SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1190

E. H. Setyorini, Evi Kongres, Asri Gresmelian Eurike Hailitik, Pandu Satriawan Zainulla

{"title":"The Effectiveness of Diversion Through Restorative Justice For Handling Children In The East Java Police","authors":"E. H. Setyorini, Evi Kongres, Asri Gresmelian Eurike Hailitik, Pandu Satriawan Zainulla","doi":"10.47268/sasi.v29i1.1190","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1190","url":null,"abstract":"Introduction: Children are the next generation of the nation who must be protected in order to grow up properly. Handling children's cases through the Juvenile Criminal Justice System has devastating impacts on children's futures.Purposes of the Research: This study aims to analyze the effectiveness of handling children's cases through diversion in the East Java Regional Police and analyze obstacles to handling children's cases through diversion so that solutions are found to achieve maximum diversion implementation as mandated by the Children's Criminal Justice System Law.Methods of the Research: This type of research is sociolegal research with a statutory approach, a conceptual approach, and a comparison approach, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.Results of the Research: The results showed that of the five police and police in the East Java Regional Police area, it showed that not 50% of the handling of children's cases had been successfully resolved through diversion. The causative factors include the non-achievement of the consent of the victim's child and his family. Therefore, the condition of consent of the victim's child and his family in Article 9 paragraph (2) must be abolished because Article 7 paragraph (2) of Law Number 11 of 2012 does not require the consent of the victim's child and his family. In practice is the main obstacle to achieving diversion, should be eliminated in the best interest of the child in accordance with the principles of the Convention on the Rights of the Child.","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":"46270874","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

Construction of Law Regarding The Role of The Regional Government In Providing Incentives For Micro Businesses Through Equity Crowdfunding 地方政府通过股权众筹激励微商的法律建构

SASI Pub Date : 2023-03-11 DOI: 10.47268/sasi.v29i1.1073

Shinta Puspita Sari

{"title":"Construction of Law Regarding The Role of The Regional Government In Providing Incentives For Micro Businesses Through Equity Crowdfunding","authors":"Shinta Puspita Sari","doi":"10.47268/sasi.v29i1.1073","DOIUrl":"https://doi.org/10.47268/sasi.v29i1.1073","url":null,"abstract":"Introduction: The policy complementary to regional investment is governed in Article 278 of Law Number 23 of 2014 and Government Regulation Number 24 of 2019. The availability of incentives and supporting facilities, however, remain to be the problems amidst shrinking regional budgets following the pandemic affecting economic sectors. The Regional Government of Batu City, among others, has perceived this effect and is on its way to reviving micro businesses to back up the local tourism.Purposes of the Research: This research aims to find out and analyze the role of the Regional Government in providing incentives for micro businesses through equity crowdfunding.Methods of the Research: This research employed normative-juridical methods with research data collected from library research and Focus Group Discussion discussed held in the Regional Government of Batu.Results of the Research: The regulatory framework in Batu city regarding micro businesses complies with Regional Regulation Number 1 of 2016, implying that the operation of the Integrated Business Services Center (PLUT) serves as a vital aspect in the development of Micro, Small, and Medium Enterprises (MSMEs) in Batu, and this is expected to help develop the MSMEs in the city. The regulation also implies that the local government is responsible for funding MSMEs by providing grants, requesting international funds, giving incentives that ease permit requirements, reducing tariffs imposed on infrastructure and facilities, and other forms of incentive. Existing potentials and opportunities must be used to enhance the capacity of human resources as the facilitators at PLUT in Batu.","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":"44640262","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

Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP 以双轨制为原则的宪法刑法制裁制度

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1038

Teng Junaidi Gunawan

{"title":"Ius Constituendum Criminal Law Sanction System with Double Track System Principle in the National RKUHP","authors":"Teng Junaidi Gunawan","doi":"10.47268/sasi.v28i4.1038","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1038","url":null,"abstract":"Introduction: As the ius constituendum of criminal law, the RKUHP introduces the concept of a double track system in its criminal system. The purpose of this double track system concept is to regulate 2 (two) types of sanctions, namely penal sanction (straf/punishment) and treatment sanction (maatregel/treatment).Purposes of the Research: First, the ratio legis criminal law sanctions system with the principle of a double track system and factual policies in the National RKUHP. Second, the ideal model of the criminal law sanction system has the principle of a double track system in the National RKUHP.Methods of the Research: The research method used in this research is normative legal research. Conduct a study of the Criminal Code and the National RKUHP as well as an analysis of the theory of punishment, especially on penal sanction and treatment sanction.Results of the Research: The results of this study reveal that philosophically the emergence of the double track system concept is influenced by the development of the flow in criminal law, namely from the classical to the modern school, and the neo-classical school. Then the sentencing policy in the National RKUHP is not yet fully based on the principle of a double track system. So that we need an appropriate conception and in accordance with the basic idea of the actual double track system concept, one of which is by integrating additional forms of penal sanction into treatment sanction.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47642431","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

