SASI最新文献

{"title":"The Legal Consequences of Transferring Trade Secrets on Under Hand’s Scheme","authors":"Yohanes Suhardin, Rolib Sitorus, Hendri Khuan, S. Manullang","doi":"10.47268/sasi.v29i4.1785","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1785","url":null,"abstract":"Introduction: Unauthorized transfer of trade secrets can harm the owner, cause financial loss, damage reputation and trigger legal action. In the era of globalization and technology, the transfer of trade secrets is increasingly urgent to be legally regulated. Legislation has been implemented in various countries to protect trade secrets, but the legal consequences vary. The repercussions involve financial loss, reputation, legal action and ethical business considerations.Purposes of the Research:  The purpose of this study is to investigate and analyze the process of identifying and handling the transfer of trade secrets under the hand in Indonesian legal practice. This study also aims to understand the legal consequences that apply to the perpetrators of private transfer of trade secrets in the Indonesian legal system. Methods of the Research: This research uses normative legal research methods to analyze statutory regulations, court decisions, and legal literature related to the private transfer of trade secrets. A statutory approach helps understand the applicable legal framework. Data sources include various legal documents and legal literature, with data collection techniques focusing on document analysis and literature study. Data analysis involves identifying trends and legal implications of cases related to private transfer of trade secrets in the Indonesian legal context.Results of the Research: The process of identifying and handling illegal transfers of trade secrets in Indonesia is an important step in protecting business and industry. It covers the steps from identification to prosecution, with reference to regulations such as the Trade Secret Act. Trade secrets must be confidential and have economic value. Prevention through internal security policies and employee training is also necessary. Perpetrators of the transfer of trade secrets may face civil, criminal and administrative actions in accordance with applicable law, with consequences including criminal sanctions, demands for compensation and confiscation of goods or documents. Protection is also given to whistleblowers in good faith. Internal policies, nondisclosure agreements, and consulting legal advisors are important for protecting trade secrets. All parties must understand and comply with the law to maintain business integrity in Indonesia.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138964350","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}

{"title":"Ius Constituendum Formulating Basic Values of Indigenous Peoples in Constitutional Amendments","authors":"Andika Prawira Buana, Hasbuddin Khalid, Tri Abriana Ma’ruf","doi":"10.47268/sasi.v29i4.1881","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1881","url":null,"abstract":"Introduction: Regulation of Customary Law Communities in a state constitution is important to guarantee their existence and guarantee their protection. The regulation of Indigenous Law Communities in the constitution is also intended so that the regulations under the constitution can be in line with the constitution in facilitating Indigenous Law Communities.Purposes of the Research: The aim of this research is to formulate the basic principles of MHA which must be regulated in the constitution as well as efforts to amend the constitution to formulate the basic principles of MHA in the constitution.Methods of the Research: Normative legal research using case, concept and legislative approaches.Results of the Research: The basic principles of MHA that need to be formulated in the constitution include various basic values of MHA, such as having customary legal norms, having ulayat rights or traditional rights related to natural resource management, and having traditional apparatus with various characteristics that exist in each MHA. Revision of Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia as an effort to amend the constitution to include the basic principles and values of the MHA can be carried out by including basic values and principles in the MHA which include: the existence of customary legal norms, having customary rights or related traditional rights. With natural resource management, as well as having traditional apparatus with various characteristics that exist in each MHA..","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138964493","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}

{"title":"Arrangements Concerning Reclamation and Their Legal Impacts in View from UNCLOS 1982","authors":"Popi Tuhulele, Richard Marsilio Waas, Afrizal Anshari Makatita","doi":"10.47268/sasi.v29i4.1790","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1790","url":null,"abstract":"Introduction: Continuous development in a country automatically makes the country lack vacant land, and reclamation is one way to overcome this problem. Reclamation in its implementation has not been regulated in detail in the 1982 UNLCOS so it can cause problems in the future, such as what happened in the South China Sea where China carried out reclamation in the Spratly archipelago.Purposes of the Research: To find out and analyze reclamation arrangements in the 1982 UNCLOS and the impact of reclamation laws carried out by countries in terms of the 1982 UNCLOS.Methods of the Research: This study uses a normative juridical research type. By using the statutory approach, case approach, and conceptual approach. Management and analysis of legal material in this study use qualitative analysis.Results of the Research: The results showed that the 1982 UNCLOS did not regulate coastal reclamation, but there were several articles in the 1982 UNCLOS that related to coastal reclamation and could be used as a basis, namely Article 11, Article 12, Article 56, and Article 60. The impact of reclamation for the delimitation of sea areas between countries is that the state will take its own way of understanding and interpreting the contents of the convention for its own benefit, one of which is to carry out reclamation which can lead to delimitation disputes, especially in areas where an agreement on territorial boundaries has not been established as happened in reclamation disputes in the Spratly Islands. in the South China Sea by China.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139175329","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}

