Publisher: U of Pattimura   (Total: 2 journals)   [Sort by number of followers]

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Pattimura Law J.     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 5)
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SASI
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1693-0061 - ISSN (Online) 2614-2961
Published by U of Pattimura Homepage  [2 journals]
  • Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan
           Material Oleh PT Tukad Mas Kota Bima

    • Authors: Hajairin Hajairin; Gufran Sanusi, Aman Ma’arij
      Abstract: Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.
      PubDate: Thu, 07 Oct 2021 14:21:49 +090
       
  • Cover SASI Vol. 27 No. 3, Juli - September 2021

    • Authors: Muchtar A H Labetubun
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Fungsi Dewan Perwakilan Rakyat Daerah Kota Makassar pada Pembentukan
           Peraturan Daerah Responsif

    • Authors: Ismail Ismail; Andi Pangerang Moenta, Zulkifli Aspan
      Abstract: This research aims to identify and analyze the implementation of the function of The Assembly at Makassar City Regional in the formatting of responsive regional regulation. The type of research used is socio-juridical with sociological juridical, statutory and conceptual approach. The results show that the The Assembly at Makassar City Regional is still less responsive to formatting regional regulations, because it is not selective in choosing the people's wishes and lacks polite politics in formatting of regional regulations which has the implication of producing less responsive regional regulations, especially regarding the setting of distances in measurement between traditional markets and/or modern markets.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Problematika Hak Atas Kewarganegaraan Kehormatan Honorary Citizenship Di
           Indonesia: Implementasi Dan Dampaknya

    • Authors: Deden Rafi Syafiq Rabbani
      Abstract: The crucial problem in the context of honorary citizenship is related to the process of granting and the mechanism for obtaining special honorary citizenship status. This specificity has an impact on various important elements in regulating the citizenship of a country, both on the conditions, procedures for obtaining or granting mechanisms, to the enjoyment of the right to honorary citizenship. In Indonesia, through the presence of Law Number 12 of 2006 concerning the Citizenship of the Republic of Indonesia, the right to honorary citizenship is part of what is regulated in it. The aims of this paper include: First, to provide an analysis of the conception of honorary citizenship in citizenship law. Second, provide an analysis related to the implementation and impact of the regulation of honorary citizenship in Indonesia. Through a socio-legal approach and qualitative normative research accompanied by a comparative approach in the form of a micro comparison by looking at the substance and legal rules in detail, the results of the research are as follows: First, the concept of honorary citizenship can be seen through the dimensions of a country's citizenship regime based on legal arrangements, interests state, human rights factors and in state development, and the essential political values of a country. Second, with regard to the implementation and impact of the regulation of honorary citizenship in Indonesia, it affects 3 (three) conditions, namely (1) the conditions for obtaining honorary citizenship. (2) The authority to grant honorary citizenship. (3) In the context of losing honorary citizenship status status.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Kebijakan Kriminal Perburuan Burung Wallacea Di Kepulauan Aru

    • Authors: Yanti Amelia Lewerissa
      Abstract: Hunting for birds in the Aru Islands as one of the Wallacea regions is a crime that must be overcome to prevent the destruction of Wallacea bird species in Indonesia. This study aims to analyze how the criminal policy of hunting Wallacea birds in the Aru Islands. The research method used is normative jurudic, i.e. analyzing library materials or searching documents related to the problem under study. The approach used is the statutory approach and conceptual approach. Source of data used are secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods are the study of literature and analyzed qualitatively. The results showed that hunting birds on the Aru Islands if left unchecked would threaten Wallacea bird species. Efforts to control the crime of bird hunting can be done by using means of punishment and non-punishment. Non-penal means that can be applied through the application of Sasi Cenderawasi and Sasi Walet as a form of local wisdom of the Aru people in maintaining the balance of nature in which they live. While the means of punishment through the application of legislation relating to hunting animals (birds). It is hoped that the Government can add forest police personnel or Nature Conservation Center officers, improve facilities / infrastructure as support activities for the protection and supervision of the nature reserve area. In addition, community participation must be increased through awareness to obey the Sasi rules as local wisdom.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Optimalisasi Fungsi Legislasi Badan Musyawarah Kampung

