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Johamran Pransisto
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.
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.
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.
Penerapan Hukum Terkait Pembagian Harta Gono-Gini Akibat Perceraian Ismail Candra; Patahillah Asba; Herman Balla; Johamran Pransisto
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 related to the division of gono gini property after divorce in case decision No. 273/Rev.G/2019/PA. Sidrap. This research uses a normative-empirical type of legal research. The results of the study showed that the application of the law related to the division of gono gini property after divorce in general and based on the judgment of case No. 273/Rev.G/2019/PA. Sidrap in particular, where in the concept of common property there are several binding principles, namely 1. Property acquired during marriage; 2. Not looking at whose side is working, whether it is husband or wife; 3. Do not question on whose behalf the property or goods are; 4. Each party's share of the common property is half of the total property so long as during the marriage both parties carry out their respective obligations; 5. Mixing.property.acquired either by husband.wife.as long as.the marriage is lived into common property (property.syirkah) can be excluded in a marriage agreement (huwelijke voorwaarden).
Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Jual-Beli Melalui E-Commerce Alfitriani Alfitriani; Octavianty Octavianty; Mutmainna Mutmainna; Johamran Pransisto
Jurnal Litigasi Amsir 2022: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Behind the rapid advances in technology, especially the development of the Internet in Indonesia, there are a lot of negative things being targeted and harassed people who like the Internet that we usually hear as Internet surfers. For business and trade in the internet media is required understanding, seriousness, and the will of its own. In an agreement is often one of the parties/stakeholders have to face difficult conditions and ultimately contact/agreement that has been agreed can not walk/run well/as appropriate. Factors that make it difficult events that can occur due to deliberate or accidental. Default is a condition/situation that can be done by one of the parties or the parties to an engagement which can be generally described that the treaty was not executed properly and not in accordance with what has been agreed from the beginning. Plunge into the business of buying and selling online/transact electronically (e-commerce) is a rare move but it's a lifestyle and trend in this medern era, but must also watch out and be noticed. Among the things that can later be referred to as a form of default. Default in the purchase agreement online can take many forms and sometimes we experienced it and still not sensitized that this/these events can be called an act of default. For example: late payment, no payment, send the goods but not in accordance with what was agreed, but too late to send goods, which in turn raises certain legal consequences.
Analisis Yuridis Pengolahan Data Fisik dan Yuridis Dalam Pendaftaran Tanah Menurut PP No 24 Tahun 1997 di Kantor Pertanahan Kabupaten Maros Johamran Pransisto
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

This study aims to identify and analyze legal studies on the Effectiveness of Processing Physical Data and Juridical Data According to PP. No. 24 of 1997 concerning Land Registration, and knowing and analyzing the factors that influence the management of physical data and juridical data in the registration of land rights according to PP. No. 24 of 1997 concerning Land Registration, to prevent state administration disputes from arising at the Maros District Land Office. The type of research used is the type and descriptive research approach. The results of the study show that the implementation of the management of physical data and juridical data in the registration of land rights to prevent the emergence of state administrative disputes at the Maros Regency Land Office is to realize legal certainty through the management of physical data and juridical data in the bookkeeping of rights in the registration of land rights and implementing concretely and being accountable for administration certainty and presenting information on registration of land rights has not been carried out effectively and efficiently. To realize the effectiveness of the management of physical data and juridical data according to PP. No. 24 of 1997 concerning land registration at the Maros District Land Office to prevent state administrative disputes from arising is influenced by several factors, namely legal substance; Legal structure; and legal culture
Kesalahpahaman Euthanasia Dalam Perspektif Human Rights dan Hukum Islam Muhammad Andri Alvian; Aksah Kasim; Johamran Pransisto
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

Euthanasia is a new breakthrough that has its own existence in the world of medicine. Euthanasia is meant to be the act of deliberately eliminating human life to end the suffering it experiences. This paper aims to provide an overview of euthanasia and describe misconceptions in euthanasia practice. The method used in this study is literature research, the main focus of this research is on normative approaches including Islamic law, as well as using secondary data from literature containing information about euthanasia itself. The results of this study show that there is a misunderstanding in the practice of euthanasia, starting from the concept of human rights that does not accommodate the right to die as contained in article 28I paragraph (1) of the 1945 NRI Constitution, the prohibition of killing intentionally or unintentionally in the Criminal Code and the code of ethics which is oriented towards the obligation of a doctor to protect the life of a patient. In addition, judging from Islamic law, eliminating life by euthanasia is a suicide attempt that is not justified in Islamic law, let alone containing a very complex hypocrisy.
Dari Hukum ke Realitas: Penegakan Hukum terhadap Pekerja Seks Komersial dalam Kasus Prostitusi Tiara Nurul Falaq; Johamran Pransisto; Muhammad Tahir
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 identify the legal rules that apply to Commercial Sex Workers (PSK) and explore the law enforcement measures against them, as well as the reasons behind the rise of prostitution. The method used is empirical normative legal research with case studies in the jurisdiction of the Parepare Police, using primary and secondary data. Data analysis was carried out qualitatively. The results of the study show that the act of prostitution in Parepare is influenced by several factors, including the damage to people's moral values, the spread of sexually transmitted diseases, sexual deviation, the mental decline of the perpetrators, the decline in religious knowledge, and easy access to social media related to prostitution. Law enforcement against prostitution violations is carried out based on community complaints and refers to Kitab Undang-Undang Hukum Pidana (KUHP) Pasal 296 and Pasal 506 and Undang-Undang Nomor 44 Tahun 2008 tentang Pornografi.
Perlindungan Hukum Terhadap Konsumen Dalam Transaksi E-Commerce Ahmad Ahmad; Johamran Pransisto; 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 practice of buying and selling, and to find out that regulations on consumer protection are still in accordance with the pattern of buying and selling online. This research uses normative legal research with a literature study approach, types and sources of legal materials using primary legal materials and secondary legal materials. Data analysis will be examined from a qualitative perspective. The results of the research show that online buying and selling practices and regulations on consumer protection have been accommodated in Law no. 8 of 1999 (consumer protection), law no. 31 of 2004 (Engagement), law no. 7 of 2014 (trade) and Law no. 19 of 2016 (ITE).
Dilema Kepemilikan Sertipikat Ganda: Kasus Kontroversial Obyek Tanah Rusman Rusman; Aksah Kasim; Andi Heridah; Johamran Pransisto
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 study aimed to identify the causes of dual land certificate ownership and explore solutions to this issue, utilizing a normative-empirical research approach. The findings indicate that dual certificates often result from landowners' negligence in managing their property, leading to unauthorized takeover by others. Additionally, flaws in the National Land Agency's system, lack of a comprehensive land database, and inaccurate or missing local government records contribute to the problem. Solutions include direct negotiation or mediation between parties, with the option of legal action through the State Administrative Court if unresolved.