{"title":"The Protection of Human Rights in the Case of Non-Criminal Narcotics Users","authors":"A. Laksana","doi":"10.47268/sasi.v29i4.1779","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1779","url":null,"abstract":"Introduction: Narcotics use as a complex global issue has an impact on human rights, especially in the context of criminal law. Although some countries, including Indonesia, are beginning to recognize human rights protections in non-criminal narcotics use, the main challenge is striking a balance between strict regulation and appropriate protection for individuals who need narcotics for treatment or non-criminal purposes. Purposes of the Research:  The aim of this research is to analyze relevant laws and regulations and related practices in protecting human rights in the case of non-criminal narcotics users. Methods of the Research: This research uses normative legal research methods to analyze laws and regulations related to non-criminal narcotics use. Data sources include statutory documents, court decisions, and legal literature. Data analysis will look for patterns and evaluate regulatory compliance with human rights principles.Results of the Research: To protect human rights in cases of non-criminal narcotics use in Indonesia, legislation plays an important role, although challenges such as abuse of power and social stigma remain. Cooperation between government, NGOs and civil society is needed to implement existing regulations and increase public understanding of human rights. Indonesia needs to find a balance between strict narcotics regulations and protecting individual rights. This involves clear definitions for “non-criminal” narcotics, fair law enforcement, as well as safeguarding individual privacy. The challenges involve racial and social injustice in drug law enforcement and require an evidence-based approach that engages diverse stakeholders. Continuous research and analysis is needed to support better policies to address the narcotics problem.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994631","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}

{"title":"The Sharia Funding Risk Issues in Fintech Securities Crowdfunding: Realization of Legal Certainty in the Shari'ah Perspective","authors":"Alhadiansyah Alhadiansyah, Erni Djun'astuti, Sugeng Susila, Marnita Marnita, Tri Dian Aprilsesa","doi":"10.47268/sasi.v29i4.1733","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1733","url":null,"abstract":"Introduction: In the era of globalization and information technology, fintech is transforming the financial sector, including fintech securities crowdfunding, which is a funding model based on the participation of many small investors. In the context of sharia, sharia principles regulate financial transactions and services, while crowdfunding fintech securities is a popular phenomenon in sharia funding, but requires investor protection regarding investment risk and legal protection.Purposes of the Research: To analyze the legal certainty of protection for investors who invest in Islamic funding through fintech securities crowdfunding in Indonesia and analyze the risks faced by investors in this context.Methods of the Research: This study uses qualitative normative legal research methods to understand legal certainty and investor protection in Islamic funding through Fintech Securities Crowdfunding. Data collection was carried out through literature study and then analyzed qualitatively to identify patterns, themes and related issues.Results of the Research: Sharia funding through Fintech Securities Crowdfunding in Indonesia provides attractive Islamic investment opportunities but also involves various risks such as business risk, liquidity, legal, sharia, and others. Legal certainty regulated by Financial Services Authorityand Sharia Supervisory Board is the key in providing protection to investors. OJK regulations ensure information transparency and compliance with sharia principles, so that investors can invest with confidence according to sharia values. Thus, an investment ecosystem that has integrity and is inclusive within the sharia framework can be realized.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139207045","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}

{"title":"The Government Legal Warranty for Consumers in The Purchase of Property in Indonesia","authors":"Subekti Subekti, Dudik Djaja Sidarta, Siti Marwiyah, Suyanto Suyanto, Nazli Bin Ismail","doi":"10.47268/sasi.v29i4.1681","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1681","url":null,"abstract":"Introduction: The sale and purchase of houses between developers and buyers often result default, which detrimental to consumers. The state has issued various policies regarding buying and selling houses and legal guarantees for buying and selling houses, but violations still occur and there is no legal guarantee from the state but must be resolved through litigation.Purposes of the Research: The purpose of this study is to analyze and find problems with house sale and purchase contracts based on the Sale and Purchase AgreementMethods of the Research: The method used in this research is normative juridical. The research used is library research. The basis used in this research is the juridical basis consisting of Law Number 1 of 2011, GovernmentRegulation Number 12 of 2021. Results of the Research: When the state issues permits to operate housing to developers, the state has provided a legal guarantee to protect its people. Due to the guarantees that have given by the Government through statutory regulations and consumers following the instructions, they are guaranteed to receive legal protection from the state, State Administrative Officials, in terms of granting permits they have gone through applicable legal procedures, if it is proven otherwise then the government must be responsible for the decision. State Administration. However, if there is a violation of the law by the developer, it will difficult for home buyers to claim losses. Experienced, meaning that at the implementation level there is no guarantee for buyers from the state.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136103096","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}

