Jurnal SASI
SASI adalah jurnal peer-review yang diterbitkan oleh Fakultas Hukum Universitas Pattimura empat kali setahun pada bulan Maret, Juni, September dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi akademisi, periset dan praktisi untuk menerbitkan artikel penelitian atau ulasan artikel yang asli. Jurnal ini menyediakan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk umum mendukung pertukaran pengetahuan global yang lebih besar. SASI tersedia dalam bentuk cetak dan versi online. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai topik di bidang Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi, Hukum Lingkungan Hidup, Hukum Adat dan bagian lain yang terkait dengan isu kontemporer di bidang hukum. (e-ISSN: 2614-2961 p-ISSN: 1693-0061)
Address: Fakultas Hukum Unpatti - Kampus Poka, Jalan Ir. M. Putuhena, Ambon, Maluku 97233, Indonesia
Address: Fakultas Hukum Unpatti - Kampus Poka, Jalan Ir. M. Putuhena, Ambon, Maluku 97233, Indonesia
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Purposes of the Research: Analyze the form of responsibility for the district/city government in managing basic education affairs.
Methods of the Research: The writing method used is normative law, by reviewing positive legal provisions, legal principles, legal principles and legal doctrines in order to build legal arguments related to the substance under study.
Results of the Research: The results of the study show that the form of responsibility of the district/city government in managing government affairs in the field of basic education involves administration, institutions, finance, and facilities and infrastructure, and so on through government policies and legal actions as well as government services in the field of basic education to fulfill the rights of every citizen. citizens to obtain quality basic education services as a basis for continuing to secondary education and higher education. Neglect of the implementation of the said responsibility can be held legally responsible through accountability
Purposes of the Research: Furthermore, in this research, steps that could be implemented to tackle deforestation internationally were given.
Methods of the Research: This research was normative juridical research that examined an international law regulation, using qualitative analysis, and using secondary data.
Results of the Research: Based on international data, many countries still carried out desertification, which amounts to thousands of hectares per year. One of the reasons for the weak implementation of treaties relating to environmental protection was the absence of coercive power from international conventions over the State's sovereign authority in forest management.Weak international environmental enforcement is caused by inadequate supervision and control as well as strong authority based on state sovereignty over forest management and utilization which depends on government policies, and the system of settlement and imposition of fines that still originate from a lawsuit.
Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.
Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.
Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment.
Purposes of the Research: This writing aims to study, analyze and discuss optimizing the use of technology in the taxation sector in Indonesia.
Methods of the Research: This paper uses a normative research method, namely research that is focused on providing a systematic explanation that governs a certain category. The problem approach is the legal approach (statute opproach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field.
Results of the Research: The results obtained from this paper are that, in principle, the technology used by the State of Indonesia is oriented to three pillars, namely: e-registration, e-filling and e-billing by means of technology that aims to strengthen taxpayer compliance. In addition, this technology has weaknesses, namely a good network and inefficient use of technology and the advantages of being able to access quickly and transparently.
Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.
Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.
Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family
Purposes of the Research: The purpose of this research is to analyze and explain how the state's recognition and respect for the rights of indigenous peoples to the use of forest resources in the constitution and secondly to analyze how the implementation of state control over forest resources is related to the rights of indigenous peoples in Maluku Province.
Methods of the Research: This study uses two approaches, namely a legal approach which examines various legal foundations, both products of legislation and regulations related to exploitation of forest resources in islands and the second approach is a conceptual approach related to the problem under study.
Results of the Research: The results show recognition and protection of indigenous peoples has been regulated in the 1945 Constitution and several sectoral laws. However, in practice, the rights of indigenous peoples over their forest resources often clash with the interests of the government in the name of development by granting various permits in the field of forest resources to corporations in the forestry sector, causing vertical conflicts between indigenous peoples and corporations in Maluku. as well as horizontal conflicts between state institutions in Indonesia. In addition, the criminalization and violence against indigenous peoples by law enforcement officers and violations of the rights of indigenous peoples by the state, especially the rights to control, manage and exploit forests, continue to this day. The government should enforce laws and development policies in Indonesia by immediately ratifying the draft law on the protection of the rights of indigenous and tribal peoples as an effort by the state to realize protection for every citizen and serve as a legal umbrella that is fair and non-discriminatory.
Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.
Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.
Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.
Purposes of the Research: The objectives of the research are: First, to provide an analysis of how the theory of attribution correspondence inference to the judge's considerations in determining the circumstances that form the basis of sentencing and knowing whether the urge of conscience as affect in the Defendant is the reason for the abolition of the crime? Second, providing an analysis related to the urgency of behavioral jurisprudence theory in creating fair decisions based on the conscience of the judge.
Methods of the Research: The normative legal research method uses a statutory approach, a conceptual approach, and comparisons with different legal system which are based on library research in collecting research legal materials.
Results of the Research: The results are: First, the attribution correspondence inference theory can be used as consideration for judges’ considerations in determining to mitigate and aggravating circumstances in Indonesia and with a study of criminal law and the theory that the urge of conscience as affect the defendant can be used as a consideration of mitigating circumstances for the defendant, as well as conditional punishment. Second, the behavioral jurisprudence theory approach has urgency in understanding the behavior of a person doing an act or the judge in making a fair decision.
Purposes of the Research: The victim who is bound by marriage that has been done traditionally but not done civilly.
Methods of the Research: The research’s method on this writing is using the normative research’s method. A research’s method that been done with researching the library materials towards the regulations and literatures that relate with the problem that be researched. The Data that used is the secondary data with the secondary and tertiary legal materials collection priority. Then the data that be obtained are processed and served descriptively-analysis.
Results of the Research: The research’s results shows that the domestic violence that be experienced by the women who her marriage has been done traditionally based on the Law of The Elimination of Domestic Violence can be categorized as the Domestic Violence Criminal Act, but on the handling, the investigator keep to do the things that be mandated by the constitution by giving the victim’s rights and the law protection. The marriage’s status that been done traditionally doesn’t have the fixed legal foundation. But, the country keep guarantee the traditional existence in Indonesia.
Purposes of the Research: The purpose of this study is to provide a description of the importance of ethics in law enforcement in Indonesia. In addition to the substance of the law, law enforcement officers are a very influential factor. The law can be implemented properly if law enforcement officers have good ethical basic values.
Methods of the Research: The research method used is normative juridical, which is research that examines documents, namely by using various primary, secondary and tertiary legal materials such as laws and regulations, court decisions, legal theory, and can be in the form of opinions of scholars. The approach in this research is the concept and law approach.
Results of the Research: The results of the study indicate that the legal profession is a profession that is full of ethical values, because it deals with various humanitarian interests from society in general through actions and decisions taken. In reality, law enforcement officers actually make the law not upright to achieve its goals. Thus, legal knowledge alone is not enough, the ethics of law enforcement officers becomes a reference for upholding the law properly in society.
Purposes of the Research: This study aims to examine and analyze strategies and policies for the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency, as well as the obstacles to the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency.
Methods of the Research: This study uses the sociolegal method with primary data and secondary data analyzed descriptively. This research is directed to be able to study and analyze the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency.
Results of the Research: There are several strategies carried out by the local government through the Fisheries and Marine Service of the Aru Islands Regency, namely providing assistance to the community, collaboration with the Ministry of Maritime Affairs and Fisheries, as well as the Aru Islands Regency Regional Government in improving facilities and infrastructure, especially in the fisheries and marine sector, quality improvement human resources through training in the field of fisheries, as well as collaboration with the Ministry of Maritime Affairs and Fisheries to provide scholarships for fishermen's children to study and study at educational institutions under the auspices of the ministry of fisheries. Obstacles in implementing the utilization and management of the abundant marine resource potential in the Aru Islands are limited facilities and infrastructure to manage and utilize the potential of marine resources owned, weak market share, still controlled by strong investors (market monopoly) by strong investors, so that the community is not able to compete, the quality of human resources both local governments and the community in terms of managing and utilizing marine resources owned is also very low, there is still a lack of assistance from the government and the Department of Marine Affairs and Fisheries so that the management and utilization of marine resources is still not optimal, The difficulty of Vulnerability of control on the outermost small islands of the Aru Islands.
Purposes of the Research: The purpose of this study is to criticize the legal considerations of judges on land disputes objectively.
Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.
