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Penegakan Hukum Terhadap Tindakan Main Hakim Sendiri: Studi Polres Majene Muhammad Al Habsy Ahmad; Dedi Dedi; Hadriana Hadriana
Indonesian Journal of Criminal Law Vol. 2 No. 2 (2020): Indonesian Journal of Criminal Law
Publisher : ILIN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31960/ijocl.v2i2.533

Penelitian betujuan untuk menganalisi Faktor Penyebab Tindakan Main Hakim Sendiri Yang Terjadi Di Wilayah Polres Majene Upaya Yang Dilakukan Oleh Pihak Kepolisian Dalam Menangani Perkara Tindakan Main Hakim Sendiri Yang Terjadi Di Masyarakat. Metode Penelitian menggunakan penelitian hukum empiris yang berlokasi di wilayah hukum polres Majene. Hasil Penelitian bahwa Tindakan main hakim sendiri (Eigenrichting) ini kemudian dalam tatanan hukum nasional bertentangan dengan asas praduga tidak bersala (presumption of innocence). Jadi seseorang tidak boleh dihukumi bersalah atau tidaknya tanpa melalui suatu proses hukum, sebab ada kemungkinan seseorang tidak bersalah tetapi menjadi korban tindakan main hakim sendiri. Upaya yang dilakukan untuk penegakan hukum tindakan main sendiri oleh kepolisian adalah dengan upaya represif, upaya preventif dan upaya pre-emtif. The The purpose of this study is to analyze the Factors That Cause Acting Against the Judges Who Happened at the Majene Regional Police Station conducted by the Police in Handling Cases of Self-Defense Actions that Happen in the Community. The research method uses empirical legal research located in Majene Regional Police Station. The results of the study that the act of vigilante (Eigenrichting) later in the national legal order is contrary to the principle of presumption of innocence. So a person must not be punished or not without going through legal proceedings, because there is a possibility that someone is innocent but becomes a victim of vigilante justice. The efforts made for the law enforcement action alone by the police are repressive, preventive and pre-emptive.

Efektivitas Pelaksanaan Sistem Peradilan Pidana Anak Muhammad Musnur; Muhammad Al Habsy Ahmad
Indonesian Journal of Criminal Law Vol. 3 No. 1 (2021): Indonesian Journal of Criminal Law
Publisher : ILIN Institute

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The research objective is to analyze the effectiveness of the juvenile justice system in Mamuju district and the factors that influence it. The research method uses legal-empirical research. The results of the research show that the implementation of the juvenile criminal justice system in Mamuju Regency according to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System is still ineffective, the cause is that there is still the implementation of the juvenile criminal justice system from the investigation stage at the police level to the implementation of the criminal process at the level. Correctional Institutions are not implemented according to the order of the law. The effectiveness of the implementation of the juvenile justice system in Mamuju Regency is influenced by the legal factors themselves, the law enforcement factors and the facilities or facilities. Tujuan penelitian menganalisis Efektivitas Pelaksanaan Sistem Peradilan Anak di Kabupaten Mamuju dan faktor-faktor yang mempengaruhinya. Metode penelitian menggunakan penelitian hukun yuridis-empiris. Hasil penelitian bahwa pelaksanaan sistem peradilan pidana anak di Kabupaten Mamuju menurut Undang-undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak masih kurang efektif, penyebabnya adalah masih terdapat pelaksanaan sistem peradilan pidana anak dari tahap penyelidikan di tingkat kepolisian sampai pada pelaksanaan proses pemidanaan di tingkat Lembaga Pemasyarakatan kurang terlaksana sesuai perintah Undang-undang. Efektivitas pelaksanaan sistem peradilan anak di Kabupaten Mamuju dipengaruhi oleh Faktor hukum itu sendiri, Faktor Penegak hukum dan Faktor Sarana atau Fasilitas.

