Pub Date : 2023-06-12DOI: 10.47268/sasi.v29i3.1275
M. Bima
Introduction: This article analyzes the regulation legislation related to the transition of employee Commission Eradication Corruption (CEC) became Apparatus Civil State (ACS). Based on the mandate of the CEC Law, it assesses CEC employees through National Insight Test (NIT) to measure integrity, neutrality, and radicalism, on March 18 until 09 April 2021 against thousand three hundred and fifty-one CEC employees. However, the implementation of NIT reaped the pros and cons.Purposes of the Research: This study aims to analyze the validity test outlook nationality in the transfer of employee status Commission Eradication Corruption Becomes Apparatus Civil State and employee status Commission Eradication Corruption that does not pass the test outlook nationality based on regulation legislation.Methods of the Research: The method used in the study is method research law normative with analysis data descriptive-prescriptive, using approach statutes and conceptual approach.Results of the Research: The results of the research show the validity of NIT already based on Constitutional Court Decision Number: 34/PUU-XIX/2021, Law Number 19 of 2019, Law Number 5 of 2014, Government Regulation No. 41 of 2021, Supreme Court Decision Number 2 P/HUM/2020, Regulation of the Minister of Administrative Reform and Bureaucratic Reform of the Republic of Indonesia Number 61 of 2018, and CEC Regulation Number 1 of 2021. The status of CEC employees who do not pass the NIT is terminated based on CEC Decree Number 1354 of 2021. The study concludes that it results from NIT already corresponding Supreme Court decision Number 34/PUU-XIX/2021, and Law Number 19 of 2019 concerning the CEC. The Recommendation for this study is National Insight Test should be more transparent, consider the Constitutional Court's decision, and direct the president.
{"title":"Diversion of Corruption Eradication Commission of The Republic of Indonesia Employees To State Civil Apparatus","authors":"M. Bima","doi":"10.47268/sasi.v29i3.1275","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1275","url":null,"abstract":"Introduction: This article analyzes the regulation legislation related to the transition of employee Commission Eradication Corruption (CEC) became Apparatus Civil State (ACS). Based on the mandate of the CEC Law, it assesses CEC employees through National Insight Test (NIT) to measure integrity, neutrality, and radicalism, on March 18 until 09 April 2021 against thousand three hundred and fifty-one CEC employees. However, the implementation of NIT reaped the pros and cons.Purposes of the Research: This study aims to analyze the validity test outlook nationality in the transfer of employee status Commission Eradication Corruption Becomes Apparatus Civil State and employee status Commission Eradication Corruption that does not pass the test outlook nationality based on regulation legislation.Methods of the Research: The method used in the study is method research law normative with analysis data descriptive-prescriptive, using approach statutes and conceptual approach.Results of the Research: The results of the research show the validity of NIT already based on Constitutional Court Decision Number: 34/PUU-XIX/2021, Law Number 19 of 2019, Law Number 5 of 2014, Government Regulation No. 41 of 2021, Supreme Court Decision Number 2 P/HUM/2020, Regulation of the Minister of Administrative Reform and Bureaucratic Reform of the Republic of Indonesia Number 61 of 2018, and CEC Regulation Number 1 of 2021. The status of CEC employees who do not pass the NIT is terminated based on CEC Decree Number 1354 of 2021. The study concludes that it results from NIT already corresponding Supreme Court decision Number 34/PUU-XIX/2021, and Law Number 19 of 2019 concerning the CEC. The Recommendation for this study is National Insight Test should be more transparent, consider the Constitutional Court's decision, and direct the president.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45245251","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 : 2023-06-12DOI: 10.47268/sasi.v29i3.1390
U. Hasanah, Mhd. Syahnan, Dhiauddin Tanjung
Introduction: In the Marriage Act has been formulated several principles of marriage, one of which is the principle of marriage in terms of age of marriage. In accordance with the provisions, it is confirmed that the age of marriage for men and women is 19 (nineteen) years. Furthermore, if there are irregularities regarding the parties who have not reached the specified age, it is permissible to apply for a marriage dispensation to the Religious Court.Purposes of the Research: This study aims to determine and analyze the rules of the game in terms of marriage in which to conceptualize the provisions of the marriage dispensation with the aim of reducing early marriage in Indonesia.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 problem of early marriage is usually included in the category of children where the child is someone who is not yet eighteen years old, including children who are still in the womb. Therefore, it is necessary to consider the physical and spiritual maturity that makes it possible to carry out her duties as a wife and as a mother as well as possible, if it is used as the best benchmark for a daughter to carry out a marriage. in accordance with the circumstances in Indonesia the lowest limit for a girl is 18 years.