Results of the Research: The analysis used in this study is a qualitative analysis to answer the problems studied. The results of the research and discussion stated that the judge's decision in the District Court Decision Number 242/Pdt.G/2020/PN.Amb was wrong and neglected to provide legal considerations as legal objectives, namely aspects of justice, aspects of expediency and aspects of legal certainty. In these aspects, the judge was wrong and wrong in considering the ownership of a plot of land with an area of 267 M2 with a Certificate of Ownership in the name of the Defendant, namely Hana Marthina Leuhery Number 1739/desa rumah three, 15-05-2011, Letter of Measurement dated 5 May 2011 according to PRONA from the national land agency, so that aspects of justice, aspects of usefulness and aspects of legal certainty are neglected.
Purposes of the Research: The purpose of this study is to examine the working interaction between employees and employers in the financial industry during a employment agreement with a probationary period.
Methods of the Research: This study employs a normative legal research approach.
Results of the Research: The findings of this study show that a three-month probationary period is insufficient for evaluating a worker's performance. The extension of a probationary period for a worker is prohibited by law. Companies must look for new ways to appraise employee. Probationary periods are more suited to non-management positions than to managerial positions. For managerial level, the probationary term is more than three months. The level of directors is not regulated under labor laws. Labor law does not need to govern work agreements for workers at the managerial level. The parties' agreement can be regulated by the civil law.
Purposes of the Research: This study aims to analyze the legal protection of the COVID-19 investigator team from WHO in the perspective of international law.
Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.
Results of the Research: The position of the WHO investigation team in the perspective of international law is as an expert on mission as well as an expert on mission in the United Nations. Expert on mission is an external organ to assist the functions and goals of organizations including WHO. In carrying out their duties, the expert on mission is equipped with all legal protections as stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies. Protection is given when the expert mission is carrying out its duties but in the convention there is no guarantee that the expert on mission is allowed -unconditionally- to enter the territory of the country. This is very reasonable considering that the state has full sovereignty over its jurisdiction. The ban on the entry of the COVID-19 investigation team for reasons of sovereignty should have been avoided considering that the COVID-19 pandemic is a common problem that requires cooperation from all over the world. The existence of obstacles to the work of the Investigation Team by China, which incidentally is the country that initiated the formation of the Covid-19 Investigation Team, is a bad precedent and a violation of international obligations as stipulated in the Responsibility of States for International Wrongful Acts.
Purposes of the Research: The purpose of this study is to find out what the philosophical meaning and value of Tanimbar woven fabrics are as a form of traditional cultural expression and how the forms of strengthening and utilization of Tanimbar woven fabrics are as traditional cultural expressions.
Methods of the Research: The research method used is normative legal research, using a statutory approach and a conceptual approach by examining various legal rules which are then linked to the reality that occurs in society. The legal materials used in this study are primary legal materials in the form of Copyright Law, while secondary legal materials in the form of books, legal journals related to the issues studied. The technique of collecting legal materials is done through a literature study that has relevance to this research. The legal materials collected were analyzed using qualitative analysis techniques to answer the problems in this research.
Results of the Research: The original Tanimbar woven fabric has philosophical meaning and value for the Tanimbar community through the woven fabric motif. Each of these Tanimbar woven motifs has deep philosophical meanings and values regarding the life of the people and the environment of the Tanimbar people. Strengthening and Utilization of Tanimbar's original woven fabrics spun from cotton threads is increasingly being eroded by technological developments. The Tanimbar people no longer weave using cotton but have replaced it with shop yarn. In fact, the cultural heritage of Tanimbar woven fabrics inherited from their ancestors is the spinning of cotton threads, the results of which are very unique, have high economic value and are sought after by tourists and collectors of traditional fabrics. The government of the Tanimbar Islands Regency has not been able to provide protection, strengthening and utilization of the original Tanimbar woven fabrics.
Purposes of the Research: Analyze the form of responsibility for the district/city government in managing basic education affairs.
Methods of the Research: The writing method used is normative law, by reviewing positive legal provisions, legal principles, legal principles and legal doctrines in order to build legal arguments related to the substance under study.