Analisis Terhadap Pelaksanaan Izin Lingkungan Reklamasi Pantai Manakkara Mamuju Muhammad Al Habsy Ahmad; Ina Marselina
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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Reclamation is a form of human intervention in the balance of the natural environment which is always in a state of dynamic balance. This change gives birth to ecosystem changes such as changes in current patterns, erosion and coastal sedimentation which have the potential to increase the risk of flooding. This study aimed to obtain an overview of the procedure for issuing an environmental permit for the reclamation of the Manakarra Mamuju beach and the mechanism for implementing the environmental permit for reclamation in the coastal area of Manakarra Mamuju according to Law Number 32 of 2009 concerning Environmental Protection and Management. This research was conducted in Mamuju Regency. The data collection method used is the library method, and the interview method then the data obtained is analyzed qualitatively and then presented in a descriptive normative manner, namely explaining, describing, and drawing conclusions on the problem. Based on the results of the study it was found that 1. The issuance of the environmental permit for the reclamation of the Manakarra Mamuju beach was not in accordance with Law no. 32 of 2009 concerning Environmental Protection and Management (PPLH). 2. The implementation of the environmental permit for reclamation in the coastal area of Manakarra Mamuju, is not and/or has not been effective as stipulated in the laws and regulations.

Kajian Yuridis Penegakan Hukum Terhadap Tindak Pidana Kekerasan Dalam Rumah Tangga Fiyan Fadlyawan; Muhammad Al Habsy Ahmad
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 research aims to examine and analyze the effectiveness of law enforcement against criminal acts of domestic violence and the factors that become obstacles to law enforcement against criminal acts of domestic violence. The method used in the research is a juridical and sociological approach. The results of the research show that in this study criminal law enforcement regarding domestic violence was less effective due to the existence of several conflicting laws and regulations governing domestic violence such as Criminal Code Law Number 39 of 1999 and Law number 23 of 2004. In connection with several of the cases presented, it can be stated that the law regarding the eradication of domestic violence has only just begun to be socialized and handled well, so that the perpetrators have begun to receive appropriate punishment and the victims receive legal protection and a sense of security. as citizens and as members of society, as well as the existence of law enforcers who are not yet professional in dealing with criminal acts of domestic violence and also the public's legal awareness is still lacking, because there is still an assumption that women are under the auspices of men

Kajian Yuridis Pelaksanaan Adat Seda pada Kasus Kawin Lari Maulida Fitriya Auliyah; Muhammad Al Habsy Ahmad
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 research aims to determine the implementation of the 'Seda' custom in cases of elopement/silariang in Bonehau sub-district, Mamuju Regency? And the aim is to find out whether the 'Seda' custom in cases of elopement/silariang in Bonehau subdistrict, Mamuju district, can be qualified as a customary offense? This research uses Normative legal research methods to outline the legal implications. The results of the research show that the implementation of the Seda custom is still recognized by the community in Mamuju Regency, especially in Bonehau District. Seda custom is one manifestation of customary criminal law. The Seda custom is implemented because the families of those who elope (silariang) consider their actions to be shameful (mepakasiri'). So to restore self-respect or family dignity in community life, the Seda custom is carried out. And Seda's form of punishment is in the form of physical and non-physical gifts. non-physical, for example, humiliation, being expelled from the village, and being ostracized from society, especially their families. Meanwhile, physical, for example, light abuse, serious abuse and even murder if the violation is very serious. In practice, the Seda custom is carried out in groups (Seda), with the rule that those who are allowed to perform Seda are people.

Perlindungan Hak Kekayaan Intelektual Tentang Merek Dewi Wulandari; Muhammad Al Habsy Ahmad
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 research aims to find out how public legal awareness is regarding the protection of intellectual property rights regarding brands in West Sulawesi and what factors influence the low level of public legal awareness regarding the importance of protecting brand rights in West Sulawesi. The research used was empirical, conducted at the regional office of the Ministry of Law and Human Rights. The results of this research indicate that public legal awareness regarding the protection of intellectual property rights regarding brands in West Sulawesi based on data obtained from the regional office of the Ministry of Law and Human Rights, as well as interviews conducted with staff in the intellectual property sub-sector, is considered to be still low due to the large number of goods/services being produced. have not registered in intellectual property and the factors that influence the low level of trademark registration are caused by legal factors, legal means and facilities, community factors and cultural factors.

