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All Journal Jurnal Litigasi Amsir
Muhammad Natsir
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Identifikasi Sidik Jari Dalam Mengungkap Tindak Pidana Pencurian Andi Rumpang; Muhammad Sabir Rahman; Muhammad Natsir
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

The fingerprint is one of the technologies that can be used to identify a person. Even today, the fingerprint is a technology that is considered quite reliable because it is proven to be relatively accurate, safe, and comfortable to use as identification when compared to other biometric systems. This study aims to determine the legal strength of fingerprint-proof in the process of investigating a criminal act of theft based on the Criminal Procedure Code. This research uses empirical normative research with a statute approach. The results showed that. The fingerprint-proof system does not require witnesses, because, in terms of proof of fingerprint identification, the minimum provisions for proving the two pieces of evidence should be fulfilled by the existence of a certificate regarding the fingerprint, documentary evidence plus a statement from a dactyloscopy expert as one of the legal evidence. One of the obstacles faced by investigators when they are at the crime scene to collect/find evidence of fingerprints is if the place of the incident has changed its authenticity or is contaminated. Efforts are made by investigators to work around this by seeking the police or investigating officers to immediately be alert and responsive in receiving public reports about the existence of a crime.
Kajian Hukum Pencurian dengan Kekerasan Harianto Harianto; Muhammad Natsir; Muhammad Akbar Fhad Syahril
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 research was conducted with the aim of identifying and analyzing the factors causing the occurrence of the criminal act of theft with violence, as well as finding out and analyze the application of the law on the crime of theft with violence (Case Study Decision No.147/Pid.B/2020/PN.Pinrang). This research uses normative and empirical research. The cause of the crime of theft with violence There are two underlying factors, namely the education factor, and the parent's income factor. The application of the law to the crime of theft with violence committed by children in the Case Study Decision No. 147/Pid.B/2020/PN.Pinrang starting from the position of the case, the indictment of the public prosecutor, the demands of the public prosecution, and the judge's decision so that Cakra Bin Hasan was rightly proven guilty of committing the crime of theft accompanied by violence, and the decision was good at the formal point of view and the material is in accordance with the applicable provisions.
Kapasitas Hukum Pasien Non Covid dalam Penegakan HAM di Indonesia Muhammad Natsir
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 Covid-19 pandemic has brought many changes in the life system of people in Indonesia. In this case, the health sector and hospitals as facilities and infrastructure for health facilities providers have many challenges so as not to become the main victims in the spread of this pandemic. Furthermore, as a mitigation effort in continuing the Presidential Decree of the Republic of Indonesia Number 11 of 2020 concerning the Determination of the Corona Virus Disease 2019 (COVID-19) Public Health Emergency, several strategies have been carried out. Still, due to this integrated strategy”s focus, several media reports show the reality of other problems that have been neglected in perspective law. One of the unlucky cases is the death of pregnant women due to negligence of the hospital in handling the first delivery after being rejected by seven hospitals and another case in the form of providing non-Covid-19 patients, which then becomes a big problem in upholding human rights. This study aims to examine further the extent to which this matter is regulated in the legal system in Indonesia, the main responsible strategies and institutions, and other aspects that can be found in this confusion of problems. For this reason, researchers use the Goal Free Evaluation Framework as an independent form of the goals to be achieved in the Human Rights Law and to see other sides that will be found during the evaluation of the issue of human rights violations. The results obtained are that human rights have been regulated from the acceptance of health services by the community and labor laws from the medical team and hospital strategies listed in Service Operational Standards but have not been fully implemented. As for this matter, then it becomes the responsibility of the regional government in minimizing the occurrence of human rights violations as the institution that is most closely attached to the community even though there is a national human rights commission that is tasked with further reviewing the problem, especially after finding other factors that arise from these cases. Cases in hospitals during the Covid-19 pandemic. The main objective of this research is to serve as an evaluation material for health institutions. The other objective is to recommend it to institutions and legal observers in Indonesia to strengthen regulation and law enforcement in Indonesia
Simplifikasi Pengawasan Barang Ekspor Dalam Rangka Penegakan Hukum Kepabeanan Asri Rahim; Muhammad Darwis; Muhammad Natsir
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 supervision of export activities at the Parepare Customs and Excise Office. And to find out the efforts of the Parepare Customs and Excise Office in enforcing the law on violations of export activities. The type of research used in this research is empirical normative research. they are supported by a statutory approach and a structural approach. The study results in show that supervision of export activities at the Parepare Customs and Excise Office is carried out administratively and physically, starting from the arrival of the means of transport, loading of exported goods, and administrative services for completeness of export documents. The Parepare Customs and Excise Office made efforts to enforce the law on violations of export activities by analyzing export documents and collecting information on the vulnerability of illegal exports so that during the research period no legal violations were found in export activities.
