Pub Date : 2022-12-30DOI: 10.47268/sasi.v28i4.1077
Lily Bauw, E. D. Silambi, Ibrahim Kama, N. Ismail
Introduction: Pretrial is the initial thought to carry out supervisory actions against law enforcement officials so that in carrying out or carrying out their duties there is no abuse of authority.Purposes of the Research: To review and analyze Pre-Trial As Investigation Process Control System.Methods of the Research: The research method used in this study is Empirical Juridical law research with the reason that the author wants to examine norms related to pretrial and seek information directly about the implementation of pretrial at the Merauke Merauke Police.Results of the Research: Pretrial is a form of control both from superiors (Vertical) as well as from fellow law enforcers or third parties, namely the attorneys of suspects, suspects and their families (Horizontal) to see that the arrest, detention and determination of suspects are in accordance with applicable rules and pretrial. must have rules regarding inspection techniques so that there is uniformity.
{"title":"Pre-Trial As Investigation Process Control System","authors":"Lily Bauw, E. D. Silambi, Ibrahim Kama, N. Ismail","doi":"10.47268/sasi.v28i4.1077","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1077","url":null,"abstract":"Introduction: Pretrial is the initial thought to carry out supervisory actions against law enforcement officials so that in carrying out or carrying out their duties there is no abuse of authority.Purposes of the Research: To review and analyze Pre-Trial As Investigation Process Control System.Methods of the Research: The research method used in this study is Empirical Juridical law research with the reason that the author wants to examine norms related to pretrial and seek information directly about the implementation of pretrial at the Merauke Merauke Police.Results of the Research: Pretrial is a form of control both from superiors (Vertical) as well as from fellow law enforcers or third parties, namely the attorneys of suspects, suspects and their families (Horizontal) to see that the arrest, detention and determination of suspects are in accordance with applicable rules and pretrial. must have rules regarding inspection techniques so that there is uniformity. ","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47933254","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1145
A. Gunawan, N. Nadir, Fatkhurohman Fatkhurohman
Introduction: Environmental protection is no longer negotiable, in Indonesia and internationally the destruction of the environment due to mining and deforestation has reached an alarming threshold and threatens the lives of future generations. The actions that have been taken and the existence of institutions / organizations in the field of environment are not able to make a maximum contribution to environmental protection.Purposes of the Research: The purpose of this research is to find a concept of strengthening environmental protection that is more effective and efficient and can be applied in preventing massive environmental damage both on a national and international scale and efforts to rehabilitate environmental damage that can be carried out by local communities with government support in the future, especially in the era of the industrial revolution 4.0.Methods of the Research: This research is a qualitative research that examines legal policies (normative legal research) related to the environment. The data used is secondary data in the form of literature from the opinions of experts as well as the results of previous studies relevant to the topic of the problem. The collected data is grouped according to the stages and systematics of research and the flow of discussion then analyzed by providing explanations that are strengthened by theories from legal experts, especially in the environmental field.Results of the Research: Strengthening environmental protection and management in the industrial era 4.0 can be done in two ways, namely: (1) strengthening the role of the community initiated and fully supported by the government by making the community a partner in environmental management (2) Institutional strengthening in environmental protection and management, namely by making customary / community institutions as one of the main elements in policies related to the environment.