Results of the Research: The results of the study show that the form of responsibility of the district/city government in managing government affairs in the field of basic education involves administration, institutions, finance, and facilities and infrastructure, and so on through government policies and legal actions as well as government services in the field of basic education to fulfill the rights of every citizen. citizens to obtain quality basic education services as a basis for continuing to secondary education and higher education. Neglect of the implementation of the said responsibility can be held legally responsible through accountability
Purposes of the Research: Furthermore, in this research, steps that could be implemented to tackle deforestation internationally were given.
Methods of the Research: This research was normative juridical research that examined an international law regulation, using qualitative analysis, and using secondary data.
Results of the Research: Based on international data, many countries still carried out desertification, which amounts to thousands of hectares per year. One of the reasons for the weak implementation of treaties relating to environmental protection was the absence of coercive power from international conventions over the State's sovereign authority in forest management.Weak international environmental enforcement is caused by inadequate supervision and control as well as strong authority based on state sovereignty over forest management and utilization which depends on government policies, and the system of settlement and imposition of fines that still originate from a lawsuit.
Purposes of the Research: This research was conducted with the aim of knowing and analyzing the form of fulfillment of the involvement of Indigenous Peoples in the implementation of investment activities.
Methods of the Research: The research conducted is normative. For this reason, the problem approaches used are: a statutory approach, a conceptual approach, and a human rights-based approach. The sources of legal materials used consist of primary legal materials and secondary legal materials. And then the legal materials are collected for inventory and used in the analysis of the problems raised.
Results of the Research: The fulfillment of the rights of Indigenous Peoples to customary territories and rights to manage natural resources in investment activities has not been fully realized. The government must ensure that the fulfillment of the rights of Indigenous Peoples in investment activities is accommodated and not violated in the preparation of laws and regulations. So that the legal certainty of the involvement of Indigenous Peoples in investment can be fulfilled, in the form of involvement from the planning stage to the implementation of the investment.
Purposes of the Research: This writing aims to study, analyze and discuss optimizing the use of technology in the taxation sector in Indonesia.
Methods of the Research: This paper uses a normative research method, namely research that is focused on providing a systematic explanation that governs a certain category. The problem approach is the legal approach (statute opproach) and the conceptual approach (conceptual approach). The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field.
Results of the Research: The results obtained from this paper are that, in principle, the technology used by the State of Indonesia is oriented to three pillars, namely: e-registration, e-filling and e-billing by means of technology that aims to strengthen taxpayer compliance. In addition, this technology has weaknesses, namely a good network and inefficient use of technology and the advantages of being able to access quickly and transparently.
Purposes of the Research: The research was conducted using an empirical juridical approach, which is a descriptive study of qualitative analysis.
Methods of the Research: This research tries to describe the justice for the female heirs over the land of the dati in Leihitu, Central Maluku district. The results of collecting, finding data and information through a literature study on the assumptions used in answering the problems in this research, will be tested inductively-verificatively on the latest facts found in the community.
Results of the Research: Boys have an important position in the family, while girls don't really benefit. In the distribution of land inheritance, women are not given full rights, because it is considered that women will marry and then leave with their husband's family. This reason is not to limit women's rights, nor is it because of following patrilineal kinship, but this is because during the Hongi Cruise the men take a long voyage with tough challenges, which a woman cannot do. Women in Leihitu, Central Maluku Regency, do not get inheritance rights, they only have the right to enjoy as long as they are not married. If they are married, then they do not have the right to enjoy it again, but they will have the right to enjoy dati in their husband's family
Purposes of the Research: The purpose of this research is to analyze and explain how the state's recognition and respect for the rights of indigenous peoples to the use of forest resources in the constitution and secondly to analyze how the implementation of state control over forest resources is related to the rights of indigenous peoples in Maluku Province.
Methods of the Research: This study uses two approaches, namely a legal approach which examines various legal foundations, both products of legislation and regulations related to exploitation of forest resources in islands and the second approach is a conceptual approach related to the problem under study.