Cyber Crime E-Commerce Business Transactions 网络犯罪和电子商务交易

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1068

F. Lubis

引用次数: 0

Urgency of Indonesia’s Emergency Regulation According To Perspective Emergency Constitusional Law In Face Pandemic 从紧急宪法的角度看印尼面对疫情的紧急法规的紧迫性

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1180

Masriyani Masriyani, Nazifah Nazifah, M. Badri, Nella Octaviany Siregar

{"title":"Urgency of Indonesia’s Emergency Regulation According To Perspective Emergency Constitusional Law In Face Pandemic","authors":"Masriyani Masriyani, Nazifah Nazifah, M. Badri, Nella Octaviany Siregar","doi":"10.47268/sasi.v28i4.1180","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1180","url":null,"abstract":"Introduction: Legislation in Indonesia has provided a place for regulation in emergency situations, both at the constitutional and statutory levels. There are inconsistencies, both conceptually and practically in the use of the emergency clause in emergency regulations. Through this paper, the author would like to emphasize need for projection of revamping the laws and regulations related to emergency situation in Indonesia.Purposes of the Research: This study aims to analyze Indonesia’s emergency regulation according to perspective of emergency contitutional law of in the face of a Pandemic. Emergency situations they are Emergency State Law regime Article 12 of the 1945 Constitution, the use of Article 22 of the 1945 Constitution of the Republic of Indonesia, and the meaning of other emergencies in accordance with law.Methods of the Research: The research methodology used is normative juridical by approaching the laws and regulations (Statute Approach) and conceptual approach. From the approach to legislation, it aims to find out the rules related to emergency regulations. The legal materials were collected by means of a literature study, then the legal materials were analyzed in a qualitative juridical manner.Results of the Research: Results of his research, emergency option based on constitution which is represented by the phrase state of emergency in Article 12 of the 1945 Constitution gives great powers to emergency authorities, can deviate from democratic procedures in constitution and violate human rights, except for non-derogable rights. Activation of state of danger also results in lack of political and legal oversight.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46825046","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 Corporate Crime as The Power of Crime in The Economic Justification 企业犯罪作为犯罪力量的经济正当性

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.890

A. Budianto

{"title":"The Corporate Crime as The Power of Crime in The Economic Justification","authors":"A. Budianto","doi":"10.47268/sasi.v28i4.890","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.890","url":null,"abstract":"Introduction: A corporation with strong capital support from its company, with its core business seeking as much profit as possible, is very vulnerable to carrying out activities that violate the law even though economically or financially these activities are correct.Purposes of the Research: The purpose is to find a wedge, where the location of economic activities that violate the law is interpreted as violating the law, because economic or financial crimes are closely related to legal reasoning.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: The analysis show that the business expansion activities carried out by PT Jiwasraya are business activities that are justified by the economy or finance. However, because one of these activities involves state finances, it fulfills one of the elements of a criminal act of corruption. Activities that are justified in business are still getting attention by law because the nature of the crime is corporate crime, namely corporate crime which is carried out solely for the benefit of the corporation. Corporate crime will have the power to suppress society, so that the culture of the community will in some ways change and will indirectly threaten the concept of the rule of law in Indonesia.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46523340","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 Problems of Fulfilling the Rights of Victims of Obscene Crimes 猥亵犯罪被害人权利的实现问题

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1044

R. Agustanti, Y. Wahyuningsih, K. K. Lewoleba

{"title":"The Problems of Fulfilling the Rights of Victims of Obscene Crimes","authors":"R. Agustanti, Y. Wahyuningsih, K. K. Lewoleba","doi":"10.47268/sasi.v28i4.1044","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1044","url":null,"abstract":"Introduction: Perpetrators of obscene acts have carried out various criminal acts. Obscene acts are included in sexual violence that results in physical and psychological suffering.Purposes of the Research: This study aims to analyze the fulfillment of the rights of victims of obscene acts, whether it is appropriate or not. This is based on the phenomenon of indecent acts; the more extended the number of victims increases.Methods of the Research: This study uses a normative juridical method with a statute and case approach.Results of the Research: The results of the study indicate that the rights of victims of obscene acts have been regulated and guaranteed in the 1945 Constitution of the Republic of Indonesia, the Law on Human Rights, the Law for the Protection of Witnesses and Victims and the Act on the Crime of Sexual Violence. However, the problem is in the fulfillment of these rights, even though constitutionally, the duties and obligations of fulfilling the rights of victims are borne by the State, which in this case is in the components of the Criminal Justice System, the Ministry of Law and Human Rights, the Ministry of Women's Empowerment and Child Protection, The National Commission on Human Rights, the National Commission on Violence Against Women and the Witness and Victim Protection Agency. The importance of supervision and compliance with the application of rights in everyday life will determine how successful the State is in carrying out its obligations in fulfilling the requests of victims. So it is essential to cooperate between Ministries, Institutions, National Commissions, and law enforcement officials to realize the fulfillment of the rights of victims of criminal acts of obscenity. ","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46491389","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 Needs For Public Services Relating To The Legalization of Public Documents In Education 教育公文法制化对公共服务的需求