{"title":"Reconceptualization of Marriage Dispensation Provisions In Religious Courts (Solution To Reduce The Number of Early Marriages In Indonesia)","authors":"U. Hasanah, Mhd. Syahnan, Dhiauddin Tanjung","doi":"10.47268/sasi.v29i3.1390","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1390","url":null,"abstract":"Introduction: In the Marriage Act has been formulated several principles of marriage, one of which is the principle of marriage in terms of age of marriage. In accordance with the provisions, it is confirmed that the age of marriage for men and women is 19 (nineteen) years. Furthermore, if there are irregularities regarding the parties who have not reached the specified age, it is permissible to apply for a marriage dispensation to the Religious Court.Purposes of the Research: This study aims to determine and analyze the rules of the game in terms of marriage in which to conceptualize the provisions of the marriage dispensation with the aim of reducing early marriage in Indonesia.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 problem of early marriage is usually included in the category of children where the child is someone who is not yet eighteen years old, including children who are still in the womb. Therefore, it is necessary to consider the physical and spiritual maturity that makes it possible to carry out her duties as a wife and as a mother as well as possible, if it is used as the best benchmark for a daughter to carry out a marriage. in accordance with the circumstances in Indonesia the lowest limit for a girl is 18 years.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44254977","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 : 2023-06-12DOI: 10.47268/sasi.v29i3.1236
Susilo Kurniawan Yeo
Introduction: While there is a high demand for aesthetic services in Indonesia, the regulations governing them have yet to be fully established. As a result, general practitioners who wish to offer these services must navigate a complex legal landscape. This article explores the legal aspects for general practitioners looking to provide aesthetic services in Indonesia, offering valuable insights for those seeking to enter this growing field.Purposes of the Research: This study aims to analyze the position and status of general practitioners who provide aesthetic services in Indonesia.Methods of the Research: To achieve these objectives, the author uses normative legal research methods with analytical approach. This study uses secondary data consisting of primary legal materials and secondary legal materials obtained through literature study.Results of the Research: The results of the study indicate that general practitioners are allowed to provide aesthetic services in accordance with defined and undefined competencies if they have attended education and training for these competencies which is organized by professional association and other institutions accredited by professional association.
{"title":"General Practitioner who Provides Aesthetic Services from an Indonesian Law Perspective","authors":"Susilo Kurniawan Yeo","doi":"10.47268/sasi.v29i3.1236","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1236","url":null,"abstract":"Introduction: While there is a high demand for aesthetic services in Indonesia, the regulations governing them have yet to be fully established. As a result, general practitioners who wish to offer these services must navigate a complex legal landscape. This article explores the legal aspects for general practitioners looking to provide aesthetic services in Indonesia, offering valuable insights for those seeking to enter this growing field.Purposes of the Research: This study aims to analyze the position and status of general practitioners who provide aesthetic services in Indonesia.Methods of the Research: To achieve these objectives, the author uses normative legal research methods with analytical approach. This study uses secondary data consisting of primary legal materials and secondary legal materials obtained through literature study.Results of the Research: The results of the study indicate that general practitioners are allowed to provide aesthetic services in accordance with defined and undefined competencies if they have attended education and training for these competencies which is organized by professional association and other institutions accredited by professional association.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41763495","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}
Introduction: Technological developments have an impact on today's business world, which is buying and selling activities carried out through Instagram.Purposes of the Research: The purpose of this study is to examine the perspective of civil law books regarding the phenomenon of buying and selling via Instagram and analyzing the best solution so that buying and selling activities via Instagram do not violate the law.Methods of the Research: The method in this study is normative juridical which uses a library approach. In answering the formulation of the problem, the juridical basis is used, namely the civil law code book and the theoretical basis, namely modern contract law theory.Results of the Research: Based on research results, buying and selling activities via Instagram are very difficult to fulfill the legal requirements of an agreement as stipulated in the civil law code. This has also led to many cases of law violations through Instagram. Therefore, it is necessary to apply the principle of good faith in the buying and selling process on Instagram.
