Pub Date : 2023-04-19DOI: 10.47268/sasi.v29i2.1061
Dwilani Irrynta, Nanik Prasetyoningsih
Introduction: With the development of technology, people become easier in expressing themselves through social media. However, many people think that the Indonesian Government represses freedom of speech through the Electronic Information and Transactions (EIT) Law as the huge number of related cases keeps increasing, particularly on matters of criticizing the Government.Purposes of the Research: This article presents to discuss whether the Law does snatch the rights of citizens regarding freedom of speech as the Law essentially aims to protect such rights and shall not contradict the 1945 Constitution of the Republic of Indonesia stating that freedom of speech is a right for every citizen.Methods of the Research: By using normative legal research, this article examines legal principles and norms of related regulations. The authors analyze the situation faced by the Indonesian people in recent years through library research. The secondary data of literature was collected and reviewed focusing on the statutory approach along with the case approach.Results of the Research: The findings show that the EIT Law indeed draws controversy among Indonesian people due to the existence of several Articles under the Law that are contradictory to its purpose, namely protecting freedom of speech. By having ambiguousness and multiple interpretations of those several Articles, the Law leads to abuse of power by the Government. Therefore, it is reasonable for many people, as well as civil society organizations, to appeal to the Government to revise the Law and related regulations. It is on the grounds that such actions are necessary to enhance and enforce the protection of freedom of speech.
{"title":"An Analysis of Freedom of Speech: Whether the Indonesian Electronic Information and Transactions Law is Contradictory","authors":"Dwilani Irrynta, Nanik Prasetyoningsih","doi":"10.47268/sasi.v29i2.1061","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1061","url":null,"abstract":"Introduction: With the development of technology, people become easier in expressing themselves through social media. However, many people think that the Indonesian Government represses freedom of speech through the Electronic Information and Transactions (EIT) Law as the huge number of related cases keeps increasing, particularly on matters of criticizing the Government.Purposes of the Research: This article presents to discuss whether the Law does snatch the rights of citizens regarding freedom of speech as the Law essentially aims to protect such rights and shall not contradict the 1945 Constitution of the Republic of Indonesia stating that freedom of speech is a right for every citizen.Methods of the Research: By using normative legal research, this article examines legal principles and norms of related regulations. The authors analyze the situation faced by the Indonesian people in recent years through library research. The secondary data of literature was collected and reviewed focusing on the statutory approach along with the case approach.Results of the Research: The findings show that the EIT Law indeed draws controversy among Indonesian people due to the existence of several Articles under the Law that are contradictory to its purpose, namely protecting freedom of speech. By having ambiguousness and multiple interpretations of those several Articles, the Law leads to abuse of power by the Government. Therefore, it is reasonable for many people, as well as civil society organizations, to appeal to the Government to revise the Law and related regulations. It is on the grounds that such actions are necessary to enhance and enforce the protection of freedom of speech.","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":"45609652","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.v29i2.1365
Abdurrahim Harahap, M. Nasution, P. Pagar
Introduction: Waqf is a sign of giving whose implementation is carried out by retaining (ownership) of origin (tahbisul ashli), then making the benefits generally accepted. Purposes of the Research: To find out about the management of waqf property in North Sumatra, especially the waqf land of Tengku Darwisyah in Serdang Bedagai according to positive law and Islamic law.Methods of the Research: This research is a qualitative study with a social history approach to Islamic law.Results of the Research: The management of the waqf land of Tengku Darwisyah is still far from expectations because it has not been managed perfectly and only has a traditional and consumptive nature, and there has been no good management. In addition, the trustee of the waqf of Tengku Darwisyah is passive and even fatalistic by allowing tenants to build permanent structures such as places of worship, sports halls (GOR), farms, and trading companies, which should be productive, and this policy is not based on any contract or agreement.