{"title":"Building The Strengthening of Environmental Protection and Management In The Industrial Revolution-Era 4.0","authors":"A. Gunawan, N. Nadir, Fatkhurohman Fatkhurohman","doi":"10.47268/sasi.v28i4.1145","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1145","url":null,"abstract":"Introduction: Environmental protection is no longer negotiable, in Indonesia and internationally the destruction of the environment due to mining and deforestation has reached an alarming threshold and threatens the lives of future generations. The actions that have been taken and the existence of institutions / organizations in the field of environment are not able to make a maximum contribution to environmental protection.Purposes of the Research: The purpose of this research is to find a concept of strengthening environmental protection that is more effective and efficient and can be applied in preventing massive environmental damage both on a national and international scale and efforts to rehabilitate environmental damage that can be carried out by local communities with government support in the future, especially in the era of the industrial revolution 4.0.Methods of the Research: This research is a qualitative research that examines legal policies (normative legal research) related to the environment. The data used is secondary data in the form of literature from the opinions of experts as well as the results of previous studies relevant to the topic of the problem. The collected data is grouped according to the stages and systematics of research and the flow of discussion then analyzed by providing explanations that are strengthened by theories from legal experts, especially in the environmental field.Results of the Research: Strengthening environmental protection and management in the industrial era 4.0 can be done in two ways, namely: (1) strengthening the role of the community initiated and fully supported by the government by making the community a partner in environmental management (2) Institutional strengthening in environmental protection and management, namely by making customary / community institutions as one of the main elements in policies related to the environment.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44034080","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1058
S. Riyanto, Febrian Febrian, Z. Zanibar
Introduction: Indonesia is a democratic country that has diversity where the people consist of various ethnicities or ethnic groups, races, cultures and languages, as well as religious diversity and political ideologies. Bhinneka Tunggal Ika is the right motto for the Indonesian people who have diversity but want unity. Therefore, it is necessary to normalize Bhinneka Tunggal Ika and actualize it in the implementation of democracy.Purposes of the Research: Analyze and study in depth, as well as find and build legal arguments about how the norming of Bhinneka Tunggal Ika should be in laws and regulations, and how the actualization of the motto of Bhinneka Tunggal Ika should be in the implementation of democracy in Indonesia. Furthermore, it can provide appropriate recommendations to related parties.Methods of the Research: This normative legal research uses research sources in the form of legal sources and literature studies. The approaches used are: statute approach, conceptual approach, historical approach, comparative approach and futuristic approach. Drawing conclusions in this study by building legal arguments to answer legal issues that have been formulated as research objects.Results of the Research: The results of the discussion are as follows: 1) The standardization of the motto Bhinneka Tunggal Ika is in the 1945 Constitution of the Republic of Indonesia in Article 36A and in Law Number 24 Year 2009, where the regulation becomes a single entity in the State Emblem. 2) Bhinneka Tunggal Ika should be a guideline for the life of the state, and be actualized in democracy through political consensus and deliberation which are the hallmarks of Indonesian democracy.
{"title":"Bhinneka Tunggal Ika: Its Norming and Actualization in Democracy in Indonesia","authors":"S. Riyanto, Febrian Febrian, Z. Zanibar","doi":"10.47268/sasi.v28i4.1058","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1058","url":null,"abstract":"Introduction: Indonesia is a democratic country that has diversity where the people consist of various ethnicities or ethnic groups, races, cultures and languages, as well as religious diversity and political ideologies. Bhinneka Tunggal Ika is the right motto for the Indonesian people who have diversity but want unity. Therefore, it is necessary to normalize Bhinneka Tunggal Ika and actualize it in the implementation of democracy.Purposes of the Research: Analyze and study in depth, as well as find and build legal arguments about how the norming of Bhinneka Tunggal Ika should be in laws and regulations, and how the actualization of the motto of Bhinneka Tunggal Ika should be in the implementation of democracy in Indonesia. Furthermore, it can provide appropriate recommendations to related parties.Methods of the Research: This normative legal research uses research sources in the form of legal sources and literature studies. The approaches used are: statute approach, conceptual approach, historical approach, comparative approach and futuristic approach. Drawing conclusions in this study by building legal arguments to answer legal issues that have been formulated as research objects.Results of the Research: The results of the discussion are as follows: 1) The standardization of the motto Bhinneka Tunggal Ika is in the 1945 Constitution of the Republic of Indonesia in Article 36A and in Law Number 24 Year 2009, where the regulation becomes a single entity in the State Emblem. 2) Bhinneka Tunggal Ika should be a guideline for the life of the state, and be actualized in democracy through political consensus and deliberation which are the hallmarks of Indonesian democracy.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43518476","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1182
Shenti Agustini
Introduction: One type of human rights is civil rights. Correctional institutions are places to build relationships with civil rights concerns. However, in practice, when dealing with divorce cases, they cannot attend the divorce party and are not given a verstek decision. Purposes of the Research: The purpose of this study is to analyze the implementation of Law No. 12 of 1995 concerning Corrections.Methods of the Research: The research method is normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is 1945 Constitution, Law Number 1 of 1974 concerning marriage, Law Number 12 of 1995 concerning Corrections and the theoretical basis used is theory of legal objectives according to Gustav Radbruch.Results of the Research: Based on the results of the study, the law on corrections has not yet achieved its legal objectives. This is due to the weak structure, substance and culture of prisons. This causes whether or not the civil rights are fulfilled. Therefore, it is necessary to revise the correctional law by taking into account civil rights when dealing with divorce cases.
