Pub Date : 2023-03-11DOI: 10.47268/sasi.v29i1.1155
Patrick Corputty, J.D Pasalbessy, Jacob Hattu, Y. B. Salamor
Introduction: Difference or disparity in sentencing is one of the important topics in criminal law. The disparity in sentencing means that there are differences in the amount of punishment handed down by the court in cases that have the same characteristics.Purposes of the Research: The purpose of this study is to find out why there is a disparity in criminal penalties in court verdicts in cases of corruption in the misuse of village funds in Maluku.Methods of the Research: This study uses a normative juridical method.Results of the Research: Based on the results of the study, essentially the disparity in imposing criminal penalties in court verdicts on corruption cases of misuse of village funds is due to strafmaat (criminal threats) for different perpetrators.
{"title":"Criminal Sentence Disparity of Village Funds Abuse In Maluku","authors":"Patrick Corputty, J.D Pasalbessy, Jacob Hattu, Y. B. Salamor","doi":"10.47268/sasi.v29i1.1155","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1155","url":null,"abstract":"Introduction: Difference or disparity in sentencing is one of the important topics in criminal law. The disparity in sentencing means that there are differences in the amount of punishment handed down by the court in cases that have the same characteristics.Purposes of the Research: The purpose of this study is to find out why there is a disparity in criminal penalties in court verdicts in cases of corruption in the misuse of village funds in Maluku.Methods of the Research: This study uses a normative juridical method.Results of the Research: Based on the results of the study, essentially the disparity in imposing criminal penalties in court verdicts on corruption cases of misuse of village funds is due to strafmaat (criminal threats) for different perpetrators.","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":"42616900","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.v29i1.1075
I. N. P. B. Rumiartha, Anak Agung Sagung Ngurah Indradewi, Alarico Gomes
Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.
{"title":"Comparative Law on the Authority of the House of Representatives (Indonesia) with the National Parliament (Timor Leste)","authors":"I. N. P. B. Rumiartha, Anak Agung Sagung Ngurah Indradewi, Alarico Gomes","doi":"10.47268/sasi.v29i1.1075","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1075","url":null,"abstract":"Introduction: Based on the history of the formation of the state constitutions of Timor Leste and the state of Indonesia, it is interesting to conduct special research on a comparison of the legal powers contained in the constitution of the DPR (Indonesia) and the National Parliament (Timor Leste).Purposes of the Research: The purpose of this study is to explain the legal comparison of the powers granted by the Constitution, in this case the legal comparison of the powers of the House of Representatives (Indonesia) and the National Parliament (Timor Leste).Methods of the Research: This research uses normative research methods and comparative law research methods.Results of the Research: The similarity between the people's representative assembly (Indonesia) and the national parliament (Timor Leste) is that they both have the authority to formulate laws, as well as the similarity of legislative functions, budgetary functions, and oversight functions. The difference lies in the right to elect a general high councilor. In the Indonesian constitution, there is no general ministry high council election. The People's Representative Council does not have the authority to elect and appoint ministers, this is the President's authority as a perrogative right. Meanwhile in Timor Leste, the National Parliament elects the high council of general ministries.","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":"46571514","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.v29i1.1162
Desak Putu Dewi Kasih, Anak Agung Gede Duwira Hadi Santosa, Nico Dharmawan, I. K. T. Atmaja
Introduction: This article is to examine the arrangement of the Inventory of Communal Intellectual Property (ICP) in the perspective of the Culture Advancement or IPR and to locate the ideal future concept regarding the Inventory of Communal Intellectual Property (ICP).Purposes of the Research: The purpose of this research is to analyze the Communal Intellectual Property (ICP) inventory concept in the perspective of IPR or Cultural Advancement.Methods of the Research: This research uses normative legal research with the statutory approach and conceptual approach.Results of the Research: In this research was found that the inventory concept in the Cultural Advancement Law is more sustainable rather than Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 13 of 2017, subsequent to the inventory is conducted and it will be continued to the next stage are securing, maintaining, salvaging, and publishing.