{"title":"Sale Purchase Agreement Through Instagram: How Is The View Of The Civil Law?","authors":"Shenti Agustini, Elza Syarief, Agustianto Agustianto","doi":"10.47268/sasi.v29i3.1342","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1342","url":null,"abstract":"Introduction: Technological developments have an impact on today's business world, which is buying and selling activities carried out through Instagram.Purposes of the Research: The purpose of this study is to examine the perspective of civil law books regarding the phenomenon of buying and selling via Instagram and analyzing the best solution so that buying and selling activities via Instagram do not violate the law.Methods of the Research: The method in this study is normative juridical which uses a library approach. In answering the formulation of the problem, the juridical basis is used, namely the civil law code book and the theoretical basis, namely modern contract law theory.Results of the Research: Based on research results, buying and selling activities via Instagram are very difficult to fulfill the legal requirements of an agreement as stipulated in the civil law code. This has also led to many cases of law violations through Instagram. Therefore, it is necessary to apply the principle of good faith in the buying and selling process on Instagram.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41775906","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 : 2023-06-12DOI: 10.47268/sasi.v29i3.1509
Kriswanto Kriswanto, Alda Rifada Rizqi, Muhammad Maftahul Huda
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.
{"title":"The Future of National Security Law: Urgence and Ideas","authors":"Kriswanto Kriswanto, Alda Rifada Rizqi, Muhammad Maftahul Huda","doi":"10.47268/sasi.v29i3.1509","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1509","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44711467","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 : 2023-06-12DOI: 10.47268/sasi.v29i3.1329
M. Taufiq, Fradhana Putra Disantara
Introduction: Principle of the people's authoritative manifestation in mining activities must be a reference and guide by the state in formulating policies related to mining management.Purposes of the Research: This study aims to construct the people's authoritative manifestation principle in mining management. In addition, this study also focuses on an inclusive legal perspective and uses comparisons with Brazil and the United States.Methods of the Research: This research is normative legal research with the approaches used conceptual, comparative, and statutory approaches.Results of the Research: The study results confirm that the efforts to actualize the principle of authoritative manifestation of the people in an inclusive legal perspective can be carried out with an integrated mining licensing system that takes into account the aspirations and input of the community, the need for community participation and involvement in every mining management activity, and the need for protection and empowerment, especially for communities around mining and in particular again to customary law communities who have local wisdom to manage local resources in their area so that their existence is maintained even though there is mining activity.
{"title":"The Principle of People's Authoritative Manifestation in Mining Management: An Inclusive Legal Perspective","authors":"M. Taufiq, Fradhana Putra Disantara","doi":"10.47268/sasi.v29i3.1329","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1329","url":null,"abstract":"Introduction: Principle of the people's authoritative manifestation in mining activities must be a reference and guide by the state in formulating policies related to mining management.Purposes of the Research: This study aims to construct the people's authoritative manifestation principle in mining management. In addition, this study also focuses on an inclusive legal perspective and uses comparisons with Brazil and the United States.Methods of the Research: This research is normative legal research with the approaches used conceptual, comparative, and statutory approaches.Results of the Research: The study results confirm that the efforts to actualize the principle of authoritative manifestation of the people in an inclusive legal perspective can be carried out with an integrated mining licensing system that takes into account the aspirations and input of the community, the need for community participation and involvement in every mining management activity, and the need for protection and empowerment, especially for communities around mining and in particular again to customary law communities who have local wisdom to manage local resources in their area so that their existence is maintained even though there is mining activity.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48571843","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 : 2023-06-01DOI: 10.47268/sasi.v29i2.1584
Reimon Supusepa, M. G. Sopacua
Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime
{"title":"The Success of Diversion For Children Who In Conflict With The Law On Investigation Level","authors":"Reimon Supusepa, M. G. Sopacua","doi":"10.47268/sasi.v29i2.1584","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1584","url":null,"abstract":"Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42088136","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 : 2023-04-19DOI: 10.47268/sasi.v29i2.1185