{"title":"Fulfillment of The Civil Rights of Prisoners Concerning Legal Cases Relating To Divorce","authors":"Shenti Agustini","doi":"10.47268/sasi.v28i4.1182","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1182","url":null,"abstract":"Introduction: One type of human rights is civil rights. Correctional institutions are places to build relationships with civil rights concerns. However, in practice, when dealing with divorce cases, they cannot attend the divorce party and are not given a verstek decision. Purposes of the Research: The purpose of this study is to analyze the implementation of Law No. 12 of 1995 concerning Corrections.Methods of the Research: The research method is normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is 1945 Constitution, Law Number 1 of 1974 concerning marriage, Law Number 12 of 1995 concerning Corrections and the theoretical basis used is theory of legal objectives according to Gustav Radbruch.Results of the Research: Based on the results of the study, the law on corrections has not yet achieved its legal objectives. This is due to the weak structure, substance and culture of prisons. This causes whether or not the civil rights are fulfilled. Therefore, it is necessary to revise the correctional law by taking into account civil rights when dealing with divorce cases.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49016994","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1024
Faharudin Faharudin
Introduction: Recognition of the existence of customary law in Indonesia has existed since the time of the independence of the Republic of Indonesia, which until now has been formally recognized by amendments to the 1945 Constitution of the Republic of Indonesia. This is expressly regulated in Article 18B paragraph (1 ) and paragraph (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: To find out how far the Implementation of Constitutional Law Values of the Dignity of the Seven Buton Sultanates in the Implementation of Government.Methods of the Research: This type of research uses an empirical juridical type, with historical, conceptual and statutory approaches. Data is a collection of information needed in the implementation of a research that comes from various sources. Data obtained from the field both primary and secondary data were analyzed using qualitative analysis techniques, then presented in a descriptive form.Results of the Research: The legal values of Bhinci-bhinciki Coolies in the Baubau City Government include a culture of shame (pomae-maeaka), meaning that they are ashamed to do disgraceful things such as KKN, a culture of caring for each other (popia-piara), a culture of mutual love (poma-maasiaka), and culture of mutual respect (poangka-angkataka), so as to create a harmonious, safe, peaceful and peaceful atmosphere. Teachers value their students, parents love their children, and leaders value their subordinates. Subordinates who excel are given gifts/rewards such as salary increases and regular attention to promotion. Conversely, subordinates who violate are given sanctions/punishment.
{"title":"Implementation of the Legal Value of Bhinci-Bhinciki Coolies of The Sultanate of Buton in The Maintenance of Government","authors":"Faharudin Faharudin","doi":"10.47268/sasi.v28i4.1024","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1024","url":null,"abstract":"Introduction: Recognition of the existence of customary law in Indonesia has existed since the time of the independence of the Republic of Indonesia, which until now has been formally recognized by amendments to the 1945 Constitution of the Republic of Indonesia. This is expressly regulated in Article 18B paragraph (1 ) and paragraph (2) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: To find out how far the Implementation of Constitutional Law Values of the Dignity of the Seven Buton Sultanates in the Implementation of Government.Methods of the Research: This type of research uses an empirical juridical type, with historical, conceptual and statutory approaches. Data is a collection of information needed in the implementation of a research that comes from various sources. Data obtained from the field both primary and secondary data were analyzed using qualitative analysis techniques, then presented in a descriptive form.Results of the Research: The legal values of Bhinci-bhinciki Coolies in the Baubau City Government include a culture of shame (pomae-maeaka), meaning that they are ashamed to do disgraceful things such as KKN, a culture of caring for each other (popia-piara), a culture of mutual love (poma-maasiaka), and culture of mutual respect (poangka-angkataka), so as to create a harmonious, safe, peaceful and peaceful atmosphere. Teachers value their students, parents love their children, and leaders value their subordinates. Subordinates who excel are given gifts/rewards such as salary increases and regular attention to promotion. Conversely, subordinates who violate are given sanctions/punishment.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44145597","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1167
A. Kusumaningrum
Introduction: Medical action is a doctor's action toward a patient which includes preventive, diagnostic, curative, or rehabilitative measures. The medical action certainly brings legal consequences, so a doctor is legally responsible for the medical actions he takes, including the act of delaying and terminating life support.Purposes of the Research: This study aims to examine and analyze the responsibility of doctors for the act of delaying and terminating life support for terminal patients during the COVID-19 pandemic, as well as the obstacles and solutions.Methods of the Research: This research approach is normative juridical with secondary data as the main data obtained through literature study and will be analyzed qualitatively.Results of the Research: This study found that doctors who are negligent and guilty when performing acts of delaying and discontinuing life support can be prosecuted for criminal, civil, administrative and professional ethical responsibility. The enactment of a ministerial-level regulation that regulates this action provides legal protection for doctors, where there is a change in the way of making decisions on medical actions so that the doctor's legal responsibility turns into a collective or corporate responsibility. However, the implementation of the regulation still has various shortcomings, so legal protection for doctors is not optimal.