{"title":"Implications of Waqf Land Management from the Perspectives of Positive Law and Islamic Law: A Case Study of Waqf Land in North Sumatra","authors":"Abdurrahim Harahap, M. Nasution, P. Pagar","doi":"10.47268/sasi.v29i2.1365","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1365","url":null,"abstract":"Introduction: Waqf is a sign of giving whose implementation is carried out by retaining (ownership) of origin (tahbisul ashli), then making the benefits generally accepted. Purposes of the Research: To find out about the management of waqf property in North Sumatra, especially the waqf land of Tengku Darwisyah in Serdang Bedagai according to positive law and Islamic law.Methods of the Research: This research is a qualitative study with a social history approach to Islamic law.Results of the Research: The management of the waqf land of Tengku Darwisyah is still far from expectations because it has not been managed perfectly and only has a traditional and consumptive nature, and there has been no good management. In addition, the trustee of the waqf of Tengku Darwisyah is passive and even fatalistic by allowing tenants to build permanent structures such as places of worship, sports halls (GOR), farms, and trading companies, which should be productive, and this policy is not based on any contract or agreement.","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":"47125028","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.v29i2.1344
Lukmanul Hakim
Introduction: The criminal act of terrorism which is the common enemy of many countries in the world including Indonesia which in fact is carried out by more than one perpetrator even further than that which is terrorized in a particular terrorist organization, so that the teaching of inclusion in criminal law becomes important to be applied appropriately.Purposes of the Research: This paper aims to determine whether it is appropriate to use the articles contained in the law on combating terrorism related to the doctrine of inclusion of perpetrators of criminal acts of terrorism that are generally committed by more than one person in a particular terrorist organization.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: In the field of practice, the application of the doctrine of inclusion in the provisions of the law on Combating Terrorism is often cause legal problems, especially in the context of determining the criminal liability of the perpetrators of terrorism, this has resulted in difficulties for law enforcers, especially public prosecutors and judges to determine criminal liability for each perpetrator, in contrast to the application of, so that the punishment for the perpetrators can be more effective and meet the sense of justice and legal certainty.
{"title":"The Problem of The Application of The Doctrine of Inclusion In The Eradication of Terrorism In Indonesia","authors":"Lukmanul Hakim","doi":"10.47268/sasi.v29i2.1344","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1344","url":null,"abstract":"Introduction: The criminal act of terrorism which is the common enemy of many countries in the world including Indonesia which in fact is carried out by more than one perpetrator even further than that which is terrorized in a particular terrorist organization, so that the teaching of inclusion in criminal law becomes important to be applied appropriately.Purposes of the Research: This paper aims to determine whether it is appropriate to use the articles contained in the law on combating terrorism related to the doctrine of inclusion of perpetrators of criminal acts of terrorism that are generally committed by more than one person in a particular terrorist organization.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: In the field of practice, the application of the doctrine of inclusion in the provisions of the law on Combating Terrorism is often cause legal problems, especially in the context of determining the criminal liability of the perpetrators of terrorism, this has resulted in difficulties for law enforcers, especially public prosecutors and judges to determine criminal liability for each perpetrator, in contrast to the application of, so that the punishment for the perpetrators can be more effective and meet the sense of justice and legal certainty.","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":"43173507","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.v29i2.1348
Barzah Latupono, S. Kuahaty, Theresia Louize Pesulima
Introduction: Many marital problems arise in the household so that many households end their marriages in court, but settlement in court faces many obstacles due to the accumulation of unresolved marriage cases.Purposes of the Research: To find out and analyze the settlement of marital disputes using the customary institutions of married brothers in Central Maluku district.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. This research attempts to describe the settlement of marital problems by using the traditional marriage system in Haruku Island District, Central Maluku Regency.Results of the Research: The results of the study show that the settlement of marriages using the customary institution of married brothers in the Haruku Island sub-district is very beneficial for husbands and wives who have problems in their marriage which can be resolved by their married relatives, both world problems and their afterlife problems that exist in their married life so that no longer are settlement issues settled in court.
