Ilham Abbas
Fakultas Hukum Universitas Muslim Indonesia

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Journal : Qawanin Jurnal Ilmu Hukum

PERLINDUNGAN HUKUM HAK ATAS TANAH DALAM PENAMBANGAN BATU GAMPING DAN DAMPAKNYA TERHADAP KELESTARIAN LINGKUNGAN (Study Kasus di Desa Gundu-Gundu, Kec.Mawasangka Tengah, Kab.Buton Tengah) Dewi Yuliang; Ilham Abbas; Anggreany Arief
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

This study uses a research method, with the type of empirical research. The types and sources of data used in this study are primary data and secondary data. To get the required data, the researcher collected data through three collection methods, namely interviews, observation, and documentation. And the data obtained both primary and secondary legal materials were analyzed qualitatively and then presented descriptively. The results of this study indicate that land is part of the Earth's surface which contains natural resources that must be utilized and must also be protected. In its utilization, especially business actors and the community always prioritize concern for the land and its wealth so that not only can the benefits be taken, but also can protect and pay attention to the preservation of the environment.
PENERAPAN PRINSIP KEHATI-HATIAN DALAM PEMBERIAN KREDIT KONSUMTIF PADA PT. ADIRA DINAMIKA MULTI FINANCE CABANG MAKASSAR Fathiyah Thufailah Muhammad Nur; Ilham Abbas; Sahban
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

. This study aims to realize the principle of prudence for prospective borrowers in order to minimize bad credit at PT. Adira Dinamika Multi Finance Makassar Branch and see the steps taken by PT. Adira Dinamika Multi Finance Makassar Branch has bad debts by debtors. This study uses empirical research methods. The research location was carried out at PT. Adira Dinamika Multi Finance Makassar branch. Types and sources of data used are primary data and secondary data. Data study techniques, library research (library research) and field research (field research). Data analysis, namely data obtained, either primary data or secondary data, will then be processed and analyzed to produce, then presented descriptively. The result of this research is PT. Adira Dinamika Multi Finance Makassar branch in applying the principle of prudence is to use a feasibility analysis, namely character, capacity, capital, collateral, and economic conditions (5C). Then the steps achieved by PT. Adira Dinamika Multi Finance Makassar branch in bad credit through rescheduling, reconditioning and collateral execution stages.
TINJAUAN HUKUM PERJANJIAN KREDIT DALAM PENYELESAIAN SENGKETA (Studi Pada Kantor BRI Kanwil Makassar) Maulida Nur Islami; Ilham Abbas; Anmad Fadil
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

Research Objectives To determine the provision of credit in the housing loan agreement (KPR) at the BRI Regional Office of Makassar and to find out the Settlement of Disputes for Bad Loans in the Home Ownership Credit Agreement (KPR) through Litigation and Non-Litigation. This research is an empirical research or field research conducted in Makassar City, precisely at the Central BRI Bank Makassar the authors chose the research location with the consideration that the research location is relevant to the problem under study.The results of this study describe the mechanism for granting credit in the Home Ownership Credit Agreement (KPR) at BRI Regional Office Makassar as follows, the customer comes to the bank, the introduction of the product by the bank, the customer comes back with a file of requirements for applying for mortgage loans, interviews, BI Checking, OTS 1 (on the spot), DUP (List of Proposed Applicants), KPK (Credit Approval Commission), SP3K (Letter of Confirmation of Approval for Credit Provision), prospective debtors are waiting for the house to be purchased first, the bank will make an estimate regarding the loan amount given to prospective debtors, Signing the agreement in front of a notary (Akad), as well as litigation and non-litigation settlement processes. As a suggestion, the parties should be able to follow the rules that have been set by the bank from the beginning of the credit application until the credit is completed properly so that bad credit does not occur. This has a good impact on the parties themselves because if it is followed properly, the circulation of money will be smooth. In applying for credit, the debtor should also be self-introspective, meaning that the credit that the debtor wants to take must be in accordance with his income and expenses so that he can pay credit regularly and not be in deficit.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PELECEHAN SEKSUAL Musdalifa SamSam; Ilham Abbas; Baharuddin Badaru
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