    • Authors: Fransiskus Samderubun; Achmad Ruslan, Hamzah Halim
      Abstract: This study aims to optimize the implementation of the legislative function in the village consultative organization. This study using sociolegal law research methods, data collection techniques used are interviews, direct observation, literature study. All data obtained from this study, both primary data, secondary data, and tertiary data, are then processed and analyzed qualitatively for further description in order to provide understanding by explaining the results of this study, ideally, it discusses and agrees on a village regulation draft from the right of initiative. The proposal purpose is to gather the aspirations from the village community and stipulated in a village regulation product. However, the implementation of proposals and designs proposed by the Village Deliberative Council was low, resulting in the lack of village regulations being produced. There are 179 villages in Merauke district, none of it has village regulation product initiatively.. The decline performance of the Village Deliberative Council will result in ineffective legislative functions. Appropriate regulations, namely renewal and improvement in terms of Quality, Quantity, Timeliness, Effectiveness, Independence, Environment, become benchmarks in optimizing the legislative function of Village Deliberative Council. Something questionable here is whether the village community can follow the changes or reject the changes.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Intergrated Criminal Policy: Peran Kementerian Agama Dalam Pencegahan
           Tindak Pidana Korupsi

    • Authors: Jusafri Jusafri
      Abstract: This research aims to determine the relationship between criminal law policies as an effort to prevent corruption and to analyze how the Ministry of Religion program should be in preparing programs for preventing corruption in relation to the Integrated Criminal Policy. So that the writing will discuss the relationship between criminal law policies as an effort to prevent corruption and an integrated criminal law policy or Integrated Criminal Policy can increase the role of the Ministry of Religion in preventing corruption. The approach used in this research is the statute approach to examine regulations related to the Ministry of Religion and the prevention of corruption, the conceptual approach, which is to move from the views and doctrines in criminal law related to criminal law policies. integrated (integrated criminal policy). Prevention of corruption which is explicitly stated in UNCAC, the KPK Law and the United Nations Convention on crime prevention is an effort outside of criminal law (non-penal) which is an inseparable part of criminal law policy. The social policy carried out by the Ministry of Religion in preventing corruption is an effort outside of criminal law (non-penal) and can balance the eradication of corruption through criminal law (penal) carried out by law enforcers. This kind of social policy is a manifestation of an integrated criminal law policy that can be carried out by the government.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Implementasi Sertifikat Elektronik Sebagai Jaminan Kepastian Hukum
           Kepemilikan Hak Atas Tanah di Indonesia

    • Authors: Nur Hidayani Alimuddin
      Abstract: The occurrence of falsification of land certificates, multiple land certificates or overlapping land certificates and the rampant land mafia are the causes of various land disputes which will ultimately harm the citizen. This means that land rights certificates no longer provide legal certainty for the citizen. So basically the government does need a new legal breakthrough by the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates. The type of research used in this research is normative legal research (doctrinal legal research). The approach method in this study uses a statutory approach, an approach using legislation and regulations. The results of this study are the mechanism of the land registration system based on an electronic system will produce an output in the form of an electronic document in the form of an electronic certificate (e-certificate). The e-certificate will provide benefits to the citizen in the form of easy access to digital data and will be free from falsification of land certificates which are the basis for guaranteeing legal certainty for ownership of land rights.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Pembuktian Potensi Kerugian dalam Gugatan terhadap Keputusan Tata Usaha
           Negara

