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
Introduction: The handover of basic education affairs by the central government to regencies/muni... more Introduction: The handover of basic education affairs by the central government to regencies/municipalities, raises the responsibility of district/city local governments to manage basic education affairs in order to provide quality basic education to local community members. 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
Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for ... more Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for environmental law enforcement. Many treaties have regulated the environment, mainly deforestation, and many countries have ratified these treaties. However, implementing these regulations did not necessarily stop countries from deforesting. 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.
Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are ... more Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities. 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.
Introduction: The development of tax reform shows that technology has a very important role. For ... more Introduction: The development of tax reform shows that technology has a very important role. For this reason, the sustainability of tax collection in the State of Indonesia itself has at least an online system based on how taxpayers work to fulfill their obligations. However, the optimization of the application must be properly reviewed first to find out the effectiveness of the technology made. 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.
Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow ... more Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives. 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
Introduction: The Constitution clearly provides recognition and respect for the existence of soci... more Introduction: The Constitution clearly provides recognition and respect for the existence of society customary law in Indonesia is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, how is the implementation in the islands such as Maluku Province which has unique characteristics such as cultural, social, religious culture and especially in the utilization of forest resources based on local wisdom that has been maintained for generations. 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.
Introduction: The issue of technology transfer is a problem that is always faced by developing co... more Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy. 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.
Introduction: This article analyzes the implications of the attribution correspondence inference ... more Introduction: This article analyzes the implications of the attribution correspondence inference theory and whether the urge of conscience as affect in the Defendant is the reason for the abolition of the sentence? also behavioral jurisprudence theory on judges' considerations, where it's often a discourse in Indonesia. It is necessary to explore the human values contained in Defendant. 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.
Introduction: The law regulation about the elimination of domestic violence has been regulated on... more Introduction: The law regulation about the elimination of domestic violence has been regulated on dalam Law Number 23 of 2004 about The Elimination of Domestic Violence that, “to prevent, protect the victim, and take action to the domestic violence perpetrator, country, and society must do the prevention, protection, and the perpetrator prosecution that suitable with the Pancasila’s philosophy and the 1945 Constitution of the Republic of Indonesia”. 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.
Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work togeth... more Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work together to realize legal ideals. Law enforcement officials need ethical considerations so that the law enforcement process can run well. Ethics acts as an important guide to ensuring proper and appropriate behavior in legal practice. Areas of coverage of ethical standards include sacred values, solidarity, theoretical, power, economics, and skills. 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.
Introduction: In the current development planning efforts, the management of small islands faces ... more Introduction: In the current development planning efforts, the management of small islands faces various threats, both from the ecological aspect as well as from the social aspect. 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.
Introduction: The main task of a court judge is to receive, examine and adjudicate and settle eve... more Introduction: The main task of a court judge is to receive, examine and adjudicate and settle every case that is brought to him. Judges may not refuse to examine and adjudicate cases submitted on the pretext that the law does not exist or is unclear, but is obligated to examine and try them. The study of this decision is to test whether the decision of the panel of judges in the court of first instance reflects a substantively fair decision. 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.
Introduction: This study looks at how to implement a three-month probationary period for probatio... more Introduction: This study looks at how to implement a three-month probationary period for probationary employees. 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.
Introduction: This issue was raised based on the fact that the COVID-19 investigation team in car... more Introduction: This issue was raised based on the fact that the COVID-19 investigation team in carrying out their duties did not always go well, one of which was the refusal of several people from the investigation team to enter Chinese territory. 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.
Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual... more Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual property rights produced by indigenous peoples or traditional communities is an interesting issue to study, one of which is the Tanimbar Weaving Fabric which is a form of intellectual work of the Tanimbar community. 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.
The political parties that emerge in Indonesia have a distinct catch-all character; they are depe... more The political parties that emerge in Indonesia have a distinct catch-all character; they are dependent on individual figures and lack a defined socioeconomic foundation. For political parties, the regeneration process has become a struggle. Because certain political parties lack a clear regeneration system, oligarchic recruiting is a common occurrence. Religious affiliations, local links, local commonalities, and proximity to political party leaders all have a role in recruitment trends. This research aims to explain the role of the under bow of the political party on regeneration. This is a legal-normative study that relies on secondary data. The research material is divided into three categories: primary, secondary, and tertiary. The following factors, according to this study, influence political party regeneration and recruitment: 1) political dynasty has an impact on unhealthy regeneration; 2) political dowry has an impact on unhealthy competition among political party members; and 3) popularity factor has an impact on how quickly people can become political party members. Political parties' inability to recruit and regenerate has an impact on their capacity to fulfill their role as the primary source of national leadership selection. Alternative solutions to these problems include strengthening the under bow of political parties. The existence of under bow of political parties will aid in the transmission of political party doctrine. Political parties will be rewarded with the best members who will fight for their vision and goals. Furthermore, the under bow of political parties can serve as educational institutions for potential members before they join the party.