The research aims to examine and protect the law against children as a criminal act that commits a criminal act in the implementation of legal protection against child victims of criminal acts of sexual abuse. This research uses sociological or empirical research methods, data obtained from document studies and interviews with interested parties in the Makassar City Police and Makassar District Court, then a qualitative analysis is carried out. The results of this investigation show that legal protection for children as victims of criminal acts of sexual harassment in law enforcement practices by the Makassar City Police is a protection in the investigation process. Meanwhile, the legal protection by the Makassar District Court is in court prose. Obstacles in the implementation of legal protection against children as a criminal offense, namely, starting from the statement of the victim as a victim of sexual harassment, the law itself in this case regarding the law on child protection, as well as being technically obedient at the time of carrying out an investigation, in this case the process. the evidence. The recommendation of this research should be that the accountability of parents, family, and state government is a series of activities carried out continuously, integrated and coordinated by authorized institutions in an effort to fulfill the rights of children, especially children victims of sexual violence in order to protect children's rights. It is hoped that the law on child protection needs an amendment that is tailored to the existing legal needs.The research aims to examine and protect the law against children as a criminal act that commits a criminal act in the implementation of legal protection against child victims of criminal acts of sexual abuse. This research uses sociological or empirical research methods, data obtained from document studies and interviews with interested parties in the Makassar City Police and Makassar District Court, then a qualitative analysis is carried out. The results of this investigation show that legal protection for children as victims of criminal acts of sexual harassment in law enforcement practices by the Makassar City Police is a protection in the investigation process. Meanwhile, the legal protection by the Makassar District Court is in court prose. Obstacles in the implementation of legal protection against children as a criminal offense, namely, starting from the statement of the victim as a victim of sexual harassment, the law itself in this case regarding the law on child protection, as well as being technically obedient at the time of carrying out an investigation, in this case the process. the evidence. The recommendation of this research should be that the accountability of parents, family, and state government is a series of activities carried out continuously, integrated and coordinated by authorized institutions in an effort to fulfill the rights of children, especially children victims of sexual violence in order to protect children's rights. It is hoped that the law on child protection needs an amendment that is tailored to the existing legal needs.
ANALISIS YURIDIS KEWENANGAN PENYIDIK PEJABAT PEGAWAI NEGERI SIPIL BEA CUKAI DAN PENYIDIK POLRI DALAM TINDAK PIDANA PENYELUNDUPAN NARKOTIKA Adelia Apriyanti; Ilham Abbas; Baharuddin Badaru
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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The research aims to: 1) Know the role of civilian state officials as investigators in the crime of narcotics smuggling in the border areas of the Republic of Indonesia and Papua New Guinea, and 2) Know the obstacles for investigators of civilian officials in the implementation of countermeasures for narcotics smuggling in the border areas of the Republic of Indonesia. and Papua New Guinew. This research qualifies into the type of sociological or empirical legal research, namely legal research using secondary data as initial data, which is then followed by primary data in the form of data obtained from interviews in this case Civil Servant Investigators from the Customs and Excise Office and the City Police. Jayapura Papua, then a qualitative analysis was carried out. The results of this study indicate: The role of the Customs and Excise Civil Servant Investigators in handling the criminal act of smuggling narcotics in the type of marijuana in the border area of ​​the Republic of Indonesia with Papua New Guinew, has been carried out well, as evidenced by the number of cases of drug smuggling that have been arrested. Factors that hinder investigators of Customs and Excise Civil Servants in dealing with the criminal act of smuggling of Cannabis Narcotics in the Border Area of ​​the Republic of Indonesia and Papua New Guinea are due to the large area and lack of Civil Servant Investigators, there is no understanding with law enforcement agencies. other, as well as the lack of adequate facilities and infrastructure. Recommendations for this research: In the future it is necessary to carry out cross-agency and cross-country cooperation in the form of information exchange, technical assistance, namely: technology-tools, experts, training and joint operation activities, and it is hoped that the Directorate General of Customs and Excise will further tighten supervision, improve intensity of patrols, implementing Customs and Excise administration provisions consistently because drug smuggling cases are very detrimental.
