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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Litigasi Amsir
Aksah Kasim
Faculty Of Law, Faculty Of Law, Andi Sapada Institute Of Social And Business Sciences
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Hak Asuh Anak Akibat Cerai Hidup Andi Arizal Sastra Tjandi; Aksah Kasim; Andi Heridah
Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Child care is basically the responsibility of both parents. This includes various things: economic problems, education and everything that becomes the basic needs of children. The method used is juridical normative research. The results showed the position of custody of children after the divorce lived in the Parepare Religious Court, namely divorced parents remain obliged to care for, protect, and finance the child until the child is an adult. And the judge's consideration in granting child custody in the Parepare Religious Court is based on Law No. 1 of 1974 on Marriage and compilation of Islamic law and also considers the ability of parents in caring for and child care and considering various factors for the best interests of the child.
Bentuk Pelibatan Masyarakat Dalam Melakukan Pengawasan Terhadap Pelaksanaan Pemilihan Bupati dan Wakil Bupati Aksah Kasim; Andi Heridah
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Analyze and look for forms of community participation in effective supervision of the Election of Regents and Deputy Regents. The research method used is normative legal research. The results showed that the form of community involvement in supervising the Election of Regents and Deputy Regents, including the indicators for Monitoring the Permanent Voter List (DPT) in the Election of Regents and Deputy Regents of Barru Regency was considered effective, because the dominant respondents who stated that they were very effective and effective were 53 respondents (70.67 %), then who stated that it was less effective and ineffective only 22 respondents (29.33%), the indicator of understanding political education was considered ineffective, because only 23 respondents (30.67%), who stated very effective and stated effective, while 52 respondents stated that it had not been effective and ineffective, and the Ambassador Monitoring Indicator had not been implemented properly and effectively by the Supervisory Committee for the Election of the Regent and Deputy Regent of Barru Regency, because there were still more dominant respondents who stated that it was less effective and ineffective. as many as 46 respondents (61.33%), while only 29 respondents (38.67%), and the K . Indicator The cooperation between supervisors and monitors in the election of the Regent and Deputy Regent of Barru Regency is also considered ineffective, because as many as 41 respondents (54.67%) stated that it was not effective and ineffective, while only 34 respondents stated that it was very effective and effective (45.33%).
Proses Penerbitan Sertifikat Hak Atas Tanah Melalui Konversi Pada Kantor Pertanahan Andi Heridah; Aksah Kasim
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the process of issuing land rights certificates through conversion at the Land Office in Parepare City. This study uses a normative juridical approach. A juridical approach is used to analyze various principles and theories related to the problems studied. The results showed that the implementation of the issuance of land rights certificates through the conversion process still refers to Government Regulation no. 24 of 1997 so in the process of issuing land rights certificates through the conversion process at the Parepare City Land Office, there was also no change. The factors that hinder the process of issuing land rights certificates through conversion are the level of community knowledge is still low; lack of technical implementing personnel; lack of facilities and infrastructure, and incomplete administration of requirements for certificate makers.
Analisis Komparatif Tindak Pidana Penipuan Dalam KUHP Kolonial dan KUHP Nasional Delvi Paluaran; Sunardi Purwanda; Aksah Kasim; Jumardin Jumardin
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

The crime of fraud is a crime whose object is property. In the old colonial Criminal Code (a term for colonial products), this crime was regulated in Chapter XXV, ranging from Article 378 to Article 395, termed as "fraudulent act" or bedrog. After the new national Criminal Code (a term for indigenous products) was passed into Law Number 1 Year 2023 on the Criminal Code, does it still have similarities with the crime of fraud known in the Colonial Criminal Code? How is the difference between the two arrangements? The purpose of this study is to determine the difference in substance of the elements of the crime of fraud in the Colonial Criminal Code and the National Criminal Code, and also to determine the substance of the difference in sanctions between the crime of fraud in the Colonial Criminal Code and the National Criminal Code. This research uses normative legal research with a statutory approach and a comparative approach. Types and sources of legal materials using primary legal materials and secondary legal materials and tertiary legal materials. The results show that the difference in substance in the subjective elements is found with the presence of different terms between the phrase "whoever" and the phrase "every person". Likewise with the objective elements, namely "false dignity" and "false position", "series of lies" and "false words" and the addition in the National Criminal Code of "acknowledgment of debt". The substance of the difference in sanctions between the crime of fraud in the Colonial Criminal Code and the National Criminal Code is the focus on imprisonment for the Colonial Criminal Code while for the New Criminal Code in addition to imprisonment there is also a fine with the form of Category V fines.
Kesalahpahaman Euthanasia Dalam Perspektif Human Rights dan Hukum Islam Muhammad Andri Alvian; Aksah Kasim; Johamran Pransisto
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

Euthanasia is a new breakthrough that has its own existence in the world of medicine. Euthanasia is meant to be the act of deliberately eliminating human life to end the suffering it experiences. This paper aims to provide an overview of euthanasia and describe misconceptions in euthanasia practice. The method used in this study is literature research, the main focus of this research is on normative approaches including Islamic law, as well as using secondary data from literature containing information about euthanasia itself. The results of this study show that there is a misunderstanding in the practice of euthanasia, starting from the concept of human rights that does not accommodate the right to die as contained in article 28I paragraph (1) of the 1945 NRI Constitution, the prohibition of killing intentionally or unintentionally in the Criminal Code and the code of ethics which is oriented towards the obligation of a doctor to protect the life of a patient. In addition, judging from Islamic law, eliminating life by euthanasia is a suicide attempt that is not justified in Islamic law, let alone containing a very complex hypocrisy.
Kedudukan Saksi Dalam Pembuatan Akta Notaris Muhammad Resky Dirgananda; Suardi Suardi; Muh. Akbar Fhad Syahril; Aksah Kasim
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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Abstract

