Pub Date : 2023-04-19DOI: 10.47268/sasi.v29i2.1229
Kunthi Tridewiyanti, Ricca Anggraeni, Suryanto Siyo, Henri Christian Pattinaja
Introduction: Discrimination against women from Indigenous Peoples in various ways of life including in the formation of national laws. This is due to the presence of a patriarchal culture which is reflected in laws and regulations both at the national and regional levels, thus showing injustice and inequality between men and women.Purposes of the Research: The purpose of this writing is to explain the importance of the participation of indigenous and tribal women in the formation of national law. The importance of this participation will contribute to the thought of a legal substance that provides equality and justiceMethods of the Research: This paper uses doctrinal research methods using a feminist legal theory approach.Results of the Research: The results and findings in this paper include, First, the voices and experiences of indigenous and tribal women are required in feminist legal theory to influence non-discriminatory legal norms in the formation of national law. Second, the participation of indigenous and tribal women as part of the Indonesian nation has a strategic position guaranteed by the constitution to carry out their role in forming national law. This is a prerequisite and a representation of the realization of democratic government and one of the other principles of good governance that is consistent and committed to prioritizing the interests of the nation and the State.
{"title":"Participation of Women From Indigenous Peoples in the Formation of National Law","authors":"Kunthi Tridewiyanti, Ricca Anggraeni, Suryanto Siyo, Henri Christian Pattinaja","doi":"10.47268/sasi.v29i2.1229","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1229","url":null,"abstract":"Introduction: Discrimination against women from Indigenous Peoples in various ways of life including in the formation of national laws. This is due to the presence of a patriarchal culture which is reflected in laws and regulations both at the national and regional levels, thus showing injustice and inequality between men and women.Purposes of the Research: The purpose of this writing is to explain the importance of the participation of indigenous and tribal women in the formation of national law. The importance of this participation will contribute to the thought of a legal substance that provides equality and justiceMethods of the Research: This paper uses doctrinal research methods using a feminist legal theory approach.Results of the Research: The results and findings in this paper include, First, the voices and experiences of indigenous and tribal women are required in feminist legal theory to influence non-discriminatory legal norms in the formation of national law. Second, the participation of indigenous and tribal women as part of the Indonesian nation has a strategic position guaranteed by the constitution to carry out their role in forming national law. This is a prerequisite and a representation of the realization of democratic government and one of the other principles of good governance that is consistent and committed to prioritizing the interests of the nation and the State.","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":"45816773","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.v29i2.1259
Anna Maria Salamor, Juanrico Alfaromona Sumaresz Titahelu, Erwin Ubwarin, Iqbal Taufik
Introduction: Indonesia is a country with a variety of ethnic and cultural patterns, including race, language, and others. With diversity in each customary area, it has different rules and legal regulation because it has its own customs.Purposes of the Research: The purpose of this research is to find out the application of restoration justice in the settlement of customary criminal casesMethods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in societyResults of the Research: The application of restorative justice as long as it does not conflict with positive law or customary law can be used in resolving customary criminal cases that occur as in Nua Nea Country and Akoon Country while upholding the customary values of their respective regions. the application of customary criminal punishment can provide a deterrent effect for perpetrators who make mistakes and do not repeat their actions again.
