SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1061

Dwilani Irrynta, Nanik Prasetyoningsih

{"title":"An Analysis of Freedom of Speech: Whether the Indonesian Electronic Information and Transactions Law is Contradictory","authors":"Dwilani Irrynta, Nanik Prasetyoningsih","doi":"10.47268/sasi.v29i2.1061","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1061","url":null,"abstract":"Introduction: With the development of technology, people become easier in expressing themselves through social media. However, many people think that the Indonesian Government represses freedom of speech through the Electronic Information and Transactions (EIT) Law as the huge number of related cases keeps increasing, particularly on matters of criticizing the Government.Purposes of the Research: This article presents to discuss whether the Law does snatch the rights of citizens regarding freedom of speech as the Law essentially aims to protect such rights and shall not contradict the 1945 Constitution of the Republic of Indonesia stating that freedom of speech is a right for every citizen.Methods of the Research: By using normative legal research, this article examines legal principles and norms of related regulations. The authors analyze the situation faced by the Indonesian people in recent years through library research. The secondary data of literature was collected and reviewed focusing on the statutory approach along with the case approach.Results of the Research: The findings show that the EIT Law indeed draws controversy among Indonesian people due to the existence of several Articles under the Law that are contradictory to its purpose, namely protecting freedom of speech. By having ambiguousness and multiple interpretations of those several Articles, the Law leads to abuse of power by the Government. Therefore, it is reasonable for many people, as well as civil society organizations, to appeal to the Government to revise the Law and related regulations. It is on the grounds that such actions are necessary to enhance and enforce the protection of freedom of speech.","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":"45609652","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

Implications of Waqf Land Management from the Perspectives of Positive Law and Islamic Law: A Case Study of Waqf Land in North Sumatra 实证法与伊斯兰法视角下的Waqf土地管理启示——以北苏门答腊岛Waqf土地为例

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1365

Abdurrahim Harahap, M. Nasution, P. Pagar

引用次数: 0

The Problem of The Application of The Doctrine of Inclusion In The Eradication of Terrorism In Indonesia 包容主义在印尼铲除恐怖主义中的适用问题

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1344

Lukmanul Hakim

{"title":"The Problem of The Application of The Doctrine of Inclusion In The Eradication of Terrorism In Indonesia","authors":"Lukmanul Hakim","doi":"10.47268/sasi.v29i2.1344","DOIUrl":"https://doi.org/10.47268/sasi.v29i2.1344","url":null,"abstract":"Introduction: The criminal act of terrorism which is the common enemy of many countries in the world including Indonesia which in fact is carried out by more than one perpetrator even further than that which is terrorized in a particular terrorist organization, so that the teaching of inclusion in criminal law becomes important to be applied appropriately.Purposes of the Research: This paper aims to determine whether it is appropriate to use the articles contained in the law on combating terrorism related to the doctrine of inclusion of perpetrators of criminal acts of terrorism that are generally committed by more than one person in a particular terrorist organization.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: In the field of practice, the application of the doctrine of inclusion in the provisions of the law on Combating Terrorism is often cause legal problems, especially in the context of determining the criminal liability of the perpetrators of terrorism, this has resulted in difficulties for law enforcers, especially public prosecutors and judges to determine criminal liability for each perpetrator, in contrast to the application of, so that the punishment for the perpetrators can be more effective and meet the sense of justice and legal certainty.","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":"43173507","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

Settlement of Marital Problems By Using The Traditional Institutions of Married Brothers 利用传统兄弟制度解决婚姻问题

SASI Pub Date : 2023-04-19 DOI: 10.47268/sasi.v29i2.1348

Barzah Latupono, S. Kuahaty, Theresia Louize Pesulima

引用次数: 0

Application of Customary Criminal Penalty On Cases Involving Women 习惯法刑罚在妇女案件中的适用

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1325

Hadibah Zachra Wadjo, E. Toule, A. Fadillah

引用次数: 0

Reconstruction of The Principle of Legal Certainty Fair Auction For Joint Assets After Divorce Decision 离婚判决后共同财产公平拍卖的法律确定性原则重构