{"title":"Settlement of Marital Problems By Using The Traditional Institutions of Married Brothers","authors":"Barzah Latupono, S. Kuahaty, Theresia Louize Pesulima","doi":"10.47268/sasi.v29i2.1348","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1348","url":null,"abstract":"Introduction: Many marital problems arise in the household so that many households end their marriages in court, but settlement in court faces many obstacles due to the accumulation of unresolved marriage cases.Purposes of the Research: To find out and analyze the settlement of marital disputes using the customary institutions of married brothers in Central Maluku district.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. This research attempts to describe the settlement of marital problems by using the traditional marriage system in Haruku Island District, Central Maluku Regency.Results of the Research: The results of the study show that the settlement of marriages using the customary institution of married brothers in the Haruku Island sub-district is very beneficial for husbands and wives who have problems in their marriage which can be resolved by their married relatives, both world problems and their afterlife problems that exist in their married life so that no longer are settlement issues settled in court.","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":"46553942","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 : 2023-03-11DOI: 10.47268/sasi.v29i1.1325
Hadibah Zachra Wadjo, E. Toule, A. Fadillah
Introduction: Violence against women is still taking place. Nowadays, issues involving women are increasingly becoming one of the crucial issues in society, not only at the national level, but also at the global level.Purposes of the Research: The purpose of this study is to find out about the application of customary criminal penalties to cases involving women.Methods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in society.Results of the Research: The application of penalties for violators in Negeri Amahai, Negeri Haruru, Negeri Nua Nea, Negeri Rutah, and Negeri Souhoku, Negeri Tamilouw highly respects traditional values, which always protect their regions. The customs of their ancestors, until now still exist in people's lives. In fact, until now, the existence of indigenous peoples in several countries in Central Maluku is still maintained, and customary law is maintained by the people of Central Maluku because customary law is pure and can reduce conflicts and erase the stains contained in society.
对妇女的暴力仍在发生。如今，涉及妇女的问题日益成为社会的关键问题之一，不仅在国家一级，而且在全球一级。研究目的:本研究的目的是了解习惯刑事处罚对涉及妇女的案件的适用情况。研究方法:规范性法律研究是通过考察社会中的法律法规、法理和价值观来进行的。研究结果:Negeri Amahai、Negeri Haruru、Negeri Nua Nea、Negeri Rutah和Negeri Souhoku、Negeri Tamilouw对违规者的处罚适用高度尊重传统价值观，这些价值观始终保护着他们的地区。他们祖先的习俗，直到现在仍然存在于人们的生活中。事实上，直到现在，在Central Maluku的几个国家，土著民族的存在仍然存在，而习惯法是由Central Maluku的人民维持的，因为习惯法是纯粹的，可以减少冲突，消除社会中包含的污点。
{"title":"Application of Customary Criminal Penalty On Cases Involving Women","authors":"Hadibah Zachra Wadjo, E. Toule, A. Fadillah","doi":"10.47268/sasi.v29i1.1325","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1325","url":null,"abstract":"Introduction: Violence against women is still taking place. Nowadays, issues involving women are increasingly becoming one of the crucial issues in society, not only at the national level, but also at the global level.Purposes of the Research: The purpose of this study is to find out about the application of customary criminal penalties to cases involving women.Methods of the Research: Normative legal research is carried out by examining laws and regulations, jurisprudence and values that lives in society.Results of the Research: The application of penalties for violators in Negeri Amahai, Negeri Haruru, Negeri Nua Nea, Negeri Rutah, and Negeri Souhoku, Negeri Tamilouw highly respects traditional values, which always protect their regions. The customs of their ancestors, until now still exist in people's lives. In fact, until now, the existence of indigenous peoples in several countries in Central Maluku is still maintained, and customary law is maintained by the people of Central Maluku because customary law is pure and can reduce conflicts and erase the stains contained in society.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48127749","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 : 2023-03-11DOI: 10.47268/sasi.v29i1.1291
Jumanah Jumanah, K. S. Hasan, M. Syaifuddin
Introduction: This article is about analyzing the implementation of joint property auctions after a divorce decision that has not yet received fair legal certainty. The number of cases after the divorce decision results in the distribution of joint assets between the parties submitted to the Court after not getting peace in the distribution of joint assets, the Court can take over the matter by way of auction.Purposes of the Research: To analyze the principle of legal certainty in auctions in the implementation of auctions after divorce decisions in laws and regulations. Explain the legal problems in applying the legal principle of joint property auctions after the divorce decision. Finding reconstruction as the basis for setting up a bill on joint property auction laws after divorce decisions in the future.Methods of the Research: Based on hermeneutic paradigmatic which is based on philosophy and the scientific nature of law. This hermeneutic paradigm is carried out through a methodological strategy approach to learn from people, namely studying law by exploring and researching the meanings of law from the perspective of users or seekers of justice in the Religious Courts.Results of the Research: In the reconstruction of the principle of legal certainty in an equitable auction of joint assets after the divorce decision in future laws and regulations in legal considerations regarding joint assets that must be auctioned, through an auction procedure in accordance with applicable regulations.
