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All Journal Dinamika Hukum Masalah-Masalah Hukum Jurnal Theologia DE LEGA LATA: Jurnal Ilmu Hukum Khairun Law Journal Jambura Law Review Jurnal Ilmu Kepolisian JUSTISI KRTHA BHAYANGKARA Alauddin Law Development Journal (ALDEV) Amsir Law Jurnal (ALJ) YURISDIKSI : Jurnal Wacana Hukum dan Sains KHAIRUN LAW JOURNAL Administrative and Environmental Law Review Amsir Management Journal Jurnal Litigasi Amsir JUDGE: Jurnal Hukum Innovative: Journal Of Social Science Research Priviet Social Sciences Journal Jurnal Ilmiah Multidisiplin Amsir Amsir Accounting & Finance Journal Journal of Law Justice Amsir Community Service Journal Celebes Journal of Community Services Vifada Assumption Journal of Law Realism: Law Review Jurnal Ilmiah Manajemen & Kewirausahaan
Muh. Akbar Fhad Syahril
Faculty Of Law, Andi Sapada Institute Of Social Sciences And Business, Parepare-Indoenesia
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Mewujudkan Kepastian Hukum Pendaftaran Hak Milik Atas Tanah untuk mencegah Timbulnya Sengketa Tata Usaha Negara Johamran Pransisto; Kairuddin Karim; Muhammad Akbar Fhad Syahril
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

The implementation of the handling and settlement of state administrative disputes, especially those related to the registration of property rights at the State Administrative Court, can be measured by the level of effectiveness and success based on the decision of the state administrative court which has permanent legal force. its power, to the extent that the Defendant has acted upon it. The results of the research at the Makassar Administrative Court showed that 38 decisions on land disputes that had permanent legal force, only 24 decisions were followed up, while the other 14 decisions were not implemented. As the administrator of state administration, he should implement state administrative decisions that have permanent legal force in order to realize legal certainty and orderly implementation of land registration, especially the registration of property rights over land and in addition, the state administrative body or official must know the existence of judicial institutions, including implementing decision. judiciary which already has permanent legal force, so that it can contribute to the effectiveness of the administration of justice, especially the state administrative court.
Policy On The Implementation Of Restrictions On Community Activities (PPKM) Based On Inclusive Law Muh Akbar Fhad Syahril; Ade Risna Sari; Fuad Fuad; Rachmadi Usman; Baren Sipayung
DE LEGA LATA: JURNAL ILMU HUKUM Vol 8, No 1 (2023): January-June
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v8i1.12480

