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Praktik Oper Penumpang Angkutan Bus Antar Kota Muhammad Rifqy Rusliyadi; Kairuddin Karim; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the factors that cause city transport passenger shift activities within the province at Lumpue Parepare type A terminal and to find out the legal review of passenger shift activities at Lumpue Parepare type A terminal. This research uses normative and empirical research with a statutory approach and a case passenger; Transport; Terminal. study approach, the data collection techniques used are observation, interviews, and documentation. Types and sources of data using primary data, secondary data, tertiary data, and data analysis were examined qualitatively and descriptively. The study's results show what factors cause the activity of passing city transport passengers within the province at the type A terminal of Lumpue Parepare. The first is the loss experienced by bus transportation when it carries a few passengers or beyond the maximum target sea it carries. The second is bus routes. The third is that the bus violates itself outside the terminal which the driver carries out, while inside the terminal it is a passenger movement, not a passenger transfer activity. Fourth, the condition of the bus is not roadworthy for travel, and a legal review of passenger transfer activities at the Lumpue Parepare type A terminal, namely agreement law, consumer protection law, and transportation law.
Kajian Yuridis Terhadap Penguasaan Tanah Secara Melawan Hukum Resa Mahendra; Kairuddin Karim; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to find out the basic material legal considerations of the Court Judge in deciding the case Case Number 2/Pdt.G/2020/PN.Sdr and to find out the application of the Judge's Law in Case 2/Pdt.G/2020/PN. Sdr. The research method used in this writing is the type of research used in this research is normative research. Normative legal research is research conducted using an approach to legal norms or substances, legal principles, legal theory, legal arguments and comparative law, where the orientation of normative legal research is Law In Books, namely observing legal reality in various legal norms or rules that have formed. The results of the study show Legal considerations of unlawful acts disputes in the Sidenreng Rappang District Court Decision, occurred because of the transfer of land rights carried out by Hj. Nurliah Kamal committed an unlawful act against her over the object of the dispute, by making a Death Certificate from her family on behalf of H. P. Dali, and a Death Certificate on behalf of H. P. Camming, marked T-3; over the object of dispute which is used as evidence, but cannot be recognized as legal evidence of ownership by the Sidenreng Rappang District Court by taking into account the provisions of Article 163 HIR/283 RBg, the Civil Code, and all laws and regulations related to a case; Application of the Judge's law in Mastery of the disputed object Stating according to law that the actions of the Defendant controlling the land of the object of dispute belonging to the Plaintiff and not wanting to hand over the object of dispute to the Plaintiff are unlawful acts, according to the Decision of the Sidenreng Rappang District Court Number 2/Pdt.G/2020/PN.Sdr.
Pemenuhan Hak-Hak Anak Pasca Perceraian Feni Sagita Indah; Kairuddin Karim; Lia Trizza Firgita Adhilia
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine the application of law to the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt.G/2022/PA Pare and to determine legal considerations by judges regarding the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt. G/2022/PA Pare. The type of research used in this research is normative legal research. The approach used in this paper is the statutory approach and the case approach. The results of the research show that the judge has applied the law that has been in force. Whether it's Law Number 1 of 1974 Concerning Marriage and the Compilation of Islamic Law. Because with these references it has an impact or implications for the defendant so that the decision can be carried out, not even ignoring it. that the legal considerations of the judge as described are appropriate and in accordance with the facts obtained at the trial including in the evidence as the implementation of Article 164 HIR regarding evidence in the civil sphere. Whereas in parenting the child is still in the care of the mother because the child is still underage, even so, the father or the defendant can still meet his child so that this is in line with or in accordance with the intent and purpose of Law number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI).
Pelaksanaan Mediasi Bagi Para Pihak Dalam Perkara Perceraian Rahmiati Rahmiati; Kairuddin Karim; Auliah Ambarwati
Jurnal Litigasi Amsir Vol 11 No 2 (2024): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research delves into the implementation of divorce case mediation at the Enrekang Religious Court, emphasizing the pre-mediation stages, mediation implementation, and final reporting to the case judge. Findings reveal a structured process involving problem identification, proposal of alternative solutions, and consultation. The mediator is mandated to report mediation outcomes and legal consequences, including a written agreement signed by parties. In cases of agreement, parties present the signed agreement to the judge, potentially leading to a peace decision. The Settlement Agreement, validated by a Deed of Settlement, adheres to court disclosure regulations.
Dinamika Pembatalan Hak Atas Tanah: Sebuah Tinjauan Yuridis Komprehensif Asrullah Asrullah; Kairuddin Karim; Muh. Darwis; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the factors causing the cancellation of land rights due to administrative defects and the mechanism for cancellation. Using normative and empirical juridical approaches, this study examines Agrarian law regulation and practice in the field. As a result, cancellations often occur due to falsification of data and misuse of identity, affecting the real landowner. The settlement of the case at the Pinrang Regency Land Agency Office refers to Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional RI No. 21 Tahun 2020.