{"title":"Inventory of Communal Intellectual Property: Among Intellectual Property Right and Cultural Advancement","authors":"Desak Putu Dewi Kasih, Anak Agung Gede Duwira Hadi Santosa, Nico Dharmawan, I. K. T. Atmaja","doi":"10.47268/sasi.v29i1.1162","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1162","url":null,"abstract":"Introduction: This article is to examine the arrangement of the Inventory of Communal Intellectual Property (ICP) in the perspective of the Culture Advancement or IPR and to locate the ideal future concept regarding the Inventory of Communal Intellectual Property (ICP).Purposes of the Research: The purpose of this research is to analyze the Communal Intellectual Property (ICP) inventory concept in the perspective of IPR or Cultural Advancement.Methods of the Research: This research uses normative legal research with the statutory approach and conceptual approach.Results of the Research: In this research was found that the inventory concept in the Cultural Advancement Law is more sustainable rather than Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 13 of 2017, subsequent to the inventory is conducted and it will be continued to the next stage are securing, maintaining, salvaging, and publishing.","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":"42075126","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.v29i1.1281
Ariman Sitompul
Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.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 testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.
{"title":"The Use of Forensic Physician Expertise In View of Health Law Against Murder Cases","authors":"Ariman Sitompul","doi":"10.47268/sasi.v29i1.1281","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1281","url":null,"abstract":"Introduction: The position of forensic expert evidence stands on the nature of the dualism of expert evidence, on one side of the expert evidence in the form of reports or post mortem et Repertum can still be assessed as expert evidence on the other side of the expert evidence in the form of reports also touches the letter evidence, but decision-making will be the nature of the dualism of forensic expert evidence lies in the confidence of the judge in making a decision. Forensic medicine plays a role in determining the causal relationship between an act and the consequences that will cause injury to the body or cause health problems or cause the death of a person (causal verbend).Purposes of the Research: The purpose of this study is to explain paradiqma conviction and judgment Judge tehadapa Forensic Medicine against murder case.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 testimony of forensic experts is essentially not binding on the judge. However, in a criminal procedure if it is necessary and the purpose is presented experts to explain the case, explain the cause and effect of the defendant's guilt in committing a criminal act, forensic expert testimony is needed in the trial.","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":"44898074","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.v29i1.1274
Ilham Aji Pangestu, Inas Sofia Latif, Chika Putri Nuralifa, Rommy Pratama
Introduction: Indigenous peoples are an order of society that existed even before the Indonesian nation was born. The Indonesian state recognizes the existence of indigenous peoples and their rights. The legal protection of indigenous peoples is the responsibility of the state as mandated by the constitution and other relevant laws and regulations regarding the management of natural resources. However, there are still conflicts between indigenous peoples, the government, and companies that have received management permits from the government.Purposes of the Research: This study aims to review and provide a policy model formulation regarding the protection of indigenous peoples in the context of environmental conservation.Methods of the Research: Researchers use normative legal research methods that examine through a statutory approach and a case approach. Legal materials are obtained through literature studies, both primary and secondary legal materials that are relevant to the problem under study.Results of the Research: The results show that currently the arrangements that are a form of recognition and protection of indigenous peoples are still scattered in many laws and regulations. Even though it has been regulated, the arrangement is still not enough, so a policy model for the protection of indigenous peoples is needed that also firmly provides protection in the context of preserving the environment. Because in fact indigenous peoples and the environment are an inseparable part.
