JournalTOCs

SASI
Number of Followers: 8

This is an Open Access Journal

Open Access journal
ISSN (Print) 1693-0061 - ISSN (Online) 2614-2961
Published by U of Pattimura

[3 journals]

Validity of Agreements in the Digital era: Study of Electronic Contracts,
Cryptocurrencies and Non-Fungible Tokens
- Authors: Ronald Fadly Sopamena
  Pages: 336 - 343
  Abstract: Introduction: E-commerce transactions that develop, of course, bring changes to agreements that have been carried out conventionally, the digital era has finally brought about a new world called the metaverse with a number of assets in the form of objects such as Non-Fungible Tokens (NFT) and Crypto Currency that only exist in cyberspace.Purposes of the Research: The purpose of this research is to examine how the validity of agreements in the digital era, especially regarding electronic contracts and the purchase of Crypto Currency and NFT from Indonesian law persperctive.Methods of the Research: This research is descriptive analytical with a normative juridical type using primary, secondary and tertiary data from literature studies, both legislation and legal literature and other documents.Results of the Research: Both electronic contracts and electronic signatures used in e-commerce already have a legal basis so that their use is not something that is prohibited. Talking about the validity of an agreement will not be separated from Article 1320 of the Civil Code which requires 4 points that must be fulfilled in order for an agreement to be valid in the eyes of the law. This also applies to buying and selling crypto and NFT. Crypto is actually a currency, not recognized by the state. However, crypto can be traded and recognized as a trading commodity. NFT does not yet have special regulations, but the legal requirements for buying and selling NFT are still met even if the transaction uses crypto.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.834
  Issue No: Vol. 28, No. 3 (2022)
Force Majeure or Hardship Principle In Termination of Employment During
The Covid-19 Pandemic
- Authors: Junaidi Junaidi, Mila Surahmi, Desmawaty Romli
  Pages: 344 - 357
  Abstract: Introduction: The company often uses the spread of the Covid 19 virus in Indonesia in carrying out the Termination of Employment (PHK). Force Majeure is regulated by Article 164 of Law No. 13 of 2003 on Manpower but does not regulate epidemics or diseases as force majeure. Hardship itself is not regulated, and this doctrine is not yet known in Indonesia, as evidenced by the lack of contracts implementing the hardship clause.Purposes of the Research: The purpose of this study is to provide legal protection for employees who have experienced termination of employment due to the Covid-19 pandemic based on the principle of hardship.Methods of the Research: The research method used is normative juridical or doctrinal law research. It is research that uses the approach of legislation in the governance and legal values that live in society.Results of the Research: The results of this study include two things, namely the principle of force majeure or hardship in termination of employment, Companies that terminate employment should renegotiate by delaying work or known as the hardship principle. Using the force majeure principle causes workers to be unable to carry out their obligations, namely doing work. Based on the freedom of contract, the hardship principle principle clause can continue to carry out the agreement for workers affected by Covid-19. While the second is the legal consequences of the Covid-19 pandemic on work agreements, basically, in resolving the legal consequences caused by the Covid-19 pandemic, honesty from the parties is needed. This principle is known as good faith. It greatly determines the condition of the Covid-19 pandemic in the termination of employment by the company so that the parties can renegotiate their work agreement.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.941
  Issue No: Vol. 28, No. 3 (2022)
Juridical Analysis of Handling Homelessness and Beggar
- Authors: Arhjayati Rahim, Ira Suryani Mustapa
  Pages: 358 - 368
  Abstract: Introduction: This research analyzes how to handle homelessness and beggars in Gorontalo city either by Indonesian Criminal Code or by Regional regulation in Gorontalo city number 1 of 2018 concerning order and handling approach.Purposes of the Research: This research aims to study and analyze the handling of the homelessness and beggars in Gorontalo City using criminal code regulations and local regulations in Gorontalo City number 1 of 2018 about order and approaching handling.Methods of the Research: The method used in this research is the Sociological Juridicial Method The site of research was in Social and Society Empowerment Service of Gorontalo, the Municipal Police Government service of Gorontalo, the Police station of Gorontalo city, the red light crossing of Baiturrahim Mosque in Gorontalo city, the crossing road of Gelael building, the Shopping center, central market, mall of Gorontalo, and Crossing road of Bunda Hospital, and some streets in Gorontalo city.Results of the Research: Handling process through Indonesian criminal code (KUHP) using quick investigation report, single law trial, the prosecutor is not mandatory to present/investigator can act as prosecutor in the court. Regional regulation number 1 of 2018 regulates two penalties: administrative (article 30) and criminal (article 32), preventive efforts in the form of emotional approach, coaching, making investigation report, and the last is returned to their respective place.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.943