Abstract

The COVID-19 pandemic that has hit the world has impacted the crisis in all aspects of human life. The COVID-19 pandemic, which was initially a health crisis, quickly transformed into an economic, social, political, and even environmental crisis. The Indonesian government is trying to control the spread of COVID-19 by issuing various policies, one of which is the Implementation of Community Activity Restrictions (PPKM). However, PPKM has attracted a lot of controversy because it is felt that it has made it difficult for many people in the context of mobility and seems to violate personal rights. This study aims to analyze PPKM policy with an inclusive legal approach. As part of the social order, in addition to norms of decency and religion, inclusive law protects and integrates the interests of members of society. This research method is normative-juridical with a statutory and conceptual approach. The data obtained are analyzed qualitatively and presented descriptively. The results showed that the PPKM policy is an effort to overcome the decline of society due to the pandemic and follows the concept of inclusive law. Between inclusive law and legal reality, there is a commonality in seeing the various interests of members of society that will create order in life. This makes people able to live with certainty and create order. The Indonesian government chose to seek an orderly situation by imposing a ban on mobility through PPKM
Perlindungan Hukum Bagi Konsumen dari Peredaran Makanan Kedaluwarsa Erfan M; Johamran Pransisto; 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 form of legal protection for consumers against the circulation of expired food in Enrekang Regency and to find out the efforts made by the Government and the community in preventing the circulation of expired food in Enrekang Regency. secondary. The results of the study show that the form of legal protection for consumers of expired food products, especially in Enrekang District, Enrekang Regency, is the existence of a prohibition for business actors as regulated in Article 8 letter g paragraph (2) and paragraph (4). Apart from that, the form of legal protection for consumers is also contained in Article 7 of the UUPK which regulates the obligations of business actors, the form of legal protection can also be seen in Article 19 of the UUPK which regulates the responsibilities of business actors and the efforts made by the Government together with the community in preventing the distribution of expired food. in Enrekang District, Enrekang Regency, namely with the Government's responsibility to provide guidance to business actors and carry out joint supervision of Non-Governmental Organizations engaged in Consumer Protection by carrying out market operations or raids on cake shops and Mini Markets.
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 Pengesahan Perkawinan di Pengadilan Agama Siti Mardhatilla Habiba K; Muh. Sabir Rahman; 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 judge's legal considerations for the legalization of marriage (isbat nikah) based on decision no. 189/Pdt.P/2021/PA.Pare, and application of judge's law to the legalization of marriage (isbat nikah) based on decision no. 189/Pdt.P/2021/PA.Pare. This research uses a type of normative research with a statutory approach and a case study approach, the data collection techniques used are observation, interviews, and documentation. The types and sources of legal materials use primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that determining the case for a marriage certificate by the judge in decision No. 189/Pdt.P/2021/PA.Pare by the applicants Hriyandi bin H. Abd Rahman and Khofifah Nur Syahrah bint Hasbulla were declared legally valid. The marriage of the applicants is following Islamic law and has fulfilled the provisions of Article 14 to Article 30 of the Compilation of Islamic Law regarding the terms and pillars of marriage.
Perlindungan Hukum Nasabah atas Penggunaan E-Banking Pakhry Nugroho Kadari; Saharuddin Saharuddin; 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 research is a normative legal research. This research will examine the principles, legal concepts and laws and regulations related to the legal protection of bank customers for the use of Internet-Banking. In order to obtain research materials, the research will be carried out by means of a literature study that examines legal materials. Legal materials as research materials are taken from library materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials and non-legal materials obtained in this study will be analyzed prescriptively with the deductive method. The results of this study indicate that forms of legal protection for users of internet banking services can be seen from several provisions, namely Law No. 8 of 1999 concerning consumer protection. However, it is very regrettable that some of these provisions have not been good enough in providing legal protection for consumers who use internet banking because law enforcement has not been implemented. Thus, the legal protection that is expected to be enjoyed by the community does not and/or has not occurred. And law no. 8 of 1999 concerning consumer protection, some of its rules still have many weaknesses and shortcomings, namely the lack of relevance of the rules to current legal issues, especially those related to technology.
Kajian Yuridis Putusnya Perkawinan Akibat Cerai Gugat Yolanda Tresna Dian A; Saharuddin Saharuddin; 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 find out the legal considerations of judges in deciding a marriage due to divorce in the Religious Court of Parepare City (Case Study Number 123/Pdt.G/2022/PA.Pare). Parepare City Religion. This research uses a normative research type supported by a statutory approach and a case study approach, the types and sources of data using primary data, secondary data, tertiary data, and data analysis are examined qualitatively and descriptively. The results of the study show that the judge's legal considerations in breaking up a marriage due to divorce were sued at the Parepare Municipal Religious Court Number 123/Pdt.G/2022/PA.Pare is correct and correct, where the basis for the judge's consideration is that the plaintiff and the defendant have separated residence for 6 years and 8 months until now the plaintiff left the place shared residence and since the house separated between the plaintiff and the defendant there has been no communication and no visiting each other and there is no maintenance from the defendant to the plaintiff, that during the trial, the plaintiff was determined to separate from the defendant, and the factors that led to the breakup of the marriage due to divorce sued in Parepare City Religious Court, namely: Internal factors, namely economic factors, not being given a living, disputes and constant bickering, external factors, namely the factor of infidelity or the presence of other ideal women, the interference of parents and drunkards or gamblers.
Kajian Yuridis Tindak Pidana Penipuan Pemberangkatan Haji dan Umrah Abdul Rahman Anwar; Muh. Fadli Faisal Rasyid; Muh. Akbar Fhad Syahril
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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Abstract