Kedudukan Hukum Yayasan Panti Asuhan sebagai Wali Atas Anak-Anak Panti Asuhan Muhammad Al Habsy Ahmad
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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The purpose of this study was to determine the validity of the orphanage foundation in acting as the guardian of the orphanage children. And to know the legal responsibility of the orphanage foundation as the guardian of the orphanage children. The research was conducted in the Mamuju City area with the consideration that the object of the problem discussed was located in Mamuju. The selection of this location is also due to the consideration that this location can provide the data that the author needs in discussing problems related to the writing of this thesis. This research uses a qualitative method which is then presented descriptively, namely by describing, describing, and explaining things that are in accordance with the problems that are closely related to this research. Orphanage foundations as guardians depend on the court's decision to appoint them as guardians. The appointment of the orphanage foundation as the guardian must be determined by the judge of the local Religious Court in accordance with the position of the orphanage foundation. Then the legal responsibility of the orphanage foundation as a guardian is the same as other guardians that have been regulated in the legislation, where each guardian must carry out the maintenance and education of the child's personality and manage his assets, and must represent him in carrying out legal actions. However, the provisions regarding this responsibility are not carried out by the orphanage foundation because the position of the orphanage foundation in carrying out childcare activities is only as a social institution that carries out its function as a social service institution for children who do not get good care in their family and the foundation is not as guardians of the children entrusted to the foundation. So to find out the responsibility of the foundation as a social institution can be seen in the provisions of the foundation law and the household articles of association of the foundation's establishment.

Juridical Analysis of Portrait Publication Without The Permission of The Creator because of Law Number 28 of 2014 Concerning Copyright Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir 2022: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This Research aimed to determine how I protect the law against the victim of I-portrait publication without the permission of the Author I reviewed I of Law No. Ihak Icopy. The research method used in this Research is the type of normative juridical Research. The results of this study showed that: There are two types of protection, preventive and repressive protection. Preventive protection is aimed at preventing copyright infringement on photography. Repressive protection is aimed at resolving copyright infringements on portraits. Meanwhile, attempts at settlement in the event of a dispute between the Photographer and the person being photographed can be carried out in two ways: by filing a lawsuit against I-Commerce Court or arbitration. Submission of a case in the Commercial Court is carried out if the Photographer does not ask for permission in advance from the person who becomes the object of the portrait. As for the suggestions that the Author gives in this matter, they are: (1) the government must provide strict sanctions to the copyright violators of the photographs of those who use the pictures of other persons for promotion, because of the preventive protection of copyrights for portraits, photographers rarely do this in publishing the results of their works. His portrait. (2) Photographers are advised to only use or publish the portraits of other people for promotion easily after getting the approval of them or their heirs. (3) The government should provide socialization to the public that photographers use their portraits or their portraits for commercial performances that have received the protection of those regulated by them in Law No. 128 of 12014 on copyright.

Analisis Yuridis Kepemilikan Ex Tanah Adat Pada Masyarakat Pamboang Muhammad Al Habsy Ahmad; Dewi Wulandari
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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The aims of this research were to find out the process of acquiring individual rights in the Pamboang community to become individual ownership rights and to understand the handling of obstacles faced in obtaining legal certainty regarding individual ownership rights over customary land in the Pamboang community, Majene Regency. This research was an empirical normative study. The data collection method in this research were primer data and seconder. The result of this research was the process of obtaining rights over customary land and converting it into individual ownership in the Pamboang community, Majene Regency, involves three stages. In order to be recognized as ownership rights over land, it must meet certain requirements or essential elements contained within the concept of ownership itself, such as the elements of hereditary, strongest, and fulfilled, as well as other elements like social function. In order to obtain evidence of ownership rights over land in the form of a land certificate, the land must be registered with the National Land Agency.

Kajian Yuridis Pelaksanaan Sidang Elektronik di Masa Pandemic Covid-19 Ditinjau dari Perspektif Peraturan Mahkamah Agung Dedi Dedi; Muhammad Al Habsy Ahmad
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 research aims to determine the mechanism of trials carried out using an electronic system based on what is regulated in Supreme Court Regulation Number. 4 of 2020 concerning Administration and Electronic Criminal Trials and determine the fulfillment of the defendant's rights in trials conducted electronically. This research uses normative research methods, which is research in the form of research on legal materials in the form of specific legislation or written laws. An electronic trial is a series of processes of examining, adjudicating, and deciding a defendant's case by a court which is carried out with the support of information and communication technology, audiovisual and other electronic means as stated in Article 1 point 12 of Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Court Electronically. In practice, electronic trials are the same as face-to-face trials which were previously often held, the difference being that the defendant did not take part in the trial in the courtroom, but rather the defendant took part in the problem via video teleconference call in the detention center where the defendant was detained. With the implementation of the electronic trial system, the defendant's rights are reduced in the electronic trial process which were previously regulated and guaranteed in the Criminal Code (KUHAP).

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