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All Journal SIGn Jurnal Hukum AL-Ishlah : Jurnal Ilmiah Hukum
Abd. Kahar Muzakkir
Universitas Sawerigading Makassar
Law, Crime, Criminology & Criminal Justice

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Adat sebagai Konsep Kunci dan Siri’ sebagai Konsep Inti Budaya Ugi-Mangkasara Farah Syah Rezah; Abd. Kahar Muzakkir
SIGn Jurnal Hukum Vol 3 No 1: April - September 2021
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v3i1.123

Abstract

This study aims to understand custom as a key concept and siri’ as the core concept of Ugi-Mangkasara Culture based on a legal anthropological perspective. This study uses a normative approach that focuses on tracing the history of customary law related to the object of the problem. The object of study in this research is documents and manuscripts about Ugi-Mangkasara culture. The analysis used is a qualitative analysis based on the perspective of legal anthropology, so that the object of study can be interpreted and described in a narrative form. The study results show that custom as a key concept and siri’ as the core concept of Ugi-Mangkasara culture is a product of the culture of the Ugi-Mangkasara human child, which is full of values from various dimensions as the identity of the Ugi-Mangkasara human child. For Ugi-Mangkasara human children, respecting customs is a social obligation of the culture owner. Enforcing siri’ is respect for self-respect and human dignity. The values contained in the Ugi-Mangkasara culture can be used as a spirit for human children who own the culture in particular and in general for Indonesian children as part of the Ugi-Mangkasara tribe.
Status dan Kedudukan SHM Satuan Rumah Susun Pasca Kebakaran: Pusat Perbelanjaan Makassar Mall M. Ridjal Adelansyah Syam; Abd. Kahar Muzakkir
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.218

Abstract

This study will examine and analyze the status and position of the SHM of Condominium Units in the building Blok-A of Makassar Mall after a fire. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively. The results show that the SHM of Condominium Units in building Blok-A of Makassar Mall is still in the status quo. Meanwhile, the fire phenomenon and implementation of the construction of the new building Blok-A of Makassar Mall cannot be qualified as a requirement for the removal of the SHM of Condominium Units. In this case, implementing that construction is a form of PT. MTIR’s obligation to the Makassar Municipal Government based on the agreement held under the BOT system. In contrast, PT. MTIR made efforts to usurp the rights owned by traders as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall. Therefore, it is recommended that the Makassar Municipal Government re-evaluate the involvement of PT. MTIR as the Holder of the Right to Build for Makassar Mall Shopping Center. In addition, it is recommended that PT MTIR register for the transfer of the right based on Government Regulation No. 24 of 1997 if they continue to impose their will to become the holder of the SHM of Condominium Units in building Blok-A of Makassar Mall. Furthermore, it is recommended that law enforcement agencies conduct investigations related to the Collaboration Agreement No. 44/511.2/SP/HK along with the accompanying addendums. In this case, traders must get legal certainty and protection as holders of SHM of Condominium Units in the building Blok-A of Makassar Mall.
Sengketa Pemilihan Kepala Desa Serentak: Studi Kasus di Kabupaten Luwu Utara La Ode Husen; Abd. Kahar Muzakkir; Nasirah Nasirah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 25 No 1: Desember 2021 - Mei 2022
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v25i1.362

Abstract

This study aims to describe the simultaneous Village Head election disputes in 2016 and 2018 in North Luwu Regency. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe problems and answer study purposes. The results show the implementation of the simultaneous Village Head election of 2016 and 2018 in North Luwu Regency, consisting of 64 Villages. Of the 64 simultaneous Village Head elections, six of them are still considered to contain legal defects by several candidates. Accordingly, the six candidates submitted lawsuits against the simultaneous Village Head election results at the State Administrative Court to prove the violation. In this case, there are two lawsuits for Regent Decision No. 188.4.45/386/VI/2016 and four for Regent Decision No. 188.4.45/479/XI/2018. One of the six lawsuits was granted by the Judge in the Decision of the State Administrative Court, but the Decision of the State Administrative High Court voided the Court Decision of the first instance. In contrast, the other five lawsuits were immediately dismissed by the Judge at the Decision of the State Administrative Court. Therefore, it is recommended that the Regency Government be able to predict and provide solutions to a series of problems that will arise at all stages of implementing the simultaneous Village Head election. In this case, to minimize future disputes of the simultaneous Village Head election.
Penyidikan terhadap Tersangka Pemalsuan Surat-Surat: Studi Kasus di Polda Sulawesi Selatan Susi Aryani Manangin; La Ode Husen; Abd. Kahar Muzakkir; Abd. Rasjak
Al-Ishlah: Jurnal Ilmiah Hukum Vol 25 No 2: Juni - November 2022
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v25i2.367

Abstract

This study aims to analyze the effectiveness and obstacles of investigations on suspect forgery of documentary evidence instruments of land rights at the Directorate of the General Criminal Investigation of South Sulawesi Regional Police. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe problems and answer study purposes. The results show that the effectiveness of investigations on suspect forgery of documentary evidence instruments of land rights at the Directorate of the General Criminal Investigation of South Sulawesi Regional Police consists of the investigator's role, the document's validity, and the facilities. In contrast, inhibiting factors of investigations on suspect forgery of documentary evidence instruments of land rights at the Directorate of the General Criminal Investigation of South Sulawesi Regional Police consist of the factor of witness testimony and the legal culture of the community. Therefore, it is recommended that the Government conduct legal counseling to the public to create legal awareness to obey and comply with the laws and regulations that have been in force for the realization of legal purposes in the future.
Co-Authors Abd. Rasjak Farah Syah Rezah La Ode Husen M. Ridjal Adelansyah Syam Nasirah Nasirah Susi Aryani Manangin