This research was carried out aiming to find out the position and responsibilities of witnesses in making notarial deeds according to UUJN. As well as to find out the legal consequences that may arise if the witness does not maintain the confidentiality of the contents of the Notary Deed. The type of research used in this research is normative research. The results of the study show the position and responsibilities of witnesses in making notarial deeds according to UUJN. Namely the Legitimacy of an Authentic Deed through Formal Requirements, The position of a witness for a Notary deed is of course different from the position of a witness in general who is a witness who hears and/or sees an event that has occurred. civil liability, because this is in accordance with the elements in Article 1365 of the Indonesian Civil Code, with liability that obliges to compensate for losses suffered by one or several parties who feel aggrieved by the act. As well as the consequences for the witness if they do not maintain the confidentiality of the contents of the Notary Deed. According to the author, according to the author, the provisions regarding the obligation of witnesses to keep secret the contents of notarial deeds have added several paragraphs in Article 40 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. Article 170 paragraph (1) states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from the obligation to provide testimony as witnesses, namely regarding matters entrusted to them.
Kajian Yuridis Terhadap Pembagian Harta Warisan Pada Perkawinan Beda Agama Vaengky Azmur; Aksah Kasim; Andi Heridah
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and understand the status of interfaith marriages by comparing Civil Law and Islamic Law. And also to find out the division of inheritance in interfaith marriages according to Civil Law and Islamic Law. This research uses a type of normative research supported by a case study approach (case approach), and an analytical approach (Analytical Approach). The results of the study show that the status of interfaith marriages is invalid from the point of view of civil law and Islamic law. The researchers also show that the method of dividing inheritance in interfaith marriages is seen from the perspective of civil law and Islamic law, in Islamic law inheritance is not given to people who are not Muslims because of a barrier to inheritance, namely religious differences. whereas in Civil Law the distribution of inheritance can be given to someone regardless of religious differences.
Dilema Kepemilikan Sertipikat Ganda: Kasus Kontroversial Obyek Tanah Rusman Rusman; Aksah Kasim; Andi Heridah; Johamran Pransisto
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 aimed to identify the causes of dual land certificate ownership and explore solutions to this issue, utilizing a normative-empirical research approach. The findings indicate that dual certificates often result from landowners' negligence in managing their property, leading to unauthorized takeover by others. Additionally, flaws in the National Land Agency's system, lack of a comprehensive land database, and inaccurate or missing local government records contribute to the problem. Solutions include direct negotiation or mediation between parties, with the option of legal action through the State Administrative Court if unresolved.
Kajian Yuridis Perlindungan Hukum Terhadap Konsumen Akibat Perbedaan Harga Yang Pada Rak dan Kasir Gustiawan K; Siti Muslimah Suciati; Aksah Kasim; Andi Heridah
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research is expected to be used as a reference in solving problems related to price differences on shelves and cashiers towards consumers and how Alfamart is responsible for the problems of price differences that exist on shelves and cash registers experienced by consumers. This research uses a normative-empirical research type with a statute approach and a social approach. The results of the study show that consumers can exercise their rights to hold Alfamart accountable due to differences in price tags on shelves and cash registers and Alfamart must be responsible by compensating for losses according to the price that must be paid by consumers and be more careful when replacing old price tags with the newest price tags on shelves so that consumers don't get confused.
Peran Locus dan Tempus Delicti dalam Menentukan Kompetensi Pengadilan pada Kasus Kejahatan Siber Herman Balla; Jumardin Jumardin; Aksah Kasim; Abraham Kala Pappa
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the determination of locus and tempus delicti in cybercrime cases and their influence on court competence and law enforcement effectiveness. The research method used is normative research with a legislative approach. The results of the study show that the determination of locus and tempus delicti in cybercrime becomes complex because these crimes can be carried out from various different locations and at times that are difficult to determine with certainty. Several theories can be used to determine locus delicti, such as the theory of material action, the theory of tools used, and the theory of effect. Tempus delicti can be determined by looking at file logs or activity logs in the computer system. The determination of locus and tempus delicti greatly affects the competence of the court and the validity or not of the indictment. Further research, comprehensive policy development, international cooperation, and criminal law updates relevant to technological developments are needed to address these challenges and ensure effective and fair law enforcement against cybercrime.
Co-Authors Abraham Kala Pappa Andi Arizal Sastra Tjandi Andi Heridah Danial Danial Delvi Paluaran Didik Suhariyanto Erman I. Rahim Gustiawan K Herman Balla Johamran Pransisto Jumardin Jumardin Jumardin Jumardin Muh. Akbar Fhad Syahril Muhammad Andri Alvian Muhammad Resky Dirgananda Rusman Rusman Siti Muslimah Suciati Suardi Suardi Sunardi Purwanda Vaengky Azmur Wahyu Ramdhani