Aarce Tehupeiory
Introduction: Various aspects regarding the importance of land often become conflicts in the society, such as land ownership status conflict, land tenure status conflict and compensation for land acquisition and usage. The forms of the legal mafia practice are brokers in buying and selling cases, bribes, illegal levies and land mafia due to inaccurate land data.Purposes of the Research: Explaining and analyzing how the state has handled cases of land mafia practices so far and the optimization of the role of the Land Mafia Task Force in preventing and eradicating the practice of the Land Mafia..Methods of the Research: The approach of the research is qualitative, verificative, evaluative, through statutory approach, and case approach. With documentation data collection techniques, audiovisual materials, and supported by interviews.Results of the Research: The handling of cases of land mafia practices through optimizing the role of the Land Mafia Task Force so far has never reflected the principle of prudence and respect for land rights holders. In handling land mafia cases, actions are often done arbitrarily to the detriment of the actual land rights holders that they do not reflect justice, balance, and does not protect the ownerships’ rights. The legal formula optimizes the role of the Land Mafia Task Force in preventing and eradicating land mafia practices, which is the formation of a Special Cross-Ministerial Team and Academics by making SOPs and technical instructions in carrying out activities to prevent and eradicate land mafia.
{"title":"Land Mafia Case Handling Through the Optimalization of Land Mafia Task Force Role","authors":"Aarce Tehupeiory","doi":"10.47268/sasi.v29i2.1185","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1185","url":null,"abstract":"Introduction: Various aspects regarding the importance of land often become conflicts in the society, such as land ownership status conflict, land tenure status conflict and compensation for land acquisition and usage. The forms of the legal mafia practice are brokers in buying and selling cases, bribes, illegal levies and land mafia due to inaccurate land data.Purposes of the Research: Explaining and analyzing how the state has handled cases of land mafia practices so far and the optimization of the role of the Land Mafia Task Force in preventing and eradicating the practice of the Land Mafia..Methods of the Research: The approach of the research is qualitative, verificative, evaluative, through statutory approach, and case approach. With documentation data collection techniques, audiovisual materials, and supported by interviews.Results of the Research: The handling of cases of land mafia practices through optimizing the role of the Land Mafia Task Force so far has never reflected the principle of prudence and respect for land rights holders. In handling land mafia cases, actions are often done arbitrarily to the detriment of the actual land rights holders that they do not reflect justice, balance, and does not protect the ownerships’ rights. The legal formula optimizes the role of the Land Mafia Task Force in preventing and eradicating land mafia practices, which is the formation of a Special Cross-Ministerial Team and Academics by making SOPs and technical instructions in carrying out activities to prevent and eradicate land mafia.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48844565","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 : 2023-04-19DOI: 10.47268/sasi.v29i2.1374
Abdullah Abdullah
Introduction: Religion Blasphemy has occasionally been committed in numerous media. Blasphemy instances that started out in print media have since proliferated in the virtual world thanks to numerous features and platforms. Because freedom of religion is guaranteed and protected by the Indonesian Constitution, anyone who blasphemes against a particular faith may face severe legal consequences.Purposes of the Research: This study aims at analyzing the offense of blasphemy against religion in the perspective of Islamic law and Indonesian law.Methods of the Research: This type of research is legalistic, doctrinal or normative. The approach used in normative or legalistic research include a concept approach, a statute approach, historical approach, case approach, and comparative approach. However, this study only uses comparative approach since it analyzes of regarding blasphemous crimes in perspective Indonesian and Islamic criminal laws.Results of the Research: The government enacted various laws and rules to maintain religious harmony. However, in terms of law enforcement, are the provisions most frequently used to charge those who commit religious blasphemy. Whereas from the standpoint of Islamic law, blasphemy can take the form of defiling (tadnis), insulting (istihza), ridiculing (syatama), insulting (saba), cursing (taq), and challenging Islamic principles as well as engaging in actions that diverge from Islamic teachings (bid'ah). The Qur'an and the Hadith contain prohibitions against blasphemous acts, but the means of punishment are found in the nomenclature of Ijtihad of the Ulama, which was later incorporated into the laws of many Islamic nations. As a result, the formulation of punishments for blasphemers varies greatly.
