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Phireri Phireri
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada

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Urgensi Pengawasan dan Pengamatan Terhadap Pelaksanaan Putusan Pengadilan Phireri Phireri; Johamran Pransisto
Jurnal Litigasi Amsir Vol 9 No 1 (2021): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Supervisory and Observer Judges are regulated in Article 277 of Law Number 8 of 1981 concerning the Criminal Procedure Code, in theory, there is no definition of Supervisory and Observer Judge (Wasmat). This study aims to determine the duties and authorities of the Supervisory and Observer Judges (Wasmat). This study uses a normative type. The results of the research show that the duties and authorities of the Supervisory and Observer Judges are regulated in Articles 277-283 of the Criminal Procedure Code, and the implementation instructions are regulated more clearly in SEMA No. 7 of 1985 which is still in use today. The appointment of Supervisory and Observer Judges is carried out according to the prerogative of the head of the District Court for a term of office of 2 (two) years. Supervisory Judges and Observers conduct/check on the spot (checking on the spot) at least once every 3 (three) months to the Correctional Institution to supervise the truth of the minutes of the implementation of the court decision signed by the Prosecutor, head of the Correctional Institution, and the convict.
Keberadaan Tanah Absentee kini (Studi kasus di Kota Parepare, Sulawesi Selatan) Auliah Ambarwati; Sri Meliana; Phireri Phireri; Muhammad Darwis
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

This study aims to determine the application of Law No. 5 of 1960 concerning agrarian matters to land owned by an absentee and to find out the legal consequences that arise on absentee land ownership. This research uses normative legal research with a statute approach. Types and sources of legal materials using primary legal materials and secondary legal materials. Data analysis was studied descriptively. The results showed that there was no form of law enforcement carried out by the Parepare City Land Office. This is because when the land has been registered and the certificate has been issued, the authority to use the land becomes the full authority of the land owner. The Land Office has never carried out supervision or reprimand for land owners who abandoned their land without being used to obtain results. The Land Office only makes a statement in each certificate issuance process which is then signed by the applicant. If the applicant violates these provisions, the Land Office only hands off and submits it entirely to the land owner.
Grosse Akta dalam Menghadapi Kredit Macet Phireri Phireri; Amir Amir; Suardi Suardi
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

Grosse is different from other notary deeds, as well as is a tool of evidence for the parties as well as the actual and developing legal institutions that follow the flow speed in the development of the business, industry, and credit. this is because today's credit problems can not be separated from Grosse deed because the bond loan agreement is generally in the form of Grosse pour indeed, as stated in Article 224 HIR/258 R.B.g by using Grosse deed in case of obstacles in the debt settlement the debtor to the creditor no longer require regular claims process that will take a very long time but with the use of Grosse deed then simply by requesting the establishment of the local Chief District Court. of benefits and advantages, especially in the face of bad loans. The problem is not as simple as Grosse's deed in theory, because in practice there are still many problems that hinder the course of execution of the many requests. Where gross deed executions are addressed to the Court, there are some applications that are acceptable and some are not acceptable for the execution carried out. this is due to the presence of factors that may cause obstacles to the execution of the deed in court Grosse.
Perlindungan Hukum Terhadap Perjanjian Kerja Barista dengan Indische Coffee atas Keterlambatan Pembayaran Upah Muhammad Sabir Rahman; Phireri Phireri; Yunisye Cenentya Wangka
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 legal protection of the barista work agreement with Indische Coffee for late payment of wages. The type of research used in this research is normative legal research. The research approach is a sociological juridical approach. The object of this research is located in Indische Coffee, the object studied is the barista work agreement with Indische Coffee for late payment of wages. The types and sources of data used in this study are primary data resulting from secondary research, namely legislation, institute decisions, published books and journals, tertiary data, namely data sources through articles and websites that are online. The results of the study show that the legal protection for workers who experience wage delays in indische coffee is regulated in the contents of the work agreement Article 1 Paragraph 2 Points b and Point d regulates wages and if there is a dispute, dispute resolution is regulated in Article 4.
Melangkah ke dalam Kegelapan: Kajian Yuridis Tindak Pidana Pembunuhan dalam Pengaruh Alkohol Emil Fitra Nur; Muhammad Natsir; Phireri Phireri; Khaerul Mannan
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 research aims to analyze the considerations made by the panel of judges in delivering a decision on a murder case influenced by alcohol, as seen in Decision Number 62/Pid.B/2022/PN.Bar. Additionally, it investigates the application of the law by the panel of judges in reaching a verdict concerning this crime. This research adopts a normative approach, utilizing both statutory analysis and a case study. The findings reveal that the judge's decision-making process in the aforementioned case, Decision Number 62/Pid.B/2022/PN.Bar, was based on juridical considerations, including the evidence presented during the trial, as well as non-juridical factors, such as aggravating and mitigating circumstances related to the defendant. The application of the law by the panel of judges in delivering a verdict on the crime of murder influenced by alcohol in Decision Number 62/Pid.B/2022/PN.Bar was deemed appropriate and in accordance with the primary indictment put forth by the public prosecutor. The defendant's actions were considered both lawful and convincing, leading to a sentence of 7 (seven) years of imprisonment.
Penerapan Restorative Justice Dalam Proses Penyidikan Tindak Pidana Penganiayaan Asriadi Asriadi; Muhammad Natsir; Phireri Phireri
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 study aims to analyze the factors that hinder the application of restorative justice in the investigation of violent crimes in the Barru Police. The method used is empirical research with a legislative approach and case studies. The results of the study show that the lack of agreement between the victim and the perpetrator is the main factor in the non-occurrence of restorative justice, where the victim prefers to continue the case to the court to get punishment for the perpetrator. In addition, victims often apply conditions that cannot be fulfilled by the perpetrator, such as rehabilitation costs. The application of restorative justice at the Barru Police is carried out through mediation between the perpetrator, the victim, and the victim's family, by involving neutral parties such as community leaders and religious leaders. This process follows the provisions in Peraturan Kapolri Nomor 8 Tahun 2021 tentang Penghentian Tindak Pidana Berdasarkan Keadilan Restoratif, and cases that are successfully resolved restoratively tend to be stable every year.
Menyingkap Kerumitan: Kajian Hukum Tentang Pemasangan Alat Peraga Kampanye Pemilu 2024 Pada Pohon Phireri Phireri; Muh. Akbar Fhad Syahril; Nurul Annisa
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

Elections have been considered a measure of democracy because people can participate in determining their attitudes towards their government and country. Elections are important in the life of a state. Elections are part of a democratic system through which the people determine their representatives. In general elections, political campaigns are one way for candidates to introduce themselves and their programs to the public. However, in the implementation of political campaigns, some rules must be followed by the candidates so that the campaign runs in an orderly manner and does not violate the law. In the implementation of political campaigns, some rules must be followed by candidates so that the campaign runs in an orderly manner and does not violate the law. One of the things that is so synonymous with the campaign period is the increasingly crowded and large number of campaign props used by candidates/election participants and their success teams. This is one of the methods for candidates to conduct campaigns so that the public can know their entire vision, mission, program, and identity.