SANISA: Jurnal Kreativitas Mahasiswa Hukum
SANISA: Jurnal Kreativitas Mahasiswa Hukum merupakan media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. SANISA: Jurnal Kreativitas Mahasiswa Hukum mempublikasikan karya-karya kreativitas ilmiah di bidang ilmu hukum, diterbit dua kali setahun pada bulan April dan Oktober. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk menerbitkan hasil kreativitas dibidang penelitian atau ulasan artikel yang asli maupun Pengabdian Masyarakat. 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. SANISA: Jurnal Kreativitas Mahasiswa Hukum tersedia dalam bentuk online. Bahasa yang digunakan dalam jurnal ini adalah bahasa Indonesia dan bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai permasalahan di bidang Hukum Pidana, Hukum Perdata, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi, Hukum Lingkungan, Hukum Islam, Hukum Adat dan bagian lain yang terkait dengan isu kontemporer di bidang ilmu hukum
Articles
21 Documents
<![CDATA[Penerapan Sanksi Pidana Terhadap Pelaku Tindak Pidana Pembunuhan Yang Dilakukan Oleh Anak ]]>
<![CDATA[Risky Themar Bes Safsafubun]]>;
<![CDATA[Hadibah Zachra Wadjo]]>;
<![CDATA[MARGIE GLADIES SOPACUA]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: This article analyzes the application of appropriate criminal sanctions against children as perpetrators of the crime of murder.Purposes of the Research: The purpose of this article is to clarify the application of appropriate criminal sanctions against children as perpetrators of the crime of murder. Methods of the Research: This article uses a normative writing method with an analytical descriptive approach. Results of the Research: Decision number 8/Pid.Sus-Anak/2018/PNAmb Son of Irawan Alias Iwan is proven legally and convincingly guilty of committing a criminal act of Deliberately Taking the Life of Another, as regulated in Article 338 of the Criminal Code; Sentencing the child Irawan Alias Iwan in the form of imprisonment for 5 (five) years reduced as long as the child is temporarily detained, with an order to remain detained. As for Article 71 paragraph (5) of Law No. 11 of 2012 stipulates: further provisions regarding the form and procedure of criminal execution as referred to in paragraph (1), paragraph (2), and paragraph (3) shall be regulated by a Government Regulation. Similarly, the provisions contained in Article 82 paragraph (4) of Law no. 11 of 2012 states: further provisions regarding actions as referred to in paragraph (1) shall be regulated by a Government Regulation.]]>
<![CDATA[Eksplorasi Minyak Republik Rakyat Tiongkok (RRT) Di Reed Bank Dan Dampaknya Bagi Kedaulatan Filipina ]]>
<![CDATA[Mioldry Evilyn Saleky]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: Oil exploration carried out by the people’s Republic of china at the reed bank. China is based on the nine dash line, but the philippnes claims that the reed bank is its territory based on the UNCLOS 1982.Purposes of the Research: This paper aims to determine and analyze the impact of oli exploration in the reed bank with the sovereignty of the Philippines. Methods of the Research: The research method in this writing uses the type of analytical prescriptive research. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques. Results of the Research: The results obtained are to axplain that the impact of oil exploration in the reed bank by the RRT on the Philippines is not yet real yet, but with the action of oli exploration in the reed bank that continues to be carried out by the RRT, it will pose a threar to the sovereignty of the Philippines in the future.]]>
<![CDATA[Angkatan Darat Yang Melakukan Tindak Pidana Asusila Di Muka Umum ]]>
<![CDATA[Yuda Prihandana]]>;
<![CDATA[Sherly Adam]]>;
<![CDATA[Leony Lokollo]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: In criminal cases committed by a military soldier, it must be resolved within the Military Court. Including if an unscrupulous military soldier commits an immoral crime in public.Purposes of the Research: Analyzing and discussing the application of the elements of criminal acts in Article 281 of the Criminal Code has been fulfilled in immoral crimes committed by soldiers and analyzing and discussing Army soldiers who commit immoral crimes in public can be applied to Article 281 of the Criminal Cod. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach, a conceptual approach and qa case approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods. Results of the Research: The results showed that the application of the elements of criminal acts in Article 281 of the Criminal Code against TNI AD soldiers who committed immoral crimes in public in Military Decision Number 121-K/PM-III-18/AD/XI/2019, based on legal considerations of military judges that the defendant (TNI AD soldier) was proven guilty and convincingly committed an immoral crime in public, the elements of Article 281 of the Criminal Code have been fulfilled, namely the element of whoever, intentionally and openly violates decency, so that TNI AD soldiers who commit immoral crimes in public are sentenced or be subject to a criminal sanction of 3 (three) months in prison. and stipulates that during the time the defendant is in temporary detention, the total amount of the sentence imposed is deducted. Indonesian Army soldiers who commit immoral criminal acts in public can be applied to Article 281 of the Criminal Code, because in the Military Criminal Code it has not been specifically regulated regarding immoral acts that can be imposed on members of the Army and although the Military Criminal Code is a Lex specialis or specificity of the Criminal Code, it must remain refers to the Criminal Code.]]>
<![CDATA[Penanggulangan Penambangan Emas Illegal ]]>
<![CDATA[Alva Viere Niwele]]>;
<![CDATA[Fioren Mataheru]]>;