{"title":"The Crime of Blasphemy in Indonesia: A Comparative Study","authors":"Abdullah Abdullah","doi":"10.47268/sasi.v29i2.1374","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1374","url":null,"abstract":"Introduction: Religion Blasphemy has occasionally been committed in numerous media. Blasphemy instances that started out in print media have since proliferated in the virtual world thanks to numerous features and platforms. Because freedom of religion is guaranteed and protected by the Indonesian Constitution, anyone who blasphemes against a particular faith may face severe legal consequences.Purposes of the Research: This study aims at analyzing the offense of blasphemy against religion in the perspective of Islamic law and Indonesian law.Methods of the Research: This type of research is legalistic, doctrinal or normative. The approach used in normative or legalistic research include a concept approach, a statute approach, historical approach, case approach, and comparative approach. However, this study only uses comparative approach since it analyzes of regarding blasphemous crimes in perspective Indonesian and Islamic criminal laws.Results of the Research: The government enacted various laws and rules to maintain religious harmony. However, in terms of law enforcement, are the provisions most frequently used to charge those who commit religious blasphemy. Whereas from the standpoint of Islamic law, blasphemy can take the form of defiling (tadnis), insulting (istihza), ridiculing (syatama), insulting (saba), cursing (taq), and challenging Islamic principles as well as engaging in actions that diverge from Islamic teachings (bid'ah). The Qur'an and the Hadith contain prohibitions against blasphemous acts, but the means of punishment are found in the nomenclature of Ijtihad of the Ulama, which was later incorporated into the laws of many Islamic nations. As a result, the formulation of punishments for blasphemers varies greatly.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42075557","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 : 2023-04-19DOI: 10.47268/sasi.v29i2.1354
R. J. Akyuwen, M. A. H. Labetubun, Alvian Febriawan Pane
Introduction: Comics are also creations that are equally important in the copyright protection system. This is because the importance of protecting comics is not only related to the development of human culture and civilization, as well as supporting economic progress, but can also stimulate the creativi ty of creators with the existence of a comic copyright protection law.Purposes of the Research: Focuses on legal responsibility for comics that are published without permission from the creator, analysis of regulations and legal sanctions obtained for the creatorsParties who violate the copyright of comics by using online sites to take action against them.Methods of the Research: Using normative juridical research methods, or in other words normative legal research.Results of the Research: The results of this study are that the legal liability of parties or actors who publish copyrighted comics on online sites without the permission or approval of the Creator/Copyright Holder is civil and criminal liability, in civil liability, can be sued for compensation and in criminal liability. Legal protection for creators/copyright holders in the event that their comics are published on online sites without the consent of the copyright holder has the right to take legal action through litigation and non-litigation. These legal efforts are criminal and civil legal efforts.
{"title":"Copyright Legal Responsibility for Illustrated Literary Works (Comics) Published on Online Sites Without Author's Permission","authors":"R. J. Akyuwen, M. A. H. Labetubun, Alvian Febriawan Pane","doi":"10.47268/sasi.v29i2.1354","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1354","url":null,"abstract":"Introduction: Comics are also creations that are equally important in the copyright protection system. This is because the importance of protecting comics is not only related to the development of human culture and civilization, as well as supporting economic progress, but can also stimulate the creativi ty of creators with the existence of a comic copyright protection law.Purposes of the Research: Focuses on legal responsibility for comics that are published without permission from the creator, analysis of regulations and legal sanctions obtained for the creatorsParties who violate the copyright of comics by using online sites to take action against them.Methods of the Research: Using normative juridical research methods, or in other words normative legal research.Results of the Research: The results of this study are that the legal liability of parties or actors who publish copyrighted comics on online sites without the permission or approval of the Creator/Copyright Holder is civil and criminal liability, in civil liability, can be sued for compensation and in criminal liability. Legal protection for creators/copyright holders in the event that their comics are published on online sites without the consent of the copyright holder has the right to take legal action through litigation and non-litigation. These legal efforts are criminal and civil legal efforts.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44452923","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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