Kajian Yuridis Terhadap Wanprestasi Perjanjian Utang Piutang Achmad Nur Miftahuddin; Kairuddin Karim
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to find out the process of resolving default cases in debt and credit agreements and also to find out the legal considerations of judges in passing decisions on default cases in debt and credit agreements, especially in case Number 6/Pdt.G.S/2019/PN.Pre. This research uses a normative research type supported by statutory and case study approaches. The types and sources of data using primary, secondary, tertiary, and data analysis are studied qualitatively and descriptively. The research results show that in resolving this default case, all stages have been carried out and implemented. In this case, the judge has sought peace between the Plaintiff and the Defendant including advising the parties to make peace outside the court (mediation) this effort was not achieved, and the judge's legal considerations in deciding the case at the District Court of Parepare City Number 6/Pdt. G.S/2019/PN.Pre is correct and correct, in which the Defendants must pay off immediately and unconditionally all of the Defendants' credit arrears as required and agreed in the Defendants' Debt Acknowledgment Letter.
Simplikasi Kedudukan Anak Sumbang Dalam Penerimaan Harta Warisan Menurut Hukum Perdata Ahmad L; Kairuddin Karim; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This research was carried out with the aim of knowing the legal status of a gifted child according to civil law and finding out the inheritance rights of a gifted child according to civil law. The type of method used is normative research. The research results show that the dissenting child cannot be recognized, thus the dissenting child does not have a civil relationship with his mother or father. As well as the inheritance rights of discordant children between Islamic law and the Civil Code have similarities and differences. The similarity is that both of them state that this child is an illegitimate child, so he does not have a family relationship with his father, which results in no mutual inheritance relationship between the two. An incestuous child cannot be assigned to his mother and father which causes the two of them to have no right to inherit each other, while in Islamic law a discordant child, even though this child may not be assigned to his father, this child is still assigned to his mother and the implication is that he can inherit and pass it on to his mother and father. his mother's family.
Kajian Yuridis Terhadap Perjanjian Utang Piutang Tidak Tertulis Muhammad Fikri Ramadhan; Kairuddin Karim; Auliah Ambarwati
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine the legal basis that can bind unwritten debt agreements and to determine the strength of unwritten debt agreements as evidence. This study uses a type of normative legal research with a statutory approach and an analytical approach by examining and analyzing the legal issues being faced. The results of the research show that the legal basis that binds an unwritten debt agreement is contained in article 1313 of the Civil Code which states that an agreement is an act by which one or more parties bind themselves to another or more people. So the unwritten debt agreement must comply with the legal requirements of an agreement by Article 1320 of the Civil Code. And legally valid agreements apply as laws for those who make them, this is by Article 1338 Paragraph (1). For evidence that can be used in the event of a default on one of the parties, that is, you can use evidence of testimony (by bringing in more than one witness) and can be strengthened by electronic mail evidence.
Perlindungan Hukum berupa Pemberian Asuransi kepada Petugas Pemadam Kebakaran yang Mengalami Risiko Kerja di Lapangan Karim, Kairuddin
Amsir Law Journal Vol 1 No 1 (2019): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v1i1.16

Abstract

The implementation of social protection is one of the responsibilities of the state which is adjusted to the state's financial condition. Social protection is called Jamsostek (Labor Social Security). Jamsostek provides an assurance and protection against socio-economic risks, which can arise due to workplace accidents, disability, illness, old age and death. Protection of security for workers in order to concentrate more on increasing motivation and work productivity is the main thing that must be prioritized by employers. The legal basis must provide a sense of justice, certainty, and legal benefit to firefighters who experience work risks in the field.
Perlindungan Hukum Terhadap Pelanggaran Hak Cipta Melalui Internet Asmaul Asmaul; Kairuddin Karim; Lia Trizza Firgita Adhilia
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This research was conducted aiming to find out the forms of copyright infringement that are carried out via the Internet and to find out the government's legal protection for copyright holders of songs on cassettes and compact disks whose copyrights are infringed via the Internet. The type of research used in this research is normative research. The results of the study show that Intellectual Property Rights, especially in the field of Copyright, are recognized by the existence of Law Number 28 of 2014 concerning Copyright which is used as a tool to protect ideas and new works by the Indonesian people. Under the law, copyright falls under Intellectual Property Rights (IPR), including patents, industrial design rights, trademark rights, integrated circuit layout design rights, and trade secret rights. There are several forms of copyright infringement on the internet, including creating websites for famous singers containing their songs, then creating sites containing songs from famous singers, there is also spreading videos of singers by uploading videos of these singers to Youtube sites without the knowledge of the singer or the owner of the singer's record label. As well as copyright protection with the existence of Law Number 28 of 2014 concerning Copyright, it contains a minimum and maximum amount of punishment that can be received by copyright violators, whether in the form of imprisonment or fines.