<![CDATA[Iqbal Taufik]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: The background of this writing is based on the facts which show Regency of Buruh is one of the districts with very rampant illegal gold mining activities, especially those carried out by the community. This is inseparable from various factors that cause illegal gold mining activities, both social, legal and economic factors.Purposes of the Research: This paper aims to describe the efforts to control the illegal gold mining activities of Mount Botak in Labor District, both those carried out by licensed companies and the community carried out conventionally. Methods of the Research: The research method used is normative juridical. do not yet have a People's Mining Business Permit, and 25 units of soaking tubs using cyanide and mercury are still found around the riverbanks around Mount Botak. Results of the Research: Overlapping mining permits, the absence of synergy between law enforcement officers in handling criminal acts in the mining sector, there is still a lack of public awareness of the impact of traditional mining, polluted the environment due to the disposal of mercury and cyanide waste, as a result of From this pollution, some babies born have structural defects in the form of physical abnormalities and functional disabilities such as Down syndrome. These defects occur because while their mothers are pregnant they consume water that has been contaminated with mercury and cyanide waste.]]>
<![CDATA[Perlindungan Hukum Konsumen Bagi Penerima Vaksin Covid-19 ]]>
<![CDATA[Vera Waty Simanjuntak]]>;
<![CDATA[La Ode Angga]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: The government continues to carry out Covid-19 vaccinations in Indonesia to protect and strengthen the health system as a whole, as well as maintain productivity and reduce the social and economic impact of the community.Purposes of the Research: Purpose of Writing/Research: knowing and analyzing the covid 19 vaccine and its impact on the human body as well as knowing and analyzing legal legal protection for recipients of the covid-19 vaccine. Methods of the Research: The method used in writing this paper is literature study and observation. The main types of references used in the study of literature are books, journals and scientific articles. The data is used as a basis for analyzing and explaining the problem in a discussion. The analysis technique is descriptive argumentative. Meanwhile, observations and interviews were conducted with civil law lawyers at Pattimura University. Results of the Research: The results of the study show that the government has a responsibility to guarantee the rights of citizens to health, so that when these obligations are violated and cause harm, the government has committed acts against the law, community with an organized approach to achieve maximum results. In the implementation of vaccination, the government must provide clear information to the public so that people are not afraid to participate in vaccination. The government must also provide clear information to the public that after being vaccinated, the community must continue to apply health protocols for mutual safety.]]>
<![CDATA[Kajian Sosio-Yuridis Pembebasan Bersyarat dan Pemberian Asimilasi Bagi Narapidana pada Masa Pandemi Covid-19 Ditinjau Dari Perspektif Tujuan Pemidanaan ]]>
<![CDATA[Fernando Tantaru]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Erwin Ubwarin]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: One of the programs in the correctional guidance system is the provision of assimilation, which is part of the development program of the correctional institution. In connection with the current Covid-19 outbreak, the government has made a policy for the release of prisoners, the government has established it through the assimilation program and the right to integration. The presence of integration assimilation aims to support the eradication of Covid-19 in correctional institutions (LAPAS) and detention centers (RUTAN).Purposes of the Research: Assessing and analyzing from a socio-juridical perspective, conditional and assimilation for prisoners during the Covid-19 pandemic in terms of the perspective of the purpose of punishment and after the prisoner is in the community. Methods of the Research: The research method used is empirical legal research, with the form of evaluative research which aims to assess the implementation of laws and regulations and is carried out by conducting library research and field research. The type of research used in this writing is analytical descriptive. Which is a method that serves to describe or provide an overview of the object under study through data that has been collected through interviews and observations. Results of the Research: From the results of the research conducted by the writer at the Ambon Class IIA Prison (LAPAS) and the Ambon Class II Correctional Center (BAPAS) regarding Assimilated Prisoners. and the process of resocialization and reintegration of prisoners with society and its socio-juridical impact. and the supervision process which is still relatively weak due to its access, such as the lack of Android as a media for guidance and supervision of the sharing community of prisoners who carry out assimilation at home, and also the distance of prisoners' houses which is quite difficult to reach. to be contacted in the middle of the Covid-19 Pandemic administratively (Rapid-Test Letter) for Community Advisors.]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja Seks Komersil Anak Di Kabupaten Kepulauan Aru ]]>
<![CDATA[Zeti Utami]]>;
<![CDATA[Hadibah Zachra Wadjo]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: Protection provided by Law Number 35 of 2014 in Article 68, namely legal protection for children of special commercial sex workers is carried out through efforts of supervision, protection, prevention, care and rehabilitation as well as legal assistance.Purposes of the Research: This study aims to analyze and discuss the form of legal protection for child commercial sex workers in Aru Islands Regency. Methods of the Research: The research method used is normative juridical research. The type of research is descriptive analytical. The source of legal materials is primary and secondary legal materials. The collection technique is through library research and further analyzed by means of descriptions using qualitative methods. Based on the results and discussion. Results of the Research: Legal protection for Child Commercial Sex Workers that has been carried out by the government in the Aru Islands by providing assistance for child commercial sex workers by the Office of Women's Empowerment and Child Protection in the form of medical assistance and psychological assistance. However, legal protection for child commercial sex workers has not been maximized as mandated by law, this can be seen from the form of legal protection provided to child victims of commercial sex workers in the Aru Islands, only limited to assistance by the Office of Women's Empowerment and Child Protection in the Aru Islands. in the investigation stage, this is due to a lack of synergy between legal protection institutions and the absence of a legal umbrella in the form of Regional Regulations in the Aru Islands.]]>