TINJAUAN YURIDIS TENTANG PELAYANAN ADMINISTRASI DALAM MEWUJUDKAN TERTIB PERTAHANAN DI KANTOR PERTAHANAN KABUPATEN MAROS Fadillah Hawalia Hamzah; Ilham Abbas; Anggreany Arief
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study aims to determine and analyse forms administrative services and realizing an orderly administrative law and affairs in the Marcs District Land Office and its factors become an obstacle in realizing an orderly land law in the office Maros Regency Land. This research was conducted by taking data from the office land of Maros Regency. Conducting interviews with employees land office and also residents of communities related to Land administration service or research is expected to be provide input fot the parties who are responsible for it Land Administration services. This research can be concluded that the implementation of service land administration in the Office in order to create order the law of Maros Fistrict shows that there is a problem with processing time that is not in accordance eith existing regulations, namely there is a delay in completing the Certificate. And the factors that are become an obstacle in realizing an orderly lan law in the office Maros Regence’s land is domething people want to submitted a request for issuance of the file rights certificate has not complete and the right applicant could not be contacted or the applicant and suggested to the Maros Regency Government, government officials at The Maros Regency Land Office was given the oppoetunity to Participate education and training, both technical and non-technical with hope, the creation of a skilled and friendly workforce.
ANALISIS PERAN JAKSA SEBAGAI PENGACARA NEGARA DALAM PERKARA PERDATA TERKAIT UPAYA PEMULIHAN DANnPENYELAMATAN KEKAYAAN NEGARA (Studi Kasus Terkait Pulau Khayangan) Dian Islamiati; Ilham Abbas; Agussalim A. Gadjong
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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The results of this study indicate that the RI Attorney General's Office is a government apparatus in the field of law enforcement who does not only carry out criminal duties, but is also charged with other duties in the civil sector and TUN as State Attorney Attorney as stated in Law Number 16 of 2004 concerning RI Attorney Article 30 paragraph 2. The Attorney General's Office as State Attorney Attorney can act inside or outside the court for and or the name of the government to provide legal assistance, law enforcement, legal considerations and other legal actions. However, this role has not been widely used by local governments. This research discusses how the role of the prosecutor as state lawyer in the efforts to restore and save the country's wealth and what efforts the prosecutor as the state attorney has made in restoring and saving state assets related to the island of heaven. The method used in this paper is normative legal research using statutory approaches, conceptual approaches and historical approaches. The legal materials used are primary legal materials and secondary legal materials, then the data processing techniques use qualitative processing techniques. The results showed that the role of the prosecutor as state lawyer in the efforts to restore and save state assets related to the island of Khayangan shows very satisfying results. However, the role of prosecutors as state lawyers to represent local government agencies is still minimal and not all of the functions of state attorneys are used by stakeholders. As for the efforts made by the State Attorney in the recovery and rescue related to the island of Khayangan, namely by using a persuasive approach, where the state attorney as the mediator in the mediation process uses a persuasive approach. Then the state attorney's attorney suggested to resolve the dispute over the management of this island in non litigation.
ANALISIS SENGKETA KEPEMILIKAN HAK ATAS TANAH WARISAN (Studi Kasus Pengadilan Agama Kelas 1A Makassar) Delia Rainy; Ilham Abbas; Ahmad Fadil
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study aims to determine the causes of inherited land disputes regarding the Decision of the Religious Court Number 1544/Pdt.G/2020/PA.Mks and knowing legal considerations in rendering decisions by the Makassar Religious Court Judge This study uses empirical research methods. The research location was carried out in the city of Makassar, especially in the Class 1A Makassar Religious Court. Data collection techniques, library research and field research Data analysis, namely data that has been obtained, both primary and secondary data, will then be processed and analyzed to produce conclusions. The results of research on the Decision of the Makassar Religious Court Number 1544/Pdt.G/2020/PA.Mks that is, there is control over the entire inheritance of the former husband of the heir without giving it to other heirs who are also entitled to obtain the inheritance. Judges considerations in giving a decision based on the law and verses of the Qur'an relating to inheritance cases. The research recommendation is that the Class 1A Makassar Religious Court in handling inheritance cases carries out procedures in accordance with applicable regulations.