{"title":"Environmental Conservation Policy Model Based on the Protection of Indigenous Peoples in Indonesia","authors":"Ilham Aji Pangestu, Inas Sofia Latif, Chika Putri Nuralifa, Rommy Pratama","doi":"10.47268/sasi.v29i1.1274","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1274","url":null,"abstract":"Introduction: Indigenous peoples are an order of society that existed even before the Indonesian nation was born. The Indonesian state recognizes the existence of indigenous peoples and their rights. The legal protection of indigenous peoples is the responsibility of the state as mandated by the constitution and other relevant laws and regulations regarding the management of natural resources. However, there are still conflicts between indigenous peoples, the government, and companies that have received management permits from the government.Purposes of the Research: This study aims to review and provide a policy model formulation regarding the protection of indigenous peoples in the context of environmental conservation.Methods of the Research: Researchers use normative legal research methods that examine through a statutory approach and a case approach. Legal materials are obtained through literature studies, both primary and secondary legal materials that are relevant to the problem under study.Results of the Research: The results show that currently the arrangements that are a form of recognition and protection of indigenous peoples are still scattered in many laws and regulations. Even though it has been regulated, the arrangement is still not enough, so a policy model for the protection of indigenous peoples is needed that also firmly provides protection in the context of preserving the environment. Because in fact indigenous peoples and the environment are an inseparable part.","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":"43985437","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.v29i1.1079
Abdel Asís, Y. Lewerissa
Introduction: The criminal policy of natural resource corruption in the fisheries sector can be carried out using two approaches, namely the penal approach and the non-penal approach.Purposes of the Research: .Methods of the Research: This research method is normative juridical while still involving the role of other social sciences in legal social studies. The approach used in this research is a statutory approach and a conceptual approach. Data collection was carried out by literature study and then analyzed qualitatively.Results of the Research: IUU Fishing practices such as transshipment, fraudulent acts of marking down ship sizes, using unreported foreign crew members or using falsified documents, bribing bribes in permit processing and various actions that lead to corrupt practices in the fisheries sector cause the country to suffer huge losses and have a bad impact on the country. people's welfare and exploitation of natural resources that can damage the ecosystem. For this reason, there is a need for criminal policy or efforts to overcome corruption by using two approaches, namely a repressive penal approach and a preventive non-penal approach.
{"title":"Criminal Policy Corruption Natural Resources In The Fisheries Sector","authors":"Abdel Asís, Y. Lewerissa","doi":"10.47268/sasi.v29i1.1079","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1079","url":null,"abstract":"Introduction: The criminal policy of natural resource corruption in the fisheries sector can be carried out using two approaches, namely the penal approach and the non-penal approach.Purposes of the Research: .Methods of the Research: This research method is normative juridical while still involving the role of other social sciences in legal social studies. The approach used in this research is a statutory approach and a conceptual approach. Data collection was carried out by literature study and then analyzed qualitatively.Results of the Research: IUU Fishing practices such as transshipment, fraudulent acts of marking down ship sizes, using unreported foreign crew members or using falsified documents, bribing bribes in permit processing and various actions that lead to corrupt practices in the fisheries sector cause the country to suffer huge losses and have a bad impact on the country. people's welfare and exploitation of natural resources that can damage the ecosystem. For this reason, there is a need for criminal policy or efforts to overcome corruption by using two approaches, namely a repressive penal approach and a preventive non-penal approach.","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":"49419920","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.v29i1.1294
A. I. Laturette, Sri Ayu Junita Sainyakit
Introduction: Customary law communities can own land rights, including the customary law community of Latdalam Village who have rights over land called land owned by relatives/soa whose control rights are carried out jointly.Purposes of the Research: This writing aims to determine the existence of the customary law community over Soa Olusi's land and the legal protection of the customary law community of Latdalam Village over Soa Olusi's land rights in the framework of the development of the Masela Block liquefied natural gas infrastructure.Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: Based on the results of the study, the land rights of the Soa Olusi customary law community in Latdalam Village are considered to still exist and are recognized in accordance with Act number 5 year 1999 article 2. And the process of transferring land rights belonging to Soa Olusi through buying and selling has an invalid legal status / legal defect because it does not comply with applicable procedures according to applicable customary law and Indonesian law. In relation to development for the public interest, the government must provide compensation and recognition of those who have land rights, namely Soa Olusi, and if the government is wrong or wrong in providing compensation and recognition, then there is legal protection for the Soa Olusi community, namely preventive legal protection. and repressive legal protection.