    • Authors: Rizky Ramadhan Baried
      Abstract: Administrative court verdict number 04/G/2013/PTUN.YK. juncto 149/B/2013/PT.TUN.SBY., verdict number 18/G/2015/PTUN.YK. juncto 115/B/2016/PT.TUN.SBY. juncto 37 PK/TUN/2017, and verdict number 14/G/2017/PTUN.YK. juncto 205/B/2017/PT.TUN.SBY. were example that license (as the state administrative decision) issued by administrative officials as the object of lawsuit in administrative court, by the reason of potential loss, which normatively regulared by law number 9 of 2004 and its expansion in law number 30 of 2014. As known, principle of ‘negativa non sunt probanda’ state that facts that have not/not yet been proven cannot be proven, while it is opened by the regulation above, of course it will have implications for the procedure of evidence in court to arouse the confiction of judges and affordability of Article 53 of law number 9 of 2004 in a lawsuit with a potential loss reason. This research is an empirical legal research with statutory, conceptual, and case approaches. Subject of this research was administrative judges of Yogyakarta Administrative Court as primary data and analyzed qualitatively. The results showed that the judge could prove the potential loss as the basis of lawsuit by assessing the legal standing of plaintiff, whether plaintiff had an interest in the issuance of the state administrative decisions or not. Meanwhile, potential losses can be proven by means of a systematic interpretation between Article 53 of law number 9 of 2004 and Article 87 of law number 30 of 2014.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Prevention of Violence Against Wife In The Household (Human Rights
           Perspective)

    • Authors: Margie Gladies Sopacua
      Abstract: This paper aims to find and discuss new ideas or thoughts in preventing violence against wives in the household. This research is a normative legal research, the type of research is descriptive analytical.  Sources of Legal Materials used are primary legal materials and secondary legal materials. The technique of collecting legal materials is through a library research on legal materials, both primary legal materials, secondary legal materials, then analyzed qualitatively on the problems, as well as conducting an inventory and systematization. The results of this study found several new ideas in an effort to prevent before the occurrence of domestic violence, including 1) as part of a legal society we must help each other in creating a “harmonious household” 2) provide understanding to husbands that domestic violence against wives is a crime that can be subject to legal sanctions, 3) help instill good religious values for men in this case is the husband 4) Build a positive mindset for men as husbands to fight egoism and believe that violence against wives is something that is prohibited 5) The role of religious leaders in this case is every couple who is getting married must at least carry out premarital counseling for 3 (three) months, and 6) be aware that domestic violence committed to the wife will have a psychological impact that is not good for the wife, especially the child's psychology.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Penerapan Asas Primum Remedium Tindak Pidana Lingkungan Hidup

    • Authors: Kania Tamara Pratiwi; Siti Kotijah, Rini Apriyani
      Abstract: The principle of primum remedium emphasizes the application of Article 84 of Law Number 32 of 2009 concerning Protection and Management of the Environment, whose actions do not need to be proven, it is clear that committing environmental crimes, which in environmental law enforcement is rarely applied by judges in the Supreme Court decisions. Doctrinal research with the adjudication of judges' decisions. The application of the primum remedium principle in environmental law enforcement in B3 waste cases does not need to be proven and clearly commits pollution and destruction of the environmental environment, thus providing a deterrent effect for perpetrators and anyone who will commit environmental crimes. The formulation of the classification of criminal elements is clearly and firmly regulated in the UUPPLH criminal provisions relating to the application of the two principles of primum remedium and ultimum remedium. The validity of criminal law as primum remedium with Decision Number 487 / Pid.B / LH / 209 / PN Sm, does not pay attention to formal offenses so that environmental crimes can be released from criminal threats. For this reason, the judge's understanding and certification in deciding cases related to environmental law must be evaluated and monitored for the judge.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
  • Perbuatan Tercela Sebagai Salah Satu Alasan Pemakzulan Presiden Dan/Atau
           Wakil Presiden Dalam Kajian Hukum Pidana Di Indonesia

    • Authors: Muhammad Irham; Nani Mulyati
      Abstract: The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.
      PubDate: Thu, 07 Oct 2021 00:00:00 +090
       
 
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