{"title":"Application of Restorative Justice In The Settlement of Customary Criminal Cases","authors":"Anna Maria Salamor, Juanrico Alfaromona Sumaresz Titahelu, Erwin Ubwarin, Iqbal Taufik","doi":"10.47268/sasi.v29i2.1259","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1259","url":null,"abstract":"Introduction: Indonesia is a country with a variety of ethnic and cultural patterns, including race, language, and others. With diversity in each customary area, it has different rules and legal regulation because it has its own customs.Purposes of the Research: The purpose of this research is to find out the application of restoration justice in the settlement of customary criminal casesMethods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in societyResults of the Research: The application of restorative justice as long as it does not conflict with positive law or customary law can be used in resolving customary criminal cases that occur as in Nua Nea Country and Akoon Country while upholding the customary values of their respective regions. the application of customary criminal punishment can provide a deterrent effect for perpetrators who make mistakes and do not repeat their actions again.","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":"46897823","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.v29i2.1347
Thio Jerry Stevenson, Irawan Soerodjo, H. Budi
Introduction: The fulfillment of the right to housing is a national problem that must be resolved. Jakarta is the capital city of Indonesia which faces problems in fulfilling the right to housing. The apartment area has been built to respond to these problems.Purposes of the Research: The purpose of this study is to analyze the management and licensing of apartments in Jakarta City.Methods of the Research: This research is a normative juridical research. It uses several approaches, namely the statute approach, the conceptual approach, and the comparative approach. The type of data used consists of primary legal materials, namely the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 2011 concerning Housing and Settlement Areas, Law Number 20 of 2011 concerning Apartments.Results of the Research: Based on the results of the study, it was found that there were many cases, for example the case in Decision concerning the Privatization of SPAM and the unilateral determination of BPPL between the Sentul City against PT Sentul City. Based on this case, there was a legal uncertainty regarding the management and licensing of the apartment area in Jakarta
{"title":"Problems of Managing and Licensing The Apartment","authors":"Thio Jerry Stevenson, Irawan Soerodjo, H. Budi","doi":"10.47268/sasi.v29i2.1347","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1347","url":null,"abstract":"Introduction: The fulfillment of the right to housing is a national problem that must be resolved. Jakarta is the capital city of Indonesia which faces problems in fulfilling the right to housing. The apartment area has been built to respond to these problems.Purposes of the Research: The purpose of this study is to analyze the management and licensing of apartments in Jakarta City.Methods of the Research: This research is a normative juridical research. It uses several approaches, namely the statute approach, the conceptual approach, and the comparative approach. The type of data used consists of primary legal materials, namely the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 2011 concerning Housing and Settlement Areas, Law Number 20 of 2011 concerning Apartments.Results of the Research: Based on the results of the study, it was found that there were many cases, for example the case in Decision concerning the Privatization of SPAM and the unilateral determination of BPPL between the Sentul City against PT Sentul City. Based on this case, there was a legal uncertainty regarding the management and licensing of the apartment area in Jakarta","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":"46009284","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.v29i2.1304
A. Sihotang, Ruetaitip Chansrakaeo
Introduction: This article to examine and analyze aspects of integration between national law and customary law in the context of the prismatic Pancasila state law, especially after the enactment of the draft criminal code (RKUHP) as a law. Purpose of The Research: This research seeks to answer two problem formulations, namely: integration of customary law and national law in the Pancasila law state and how are efforts to organize harmonious relations between customary law and national law in the perspective of the prismatic Pancasila state law, especially after the ratification of the RKUHP.Methods of Research: This study uses normative legal research methods based on authoritative legal products in the form of laws and regulations. The analysis was carried out by prioritizing the concept approach, historical approach, and statutory approach. Result of The Research: Even though customary law and national law are different in substance and character, but customary law and national law must be integrated because have important relations in relation to practice in society. Efforts to organize a harmonious relationship between customary law and national law in the perspective of the Pancasila prismatic state law, especially after the ratification of the RKUHP by optimizing the three year transitional provisions in the RKUHP to socialize as well as determining steps and efforts that can guarantee harmonious relations between customary law and national law.
{"title":"Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State","authors":"A. Sihotang, Ruetaitip Chansrakaeo","doi":"10.47268/sasi.v29i2.1304","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1304","url":null,"abstract":"Introduction: This article to examine and analyze aspects of integration between national law and customary law in the context of the prismatic Pancasila state law, especially after the enactment of the draft criminal code (RKUHP) as a law. Purpose of The Research: This research seeks to answer two problem formulations, namely: integration of customary law and national law in the Pancasila law state and how are efforts to organize harmonious relations between customary law and national law in the perspective of the prismatic Pancasila state law, especially after the ratification of the RKUHP.Methods of Research: This study uses normative legal research methods based on authoritative legal products in the form of laws and regulations. The analysis was carried out by prioritizing the concept approach, historical approach, and statutory approach. Result of The Research: Even though customary law and national law are different in substance and character, but customary law and national law must be integrated because have important relations in relation to practice in society. Efforts to organize a harmonious relationship between customary law and national law in the perspective of the Pancasila prismatic state law, especially after the ratification of the RKUHP by optimizing the three year transitional provisions in the RKUHP to socialize as well as determining steps and efforts that can guarantee harmonious relations between customary law and national law.","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":"44359861","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.v29i2.1356
Fitri Rafianti, Asmuni Asmuni, Jamila Jamil
Introduction: This article wants to explain the dynamics of halal certification and labeling in Indonesia in a review of positive law and Islamic law.Purposes of the Research: The research objective is to answer the dynamics of halal certification and labeling from the perspective of positive law and Islamic law.Methods of the Research: This research uses a qualitative method with a normative legal approach. Data is obtained through observations, in-depth interviews, literature reviews, and documentation.Results of the Research: This research shows that the implementation of halal certification according to Law Number 33 of 2014 on various products, including medication, cannot be separated from the role of political will and synergy among various parties. From the perspective of positive law, halal certification is a legal obligation, while from the perspective of Islamic law, halal certification is part of the obligation to ensure that products consumed by Muslims are guaranteed halal.