This study aims to determine the factors that cause the occurrence of criminal acts of fraud with the mode of departure for Hajj and Umrah in the city of Parepare. And to find out the legal considerations by the judges in deciding cases of criminal acts of fraud against Hajj and Umrah departures in the city of Parepare based on the MA Decision Study Number 1163 K/Pid/2021 whether or not they are in accordance with alternative charges. The type of research used in this study is normative and empirical legal research. Supported by a research approach, namely the sociological juridical approach and the case approach. The results showed that the factors that caused the crime of fraud with the Haj and Umrah departure mode in the city of Parepare were the character of people who easily believed, lack of understanding regarding the official nature of travel, the desire of people who wanted to quickly go on pilgrimage and umrah, not being careful. the public is careful or less alert, the way travel agents attract public interest and trust, and a lack of counseling regarding the departure of the Hajj and Umrah pilgrimages. Second, legal considerations by judges pay attention to several aspects apart from the legal facts that have occurred, also related to alternative charges. Even though there were two alternative charges, namely Article 378 concerning Fraud and Article 372 of Embezzlement, in the end the judge determined that the defendant H. Abdul Kadir was proven to have committed a criminal act of fraud. This is in accordance with the first alternative indictment by the public prosecutor due to the fulfillment of the element of fraud as referred to in Article 378.
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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Abstract

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.
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.
Co-Authors A. Darmawansya TL A. Dzulqarnain Abdul Rahman Anwar Ade Risna Sari Adi Hafid, Hardi Lestari Ahmad Ahmad Ahmad L Akil, Bahrul Iman Aksah Kasim Alyasa-Gan, Siti Sarah Andirwan, Andirwan Ardiyanti Aris Ardiyanti Aris Ardyanti Aris Arini Asriyani Aris, Ardiyanti Arkam Musa Asike, Ades Asriadi Zainuddin Asriani Asriani, Asriani Asriyani, Arini Asrullah Asrullah Auliah Ambarwati B, Herman Bahrul Ulum Bahtiyor, Kobulov Bakhtiar Tijjang Bakhtiar Tijjang Baren Sipayung Diana Sri Susanti Dina Maliah Hasan Dina Maliah Hasan Djafar, Muhammad Mufti M Erfan M Falaq, Tiara Nurul Fuad Fuad Gan, Siti Sarah Alyasa- Hadi, Muh. Hartarto S. Hafid, Hardi Lestari Adi Hamida Hasan Harianto Harianto Hasan, Nurhaedah Hasdar Hasdar Haslinda Hasan Hasmawati , Hasmawati Hasrianti Hasrianti Hasrianti, Hasrianti Ibrahim Rusli Ibrahim Rusli2, Ibrahim Rusli Irwan Irwan Johamran Pransisto Jufri, Supriadi Kairuddin . Kairuddin Kairuddin Kairuddin Karim Karimullah, Suud Sarim Karović, Sadmir Kasim, Aksah Kiramang, Akbar Suhud Kriviņš, Anatolijs Lia Trizza Firgita Adhilia Lubis, Trixie Fellicia M. Zaid M.A, A.P. Jaya Negara Muh. Darwis Muh. Darwis Muh. Fadli Faisal Rasyid Muh. Fitra Sudarman Muh. Rizal Ramli Muh. Sabir Rahman Muh. Syafwan Sikri Muhammad Aditya, Muhammad Muhammad Farhan Muhammad Natsir Muhammad Resky Dirgananda Muhammad Rifqy Rusliyadi Muhammad Ryan Jahrul Muhammad Sabir Muhammad Sabir Muhammad Sabir Muhammad Sabir Rahman Muhammad Tahir Murdiono Murdiono Mutmainna Nasution, Annio Indah Lestari Nisa, Ayu Chairun Nopitasari Nurhaedah Hasan Nurul Annisa Nurul Asda Fatima Pakhry Nugroho Kadari Pantong, Devi Harianti Pasande, Jhon Franklin Phireri Phireri Phireri Phireri Phireri, Phireri Pransisto, Johamran Rachmadi Usman Rahman, Muhammad Ramadhani, Riska Rasyid, Muh. Fadli Faisal Resa Mahendra Roslan, Amirah Khadijah Rudini Hasyim Rado Sabardin, Sabardin Sadmir Karović Saharuddin Saharuddin Saharuddin Sarina Sarina Siti Mardhatilla Habiba K Sjam, Muh. Adam Soraya, Anugra Sri Nur Qadri St Aisyah Suardi Suardi Sunardi Purwanda Suprapto Suprapto Suyahman Suyahman Syahban Mada Ali Tijjang, Bakhtiar Wiwin Wiwin Wiwin Wiwin, Wiwin Wulandari, Devi Dwi Yasmin, Muhammad Yolanda Tresna Dian A Zainuddin, Zainuddin