  Issue No: Vol. 28, No. 3 (2022)
Women and Violence In Hibualamo Traditions (An Analysis of Restorative
Justice in Resolving Casses of Domestic Violence)
- Authors: Lilian Gressthy Florencya Apituley, Sri Wiyanti Eddyono
  Pages: 369 - 378
  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
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.972
  Issue No: Vol. 28, No. 3 (2022)
Implementation Double-Track System Criminal Sanctions and Rehabilitation
Against Narcotic Abusers
- Authors: Muhamad Chaidar, Budiarsih Budiarsih
  Pages: 379 - 389
  Abstract: Introduction: The application of sanctions is regulated in Law no. 35 of 2009 concerning Narcotics, which tends to impose criminal sanctions, does not have an impact, in fact there are more narcotics abusers. In accordance with the mandate of Law no. 35 of 2009 concerning narcotics, addicts and victims of narcotics abuse are entitled to rehabilitation, both medical rehabilitation and social rehabilitation. In general, addicts and victims of narcotics abuse have not been able to access rehabilitation services, especially addicts and victims of narcotics abuse who are in prisons or detention centers.Purposes of the Research: focus of the formulation in this research is How to Analyze the Meaning of Medical Rehabilitation Obligations for Narcotics Addicts'.Methods of the Research: The method used in this research is the normative juridical method and the law approach as well as the conceptual approach. They are in medical rehabilitation and/or social rehabilitation institutions.Results of the Research: Researchers suggest to the Government and the DPR to add explanations for narcotics addicts in Article 54 of Law Number 35 of 2009 concerning Narcotics, by including the amount of medical rehabilitation financing provided to narcotics addicts in Law Number 35 of 2009 concerning Narcotics. Prior to the promulgation of the amount of medical rehabilitation financing, regarding the provision of medical rehabilitation for narcotics addicts it will be easier to implement, and for the public to increase participation in the prevention of narcotics addicts and accessibility to the settlement of litigation and non-litigation cases.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.974
  Issue No: Vol. 28, No. 3 (2022)
The Power of Proof In Victims of Sexsual Abuse
- Authors: Maswandi Maswandi, Jamillah Jamillah, Ariman Sitompul
  Pages: 390 - 396
  Abstract: Introduction: Enforcement and legal protection for sexual assault cases has focused on protecting the victims of sexual assault law which consists of physical or psychological violence, retaliation, humiliation, and mistreatment of people who support victims of violence against women in particular. Where the focus of this tuilsan mebahas about the legal protection of victims of sexual violence in Indonesian criminal law and how the penultimate case of sexual violence.Purposes of the Research: The purpose of this study is to explain the concept Absentia trial by applying the return of State.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: Sexual violence itself becomes an urgency, given the rise of cases of sexual violence in Indonesia. By creating laws that protect victims of sexual violence, the resolution of sexual violence cases and the protection of victims of sexual violence cases can be executed well. So that the law in Indonesia can be implemented in accordance with its purpose, which is to protect all Indonesian people from crime cases.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.988
  Issue No: Vol. 28, No. 3 (2022)
The Role of International Organizations in Handling Covid-19 Pandemic
- Authors: Alya Nabila, Kandi Kirana Larasati
  Pages: 397 - 410
  Abstract: Introduction: The spread of the Covid-19 virus after being designated as a pandemic by the WHO (World Health Organization) in early 2020 had a negative impact on the sustainability of life in the world. The hampering of activities due to lockdown policies to break the chain of transmission of the virus, paralyzed the movement of the world economy.Purposes of the Research: This study aims to find out the development of handling the Covid-19 virus as a pandemic and the role of WHO as an international health organization in equalizing vaccine availability.Methods of the Research: Normative juridical approach method with a statute approach, a historical approach and an analytical approach.Results of the Research: That as an effort to address inequality of access and distribution of Covid-19 vaccines between poor and rich countries, WHO formed a cooperation forum with the Global Alliance for Vaccines and Immunizations (GAVI), Vaccine Alliance, Coalition for Epidemic Preparedness Innovations (CEPI), and UNICEF namely Covid-19 Vaccines Global Access (COVAX) which has set up a pricing mechanism for rich countries to pay a requisite fees as a form of subsidize to poor countries.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1027
  Issue No: Vol. 28, No. 3 (2022)
Compatibility of the Capital of Nusantara’s Form of Government Against
Article 18B Section (1) of the 1945 Constitution of the Republic of
Indonesia
- Authors: Bimo Fajar Hantoro
  Pages: 411 - 431