{"title":"Dynamics of Halal Certification Application in Medicinal Products: Comparative Study of Islamic Law and Positive Law","authors":"Fitri Rafianti, Asmuni Asmuni, Jamila Jamil","doi":"10.47268/sasi.v29i2.1356","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1356","url":null,"abstract":"Introduction: This article wants to explain the dynamics of halal certification and labeling in Indonesia in a review of positive law and Islamic law.Purposes of the Research: The research objective is to answer the dynamics of halal certification and labeling from the perspective of positive law and Islamic law.Methods of the Research: This research uses a qualitative method with a normative legal approach. Data is obtained through observations, in-depth interviews, literature reviews, and documentation.Results of the Research: This research shows that the implementation of halal certification according to Law Number 33 of 2014 on various products, including medication, cannot be separated from the role of political will and synergy among various parties. From the perspective of positive law, halal certification is a legal obligation, while from the perspective of Islamic law, halal certification is part of the obligation to ensure that products consumed by Muslims are guaranteed halal.","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":"46322296","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.v29i2.1353
H. Salmon
Introduction: The concept of dividing government affairs into de-centralization and co-administration has a long history in Indonesian constitutional records.Purposes of the Research: One of the issues regarding the constitutionality of regional government which has become a space for academic debate after the publication of Law Number 23 of 2014 is related to the concept of dividing government affairs between government structures. Moving on from the perspective of State Administrative Law and Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power or based on the authority established by the constitution.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Amendments to the 1945 Constitution, especially the second amendment regarding the concept and pattern of division of government, have indicated that a centralized government will actually be a threat to disintegration, so that strengthening decentralization is not weakening Indonesianness but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance of central and regional power relations. The regional government law has reduced the essence of the concept of deconcentration where previously it was only carried out by the Governor, now it is also carried out by the Regent/Mayor, in such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentration and assistance and institutional tasks for the three the principle.
{"title":"Construction of The Distribution of Government Authorities","authors":"H. Salmon","doi":"10.47268/sasi.v29i2.1353","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1353","url":null,"abstract":"Introduction: The concept of dividing government affairs into de-centralization and co-administration has a long history in Indonesian constitutional records.Purposes of the Research: One of the issues regarding the constitutionality of regional government which has become a space for academic debate after the publication of Law Number 23 of 2014 is related to the concept of dividing government affairs between government structures. Moving on from the perspective of State Administrative Law and Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power or based on the authority established by the constitution.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Amendments to the 1945 Constitution, especially the second amendment regarding the concept and pattern of division of government, have indicated that a centralized government will actually be a threat to disintegration, so that strengthening decentralization is not weakening Indonesianness but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance of central and regional power relations. The regional government law has reduced the essence of the concept of deconcentration where previously it was only carried out by the Governor, now it is also carried out by the Regent/Mayor, in such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentration and assistance and institutional tasks for the three the principle.","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":"47749059","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.v29i2.1300
Albi Ternando
Introduction: The Banks as service providers need to provide maximum service to their customers and protect them from third parties trying to take over part or all of the customers' deposits and trust in the bank. Therefore, banks should regulate and establish procedures and mechanisms for the protection and provide solutions in the event of an action or activity that is detrimental to the customerPurposes of the Research: Based on the background of the problems described above, it can be formulated the problems that the writer will examine, namely: 1). How is the Criminal Accountability Against the Perpetrators of Banking Corruption Crimes in the City of Jambi? 2). What is the Basis of Consideration of the Panel of Judges to decide on the perpetrators of Banking Corruption Crimes (Case Study of District Court Orders No: 04/ Pid.Sus -TPK/2016/PN. Jmb)Methods of the Research: The research method used was normative research. Based on the results of this study, it was concluded that banking crimes are a canteen of crimes that occur within the scope of banking. The complexity of these crimes causes the prosecution of perpetrators of these crimes to apply the Corruption Crime Act.Results of the Research: The results show that or the findings of this study prove that the basis for the judge's decision for the perpetrators of criminal acts in the District Court decisions are aggravating and mitigating matters as stated in the decision.