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1151

W. Tan

{"title":"The Needs For Public Services Relating To The Legalization of Public Documents In Education","authors":"W. Tan","doi":"10.47268/sasi.v28i4.1151","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1151","url":null,"abstract":"Introduction: Legalization is legalizing a signature as proof that the document made by the parties was indeed signed by the parties.Purposes of the Research: Indonesia already has regulations in providing good public services, namely Law No. 25 of 2009 concerning Public Services. Indonesia has ratified the Apostille Convention. The aim of this study are to analyze public services in terms of legalizing public documents in Indonesia through Apostille and to analyze the need for legalization of public documents in education through Apostille.Methods of the Research: The research method used is the normative juridical. This study also uses a juridical basis and a theoretical basis. The juridical basis used is Law No. 25 of 2009, Presidential Regulation No. 2 of 2021, Government Regulation of the Republic of Indonesia No. 96 of 2012 and the theoretical basis used is the Legal Benefit Theory by Jeremy Bentham.Results of the Research: The implementation of public services for the legalization of public documents through Apostille has met excellent service standards. The need for public document services in the field of education is also very much needed, especially with the implementation of the Merdeka Belajar Kampus Merdeka (MBKM) program. This shows the increasing need for public document legalization services in the education sector.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45000334","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

Crime Settlement of Khalwat in Aceh 亚齐省Khalwat的犯罪解决方案

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1065

Mahdi Abdullah Syihab

{"title":"Crime Settlement of Khalwat in Aceh","authors":"Mahdi Abdullah Syihab","doi":"10.47268/sasi.v28i4.1065","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1065","url":null,"abstract":"Introduction: Khalwat (Seclusion) is a despicable act that violates Islamic law because it leads to adultery. However, Qanun No. 6 of 2014 concerning Jinayat Law stipulates that the settlement of khalwat must go first through the Customary Court so that the punishment applied is not Islamic law punishment, such as ta`zir, but customary punishment.Purposes of the Research: This study aims to analyze the mechanism for resolving the crime of seclusion in Aceh.Methods of the Research: This is normative/doctrinal research using a statutory approach and a comparative approach.Results of the Research: Khalwat is a crime (jarimah) that violates Islamic law and it is categorized into jarimah ta`zir. Settlement of jarimah seclusion can be carried out by litigation through the Syar'iyah Court and the settlement goes to customary courts. However, Article 24 of Qanun Number 6 of 2014 concerning Jinayat Law, stipulates that the settlement of criminal acts of seclusion must first be through customary courts. The settlement mechanism for khalwat is first resolved through customary courts using a deliberation-consensus approach like village meetings, it is usually called Gampong Customary Meetings (RAG) by executing customary punishments such as penalties of paying fines, feasting, bathing, and the khalwat couple is forced to get married. The consideration of implementing customary punishment is to solve the case more effectively and efficiently and in return can raise the level of trust and community compliance.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44743659","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 International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation 《创造就业综合法》中对土著人民福利的国际法视角

SASI Pub Date : 2022-12-30 DOI: 10.47268/sasi.v28i4.1160

Sulbadana Sulbadana, I. Irwansyah, Hatta Roma Tampubolon

{"title":"The International Law Perspective of Welfare against Indigenous People in the Omnibus Law on Job Creation","authors":"Sulbadana Sulbadana, I. Irwansyah, Hatta Roma Tampubolon","doi":"10.47268/sasi.v28i4.1160","DOIUrl":"https://doi.org/10.47268/sasi.v28i4.1160","url":null,"abstract":"Introduction: Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) have the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state.Purposes of the Research: Review and analyze international law relating to the welfare of Indigenous Peoples in the Omnibus Law on Job Creation.Methods of the Research: Its legal position in the Job Creation Law which has the character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach.Results of the Research: The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49077970","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

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