{"title":"Doctor's Responsibility For Actions of Delaying And Termination of Life Support of Terminal Patients During The Covid-19 Pandemi","authors":"A. Kusumaningrum","doi":"10.47268/sasi.v28i4.1167","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1167","url":null,"abstract":"Introduction: Medical action is a doctor's action toward a patient which includes preventive, diagnostic, curative, or rehabilitative measures. The medical action certainly brings legal consequences, so a doctor is legally responsible for the medical actions he takes, including the act of delaying and terminating life support.Purposes of the Research: This study aims to examine and analyze the responsibility of doctors for the act of delaying and terminating life support for terminal patients during the COVID-19 pandemic, as well as the obstacles and solutions.Methods of the Research: This research approach is normative juridical with secondary data as the main data obtained through literature study and will be analyzed qualitatively.Results of the Research: This study found that doctors who are negligent and guilty when performing acts of delaying and discontinuing life support can be prosecuted for criminal, civil, administrative and professional ethical responsibility. The enactment of a ministerial-level regulation that regulates this action provides legal protection for doctors, where there is a change in the way of making decisions on medical actions so that the doctor's legal responsibility turns into a collective or corporate responsibility. However, the implementation of the regulation still has various shortcomings, so legal protection for doctors is not optimal.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44175034","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1071
Sabela Gayo
Introduction: The enforceability of Article 16 and the Constitutional Court decision number 26/PUU-XI/2013 does not necessarily exempt advocates from alleged intervention in the enforcement process in carrying out their profession to defend clients, but that right can be lost said the lawyer committed a criminal act of Obstruction of Justice.Purposes of the Research: The purpose of this study is to explain the right of attorney immunity can be lost when committing a criminal act of Obstruction of Justice.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: Advocates in terms of exercising their profession require immunity rights, but the use of immunity rights has definitive conditions that must be considered as stipulated in Article 16 of law no. 18 of 2003. The act of an advocate should be suspected of committing a criminal act of obstruction of justice if the act is not related to his professional duties and is not based on good faith. The action taken by The Advocate in relation to his professional duties has the meaning that the action is carried out for the benefit of the client's defense. Good faith referred to in Article 16 is to carry out professional duties for the sake of establishing justice based on the law to defend the interests of its clients.
{"title":"Loss of Advocate Immunity Due To Obstruction Of Justice Based On Criminal Provisions","authors":"Sabela Gayo","doi":"10.47268/sasi.v28i4.1071","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1071","url":null,"abstract":"Introduction: The enforceability of Article 16 and the Constitutional Court decision number 26/PUU-XI/2013 does not necessarily exempt advocates from alleged intervention in the enforcement process in carrying out their profession to defend clients, but that right can be lost said the lawyer committed a criminal act of Obstruction of Justice.Purposes of the Research: The purpose of this study is to explain the right of attorney immunity can be lost when committing a criminal act of Obstruction of Justice.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: Advocates in terms of exercising their profession require immunity rights, but the use of immunity rights has definitive conditions that must be considered as stipulated in Article 16 of law no. 18 of 2003. The act of an advocate should be suspected of committing a criminal act of obstruction of justice if the act is not related to his professional duties and is not based on good faith. The action taken by The Advocate in relation to his professional duties has the meaning that the action is carried out for the benefit of the client's defense. Good faith referred to in Article 16 is to carry out professional duties for the sake of establishing justice based on the law to defend the interests of its clients.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41606911","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 : 2022-12-30DOI: 10.47268/sasi.v28i4.1039
Aras Firdaus, Renhard Harve, Bona Fernandez Martogi Tua Simbolon
Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits. So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.