<![CDATA[Pemenuhan Hak-Hak Korban Kekerasan Dalam Rumah Tangga (Studi Pada Polres Kepulauan Aru) ]]>
<![CDATA[Dominggus Steven Djilarpoin]]>;
<![CDATA[Sherly Adam]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: Victims of domestic violence can exercise their rights as mandated in the PKDRT Law so that they can assist the police in smoothing the legal process that is handled and cooperation between the Police and related agencies and the victims themselves is needed in order to minimize cases of domestic violence that occur. so far according to the children of the PKDRT Law.Purposes of the Research: This study aims to analyze and discuss the fulfillment of the rights of victims of domestic violence at the Aru Islands Police This type of research is normative juridical. Methods of the Research: This study uses a normative juridical method. The problem approach used is the statutory approach, concept analysis approach and case approach. Legal materials use primary legal materials and secondary legal materials. The technique of collecting legal materials is through literature study and qualitative analysis of legal materials. Results of the Research: Fulfillment of the rights of victims of domestic violence carried out by the Aru Islands Police has been in accordance with Law Number 23 of 2004 concerning the Elimination of Domestic Violence, in Article 10 which explains the rights given to victims of violence in household, namely providing protection for victims. The protection provided includes medical services for victims, cooperating with social institutions related to legal assistance and assistance, conducting socialization on domestic violence, providing spiritual guidance services. The Aru Islands Police have implemented and fulfilled the rights of victims of domestic violence, but in the fulfillment of their rights, there are still obstacles faced by both the Police and the victims themselves, where the victims do not fully use the rights of the victims as mandated in the The PKDRT Law.]]>
<![CDATA[Kebijakan Bebas Visa Bagi Warga Negara Asing yang Masuk Secara Ilegal dalam Prespektif Hukum Keimigrasian ]]>
<![CDATA[Elvira Belinda Mantiri]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Lucia Charlota Octovina Tahamata]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: This research discusses the issue of Free Visas made by the government in Presidential Regulation No. 21 of 2016 concerning Visa Free that does have a positive impact such as the increase in the number of tourists that is felt in economic growth, as well as foreign exchange countries. But it also has a negative impact, namely free visas, visas made by citizens such as an overstay visit visa, or workers who enter to work in Indonesia illegally.Purposes of the Research: Analyze and review visa-free policies for the entry and exit of foreign national)Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literatureResults / Findings / Novelty of the Research: The Visa Free Policy made by the government does have a positive impact such as the increase in the number of tourists is very much felt in economic growth, as well as the country's foreign exchange. But it also has a negative impact, namely the abuse of visa-free committed by foreign nationals, such as the abuse of an overstay visit visa, or foreign workers who enter to work in Indonesia illegally, this can also affect the country's sovereignty, especially in the social and social fields. economy therefore the abuse of visa-free must be a major concern for the government to be able to solve the problem.]]>
<![CDATA[Penyelesaian Sengketa Tanah Dati (Studi Kasus Putusan MA Nomor 2025 K/Pdt/1983) ]]>
<![CDATA[Priescillia Mariana Palapessy]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>;
<![CDATA[Adonia Ivone Laturette]]>
<![CDATA[ SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 1 (2021): Volume 1, Nomor 1, April 2021 ]]>
Publisher : <![CDATA[Faculty of Law Pattimura University ]]>
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<![CDATA[Introductioan: Dati land can be lost if there are no more descendants as heirs. Dati disappears then the State Government can give it to other children of the country to own, but in its giving there are often disputes, so that parties who feel they have the right propose a settlement through court channels.Purposes of the Research: To study and explain the factors in the occurrence of Dati land disputes and settlement of Dati land disputes based on the Supreme Court Decision No.2025 K/Pdt/1983.Methods of the Research: This study uses normative legal research methods with the source of legal materials used in the study are primary, secondary and tertiary. Data collection carried out in the study is library research, namely analyzing library materials related to research.Results of the Research: Based on the results of the study, there were various factors that influenced the occurrence of dati land disputes, but what happened between the Plaintiff and the Defendant was that mutual claims on dati land disappeared from the Head of Dati Estefanus Wattimena. Based on the evidence presented in the trial, the judge decided that Batubulan and Telagaraja dati belonged to the Defendant which was given by the State Government to the Defendant’s grandfather in 1923 as a form of remuneration for the development of the Urimessing State, and that the Defendant in good faith had cultivated the land for decades, so that with that the Plaintiff was unable to weaken the evidence from the Defendant.]]>