Results of the Research: The results show recognition and protection of indigenous peoples has been regulated in the 1945 Constitution and several sectoral laws. However, in practice, the rights of indigenous peoples over their forest resources often clash with the interests of the government in the name of development by granting various permits in the field of forest resources to corporations in the forestry sector, causing vertical conflicts between indigenous peoples and corporations in Maluku. as well as horizontal conflicts between state institutions in Indonesia. In addition, the criminalization and violence against indigenous peoples by law enforcement officers and violations of the rights of indigenous peoples by the state, especially the rights to control, manage and exploit forests, continue to this day. The government should enforce laws and development policies in Indonesia by immediately ratifying the draft law on the protection of the rights of indigenous and tribal peoples as an effort by the state to realize protection for every citizen and serve as a legal umbrella that is fair and non-discriminatory.
Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.
Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.
Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.
Purposes of the Research: The objectives of the research are: First, to provide an analysis of how the theory of attribution correspondence inference to the judge's considerations in determining the circumstances that form the basis of sentencing and knowing whether the urge of conscience as affect in the Defendant is the reason for the abolition of the crime? Second, providing an analysis related to the urgency of behavioral jurisprudence theory in creating fair decisions based on the conscience of the judge.
Methods of the Research: The normative legal research method uses a statutory approach, a conceptual approach, and comparisons with different legal system which are based on library research in collecting research legal materials.
Results of the Research: The results are: First, the attribution correspondence inference theory can be used as consideration for judges’ considerations in determining to mitigate and aggravating circumstances in Indonesia and with a study of criminal law and the theory that the urge of conscience as affect the defendant can be used as a consideration of mitigating circumstances for the defendant, as well as conditional punishment. Second, the behavioral jurisprudence theory approach has urgency in understanding the behavior of a person doing an act or the judge in making a fair decision.
Purposes of the Research: The victim who is bound by marriage that has been done traditionally but not done civilly.
Methods of the Research: The research’s method on this writing is using the normative research’s method. A research’s method that been done with researching the library materials towards the regulations and literatures that relate with the problem that be researched. The Data that used is the secondary data with the secondary and tertiary legal materials collection priority. Then the data that be obtained are processed and served descriptively-analysis.
Results of the Research: The research’s results shows that the domestic violence that be experienced by the women who her marriage has been done traditionally based on the Law of The Elimination of Domestic Violence can be categorized as the Domestic Violence Criminal Act, but on the handling, the investigator keep to do the things that be mandated by the constitution by giving the victim’s rights and the law protection. The marriage’s status that been done traditionally doesn’t have the fixed legal foundation. But, the country keep guarantee the traditional existence in Indonesia.
Purposes of the Research: The purpose of this study is to provide a description of the importance of ethics in law enforcement in Indonesia. In addition to the substance of the law, law enforcement officers are a very influential factor. The law can be implemented properly if law enforcement officers have good ethical basic values.
Methods of the Research: The research method used is normative juridical, which is research that examines documents, namely by using various primary, secondary and tertiary legal materials such as laws and regulations, court decisions, legal theory, and can be in the form of opinions of scholars. The approach in this research is the concept and law approach.
Results of the Research: The results of the study indicate that the legal profession is a profession that is full of ethical values, because it deals with various humanitarian interests from society in general through actions and decisions taken. In reality, law enforcement officers actually make the law not upright to achieve its goals. Thus, legal knowledge alone is not enough, the ethics of law enforcement officers becomes a reference for upholding the law properly in society.
Purposes of the Research: This study aims to examine and analyze strategies and policies for the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency, as well as the obstacles to the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency.
Methods of the Research: This study uses the sociolegal method with primary data and secondary data analyzed descriptively. This research is directed to be able to study and analyze the utilization and management of marine resources in the Coastal Area of the Aru Islands Regency.
Results of the Research: There are several strategies carried out by the local government through the Fisheries and Marine Service of the Aru Islands Regency, namely providing assistance to the community, collaboration with the Ministry of Maritime Affairs and Fisheries, as well as the Aru Islands Regency Regional Government in improving facilities and infrastructure, especially in the fisheries and marine sector, quality improvement human resources through training in the field of fisheries, as well as collaboration with the Ministry of Maritime Affairs and Fisheries to provide scholarships for fishermen's children to study and study at educational institutions under the auspices of the ministry of fisheries. Obstacles in implementing the utilization and management of the abundant marine resource potential in the Aru Islands are limited facilities and infrastructure to manage and utilize the potential of marine resources owned, weak market share, still controlled by strong investors (market monopoly) by strong investors, so that the community is not able to compete, the quality of human resources both local governments and the community in terms of managing and utilizing marine resources owned is also very low, there is still a lack of assistance from the government and the Department of Marine Affairs and Fisheries so that the management and utilization of marine resources is still not optimal, The difficulty of Vulnerability of control on the outermost small islands of the Aru Islands.
