SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.1028

Ilham Soetansah, Joni Emirzon, Annalisa Yahanan

{"title":"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","doi":"10.47268/sasi.v28i3.1028","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.1028","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41802899","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}

引用次数: 0

Validity of Agreements in the Digital era: Study of Electronic Contracts, Cryptocurrencies and Non-Fungible Tokens 数字时代协议的有效性：电子合同、加密货币和不可替代代币研究

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.834

Ronald Fadly Sopamena

{"title":"Validity of Agreements in the Digital era: Study of Electronic Contracts, Cryptocurrencies and Non-Fungible Tokens","authors":"Ronald Fadly Sopamena","doi":"10.47268/sasi.v28i3.834","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.834","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45343619","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}

引用次数: 1

The Role of International Organizations in Handling Covid-19 Pandemic 国际组织在应对新冠肺炎大流行中的作用

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.1027

Alya Nabila, Kandi Kirana Larasati

引用次数: 0

Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage) 印度尼西亚婚姻登记法改革（婚姻法律法规研究）

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.1033

Asriadi Zainuddin, Abdul Jamil, Dedi Sumanto

{"title":"Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage)","authors":"Asriadi Zainuddin, Abdul Jamil, Dedi Sumanto","doi":"10.47268/sasi.v28i3.1033","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.1033","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44727854","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}

引用次数: 2

Juridical Analysis of Handling Homelessness and Beggar 处理流浪乞讨的法律分析

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.943

Arhjayati Rahim, Ira Suryani Mustapa

{"title":"Juridical Analysis of Handling Homelessness and Beggar","authors":"Arhjayati Rahim, Ira Suryani Mustapa","doi":"10.47268/sasi.v28i3.943","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.943","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47342354","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}

引用次数: 0

The Application of the Burden of Proof Concept in Indonesia: A Comparative Study 举证责任概念在印度尼西亚的适用:比较研究

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.1045

Abdullah Abdullah, M. Hatta

{"title":"The Application of the Burden of Proof Concept in Indonesia: A Comparative Study","authors":"Abdullah Abdullah, M. Hatta","doi":"10.47268/sasi.v28i3.1045","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.1045","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42344252","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}

引用次数: 0

Egalitarianism: Consciousness-Raising In Women’s Position In The Islamic Family 平等主义：伊斯兰家庭中女性地位的意识提升

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.1021

W. Wulandari

{"title":"Egalitarianism: Consciousness-Raising In Women’s Position In The Islamic Family","authors":"W. Wulandari","doi":"10.47268/sasi.v28i3.1021","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.1021","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48275717","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}

引用次数: 0

Implementation Double-Track System Criminal Sanctions and Rehabilitation Against Narcotic Abusers 实施刑事制裁与戒毒双轨制度

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.974

Muhamad Chaidar, Budiarsih Budiarsih

{"title":"Implementation Double-Track System Criminal Sanctions and Rehabilitation Against Narcotic Abusers","authors":"Muhamad Chaidar, Budiarsih Budiarsih","doi":"10.47268/sasi.v28i3.974","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.974","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42158065","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}

引用次数: 0

Compatibility of the Capital of Nusantara’s Form of Government Against Article 18B Section (1) of the 1945 Constitution of the Republic of Indonesia 努沙马拉首都的政府形式与1945年印度尼西亚共和国宪法第18B条第(1)款的兼容性

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.1029

Bimo Fajar Hantoro

{"title":"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","doi":"10.47268/sasi.v28i3.1029","DOIUrl":"https://doi.org/10.47268/sasi.v28i3.1029","url":null,"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41737351","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}

引用次数: 0

The Power of Proof In Victims of Sexsual Abuse 性虐待受害者的证明力

SASI Pub Date : 2022-10-13 DOI: 10.47268/sasi.v28i3.988

Maswandi Maswandi, Jamillah Jamillah, Ariman Sitompul

引用次数: 18

SASI最新文献