{"title":"Reconstruction of The Principle of Legal Certainty Fair Auction For Joint Assets After Divorce Decision","authors":"Jumanah Jumanah, K. S. Hasan, M. Syaifuddin","doi":"10.47268/sasi.v29i1.1291","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1291","url":null,"abstract":"Introduction: This article is about analyzing the implementation of joint property auctions after a divorce decision that has not yet received fair legal certainty. The number of cases after the divorce decision results in the distribution of joint assets between the parties submitted to the Court after not getting peace in the distribution of joint assets, the Court can take over the matter by way of auction.Purposes of the Research: To analyze the principle of legal certainty in auctions in the implementation of auctions after divorce decisions in laws and regulations. Explain the legal problems in applying the legal principle of joint property auctions after the divorce decision. Finding reconstruction as the basis for setting up a bill on joint property auction laws after divorce decisions in the future.Methods of the Research: Based on hermeneutic paradigmatic which is based on philosophy and the scientific nature of law. This hermeneutic paradigm is carried out through a methodological strategy approach to learn from people, namely studying law by exploring and researching the meanings of law from the perspective of users or seekers of justice in the Religious Courts.Results of the Research: In the reconstruction of the principle of legal certainty in an equitable auction of joint assets after the divorce decision in future laws and regulations in legal considerations regarding joint assets that must be auctioned, through an auction procedure in accordance with applicable regulations.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48426662","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 recognition of customary land rights based on local values has undergone several shifts in value, giving rise to state doubts about its existence. Purposes of the Research: Therefore, this research aimed to examine the recognition of customary land rights of the Pusu customary community in Sumbawa based on the value of 'krik slamat'.Methods of the Research: This non-doctrinal research was conducted using a sociological approach to investigate the formation and functioning of the law. This method also discovers the philosophical values embodied in empirical law by objectifying the values that live in society, in this context the objectification of values is carried out with the concept of recognizing norms that live in society.Results of the Research: The results showed that, first, the recognition of land rights of the Pusu community was conducted with 'rpulung' based on the value of 'krik slamat' containing elements of religion, democracy, and justice. Second, in 'krik slamat', which serves as a philosophical foundation in the formation of the law, hence, 'pulung' is born in the form of norms.
{"title":"Recognition of Customary Land Rights Based of Krik Slamat","authors":"Dianto Dianto, Absori Absori, Khudzaifah Dimyati, Kelik Wardiono","doi":"10.47268/sasi.v29i1.1179","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1179","url":null,"abstract":"Introduction: The recognition of customary land rights based on local values has undergone several shifts in value, giving rise to state doubts about its existence. Purposes of the Research: Therefore, this research aimed to examine the recognition of customary land rights of the Pusu customary community in Sumbawa based on the value of 'krik slamat'.Methods of the Research: This non-doctrinal research was conducted using a sociological approach to investigate the formation and functioning of the law. This method also discovers the philosophical values embodied in empirical law by objectifying the values that live in society, in this context the objectification of values is carried out with the concept of recognizing norms that live in society.Results of the Research: The results showed that, first, the recognition of land rights of the Pusu community was conducted with 'rpulung' based on the value of 'krik slamat' containing elements of religion, democracy, and justice. Second, in 'krik slamat', which serves as a philosophical foundation in the formation of the law, hence, 'pulung' is born in the form of norms.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45717350","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 : 2023-03-11DOI: 10.47268/sasi.v29i1.1247
T. Afrizal, T. Saifullah
Introduction: Gampongs or villages in Aceh province are the only village-level government in Indonesia that is given the authority to resolve a number of civil and criminal cases through customary courts in gampongs.Purposes of the Research: This paper examines the legal certainty of customary court decisions in gampongs in the Muara Batu sub-district, North Aceh . The problems resolved in this paper are regarding the legal certainty of customary court decisions in gampongs and the extent to which gampongs in Muara Batu District implement customary justice in gampongs.Methods of the Research: This research is an empirical research. The data were collected from field data through interviews and observations as well as documentary data from legal writings.Results of the Research: The results of the research show that the decisions of the customary courts are binding and final. However, if the parties disagree with the customary court decision and seek legal proceedings, the customary court decision can become written evidence. In Muara Batu sub-district, each gampong has a customary court, but if they are related to minor crimes or jinayat, the gampong apparatus prefers to hand over the case to the authorities, if a peaceful process is not found. Except for cases of immoral khalwat and adultery committed in the gampong, the perpetrators are forced to marry or handed over to law enforcement to be processed according to jinayat law in Aceh.
