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

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Kedudukuan Hukum Islam Dalam Sistem Hukum Nasional Saharuddin Saharuddin; Muh. Fadli Faisal Rasyid; Auliah Ambarwati
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

In discussing Islamic Law amid National Law, the focus will be on the position of Islamic Law in the National Law system. This study aims to determine the position of Islamic law in the national legal system. The research method used in this study uses a normative type of research, namely by examining laws and regulations, theories, and concepts related to the problems studied. This research is supported by the approach used in this research, namely the legislative approach, and comparative approach. The results of the study indicate that the contribution of Islamic law is very large in the development and development of National Law, namely that every product of the law made by the Legislative Body is always inspired by Islamic Law. Constraints The main obstacles and problems of Islamic Law in Indonesia are related to the process of integration into National Law.
Studium Causa Pengangkatan Anak Siti Aulia Hardiyanti Hasana Amir; Saharuddin Saharuddin; Bakhtiar Tijjang
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 adoption of a child was initially based on social interests or needs which then required arrangements for social order. This study aims to identify and understand the process of adopting a child and to identify and understand the legal consequences of adopting a child with a stipulation from the Parepare Religious Court based on decision No.31/Pdt .P/2019/Pa.Pare. This research uses normative research with a statue approach and case approach. The results showed that the adoption process at the Parepare Religious Court was based on case study No.31/Pdt.P/2019/PA.Pare based on the Compilation of Islamic Law and Government Regulation Number 54 of 2007 regarding the implementation of child adoption. In the process, some provisions must be met in the trial so that the judge can approve the adoption of the child. The legal consequence for prospective adoptive parents is that prospective adoptive parents must be fully responsible for the child to be adopted.
Legitime Portie dalam Pemberian Hibah Wasiat Nurul Aqidatul Izzah; Saharuddin Saharuddin; Bakhtiar Tijjang
Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the provisions in the Civil Code regarding the granting of wills that violate the legitime portie. And to find out the legal consequences of granting a will that violates the legitime portie. This research uses normative research with a statutory approach, and sources of legal materials use primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the provisions regarding the provision of will grants in the Civil Code that the distribution of inheritance or grants are given to lower heirs or upper heirs as stipulated in the law and do not violate the absolute part (legitime portie) that has been regulated in the Civil Code. The legal consequences that occur when the granting of a will violates the legitime portie, namely an incorting and also the implementation of a testamentary grant. Incorting is carried out by prosecution by the heirs. Meanwhile, if the legitimate heir does not file an objection, then the act of grant that violates the absolute part (legitime portie) is considered still valid and carried out.
Studium Causa Putusan Hakim mengenai Perkara Perceraian Akibat Kekerasan dalam Rumah Tangga Saharuddin Saharuddin; Muh. Fadli Faisal Rasyid
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

Domestic violence is common in Indonesian society, but victims of domestic violence in the case of a wife who is a victim even though it cannot be denied that the husband can be the victim, very rarely the case is criminally reported, the victims are more choose to end the problem with divorce. This research was conducted aiming to find out the application of Law No. 23 of 2004 concerning PKDRT is still weak in efforts to protect the rights of women and to know the basics of judges' considerations in deciding divorce cases due to domestic violence. A person's reason for filing for divorce must be legal, as permitted under Law No. 1 of 1974, Governing Law No. 9 of 1975 and Compilation of Islamic Law.
Implementasi Penegakan Hukum Tindak Pidana Pembalakan Liar Muh. Fadli Faisal Rasyid; Saharuddin Saharuddin; Ilham Umar
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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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.
Optimalisasi Jaminan: Pemindahan Tanggung Jawab ke Pihak Ketiga Muh. Fitra Sudarman; Saharuddin Saharuddin; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 11 No 2 (2024): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research investigates the transfer of collateral objects by debtors to third parties without the creditor's knowledge, examining legal implications under the Civil Code. The study finds that the transfer of land rights requires a valid Sale and Purchase Deed prepared by a Land Deed Making Officer. If the transfer is based on a flawed deed without meeting legal requirements, it is deemed null and void. Settlement efforts for such transfers can follow either the litigation or non-litigation paths. Non-litigation options involve deliberations and mediation, demonstrating an attempt to resolve legal issues outside the judicial process. In the examined cases, both parties opted for non-litigation approaches, engaging in deliberations and mediation instead of pursuing legal action.
Penyelesaian Kredit Macet Dengan Jaminan Fidusia Rasman Rasman; Saharuddin Saharuddin; Lia Trizza Firgita Adhilia
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 research was carried out aiming to find out the mechanism for the settlement of bad credit with fiduciary guarantees at PT Pegadaian Sidenreng Rappang Branch and to find out the obstacles that occur in efforts to settle bad loans with fiduciary guarantees at PT. Sidenreng Rappang Pawnshop. The type of research in this research is normative-empirical. The results of the study show that the mechanism for resolving bad loans using fiduciary guarantees begins with persuasive actions and obstacles that arise in resolving bad loans with fiduciary guarantees are the lack of honesty from debtors in conveying information and customers who try to obstruct the execution of collateral and customers who transfer third party collateral.
Kewajiban Memberi Biaya Penghidupan Oleh Suami Kepada Mantan Istri (Studi Komparasi Antara Hukum Islam dan Hukum Perdata) Muh. Fahrul; Saharuddin Saharuddin; Lia Trizza Firgita Adhilia
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 know and understand the husband's obligation to provide living expenses to the ex-wife and the rights of the ex-wife after divorce. The type of research in this study is Normative-empirical. The results showed the ex-husband's obligations and the wife's rights after the divorce with the provisions attached to it as previously explained. For example, there are things that make the ex-wife get the right to provide whether it is Iddah, Mut'ah, or Lampau, but there are also things that cause the ex-wife to be not entitled to that right.
Co-Authors Andi Heridah Ardiyanti Aris Auliah Ambarwati Bakhtiar Tijjang Dewi Rasda Eka Novianty Wahyuni Ilham Umar Irwan Irwan Johamran Pransisto Lia Trizza Firgita Adhilia Lilis Suryani Muh. Akbar Fhad Syahril Muh. Fadli Faisal Rasyid Muh. Fahrul Muh. Fitra Sudarman Musyrifa S Nurul Aqidatul Izzah Pakhry Nugroho Kadari Rasman Rasman Siti Aulia Hardiyanti Hasana Amir Suprapto Suprapto Yolanda Tresna Dian A