Purposes of the Research: The purpose of this study is to criticize the legal considerations of judges on land disputes objectively.
Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.
Results of the Research: The analysis used in this study is a qualitative analysis to answer the problems studied. The results of the research and discussion stated that the judge's decision in the District Court Decision Number 242/Pdt.G/2020/PN.Amb was wrong and neglected to provide legal considerations as legal objectives, namely aspects of justice, aspects of expediency and aspects of legal certainty. In these aspects, the judge was wrong and wrong in considering the ownership of a plot of land with an area of 267 M2 with a Certificate of Ownership in the name of the Defendant, namely Hana Marthina Leuhery Number 1739/desa rumah three, 15-05-2011, Letter of Measurement dated 5 May 2011 according to PRONA from the national land agency, so that aspects of justice, aspects of usefulness and aspects of legal certainty are neglected.
Purposes of the Research: The purpose of this study is to examine the working interaction between employees and employers in the financial industry during a employment agreement with a probationary period.
Methods of the Research: This study employs a normative legal research approach.
Results of the Research: The findings of this study show that a three-month probationary period is insufficient for evaluating a worker's performance. The extension of a probationary period for a worker is prohibited by law. Companies must look for new ways to appraise employee. Probationary periods are more suited to non-management positions than to managerial positions. For managerial level, the probationary term is more than three months. The level of directors is not regulated under labor laws. Labor law does not need to govern work agreements for workers at the managerial level. The parties' agreement can be regulated by the civil law.
Purposes of the Research: This study aims to analyze the legal protection of the COVID-19 investigator team from WHO in the perspective of international law.
Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.
Results of the Research: The position of the WHO investigation team in the perspective of international law is as an expert on mission as well as an expert on mission in the United Nations. Expert on mission is an external organ to assist the functions and goals of organizations including WHO. In carrying out their duties, the expert on mission is equipped with all legal protections as stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies. Protection is given when the expert mission is carrying out its duties but in the convention there is no guarantee that the expert on mission is allowed -unconditionally- to enter the territory of the country. This is very reasonable considering that the state has full sovereignty over its jurisdiction. The ban on the entry of the COVID-19 investigation team for reasons of sovereignty should have been avoided considering that the COVID-19 pandemic is a common problem that requires cooperation from all over the world. The existence of obstacles to the work of the Investigation Team by China, which incidentally is the country that initiated the formation of the Covid-19 Investigation Team, is a bad precedent and a violation of international obligations as stipulated in the Responsibility of States for International Wrongful Acts.
Purposes of the Research: The purpose of this study is to find out what the philosophical meaning and value of Tanimbar woven fabrics are as a form of traditional cultural expression and how the forms of strengthening and utilization of Tanimbar woven fabrics are as traditional cultural expressions.
Methods of the Research: The research method used is normative legal research, using a statutory approach and a conceptual approach by examining various legal rules which are then linked to the reality that occurs in society. The legal materials used in this study are primary legal materials in the form of Copyright Law, while secondary legal materials in the form of books, legal journals related to the issues studied. The technique of collecting legal materials is done through a literature study that has relevance to this research. The legal materials collected were analyzed using qualitative analysis techniques to answer the problems in this research.
Results of the Research: The original Tanimbar woven fabric has philosophical meaning and value for the Tanimbar community through the woven fabric motif. Each of these Tanimbar woven motifs has deep philosophical meanings and values regarding the life of the people and the environment of the Tanimbar people. Strengthening and Utilization of Tanimbar's original woven fabrics spun from cotton threads is increasingly being eroded by technological developments. The Tanimbar people no longer weave using cotton but have replaced it with shop yarn. In fact, the cultural heritage of Tanimbar woven fabrics inherited from their ancestors is the spinning of cotton threads, the results of which are very unique, have high economic value and are sought after by tourists and collectors of traditional fabrics. The government of the Tanimbar Islands Regency has not been able to provide protection, strengthening and utilization of the original Tanimbar woven fabrics.