  Abstract: Introduction: With the promulgation of Law Number 3 of 2022 on State Capital, the government realized its plan to relocate the nation’s capital from the Specific Capital Region of Jakarta to the Capital of Nusantara on the Kalimantan Island. However, the law's passage has sparked a debate directed at the Indonesian new capital's form of government which is deemed to violate the 1945 Constitution of the Republic of Indonesia, specifically Articles 18, 18A, and 18B.Purposes of the Research: The purpose of this study is to examine and analyze the compatibility of the Capital of Nusantara’s form of government against Article 18B section (1) of the 1945 Constitution of the Republic of Indonesia.Methods of the Research: This is a normative juridical study using primary and secondary legal materials that are relevant to the topic of this study.Results of the Research: The results showed that the specific arrangements of the Capital of Nusantara’s form of government are normatively compatible with Article 18B section (1) of the 1945 Constitution of the Republic of Indonesia for two reasons, namely: the position between Article 18B section (1) and Article 18 as equals and that both of them apply independently; and the specificity that can be regulated for the Capital of Nusantara is flexible which means that the extent of the specificities can be so broad, including in terms of the form of government.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1029
  Issue No: Vol. 28, No. 3 (2022)
The Effect of the Pre-emtive Military Strike Doctrine on Efforts to
Establish New International Legal Provisions
- Authors: Johanis Steny Franco Peilouw
  Pages: 432 - 446
  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.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1031
  Issue No: Vol. 28, No. 3 (2022)
Egalitarianism: Consciousness-Raising In Women’s Position In The
Islamic Family
- Authors: Wahyuni Retno Wulandari
  Pages: 447 - 457
  Abstract: Introduction: The Muslim community in the world, including in Indonesia, perceives Islamic family law as very patriarchal. This is because in the discussion related to Islamic family law, it only refers to Al QS. AN-Nisa [4]: 34,which translates women's subordination from men..Purposes of the Research: The purpose of writing this article is to describe a different side of Islamic family law which is always narrated by gender bias by the community, including the Muslim community itself, both in interpretation and even in its implementation carried out in a patriarchal manner. In fact, Al QS. Al-Hujuraat [49]: 13 implies that the rights and obligations of women and men on this earth are purely egalitarian.Methods of the Research: Normative research with the consciousness raising method is in the form of a communication approach related to the position of women in Muslim families, with a communication approach in Muslim communities related to critical awareness to add knowledge of actualization of Muslim communities in Islamic family law which actually does not burden women.Results of the Research: That the excess of men over women must be interpreted as that men are responsible for the maintenance and/or regulation of household affairs, not as rulers, supervisors or superiors of women. So it can be concluded that the concept of a man being the head of the family and a woman being a housewife as conceptualized by Article 31 of the Marriage Law and Article 79 of the KHI is no longer relevant at this time considering that based on the experience of women themselves and data showing an increase in the number of women family heads and women filing for divorce from year to year. As well as the fact that the wife helps her husband to prosper the family and even has to double burden because of it, must also be aware of his independence and not feel isolated because there are economic rights that they must obtain according to the efforts they have done as QS anNisa: 32.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1021
  Issue No: Vol. 28, No. 3 (2022)
The Application of the Burden of Proof Concept in Indonesia: A Comparative
Study
- Authors: Abdullah Abdullah, Muhammad Hatta
  Pages: 458 - 469
  Abstract: Introduction: One of the reasons for a reverse proof system is the difficulty of proving the offenses committed by certain perpetrators of a criminal offense, such as corruption and money laundering. Thus, the government issues the legal policy to apply a reverse burden of proof to solve this problem.Purposes of the Research: This study aims to analyze the application of the reverse burden of proof in Indonesian and Islamic criminal law.Methods of the Research: This research is legalistic, doctrinal, or normative, using a comparative law approach to compare the application of a reverse burden of proof in Indonesian criminal law and Islamic criminal law.Results of the Research: The application of a reverse burden of proof in Indonesia is limited and balanced (balanced probability of principles) as regulated in Article 37 of Law no. 31 of 2019 in conjuction with Law No. 20 of 2000 concerning the Eradication of Corruption Crimes and Article 35 of Law no. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. In Islamic criminal law, the application of t a reverse burden of proof has long been carried out, as seen in Surah Al-Nisa verse 135 and the story of Prophet Yusuf's proof of Zulaikha's accusation in Surah Yusuf verses 24-29, and several hadiths of the Prophet Muhammad. These two legal systems are similar in terms of the application of a reverse burden of proof that is only applied to certain cases, such as corruption and money laundering. However, the difference is that the application of a reverse burden of proof in Indonesian criminal law is limited and balanced. In contrast, the principle of a reverse burden of proof against corruption cases in Islamic criminal law is absolute.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1045