{"title":"Analysis of Criminal Crime Responsibility Against Perpetrators of Banking Corruption Crimes","authors":"Albi Ternando","doi":"10.47268/sasi.v29i2.1300","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1300","url":null,"abstract":"Introduction: The Banks as service providers need to provide maximum service to their customers and protect them from third parties trying to take over part or all of the customers' deposits and trust in the bank. Therefore, banks should regulate and establish procedures and mechanisms for the protection and provide solutions in the event of an action or activity that is detrimental to the customerPurposes of the Research: Based on the background of the problems described above, it can be formulated the problems that the writer will examine, namely: 1). How is the Criminal Accountability Against the Perpetrators of Banking Corruption Crimes in the City of Jambi? 2). What is the Basis of Consideration of the Panel of Judges to decide on the perpetrators of Banking Corruption Crimes (Case Study of District Court Orders No: 04/ Pid.Sus -TPK/2016/PN. Jmb)Methods of the Research: The research method used was normative research. Based on the results of this study, it was concluded that banking crimes are a canteen of crimes that occur within the scope of banking. The complexity of these crimes causes the prosecution of perpetrators of these crimes to apply the Corruption Crime Act.Results of the Research: The results show that or the findings of this study prove that the basis for the judge's decision for the perpetrators of criminal acts in the District Court decisions are aggravating and mitigating matters as stated in the decision.","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":"46988575","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.v29i2.1333
E. Hasibuan
Introduction: The concept of deradicalization itself has been running for the first time since 2005 but there is no guide or patent concept for this program. The effect given through the deradicalization program must be recognized is not optimal, but this does not necessarily make deradicalization a failed innovation, keep in mind that the existence of the deradicalization program is an answer to the handling of terrorism that is considered hard and intimidative (hard approach), while the more subtle ways of dialogue and religious approach (soft approach) is considered also able to neutralize the values of terrorism in someone who is already radical.Purposes of the Research: The real purpose of de-radicalization in general is to prevent repeated terror incidents by former prisoners, because the National Police itself has the task of being able to detect and prevent acts of violence that insurgents. Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approachResults of the Research: The deradicalization Program is not a program that can be assessed directly as a failed program, deradicalization must be remembered as a reflection of the bad and hard handling (hard approach) so that the form of humanism and respect for human rights can actually be reflected by the existence of deradicalization, with the existence of deradicalization also illustrates that the perpetrators of terror or ex-prisoners have hope to return to normal life, also indicates that the government pays attention to those who commit this crime.