The government system in post-reform Indonesia is a presidential system with many parties. The ad... more The government system in post-reform Indonesia is a presidential system with many parties. The advantage of this system is that it is more democratic because many parties are considered to accommodate the wishes and interests of people from various backgrounds through political parties, while the weakness is that it is difficult for the ruling party if it is not in the majority. The purpose of this study was to determine the implementation of a presidential system of multi-party governance in post-reform Indonesia. The results of the study are that in a presidential government system with many parties (multi-party system) such as in Indonesia, it will cause problems if no political party wins the election with a majority vote, the President must build a coalition with a number of political parties that have representatives in the House of Representatives (DPR). DPR). Since the holding of the 1999 and 2004 elections, there have been efforts to simplify political parties, by reducing the number of election participants through the electoral threshold and then changing since 2009 to reducing the number of political parties that may sit in parliament by using the minimum threshold requirement (parliamentary threshold). However, this method has not been successful because there are still relatively many political parties sitting in parliament, this is due to the parliamentary threshold that is too small. Ideally, the parliamentary threshold, which was previously 4% in the 2019 election, is raised to 8% in the 2024 election. Thus, a strong, effective and stable presidential government system with only 4 (four) to 6 (six) political parties will be realized.
The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic ... more The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.
Every company has a social responsibility. There are measurements of social responsibility that a... more Every company has a social responsibility. There are measurements of social responsibility that are carried out to achieve usefulness, one of which is Islamic banking. Although Islamic banking is only considered a labeling issue. However, with the role of DPS which is realized through CSR, it indicates that Islamic banking contributes and is responsible for various social aspects and nation building as a common goal as stated in the 5th principle of Pancasila. This study aims to determine the authority of the Sharia Supervisory Board (DPS) as mandated in laws and regulations and the implications for the realization of Corporate Social Responsibility (CSR) in Islamic banking. This research method is normative juridical, with a statutory and conceptual approach that refers to legal doctrines. The results of the study indicate that DPS has an important role in preventive efforts for activities in Islamic banking as well as the actuality of social responsibility that is realized through CSR.
The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the ... more The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.
Introduction: The handover of basic education affairs by the central government to regencies/muni... more Introduction: The handover of basic education affairs by the central government to regencies/municipalities, raises the responsibility of district/city local governments to manage basic education affairs in order to provide quality basic education to local community members. 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
Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for ... more Introduction: "Anforce the law, or the world will be destroyed" is an appropriate expression for environmental law enforcement. Many treaties have regulated the environment, mainly deforestation, and many countries have ratified these treaties. However, implementing these regulations did not necessarily stop countries from deforesting. 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.
Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are ... more Introduction: Constitutionally, Indigenous Peoples are 'subjects' of natural resources which are the rights of Indigenous Peoples that have been managed and maintained for generations based on their local wisdom. Indigenous Peoples must be involved in investment activities through the involvement of Indigenous Peoples from the beginning of the planning stage to provide input and other involvement in share ownership of investment or business activities. 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.
Introduction: The development of tax reform shows that technology has a very important role. For ... more Introduction: The development of tax reform shows that technology has a very important role. For this reason, the sustainability of tax collection in the State of Indonesia itself has at least an online system based on how taxpayers work to fulfill their obligations. However, the optimization of the application must be properly reviewed first to find out the effectiveness of the technology made. 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.
Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow ... more Introduction: Maluku Province has a patrilineal customary law community, whose blood ties follow the father's line. The rights and obligations of the child are determined by the father and his relatives. 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
Introduction: The Constitution clearly provides recognition and respect for the existence of soci... more Introduction: The Constitution clearly provides recognition and respect for the existence of society customary law in Indonesia is regulated in Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution. However, how is the implementation in the islands such as Maluku Province which has unique characteristics such as cultural, social, religious culture and especially in the utilization of forest resources based on local wisdom that has been maintained for generations. 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.
Introduction: The issue of technology transfer is a problem that is always faced by developing co... more Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy. 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.
Introduction: This article analyzes the implications of the attribution correspondence inference ... more Introduction: This article analyzes the implications of the attribution correspondence inference theory and whether the urge of conscience as affect in the Defendant is the reason for the abolition of the sentence? also behavioral jurisprudence theory on judges' considerations, where it's often a discourse in Indonesia. It is necessary to explore the human values contained in Defendant. 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.
Introduction: The law regulation about the elimination of domestic violence has been regulated on... more Introduction: The law regulation about the elimination of domestic violence has been regulated on dalam Law Number 23 of 2004 about The Elimination of Domestic Violence that, “to prevent, protect the victim, and take action to the domestic violence perpetrator, country, and society must do the prevention, protection, and the perpetrator prosecution that suitable with the Pancasila’s philosophy and the 1945 Constitution of the Republic of Indonesia”. 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.
Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work togeth... more Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work together to realize legal ideals. Law enforcement officials need ethical considerations so that the law enforcement process can run well. Ethics acts as an important guide to ensuring proper and appropriate behavior in legal practice. Areas of coverage of ethical standards include sacred values, solidarity, theoretical, power, economics, and skills. 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.
Introduction: In the current development planning efforts, the management of small islands faces ... more Introduction: In the current development planning efforts, the management of small islands faces various threats, both from the ecological aspect as well as from the social aspect. 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.
Introduction: The main task of a court judge is to receive, examine and adjudicate and settle eve... more Introduction: The main task of a court judge is to receive, examine and adjudicate and settle every case that is brought to him. Judges may not refuse to examine and adjudicate cases submitted on the pretext that the law does not exist or is unclear, but is obligated to examine and try them. The study of this decision is to test whether the decision of the panel of judges in the court of first instance reflects a substantively fair decision. 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.
Introduction: This study looks at how to implement a three-month probationary period for probatio... more Introduction: This study looks at how to implement a three-month probationary period for probationary employees. 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.
Introduction: This issue was raised based on the fact that the COVID-19 investigation team in car... more Introduction: This issue was raised based on the fact that the COVID-19 investigation team in carrying out their duties did not always go well, one of which was the refusal of several people from the investigation team to enter Chinese territory. 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.
Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual... more Introduction: The strengthening, utilization and preservation of EBT as an object of intellectual property rights produced by indigenous peoples or traditional communities is an interesting issue to study, one of which is the Tanimbar Weaving Fabric which is a form of intellectual work of the Tanimbar community. 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.
The political parties that emerge in Indonesia have a distinct catch-all character; they are depe... more The political parties that emerge in Indonesia have a distinct catch-all character; they are dependent on individual figures and lack a defined socioeconomic foundation. For political parties, the regeneration process has become a struggle. Because certain political parties lack a clear regeneration system, oligarchic recruiting is a common occurrence. Religious affiliations, local links, local commonalities, and proximity to political party leaders all have a role in recruitment trends. This research aims to explain the role of the under bow of the political party on regeneration. This is a legal-normative study that relies on secondary data. The research material is divided into three categories: primary, secondary, and tertiary. The following factors, according to this study, influence political party regeneration and recruitment: 1) political dynasty has an impact on unhealthy regeneration; 2) political dowry has an impact on unhealthy competition among political party members; and 3) popularity factor has an impact on how quickly people can become political party members. Political parties' inability to recruit and regenerate has an impact on their capacity to fulfill their role as the primary source of national leadership selection. Alternative solutions to these problems include strengthening the under bow of political parties. The existence of under bow of political parties will aid in the transmission of political party doctrine. Political parties will be rewarded with the best members who will fight for their vision and goals. Furthermore, the under bow of political parties can serve as educational institutions for potential members before they join the party.
The government system in post-reform Indonesia is a presidential system with many parties. The ad... more The government system in post-reform Indonesia is a presidential system with many parties. The advantage of this system is that it is more democratic because many parties are considered to accommodate the wishes and interests of people from various backgrounds through political parties, while the weakness is that it is difficult for the ruling party if it is not in the majority. The purpose of this study was to determine the implementation of a presidential system of multi-party governance in post-reform Indonesia. The results of the study are that in a presidential government system with many parties (multi-party system) such as in Indonesia, it will cause problems if no political party wins the election with a majority vote, the President must build a coalition with a number of political parties that have representatives in the House of Representatives (DPR). DPR). Since the holding of the 1999 and 2004 elections, there have been efforts to simplify political parties, by reducing the number of election participants through the electoral threshold and then changing since 2009 to reducing the number of political parties that may sit in parliament by using the minimum threshold requirement (parliamentary threshold). However, this method has not been successful because there are still relatively many political parties sitting in parliament, this is due to the parliamentary threshold that is too small. Ideally, the parliamentary threshold, which was previously 4% in the 2019 election, is raised to 8% in the 2024 election. Thus, a strong, effective and stable presidential government system with only 4 (four) to 6 (six) political parties will be realized.
The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic ... more The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.
Every company has a social responsibility. There are measurements of social responsibility that a... more Every company has a social responsibility. There are measurements of social responsibility that are carried out to achieve usefulness, one of which is Islamic banking. Although Islamic banking is only considered a labeling issue. However, with the role of DPS which is realized through CSR, it indicates that Islamic banking contributes and is responsible for various social aspects and nation building as a common goal as stated in the 5th principle of Pancasila. This study aims to determine the authority of the Sharia Supervisory Board (DPS) as mandated in laws and regulations and the implications for the realization of Corporate Social Responsibility (CSR) in Islamic banking. This research method is normative juridical, with a statutory and conceptual approach that refers to legal doctrines. The results of the study indicate that DPS has an important role in preventive efforts for activities in Islamic banking as well as the actuality of social responsibility that is realized through CSR.
The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the ... more The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.
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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.