TINJAUAN YURIDIS TENTANG PELAKSANAAN PERJANJIAN KREDIT SIMPAN PINJAM KOPERASI BERDASARKAN KITAB UNDANG-UNDANG HUKUM PERDATA Ahmad Shubhan Rafie; Ilham Abbas; Muryani Sufran
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study aims to determine the implementation of credit agreements on savings and loans at cooperatives based on the Civil Code. As well as to find out obstacles in the process of credit agreement for savings and loans at the Mallomo Jaya Abadi Cooperative in Makassar City. This study uses an empirical legal research method, namely legal research that focuses on research on legal realities in society. The results of this study indicate that the implementation of the agreement between parties is very easy. Cooperative members only submit guarantees in accordance with the goods that have been determined by the Savings and Loan Cooperative (KSP). Inhibiting factors in the process of credit agreements for savings and loans at the Mallomo Jaya Abadi Cooperative in Makassar City are due to profession and default. In resolving a dispute if a member of the Cooperative fails, the management of the Mallomo Jaya Abadi Cooperative will go to the member of the cooperative and ask the problem why the cooperative member cannot pay his loan. The recommendation of this research is that the Mallomo Jaya Abadi Cooperative should take into account the value of the guarantee more carefully so that if the members of the Cooperative make arrears for a long time, the guarantee value can still cover the principal debt and costs for the delay and it is expected that the Mallomo Jaya Cooperative The perpetrator must be more assertive in implementing the contents of the agreement and taking action against cooperative members who violate the agreement according to the law, namely gradually giving a warning in accordance with the agreement, both an oral warning and a written warning.
Analisis Hukum Terhadap Pemalsuan Dokumen Pernikahan Anak Di Bawah Umur Atria Wati Ningsih; Ilham Abbas; Abdul Agis
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study used a qualitative descriptive research method. The research location was in Bonto Mate’ne Village, Marusu District, Maros Regency. The type of research carried out is first, to find data by reading and examining written sources that are used as material in supporting the preparation and discussion of the writing. Second, field research (field research) is carried out through interviews, and collecting related documents. The results of this study indicate the number of data on the number of early marriages that occurred in Bonto Mate’ne Villages from 2017-2020 as many as 202 people and the factors behind the falsification of child marriage documents in the form of internal factors and external factors as well as how government efforts to prevent and reduce the occurrence of falsification of child marriage documents.
Co-Authors A. Anugrah Sakti A. Rahmi Ainun Kirana Aan Aswari Abdul Agis Abdul Halim Adelia Apriyanti Agussalim Agussalim Ahmad Fadil Ahmad Shubhan Rafie Ahmad Taufiq Akil Ahyuni Yunus Andi Arya Putra Pratama Andi Fadly Ichdar Andi Muhammad Al Ilham Akbar Johamran P Andi Mulawarman Andi Risma Andi Risma Andi Tenri Nurul Novika Andi Winda Kurnia Taqwa Anggreany Arief Anmad Fadil Anzar Anzar Ariya Satria Asrul Hidayat Atria Wati Ningsih Baharuddin Badaru Baharuddin Badaru Buyung Ferdiansyah Dachran S. Busthami Dachran S. Busthami Delia Rainy Dewi Yuliang Dian Islamiati Diana Amir Dinda Ammallya Fadillah Hawalia Hamzah Fathiyah Thufailah Muhammad Nur Feby Annisa Hambali Thalib Hamza Baharuddin Hardianto Djanggih Hardianto Djanggih Hardianto Djanggih Hasrul Hasrul herlina herlina Iin Arianti Nurdin Khairun Nisa Khofifah Anri Kiki Resky Amelia M Ayyub Khan La Ode Husen Laode Husain Lestarina Alfianika Saipe M.Y. Khaerul Umam Ma'ruf Hafidz Marten Bunga Maulida Nur Islami Muh Gazali Yusuf Muh. Ricky Subarkah Muh. Zulkifli Muhdar Muhaimin Marsono Muhammad Affan Muhammad Rustan Muhammad Syukur Mulky Asrory Ilyas Mulyati Pawennei Mulyati Pawennei Muryani Sufran Musdalifa SamSam Nugroho Hasan Putera Nurantiana Nurantiana Nurbaya Manggata Nurson Petta Puji Nurul Fadila Anugrah Nurul Fuadi Yunus Rahmad Sugiarto Ranti Ranti Raodatul Jannah Rasdiyanah Rasdiyanah Resa Wira Nata Reski Apriliani Idris Rizky Amelia Rudi Yunus Sahban Said Sampara Salle Salle Salmawati Salmawati Sarifa Nabila Sholihin Halafah Sigit Prasetya St. Ulfah Sufirman Rahman Sufirman Rahman Sulaeman Abu Syahruddin Nawi Syamsul Alam Wendy Amelia Triani Winda Anugrah Resky Yudha Kuswara Zainuddin