SASI最新文献_第5页

Participation of Women From Indigenous Peoples in the Formation of National Law 土著妇女参与国家法律的制定

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1229

Kunthi Tridewiyanti, Ricca Anggraeni, Suryanto Siyo, Henri Christian Pattinaja

{"title":"Participation of Women From Indigenous Peoples in the Formation of National Law","authors":"Kunthi Tridewiyanti, Ricca Anggraeni, Suryanto Siyo, Henri Christian Pattinaja","doi":"10.47268/sasi.v29i2.1229","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1229","url":null,"abstract":"Introduction: Discrimination against women from Indigenous Peoples in various ways of life including in the formation of national laws. This is due to the presence of a patriarchal culture which is reflected in laws and regulations both at the national and regional levels, thus showing injustice and inequality between men and women.Purposes of the Research: The purpose of this writing is to explain the importance of the participation of indigenous and tribal women in the formation of national law. The importance of this participation will contribute to the thought of a legal substance that provides equality and justiceMethods of the Research: This paper uses doctrinal research methods using a feminist legal theory approach.Results of the Research: The results and findings in this paper include, First, the voices and experiences of indigenous and tribal women are required in feminist legal theory to influence non-discriminatory legal norms in the formation of national law. Second, the participation of indigenous and tribal women as part of the Indonesian nation has a strategic position guaranteed by the constitution to carry out their role in forming national law. This is a prerequisite and a representation of the realization of democratic government and one of the other principles of good governance that is consistent and committed to prioritizing the interests of the nation and the State.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45816773","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

Application of Restorative Justice In The Settlement of Customary Criminal Cases 恢复性司法在解决习惯性刑事案件中的应用

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1259

Anna Maria Salamor, Juanrico Alfaromona Sumaresz Titahelu, Erwin Ubwarin, Iqbal Taufik

引用次数: 0

Problems of Managing and Licensing The Apartment 公寓管理与许可问题

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1347

Thio Jerry Stevenson, Irawan Soerodjo, H. Budi

引用次数: 0

Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State 习惯法与国家法的融合：努力建设Pancasila棱镜法国家

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1304

A. Sihotang, Ruetaitip Chansrakaeo

{"title":"Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State","authors":"A. Sihotang, Ruetaitip Chansrakaeo","doi":"10.47268/sasi.v29i2.1304","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1304","url":null,"abstract":"Introduction: This article to examine and analyze aspects of integration between national law and customary law in the context of the prismatic Pancasila state law, especially after the enactment of the draft criminal code (RKUHP) as a law. Purpose of The Research: This research seeks to answer two problem formulations, namely: integration of customary law and national law in the Pancasila law state and how are efforts to organize harmonious relations between customary law and national law in the perspective of the prismatic Pancasila state law, especially after the ratification of the RKUHP.Methods of Research: This study uses normative legal research methods based on authoritative legal products in the form of laws and regulations. The analysis was carried out by prioritizing the concept approach, historical approach, and statutory approach. Result of The Research: Even though customary law and national law are different in substance and character, but customary law and national law must be integrated because have important relations in relation to practice in society. Efforts to organize a harmonious relationship between customary law and national law in the perspective of the Pancasila prismatic state law, especially after the ratification of the RKUHP by optimizing the three year transitional provisions in the RKUHP to socialize as well as determining steps and efforts that can guarantee harmonious relations between customary law and national law.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44359861","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

Dynamics of Halal Certification Application in Medicinal Products: Comparative Study of Islamic Law and Positive Law 清真认证在医药产品中的应用动态——伊斯兰法与实证法的比较研究

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1356

Fitri Rafianti, Asmuni Asmuni, Jamila Jamil

引用次数: 0

Construction of The Distribution of Government Authorities 政府权力布局的建构

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1353

H. Salmon

{"title":"Construction of The Distribution of Government Authorities","authors":"H. Salmon","doi":"10.47268/sasi.v29i2.1353","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1353","url":null,"abstract":"Introduction: The concept of dividing government affairs into de-centralization and co-administration has a long history in Indonesian constitutional records.Purposes of the Research: One of the issues regarding the constitutionality of regional government which has become a space for academic debate after the publication of Law Number 23 of 2014 is related to the concept of dividing government affairs between government structures. Moving on from the perspective of State Administrative Law and Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power or based on the authority established by the constitution.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Amendments to the 1945 Constitution, especially the second amendment regarding the concept and pattern of division of government, have indicated that a centralized government will actually be a threat to disintegration, so that strengthening decentralization is not weakening Indonesianness but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance of central and regional power relations. The regional government law has reduced the essence of the concept of deconcentration where previously it was only carried out by the Governor, now it is also carried out by the Regent/Mayor, in such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentration and assistance and institutional tasks for the three the principle.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47749059","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