{"title":"The Ultimate Remedium Principle in the Strategy of Returning and Recovering Corruption Crimes","authors":"Aras Firdaus, Renhard Harve, Bona Fernandez Martogi Tua Simbolon","doi":"10.47268/sasi.v28i4.1039","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1039","url":null,"abstract":"Introduction: The problem of corruption is not new in a country. So that the application of the ultimum remedium principle in corruption crimes provides a deterrent effect for the perpetrators to recover assets from state losses. The ultimum remedium principle places criminal law as a last resort in realizing legal justice, legal certainty, and legal benefits.Purposes of the Research: This study aims to determine the principle of criminal law as a last resort (Ultimate Remedium) as an Effort in the Eradication of Corruption and how effective the ultimum remedium principle is in eradicating corruption.Methods of the Research: The research method used is normative research. Normative or doctrinal legal research is a legal research that puts the law as a building system of norms. The technique of data collection is done by literature study.Results of the Research: The study results show that the ultimum remedium principle is very effective if the punishment given to the perpetrators of corruption is in the form of hefty penalties to provide a deterrent effect and provide an example for the community not to do so. This study concludes that the ultimum remedium principle is the last step in achieving legal justice, legal certainty, and legal benefits. So that an integral criminal justice system is carried out with a systemic approach with related policy arrangements in the field of structuring legal substance, legal structures or institutions, and legal culture.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45647224","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: Cases of domestic violence are increasing in Indonesia, this is a manifestation of the unequal power relations between men and women and is also influenced by the culture/customs of the community, one of which is the Tobelo woman in the Hibualamo customs.Purposes of the Research: This study aims to explain the concept of Restorative Justice in the Indonesian criminal law system and the Restorative Justice Model in Resolving Domestic Violence Cases against Tobelo women.Methods of the Research: The research method used is a combination of empirical-normative legal research. The approach uses a socio-legal approach (social science) and a statutory approach (statute approach).Results of the Research: The results of this study include: 1. There is negative labeling of women in Tobelo customary law in the misunderstanding of the Hibualamo concept; 2. The concept of Restorative justice based on Hibualamo ideology which contains noble values that are fair and moral can be the basis for resolving cases of domestic violence in Tobelo to create harmonization and prevent multi-interpretation gaps in the implementation of restorative justice
{"title":"Women and Violence In Hibualamo Traditions (An Analysis of Restorative Justice in Resolving Casses of Domestic Violence)","authors":"Lilian Gressthy Florencya Apituley, S. Eddyono","doi":"10.47268/sasi.v28i3.972","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.972","url":null,"abstract":"Introduction: Cases of domestic violence are increasing in Indonesia, this is a manifestation of the unequal power relations between men and women and is also influenced by the culture/customs of the community, one of which is the Tobelo woman in the Hibualamo customs.Purposes of the Research: This study aims to explain the concept of Restorative Justice in the Indonesian criminal law system and the Restorative Justice Model in Resolving Domestic Violence Cases against Tobelo women.Methods of the Research: The research method used is a combination of empirical-normative legal research. The approach uses a socio-legal approach (social science) and a statutory approach (statute approach).Results of the Research: The results of this study include: 1. There is negative labeling of women in Tobelo customary law in the misunderstanding of the Hibualamo concept; 2. The concept of Restorative justice based on Hibualamo ideology which contains noble values that are fair and moral can be the basis for resolving cases of domestic violence in Tobelo to create harmonization and prevent multi-interpretation gaps in the implementation of restorative justice","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45814317","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 : 2022-10-13DOI: 10.47268/sasi.v28i3.1031
Johanis Steny Franco Peilouw
Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. The collection technique is carried out through literature studies and then analyzed using qualitative methods.Results of the Research: The practice of some countries today in order to anticipate such an attack, pre-emtive military strikes are carried out in the context of anticipatory self-defense, with the aim of conducting self-defense before an attack occurs. The practice of anticipatory self-defence has become a serious conversation among academics, even when the act is practiced repeatedly continuously by a number of countries and recognized for its existence, it is certain to set a precedent that leads to the creation of an international customary law. Self-defence anticipatory measures applied in the doctrine of preemptive military strike have been adopted by several countries before and after the formation of the UN organization. But this has not set a legal precedent, despite efforts to make it an International custom through the practice of countries. If this is allowed to take place, it will at some point become customary international law. The application of the preemptive military strike will affect the establishment of new international law provisions.
{"title":"The Effect of the Pre-emtive Military Strike Doctrine on Efforts to Establish New International Legal Provisions","authors":"Johanis Steny Franco Peilouw","doi":"10.47268/sasi.v28i3.1031","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.1031","url":null,"abstract":"Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. The collection technique is carried out through literature studies and then analyzed using qualitative methods.Results of the Research: The practice of some countries today in order to anticipate such an attack, pre-emtive military strikes are carried out in the context of anticipatory self-defense, with the aim of conducting self-defense before an attack occurs. The practice of anticipatory self-defence has become a serious conversation among academics, even when the act is practiced repeatedly continuously by a number of countries and recognized for its existence, it is certain to set a precedent that leads to the creation of an international customary law. Self-defence anticipatory measures applied in the doctrine of preemptive military strike have been adopted by several countries before and after the formation of the UN organization. But this has not set a legal precedent, despite efforts to make it an International custom through the practice of countries. If this is allowed to take place, it will at some point become customary international law. The application of the preemptive military strike will affect the establishment of new international law provisions.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44318240","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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