  Issue No: Vol. 28, No. 3 (2022)
Problems of Justice in Legal Protection Efforts against Banks as
Separatist Creditors related to Execution of Collateral Tied with Mortgage
Rights on Bankrupt Debtor's Assets
- Authors: Ilham Soetansah, Joni Emirzon, Annalisa Yahanan
  Pages: 470 - 481
  Abstract: Introduction: The rights of banks as separatist creditors in the UU-KPKPU cannot be implemented. Banks also often get a share that is not under the amount of debtor debt, causing injustice.Purposes of the Research: This study aims to analyze and explain the forms of justice problems in legal protection efforts against banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of bankrupt debtors and their solutions.Methods of the Research: This research uses normative legal research. Research materials were used, namely secondary data and primary data as a support. This research material was collected by document study and interviews. The material that has been collected is then processed and analyzed using a qualitative approach, which is then drawn to conclusions using the deductive method.Results of the Research: There are two forms of the problem of justice in the legal protection of banks as separatist creditors related to the execution of collateral tied with mortgage rights on the assets of the bankrupt debtor. First, the neglect of bank rights as separatist creditors by UU-KPKPU can be seen in the provisions of Article 56 paragraph (1) and 59 paragraph (1) which contradicts Article 55 paragraph (1). Second, banks as separatist creditors often get a share that is not under the amount of debt of the bankrupt debtor. The author suggests that the UU-KPKPU be changed based on distributive justice which requires proportional distribution.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1028
  Issue No: Vol. 28, No. 3 (2022)
Law Enforcement Problems in Handling 2019 General Election Crimes by
Gakkumdu
- Authors: Darmawati Darmawati, Mulyadi Alrianto Tajuddin, Firman Hadi
  Pages: 482 - 491
  Abstract: Introduction: Law enforcement of the 2019 election crime is mandated by Law Number 7 of 2017 concerning Elections carried out by the Gakkumdu Party.Purposes of the Research: The purpose of this study is to find out the problematic forms of law enforcement for the 2019 general election crime in Gorontalo City, and to determine the factors that influence law enforcement for the 2019 general election crime law in Gorontalo City.Methods of the Research: The writing method used is empirical normative with a case approach obtained directly from the object of research in the field. The location of this research is the Integrated Law Enforcement Center at the Bawaslu of Gorontalo City.Results of the Research: The results of the study show that law enforcement for the 2019 general election crime in the city of Gorontalo is less than optimal, it can be seen that there are still findings/reports that have been discontinued and even cases have been dismissed from their investigations. As for the obstacles or influencing law enforcement, namely the lack of personnel in handling election crimes, the rules regarding election crimes have not been able to accommodate all forms of election crimes due to the development of new forms of election crimes and in terms of community culture who do not understand the rules regarding criminal acts election crime.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1030
  Issue No: Vol. 28, No. 3 (2022)
Marriage Registration Law Reformulation in Indonesia (Studi of Law and
Regulations on Marriage)
- Authors: Asriadi Zainuddin, Abdul Jamil, Dedi Sumanto
  Pages: 492 - 505
  Abstract: Introduction: Marriage registration serves to create order in the administration of marriage in society as well as to ensure the upholding of the rights and obligations of husband and wife. This is a preventive state law policy to coordinate the community for the realization of order and order in the system of life, including in marital problems which are believed to be inseparable from various irregularities and disputes between husband and wife. Therefore, the involvement of the authorities/state in regulating marriage in the form of registration is a must.Purposes of the Research: The purpose of this study is to examine and analyze the formulation of legal substance regulation of marriage registration in Indonesia and to analyze and formulate the ideal concept of reformulation of marriage registration law in Indonesia.Methods of the Research: This research is a type of qualitative study that starts from the constructivism paradigm. The approach method used in this study is the socio-legal approach method (socio legal study). A study that examines law as a social fact that can be seen in the realm of experience as a pattern of behavior in the form of social institutions.Results of the Research: The reformulation concept offered by the author is to revise the sound of Article 2 paragraphs 1 and 2 which requires registration of marriages and contains criminal sanctions in it with the aim of providing a deterrent effect for perpetrators of underhand marriages. in the sense that this criminal sanction is used if the previous related sanctions are no longer powerless in the sense that this criminal sanction is a criminal sanction that is used after civil or administrative sanctions are applied.
  PubDate: 2022-10-13
  DOI: 10.47268/sasi.v28i3.1033
  Issue No: Vol. 28, No. 3 (2022)