{"title":"Indonesian Criminal Code, Living Law and Control in Law Enforcement in Indonesia","authors":"Sophian Yahya Selajar, Aroma Elmina Martha","doi":"10.47268/sasi.v29i4.1697","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1697","url":null,"abstract":"Introduction: The inclusion of the Living Law concept in the latest Criminal Code as a law that lives in society.Purposes of the Research: This paper analyzes the dialectic of legal certainty according to the principle of legality with living law as the principle of substantive justice in criminal law reform, from the perspective of law as a mechanism of social control and its influence on the dynamics of criminal law enforcement in Indonesia.Methods of the Research: This research uses a normative legal research model. Data collection is done through secondary data searches in the form of primary legal materials and secondary legal materials that are relevant to the object of the problem being studied. The approach used in the analysis is juridical-normative and then elaborated with a sociological approach through social science theories.Results of the Research: The results of the research on the accommodation of living law as a basic principle of criminal law have led to a dialectic between the principle of legal certainty and the principle of substantive justice. Living law is a form of law that is not codified like state law, but rather leads to awareness and cooperation among individuals in a community, so that the function applied is to control over community behavior, so that law enforcement mechanisms run naturally in order to maintain order and public morality.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136102688","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}

{"title":"Digital Services of Public Government Administration In The Industrial Revolution 4.0","authors":"Mulyono Kurniawan, Khalimi Khalimi","doi":"10.47268/sasi.v29i4.1693","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1693","url":null,"abstract":"Introduction: Technology and the Industrial Revolution 4.0 have enabled the development of e-government for faster and more effective services. However, its implementation still needs to be improved, particularly regarding legal certainty.. Purposes of the Research: This study aims to analyze the legal uncertainty that occurred in the implementation of e-government in the Industrial Revolution 4.0 era. Methods of the Research: This research is normative legal research with a statutory and conceptual approach. The primary legal materials in this research include the 1945 Constitution of the Republic of Indonesia and the laws governing State Government administration. Secondary legal materials include books, articles, and research results. Non-legal material includes all non-legal studies related to electronic-based State Government Administration systems / e-government.Results of the Research: The study results provide an analysis of the constraints that occur in the implementation of Digital Government Administration. There needs to be an evaluation of the government's readiness in the e-government system, the affordability of the internet, the availability of server capacity that can accommodate many data, and the electronic devices used do not meet standards. It is suggested that the government must provide all technical and non-technical aspects that can support e-government performance as well as provide human resources who are experts in their fields, so that the government administration service system complies with the General Principles of Good Government (AUPB). It can be realized promptly by the principle of legal certaint.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136105148","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}

{"title":"The Renewal of National Criminal Law: An Analysis of the Pancasila Law Philosophy","authors":"Yaris Adhial Fajrin, Kukuh Dwi Kurniawan, Ade Sathya Sanathana Ishwara","doi":"10.47268/sasi.v29i4.1623","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1623","url":null,"abstract":"Introduction: Reform of criminal law is an important aspect in organizing the politics of criminal law so that it can meet the legal needs of society. The legal philosophy of Pancasila occupies an important position in efforts to reform criminal law.Purposes of the Research: Reflection on criminal law renewal in terms of the legal philosophy of Pancasila.Methods of the Research: Normative legal research with conceptual, statutory and philosophical approaches.Results of the Research: The legal philosophy of Pancasila has relevance in relation to the reform of criminal law, including that the philosophy of Pancasila law can be a guide as well as a guide in both normative aspects and the practice of criminal law reform. In addition, the legal philosophy of Pancasila can also direct the orientation of criminal law reform in order to improve five important aspects of criminal law reform, namely aspects of legal substance, culture, structure, leadership, and the professionalism of law enforcement officials. The reading of Pancasila values in a hierarchical-pyramidal manner is important as a guide and direction for a criminal law reform process. Pancasila's legal philosophy has also become a norm of criticism in criminal law reform, namely providing criticism of norms and legal behavior of criminal law reform whether it is in accordance with Pancasila values or not.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067763","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}

{"title":"The Legal Protection for Folk Songs from Unknown Origin: Orientation and Formulation in the Perspective of Legal Cybernetics","authors":"I Komang Gede Kurniawan, I Made Wirya Darma","doi":"10.47268/sasi.v29i4.1722","DOIUrl":"https://doi.org/10.47268/sasi.v29i4.1722","url":null,"abstract":"Introduction: The existence of the phenomenon of regional songs whose regional origins are unknown has led to legal problems in the form of a legal vacuum regarding legal protection. Existing laws and regulations are still missing in providing arrangements regarding regional songs whose regional origin is unknown.Purposes of the Research: This study aims to analyze and at the same time seek legal protection through special arrangements regarding regional songs whose regional origins are unclear.Methods of the Research: Normative legal research with a conceptual and statutory approach.Results of the Research: The orientation to provide legal protection for folk songs of unknown origin can actually be carried out by issuing specific implementing regulations that regulate and facilitate folk songs of unknown origin to obtain legal protection. Legal protection for folk songs of unknown origin in the perspective of legal cybernetics can be carried out by establishing special regulations, research and studies, as well as cultural titles and festivals for folk songs of unknown origin. This is because legal protection for folk songs of unknown origin based on a legal cybernetics perspective needs to be carried out, especially by involving the political will of the local government and local cultural figures.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136067915","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}