Analysis of Criminal Crime Responsibility Against Perpetrators of Banking Corruption Crimes 银行腐败犯罪行为人的刑事责任分析

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1300

Albi Ternando

{"title":"Analysis of Criminal Crime Responsibility Against Perpetrators of Banking Corruption Crimes","authors":"Albi Ternando","doi":"10.47268/sasi.v29i2.1300","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1300","url":null,"abstract":"Introduction: The Banks as service providers need to provide maximum service to their customers and protect them from third parties trying to take over part or all of the customers' deposits and trust in the bank. Therefore, banks should regulate and establish procedures and mechanisms for the protection and provide solutions in the event of an action or activity that is detrimental to the customerPurposes of the Research: Based on the background of the problems described above, it can be formulated the problems that the writer will examine, namely: 1). How is the Criminal Accountability Against the Perpetrators of Banking Corruption Crimes in the City of Jambi? 2). What is the Basis of Consideration of the Panel of Judges to decide on the perpetrators of Banking Corruption Crimes (Case Study of District Court Orders No: 04/ Pid.Sus -TPK/2016/PN. Jmb)Methods of the Research: The research method used was normative research. Based on the results of this study, it was concluded that banking crimes are a canteen of crimes that occur within the scope of banking. The complexity of these crimes causes the prosecution of perpetrators of these crimes to apply the Corruption Crime Act.Results of the Research: The results show that or the findings of this study prove that the basis for the judge's decision for the perpetrators of criminal acts in the District Court decisions are aggravating and mitigating matters as stated in the decision.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46988575","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

Analysis of The Application of Deradicalization And Constraints And Obstacles: A Case Study of Bandung Suicide Bombing 去极端化的运用及其制约与障碍分析——以万隆自杀式爆炸事件为例

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1333

E. Hasibuan

{"title":"Analysis of The Application of Deradicalization And Constraints And Obstacles: A Case Study of Bandung Suicide Bombing","authors":"E. Hasibuan","doi":"10.47268/sasi.v29i2.1333","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1333","url":null,"abstract":"Introduction: The concept of deradicalization itself has been running for the first time since 2005 but there is no guide or patent concept for this program. The effect given through the deradicalization program must be recognized is not optimal, but this does not necessarily make deradicalization a failed innovation, keep in mind that the existence of the deradicalization program is an answer to the handling of terrorism that is considered hard and intimidative (hard approach), while the more subtle ways of dialogue and religious approach (soft approach) is considered also able to neutralize the values of terrorism in someone who is already radical.Purposes of the Research: The real purpose of de-radicalization in general is to prevent repeated terror incidents by former prisoners, because the National Police itself has the task of being able to detect and prevent acts of violence that insurgents. Methods of the Research: The research method used is normative legal research with a statute legal approach and a conceptual approachResults of the Research: The deradicalization Program is not a program that can be assessed directly as a failed program, deradicalization must be remembered as a reflection of the bad and hard handling (hard approach) so that the form of humanism and respect for human rights can actually be reflected by the existence of deradicalization, with the existence of deradicalization also illustrates that the perpetrators of terror or ex-prisoners have hope to return to normal life, also indicates that the government pays attention to those who commit this crime.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41624330","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

Money Politics Crimes in Elections from the Perspective of Dignified Justice 从尊严正义看选举中的金钱政治犯罪

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1326

Fransiskus Xaverius Wartoyo, Yuni Priskila Ginting

引用次数: 0

Legal Arrangements Regarding Soe Management In Increasing Public Welfare 社会公益事业发展中的土地管理法律安排

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1352

Rizal Calvary Marimbo, jur. Udin Silalahi

引用次数: 0