{"title":"Analysis of The Application of Deradicalization And Constraints And Obstacles: A Case Study of Bandung Suicide Bombing","authors":"E. Hasibuan","doi":"10.47268/sasi.v29i2.1333","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1333","url":null,"abstract":"Introduction: The concept of deradicalization itself has been running for the first time since 2005 but there is no guide or patent concept for this program. The effect given through the deradicalization program must be recognized is not optimal, but this does not necessarily make deradicalization a failed innovation, keep in mind that the existence of the deradicalization program is an answer to the handling of terrorism that is considered hard and intimidative (hard approach), while the more subtle ways of dialogue and religious approach (soft approach) is considered also able to neutralize the values of terrorism in someone who is already radical.Purposes of the Research: The real purpose of de-radicalization in general is to prevent repeated terror incidents by former prisoners, because the National Police itself has the task of being able to detect and prevent acts of violence that insurgents. Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approachResults of the Research: The deradicalization Program is not a program that can be assessed directly as a failed program, deradicalization must be remembered as a reflection of the bad and hard handling (hard approach) so that the form of humanism and respect for human rights can actually be reflected by the existence of deradicalization, with the existence of deradicalization also illustrates that the perpetrators of terror or ex-prisoners have hope to return to normal life, also indicates that the government pays attention to those who commit this crime.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41624330","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: The practice of monetary politics in all political events makes it impossible to distinguish the implementation of the mechanism of legal politics from monetary politics.Purposes of the Research: In summary, there is a general assumption that money politics in any political competition is natural, even unavoidable. The detention of monetarism can be done through crime prevention theory from the point of view of proper justice theory. Methods of the Research: The type of research used is legal research. The phenomenological method is a study that aims to determine the nature of a phenomenon experienced by several individuals.Results of the Research: Bawaslu's efforts against money politics in holding legislative elections take two forms, namely prevention efforts and law enforcement efforts as a form of monitoring parliamentary elections.
{"title":"Money Politics Crimes in Elections from the Perspective of Dignified Justice","authors":"Fransiskus Xaverius Wartoyo, Yuni Priskila Ginting","doi":"10.47268/sasi.v29i2.1326","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1326","url":null,"abstract":"Introduction: The practice of monetary politics in all political events makes it impossible to distinguish the implementation of the mechanism of legal politics from monetary politics.Purposes of the Research: In summary, there is a general assumption that money politics in any political competition is natural, even unavoidable. The detention of monetarism can be done through crime prevention theory from the point of view of proper justice theory. Methods of the Research: The type of research used is legal research. The phenomenological method is a study that aims to determine the nature of a phenomenon experienced by several individuals.Results of the Research: Bawaslu's efforts against money politics in holding legislative elections take two forms, namely prevention efforts and law enforcement efforts as a form of monitoring parliamentary elections.","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":"43479007","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.v29i2.1352
Rizal Calvary Marimbo, jur. Udin Silalahi
Introduction: Public welfare is the goals of the Indonesian state which has been mandated in the 1945 constitution. SOE has a role in realizing this goal. However, in practice, SOEs face various challenges, one of which is related to governance within the SOEs themselves.Purposes of the Research: The purpose of this study is to analyze governance related to the laws and regulations governing SOE.Methods of the Research: The method in this research is normative juridical. The study used is a literature study. In answering the formulation of the problem in this study used a juridical and theoretical basis. The juridical basis used is the 1945 Constitution, Law Number 19 of 2003. The theoretical foundation used is the theory of legal ideals by Gustav.Results of the Research: Based on the research results, it was found that the role of SOEs in Indonesia is very important. There are many legal arrangements regarding BUMN. This certainly hinders the achievement of legal ideals, namely justice, certainty and the benefits of law. Therefore, it is necessary to create a legal entity in the form of an omnibus law in regulating SOEs.>
{"title":"Legal Arrangements Regarding Soe Management In Increasing Public Welfare","authors":"Rizal Calvary Marimbo, jur. Udin Silalahi","doi":"10.47268/sasi.v29i2.1352","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1352","url":null,"abstract":"Introduction: Public welfare is the goals of the Indonesian state which has been mandated in the 1945 constitution. SOE has a role in realizing this goal. However, in practice, SOEs face various challenges, one of which is related to governance within the SOEs themselves.Purposes of the Research: The purpose of this study is to analyze governance related to the laws and regulations governing SOE.Methods of the Research: The method in this research is normative juridical. The study used is a literature study. In answering the formulation of the problem in this study used a juridical and theoretical basis. The juridical basis used is the 1945 Constitution, Law Number 19 of 2003. The theoretical foundation used is the theory of legal ideals by Gustav.Results of the Research: Based on the research results, it was found that the role of SOEs in Indonesia is very important. There are many legal arrangements regarding BUMN. This certainly hinders the achievement of legal ideals, namely justice, certainty and the benefits of law. Therefore, it is necessary to create a legal entity in the form of an omnibus law in regulating SOEs.>","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":"46545270","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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