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1291

Jumanah Jumanah, K. S. Hasan, M. Syaifuddin

{"title":"Reconstruction of The Principle of Legal Certainty Fair Auction For Joint Assets After Divorce Decision","authors":"Jumanah Jumanah, K. S. Hasan, M. Syaifuddin","doi":"10.47268/sasi.v29i1.1291","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1291","url":null,"abstract":"Introduction: This article is about analyzing the implementation of joint property auctions after a divorce decision that has not yet received fair legal certainty. The number of cases after the divorce decision results in the distribution of joint assets between the parties submitted to the Court after not getting peace in the distribution of joint assets, the Court can take over the matter by way of auction.Purposes of the Research: To analyze the principle of legal certainty in auctions in the implementation of auctions after divorce decisions in laws and regulations. Explain the legal problems in applying the legal principle of joint property auctions after the divorce decision. Finding reconstruction as the basis for setting up a bill on joint property auction laws after divorce decisions in the future.Methods of the Research: Based on hermeneutic paradigmatic which is based on philosophy and the scientific nature of law. This hermeneutic paradigm is carried out through a methodological strategy approach to learn from people, namely studying law by exploring and researching the meanings of law from the perspective of users or seekers of justice in the Religious Courts.Results of the Research: In the reconstruction of the principle of legal certainty in an equitable auction of joint assets after the divorce decision in future laws and regulations in legal considerations regarding joint assets that must be auctioned, through an auction procedure in accordance with applicable regulations.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48426662","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

Recognition of Customary Land Rights Based of Krik Slamat 基于Krik Slamat的习惯土地权承认

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1179

Dianto Dianto, Absori Absori, Khudzaifah Dimyati, Kelik Wardiono

引用次数: 0

Legal Certainty in Customary Jurisdictions (Case Study In Muara Batu District, North Aceh) 习惯管辖区的法律确定性（北亚齐省穆亚拉巴图区的案例研究）

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1247

T. Afrizal, T. Saifullah

{"title":"Legal Certainty in Customary Jurisdictions (Case Study In Muara Batu District, North Aceh)","authors":"T. Afrizal, T. Saifullah","doi":"10.47268/sasi.v29i1.1247","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1247","url":null,"abstract":"Introduction: Gampongs or villages in Aceh province are the only village-level government in Indonesia that is given the authority to resolve a number of civil and criminal cases through customary courts in gampongs.Purposes of the Research: This paper examines the legal certainty of customary court decisions in gampongs in the Muara Batu sub-district, North Aceh . The problems resolved in this paper are regarding the legal certainty of customary court decisions in gampongs and the extent to which gampongs in Muara Batu District implement customary justice in gampongs.Methods of the Research: This research is an empirical research. The data were collected from field data through interviews and observations as well as documentary data from legal writings.Results of the Research: The results of the research show that the decisions of the customary courts are binding and final. However, if the parties disagree with the customary court decision and seek legal proceedings, the customary court decision can become written evidence. In Muara Batu sub-district, each gampong has a customary court, but if they are related to minor crimes or jinayat, the gampong apparatus prefers to hand over the case to the authorities, if a peaceful process is not found. Except for cases of immoral khalwat and adultery committed in the gampong, the perpetrators are forced to marry or handed over to law enforcement to be processed according to jinayat law in Aceh.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45449020","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

A Form of Accountability CV Sumber Berkat Makmur Which Encroached On Customary Forests 侵犯传统森林的责任形式CV Sumber Berkat Makmur

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1181

La Ode Angga, M. A. H. Labetubun, Sabri Fataruba

{"title":"A Form of Accountability CV Sumber Berkat Makmur Which Encroached On Customary Forests","authors":"La Ode Angga, M. A. H. Labetubun, Sabri Fataruba","doi":"10.47268/sasi.v29i1.1181","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1181","url":null,"abstract":"Introduction: The people of Sabuai Village reject the existence of a company that has been operating since 2019 Until now, the Environment Agency has never processed documents, either Amdal or other environmental documents according to the acting Head of the Maluku Province Environment Area. The people of Sabuai Village deny the existence of a company that has been operating since 2019, because it is suspected of cutting down and managing customary forest products without permission.Purposes of the Research: The long goal is to find out the Form of Accountability of CV Sumber Berkat Makmur that Encroaches on Customary Forests in the Research Environment of Eastern Sabuai Seram Village.Methods of the Research: The approach method used in this study is sociological juridical which is a descriptive study of qualitative analysis. This study seeks to illustrate what is happening in the Indigenous peoples of Sabuai Village, SBT. The data collection techniques used in this study were: Interviews, questionnaires and literature studies.Results of the Research: The form of cv accountability of the source of prosperous blessings that encroached on customary forests in Sabuai Village, Eastern Seram Regency, namely: From the point of view of administrative law, permission is a public service. In fact, permits as one of the sources of destruction and pollution in the name of illegal logging, illegal fissing and illegal maning. Thus illegal logging is a fraudulent practice since from licensing, activities, results of activities, actors and the purpose of their sale subscribe to the law. Legal liability under civil law in illegal encroachment is: The principle of liability based on unlawful acts, the Principle of absolute liability (strike liability) and the Principle of Liability based on Unlawful Acts. ","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48927721","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

Anti-Corruption Culture: Maren and Yelim’s Perspective on Kei Society 反腐败文化：马伦和叶利姆的社会视角

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1283

R. H. Rado, Restu Monica Nia Betaubun

引用次数: 0

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