{"title":"Legal Certainty in Customary Jurisdictions (Case Study In Muara Batu District, North Aceh)","authors":"T. Afrizal, T. Saifullah","doi":"10.47268/sasi.v29i1.1247","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1247","url":null,"abstract":"Introduction: Gampongs or villages in Aceh province are the only village-level government in Indonesia that is given the authority to resolve a number of civil and criminal cases through customary courts in gampongs.Purposes of the Research: This paper examines the legal certainty of customary court decisions in gampongs in the Muara Batu sub-district, North Aceh . The problems resolved in this paper are regarding the legal certainty of customary court decisions in gampongs and the extent to which gampongs in Muara Batu District implement customary justice in gampongs.Methods of the Research: This research is an empirical research. The data were collected from field data through interviews and observations as well as documentary data from legal writings.Results of the Research: The results of the research show that the decisions of the customary courts are binding and final. However, if the parties disagree with the customary court decision and seek legal proceedings, the customary court decision can become written evidence. In Muara Batu sub-district, each gampong has a customary court, but if they are related to minor crimes or jinayat, the gampong apparatus prefers to hand over the case to the authorities, if a peaceful process is not found. Except for cases of immoral khalwat and adultery committed in the gampong, the perpetrators are forced to marry or handed over to law enforcement to be processed according to jinayat law in Aceh.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45449020","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 : 2023-03-11DOI: 10.47268/sasi.v29i1.1181
La Ode Angga, M. A. H. Labetubun, Sabri Fataruba
Introduction: The people of Sabuai Village reject the existence of a company that has been operating since 2019 Until now, the Environment Agency has never processed documents, either Amdal or other environmental documents according to the acting Head of the Maluku Province Environment Area. The people of Sabuai Village deny the existence of a company that has been operating since 2019, because it is suspected of cutting down and managing customary forest products without permission.Purposes of the Research: The long goal is to find out the Form of Accountability of CV Sumber Berkat Makmur that Encroaches on Customary Forests in the Research Environment of Eastern Sabuai Seram Village.Methods of the Research: The approach method used in this study is sociological juridical which is a descriptive study of qualitative analysis. This study seeks to illustrate what is happening in the Indigenous peoples of Sabuai Village, SBT. The data collection techniques used in this study were: Interviews, questionnaires and literature studies.Results of the Research: The form of cv accountability of the source of prosperous blessings that encroached on customary forests in Sabuai Village, Eastern Seram Regency, namely: From the point of view of administrative law, permission is a public service. In fact, permits as one of the sources of destruction and pollution in the name of illegal logging, illegal fissing and illegal maning. Thus illegal logging is a fraudulent practice since from licensing, activities, results of activities, actors and the purpose of their sale subscribe to the law. Legal liability under civil law in illegal encroachment is: The principle of liability based on unlawful acts, the Principle of absolute liability (strike liability) and the Principle of Liability based on Unlawful Acts.