{"title":"Legal Protection for Indigenous Peoples for the Masela Block Gas Infrastructure","authors":"A. I. Laturette, Sri Ayu Junita Sainyakit","doi":"10.47268/sasi.v29i1.1294","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1294","url":null,"abstract":"Introduction: Customary law communities can own land rights, including the customary law community of Latdalam Village who have rights over land called land owned by relatives/soa whose control rights are carried out jointly.Purposes of the Research: This writing aims to determine the existence of the customary law community over Soa Olusi's land and the legal protection of the customary law community of Latdalam Village over Soa Olusi's land rights in the framework of the development of the Masela Block liquefied natural gas infrastructure.Methods of the Research: This research is a normative research that refers to the legislation and legal materials related to the substance of the research, then linked to the main problems in this research. The approach taken in this research is a statutory approach and a conceptual approach.Results of the Research: Based on the results of the study, the land rights of the Soa Olusi customary law community in Latdalam Village are considered to still exist and are recognized in accordance with Act number 5 year 1999 article 2. And the process of transferring land rights belonging to Soa Olusi through buying and selling has an invalid legal status / legal defect because it does not comply with applicable procedures according to applicable customary law and Indonesian law. In relation to development for the public interest, the government must provide compensation and recognition of those who have land rights, namely Soa Olusi, and if the government is wrong or wrong in providing compensation and recognition, then there is legal protection for the Soa Olusi community, namely preventive legal protection. and repressive legal protection.","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":"45916364","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.v29i1.1256
Meirina Nurlani, Joni Emirzon, M. Syaifuddin
Introduction: Weak protection of geographical indication law owned by users of geographically indicated goods or products cause unfulfilled the rights they deserve. The factors causing it are divided into 2, namely: 1. Weak position owned by users of geographically indicated goods or products. and 2. Weak regulation of law that provide legal protection to users of geographically indicated goods or products.Purposes of the Research: This research aims to analyze and explain factors that cause weak protection of geographical indication law for users of geographically indicated goods or products and also to find out the submission mechanism and procedure of geographical indication infringement lawsuit.Methods of the Research: This study used normative legal research. Research material used primary and secondary legal materials. Data was from library research. Discussion had been collected then processed and analyzed using qualitative approach then at the end of the research, conclusions were drawn using deductive method.Results of the Research: Factors caused weak protection of geographical indication law for geographically indicated users of goods and will provide input for appropriate legal regulations to increase protection of geographical indication law in the future. Furthermore, this also has a positive impact to users of geographically indicated goods and products that they could take legal action against business actors for losses they got in accordance with mechanism and procedure for filling geographical indication infringement lawsuit based on provisions of the applicable law.
{"title":"Weak Protection of Geographical Indication Law For Users of Geographically Indicated Goods or Products","authors":"Meirina Nurlani, Joni Emirzon, M. Syaifuddin","doi":"10.47268/sasi.v29i1.1256","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1256","url":null,"abstract":"Introduction: Weak protection of geographical indication law owned by users of geographically indicated goods or products cause unfulfilled the rights they deserve. The factors causing it are divided into 2, namely: 1. Weak position owned by users of geographically indicated goods or products. and 2. Weak regulation of law that provide legal protection to users of geographically indicated goods or products.Purposes of the Research: This research aims to analyze and explain factors that cause weak protection of geographical indication law for users of geographically indicated goods or products and also to find out the submission mechanism and procedure of geographical indication infringement lawsuit.Methods of the Research: This study used normative legal research. Research material used primary and secondary legal materials. Data was from library research. Discussion had been collected then processed and analyzed using qualitative approach then at the end of the research, conclusions were drawn using deductive method.Results of the Research: Factors caused weak protection of geographical indication law for geographically indicated users of goods and will provide input for appropriate legal regulations to increase protection of geographical indication law in the future. Furthermore, this also has a positive impact to users of geographically indicated goods and products that they could take legal action against business actors for losses they got in accordance with mechanism and procedure for filling geographical indication infringement lawsuit based on provisions of the applicable law.","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":"46669763","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.v29i1.1289
Jamillah Jamillah, Maswandi Maswandi
Introduction: Law enforcement and protection for cyber cases is focused on the protection of cyber victims consisting of physical or psychological violence, retaliation, humiliation, and mistreatment of people who commit cyber crimes, the sophistication of the media makes people often involved with cyber crimes. Where the focus of this paper discusses alternative cyber dispute resolution.Purposes of the Research: The purpose of this study is to explain the concept of cyber dispute resolution by using mediation as an option.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: Cyber dispute resolution, cyber crimes that can be done anywhere, even with the sophistication of technology today is possible for a criminal to use equipment that allows difficult or even untraceable places about where the crime was committed so that the first step in alternative dispute resolution is using persuasive ways with mediation mechanisms and then further, improving the quality of law enforcement in, make the law as the basis in every action in order to create equality before the law and the rule of law.
