legal writings that take a legal approach and examine legal concepts. In socio legal research, research begins with a hypothesis. After formulating the hypotheses, the hypotheses are tested. Data collection techniques in socio legal research are carried out through interviews, observation, questionnaires and document analysis.Results of the Research: However, notaries are allowed to issue and make cover notes because it is a form of agreement. This paper concludes that there is no legal basis for regulating cover notes. If the duties and authorities do not comply with the contents of the cover note, the law will result in a violation of Article 1366 of the Criminal Code. Faculty of Law, Universitas Pattimura 2023-09-22 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1292 10.47268/sasi.v29i3.1292 SASI; Volume 29 Issue 3, September 2023; 557-569 SASI; Volume 29 Issue 3, September 2023; 557-569 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1292/pdf Copyright (c) 2023 Ikhsan Lubis, Tarsisius Murwadji, Sunarmi Sunarmi, Detania Sukarja http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1528 2025-05-13T06:31:46Z sasi:ART driver

The Essence of Legal Protection of Personal Data of Customers In Banking Transactions Haliwela, Nancy Silvana Personal Data; Banking; Legal Protection Introduction: Banks as an institution are not only required to protect customer funds but are also obliged to maintain the confidentiality of customer personal data.Purposes of the Research: This paper aims to examine the regulations governing the protection of customers' personal data and to examine the supervision and law enforcement of the protection of banking customers' personal data.Methods of the Research: This research uses normative legal research methods with a statutory approach, conceptual approach, and case approach. The statutory approach relates to legislation on personal data protection and banking. The conceptual approach relates to the concepts of banking and personal data protection. The case approach relates to cases of supervision and law enforcement of violations or crimes of personal data of banking customers.Results of the Research: The results show that regulations governing customer data protection are contained in various laws and regulations related to personal data protection and banking and other technical regulations. In addition, the study results also show that supervision of the protection of personal data of banking customers has been carried out by three institutions that have supervisory authority, namely Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. Law enforcement against violations and crimes against customers' personal data still faces challenges, because although there are many cases of crimes using customers' personal data, only a few can be enforced against crimes against customers' personal data. Faculty of Law, Universitas Pattimura Faculty of Law Pattimura University, Ambon 2023-06-14 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1528 10.47268/sasi.v29i3.1528 SASI; Volume 29 Issue 3, September 2023; 548-556 SASI; Volume 29 Issue 3, September 2023; 548-556 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1528/pdf Copyright (c) 2023 Nancy Silvana Haliwela http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1509 2025-05-13T06:31:46Z sasi:ART driver

The Future of National Security Law: Urgence and Ideas Kriswanto, Kriswanto Rizqi, Alda Rifada Huda, Muhammad Maftahul National Security; Legal Vacuum; Sishankamrata Introduction: Sishankamrata is Indonesia's defence and security system that optimizes all nation components to maintain its existence. Sishankamrata emphasizes the collaboration and participation of citizens and related institutions. However, there was a legal vacuum before the National Security Law was enactedPurposes of the Research: This study seeks to discuss and analyze the urgency of the formation of the National Security Law to make the implementation of Sishankamrata successful.Methods of the Research: This research is normative legal research with a statutory and conceptual approach. The legal materials in this study include the 1945 Constitution of the Republic of Indonesia and the law governing national defence as the primary legal material. Secondary legal materials include books, articles, and research results. Non-legal materials include all non-legal studies related to national defence.Results of the Research: The results of the study confirm that the legal vacuum of the National Security Law needs to be overcome with the immediate ratification of the Law by emphasizing the urgency of enacting the Law through political will between the President and the DPR. In the future formulation, the Law must be reviewed formally and materially, especially by involving community participation and substantively guaranteeing the rights of the community in Sishankamrata. Faculty of Law, Universitas Pattimura Faculty of Law Mathla'ul Anwar University of Banten, Banten College of Law Bandung, Bandung Faculty of Law Jember University, Jember 2023-06-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1509 10.47268/sasi.v29i3.1509 SASI; Volume 29 Issue 3, September 2023; 535-547 SASI; Volume 29 Issue 3, September 2023; 535-547 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1509/pdf Copyright (c) 2023 Kriswanto Kriswanto, Alda Rifada Rizqi, Muhammad Maftahul Huda http://creativecommons.org/licenses/by-nc/4.0

oai:ojs.fhukum.unpatti.ac.id:article/1505 2025-05-13T06:31:46Z sasi:ART driver

The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation Maisa, Maisa Akbar, Muhammad Samsuria, Samsuria Lestiawati, Ida Geographical Indications; Intellectual Property; Indigenous Peoples. Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications.Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications.Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions.Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples. Faculty of Law, Universitas Pattimura Faculty of Law Muhammadiyah Palu University, Palu Datokarama State Islamic University, Palu 2023-06-12 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1505 10.47268/sasi.v29i3.1505 SASI; Volume 29 Issue 3, September 2023; 524-534 SASI; Volume 29 Issue 3, September 2023; 524-534 2614-2961 1693-0061 10.47268/sasi.v29i3 eng https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/1505/pdf https://fhukum.unpatti.ac.id/jurnal/sasi/article/downloadSuppFile/1505/253 Copyright (c) 2023 Maisa Maisa, Muhammad Akbar, Samsuria Samsuria, Ida Lestiawati http://creativecommons.org/licenses/by-nc/4.0 5e79a055e38a56d0724f79021c12ff16