Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1580
Henny Saida Flora, Khomaini Khomaini, Dwi Edi Wibowo
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.
{"title":"The Restorative Justice Orientation to Hoax Spreaders on Social Media: Urgency and Formulation","authors":"Henny Saida Flora, Khomaini Khomaini, Dwi Edi Wibowo","doi":"10.47268/sasi.v29i4.1580","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1580","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"941 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1720
Komsih Hudah, Ahmad Rustan, Irwansyah Irwansyah
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.
{"title":"Enigma of the Idea from Extending the Village Head Period: Orientation and Implications in a Constitutional Perspective","authors":"Komsih Hudah, Ahmad Rustan, Irwansyah Irwansyah","doi":"10.47268/sasi.v29i4.1720","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1720","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"955 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1736
Joko Pramono, Maya Sekar Wangi, Josef Purwadi Setiodjati, Dora Kusumastuti, Ahmad Zubir Ibrahim
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.
{"title":"The Ius Constituendum of Inter-agency Synergy Arrangements Related to Natural Disaster Mitigation and Action","authors":"Joko Pramono, Maya Sekar Wangi, Josef Purwadi Setiodjati, Dora Kusumastuti, Ahmad Zubir Ibrahim","doi":"10.47268/sasi.v29i4.1736","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1736","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136068113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1530
Fatin Hamamah
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.
{"title":"The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice","authors":"Fatin Hamamah","doi":"10.47268/sasi.v29i4.1530","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1530","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1708
Husni Ingratubun, Fitri Ingratubun
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.
{"title":"Implementation of Mediation Effort For Settlement At The Class Ia Religious Court In Jayapura","authors":"Husni Ingratubun, Fitri Ingratubun","doi":"10.47268/sasi.v29i4.1708","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1708","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136103124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1533
Mhd. Hasbi, Ansari Ansari, Muhammad Faisal Hamdani
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.
{"title":"Special Protection For Whistleblowers In Disclosing Money Laundering In Indonesia","authors":"Mhd. Hasbi, Ansari Ansari, Muhammad Faisal Hamdani","doi":"10.47268/sasi.v29i4.1533","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1533","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"45 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136104212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1688
Suud Sarim Karimullah
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.
{"title":"From Punishment to Healing: The Transformative Power of Restorative Justice","authors":"Suud Sarim Karimullah","doi":"10.47268/sasi.v29i4.1688","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1688","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"23 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136102348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-30DOI: 10.47268/sasi.v29i4.1639
Lisma Lumentut, Liberthin Palullungan
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.
{"title":"The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review","authors":"Lisma Lumentut, Liberthin Palullungan","doi":"10.47268/sasi.v29i4.1639","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1639","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"6 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136103701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.47268/sasi.v29i3.1529
Akhwan Prayogi, I Gede Agus Kurniawan
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.
{"title":"Existence of Performing Rights: An Analysis of Implications and Orientations for Café Singers","authors":"Akhwan Prayogi, I Gede Agus Kurniawan","doi":"10.47268/sasi.v29i3.1529","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1529","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136011538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.47268/sasi.v29i3.1504
Ariman Sitompul, Edi Saputra Hasibuan
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.
{"title":"Establishment of The Law On The Seizure of Assets Resulting From Money Laundering Based On Fair Law Enforcement In Indonesia","authors":"Ariman Sitompul, Edi Saputra Hasibuan","doi":"10.47268/sasi.v29i3.1504","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1504","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"231 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136010527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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