{"title":"Alternative Dispute Resolution In Cyber Dispute Resolution With Mediation Techniques","authors":"Jamillah Jamillah, Maswandi Maswandi","doi":"10.47268/sasi.v29i1.1289","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1289","url":null,"abstract":"Introduction: Law enforcement and protection for cyber cases is focused on the protection of cyber victims consisting of physical or psychological violence, retaliation, humiliation, and mistreatment of people who commit cyber crimes, the sophistication of the media makes people often involved with cyber crimes. Where the focus of this paper discusses alternative cyber dispute resolution.Purposes of the Research: The purpose of this study is to explain the concept of cyber dispute resolution by using mediation as an option.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: Cyber dispute resolution, cyber crimes that can be done anywhere, even with the sophistication of technology today is possible for a criminal to use equipment that allows difficult or even untraceable places about where the crime was committed so that the first step in alternative dispute resolution is using persuasive ways with mediation mechanisms and then further, improving the quality of law enforcement in, make the law as the basis in every action in order to create equality before the law and the rule of law.","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":"41732222","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.v29i1.1290
Iskandar Muda Sipayung
Introduction: The occurrence of legal problems related to objects that become fiduciary security, where some existing and well-known consumer finance institutions (leasing) often deal with the law, which is caused by default/inkar promises by consumers as fiduciary rights providers, so that leasing often deals with the authorities diakarenakan in taking action against delinquent consumers.Purposes of the Research: The purpose of this study is to explain the paradigm of material testing on the legal protection of fiduciary.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: Legal arrangements are needed for legal protection for consumer finance institutions (leasing) in obtaining fiduciary guarantees which in accordance with the agreement between leasing and consumers, are entitled to and belong to the institution if the consumer has defaulted/inkar promise, so that it can return the creditor, can be auctioned to the public, so that it does not have an impact on the economy, both from the company's revenue and the sustainability of the financing industry in Indonesia.
{"title":"Legal Analysis of The Financing Agreement Through The Application For Legal Examination The Fiduciary Guarantee Act The Constitutional Court","authors":"Iskandar Muda Sipayung","doi":"10.47268/sasi.v29i1.1290","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1290","url":null,"abstract":"Introduction: The occurrence of legal problems related to objects that become fiduciary security, where some existing and well-known consumer finance institutions (leasing) often deal with the law, which is caused by default/inkar promises by consumers as fiduciary rights providers, so that leasing often deals with the authorities diakarenakan in taking action against delinquent consumers.Purposes of the Research: The purpose of this study is to explain the paradigm of material testing on the legal protection of fiduciary.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: Legal arrangements are needed for legal protection for consumer finance institutions (leasing) in obtaining fiduciary guarantees which in accordance with the agreement between leasing and consumers, are entitled to and belong to the institution if the consumer has defaulted/inkar promise, so that it can return the creditor, can be auctioned to the public, so that it does not have an impact on the economy, both from the company's revenue and the sustainability of the financing industry in Indonesia.","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":"48840665","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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