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.
Urgensi Reformasi UU Narkotika dan UU ITE Menghadapi Ancaman Narkoba di Era Digital Muhammad Natsir; Muh. Akbar Fhad Syahril; Ardiyanti Aris; A. Dzulqarnain
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This research examines the urgency of reform and harmonization Undang-Undang Narkotika (UU No. 35 Tahun 2009) dan Undang-Undang Informasi dan Transaksi Elektronik (UU No. 19 Tahun 2016) in facing the challenges of drug crime in the digital era. Through a normative juridical analysis of current cases and weaknesses in existing regulations, this study identifies an urgent need to expand the definition and scope of technology-based narcotics crimes, strengthen digital evidentiary aspects, regulate digital platform responsibilities, enhance international cooperation, integrate digital rehabilitation approaches, and provide special protection for children and adolescents in cyberspace. The study also emphasizes the importance of harmonization of the two laws accompanied by increasing the capacity of law enforcement in digital forensics and the use of advanced technologies such as artificial intelligence (AI) and big data analysis, while still paying attention to ethical aspects and human rights protection. The results of the study show that a comprehensive approach to legal reform is needed to create a more responsive and effective regulatory framework in tackling drug crime in the digital era, as well as anticipating technological developments and adaptations carried out by drug offenders in the future.
Dilema Psikologis dan Hukum: Studi Kasus Pencurian dengan Pemberatan oleh Anak di Bawah Umur Muhaammad Luthfi Firjatullah; Muhammad Natsir; Dian Anggreni Thamrin; Arini Asriyani; Fikry Fathurrahman
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study analyses the application of the law by judges in sentencing minors who commit the crime of theft with aggravation (case study of Verdict No. 2/Pid.Sus-Anak/2023/PN Pre). The research highlights how judges balance judicial considerations, including examining witnesses, defendants' statements, evidence, and prosecutors' indictments based on Pasal 363 KUHP, with non-juridical considerations such as the child's psychological condition, environmental factors, as well as aggravating and mitigating aspects. The results of the study show that judges not only focus on fulfilling criminal elements, but also pay attention to the protection and development of children as perpetrators. In this case, the judge decided on a criminal sanction of imprisonment for 3 months, taking into account justice, deterrent effects, and rehabilitation efforts for the child. These findings affirm the importance of a holistic approach in handling child criminal cases, so that substantive justice and the protection of children's rights are maintained
Studi Kritis Terhadap Dasar Pertimbangan Hakim dalam Menjatuhkan Putusan Tindak Pidana Perjudian Saldi Saldi; Muhammad Natsir; Suardi Suardi; Elvi Susanti Syam; Herul Herul; Firmansyah Hibbu
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the judge's considerations and the application of the law in the decision of the gambling crime case at the Parepare District Court No. 20/Pid.B/2023/Pn Pre. Using normative and empirical legal research methods, this study found that the judge considered the testimony of witnesses, defendants, indictments and prosecutors' demands, as well as evidence, so that the elements of Article 303 of the Criminal Code were declared fulfilled. The defendants were legally and convincingly proven to have committed the crime of gambling. The judge also granted leniency due to mitigating circumstances, namely two elderly defendants.
Co-Authors A. Dzulqarnain Andi Rumpang Ardiyanti Aris Arini Asriyani Asri Rahim Asriadi Asriadi Dian Anggreni Thamrin Elvi Susanti Syam Emil Fitra Nur Fikry Fathurrahman Firmansyah Hibbu Harianto Harianto Herul Herul Khaerul Mannan Muh. Akbar Fhad Syahril Muhaammad Luthfi Firjatullah Muhammad Darwis Muhammad Sabir Rahman Phireri Phireri Saldi Saldi Suardi Suardi