据马鲁古省环境区代理负责人称，Sabuai村的人民拒绝了一家自2019年以来一直在运营的公司的存在。到目前为止，环境署从未处理过文件，无论是Amdal文件还是其他环境文件。Sabuai村的人们否认存在一家自2019年以来一直在运营的公司，因为该公司涉嫌未经许可砍伐和管理传统林产品。研究目的:长期目标是找出CV Sumber Berkat Makmur侵占东部Sabuai Seram村研究环境中习惯森林的问责形式。研究方法:本研究采用的研究方法为社会学法学，是一种定性分析的描述性研究。本研究旨在说明在南苏丹的Sabuai村的土著人民中正在发生的事情。本研究采用的数据收集技术为:访谈法、问卷调查法和文献研究法。研究结果:东塞兰县萨布埃村侵占习惯林的福源的cv问责形式，即:从行政法的角度看，许可是一种公共服务。事实上，许可证是以非法伐木、非法捕鱼和非法捕捞的名义造成破坏和污染的来源之一。因此，非法采伐是一种欺诈行为，因为从许可，活动，活动的结果，行为者和他们的销售目的都遵守法律。民事侵权的法律责任包括:违法行为归责原则、绝对责任原则(打击责任)和违法行为归责原则。
{"title":"A Form of Accountability CV Sumber Berkat Makmur Which Encroached On Customary Forests","authors":"La Ode Angga, M. A. H. Labetubun, Sabri Fataruba","doi":"10.47268/sasi.v29i1.1181","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1181","url":null,"abstract":"Introduction: The people of Sabuai Village reject the existence of a company that has been operating since 2019 Until now, the Environment Agency has never processed documents, either Amdal or other environmental documents according to the acting Head of the Maluku Province Environment Area. The people of Sabuai Village deny the existence of a company that has been operating since 2019, because it is suspected of cutting down and managing customary forest products without permission.Purposes of the Research: The long goal is to find out the Form of Accountability of CV Sumber Berkat Makmur that Encroaches on Customary Forests in the Research Environment of Eastern Sabuai Seram Village.Methods of the Research: The approach method used in this study is sociological juridical which is a descriptive study of qualitative analysis. This study seeks to illustrate what is happening in the Indigenous peoples of Sabuai Village, SBT. The data collection techniques used in this study were: Interviews, questionnaires and literature studies.Results of the Research: The form of cv accountability of the source of prosperous blessings that encroached on customary forests in Sabuai Village, Eastern Seram Regency, namely: From the point of view of administrative law, permission is a public service. In fact, permits as one of the sources of destruction and pollution in the name of illegal logging, illegal fissing and illegal maning. Thus illegal logging is a fraudulent practice since from licensing, activities, results of activities, actors and the purpose of their sale subscribe to the law. Legal liability under civil law in illegal encroachment is: The principle of liability based on unlawful acts, the Principle of absolute liability (strike liability) and the Principle of Liability based on Unlawful Acts. ","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48927721","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 : 2023-03-11DOI: 10.47268/sasi.v29i1.1283
R. H. Rado, Restu Monica Nia Betaubun
Introduction: Controlling corruption by relying too much on a legal approach cannot always be implemented, but what needs to be made effective and efficient is non-law-based prevention efforts through local wisdom approaches.Purposes of the Research: This research is focused on exploring anti-corruption cultural values in the Kei community as an internalization of efforts to prevent corruption where so far similar research has been minimal.Methods of the Research: The type of normative juridical research is then analyzed using qualitative research methods that are oriented towards a value approach and a policy approach. Data were taken from journal literature studies and other scientific works.Results of the Research: The results of the study show that the Maren and/or Yelim praxis can become a forum for togetherness for the Kei people as a fundamental basis for eradicating corrupt behaviour as well as an effort to realize and build anti-corruption integrity values, including, honesty, caring, independence, discipline, responsibility, hard work, modest, brave, and fair.
{"title":"Anti-Corruption Culture: Maren and Yelim’s Perspective on Kei Society","authors":"R. H. Rado, Restu Monica Nia Betaubun","doi":"10.47268/sasi.v29i1.1283","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1283","url":null,"abstract":"Introduction: Controlling corruption by relying too much on a legal approach cannot always be implemented, but what needs to be made effective and efficient is non-law-based prevention efforts through local wisdom approaches.Purposes of the Research: This research is focused on exploring anti-corruption cultural values in the Kei community as an internalization of efforts to prevent corruption where so far similar research has been minimal.Methods of the Research: The type of normative juridical research is then analyzed using qualitative research methods that are oriented towards a value approach and a policy approach. Data were taken from journal literature studies and other scientific works.Results of the Research: The results of the study show that the Maren and/or Yelim praxis can become a forum for togetherness for the Kei people as a fundamental basis for eradicating corrupt behaviour as well as an effort to realize and build anti-corruption integrity values, including, honesty, caring, independence, discipline, responsibility, hard work, modest, brave, and fair.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49173924","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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