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All Journal Jurnal Litigasi Amsir
Muh. Fadli Faisal Rasyid
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 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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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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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.
Membongkar Kedalaman Kriminalitas: Analisis Ilmiah Pembunuhan Terhadap Orang Tua Tiri Rafika Handayani; Muh. Fadli Faisal Rasyid; Amir Amir
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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This normative legal research employs a statutory approach and utilizes a case study from a court in Parepare City. Primary, secondary, and tertiary legal materials serve as sources. The qualitative prescriptive analysis focuses on the crime of murder under Article 340 of the Criminal Code, as evidenced in Decision Number: 52/Pid.B/2022/Pn Pre. The public prosecutor presented three indictments, with the first proven against the defendant, Sahrul Alias Callu Bin Sirajuddin. The panel of judges, in Verdict Number: 52/Pid.B/2022/Pn Pre, declared the defendant guilty of premeditated murder, sentencing him to 7 years in prison. The verdict considered various factors, including prosecutor demands, trial facts, and elements fulfillment, alongside aggravating and mitigating circumstances.
Penerapan Sanksi Hukum: Analisis Kontemporer Berdasarkan Kitab Undang-Undang Hukum Pidana Salman Sahrir; Muh. Fadli Faisal Rasyid; Moch. Alfatah Alti Putra
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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This research was conducted with the aim of knowing the forms of sanctions according to the Criminal Code and to find out the constraints faced in applying sanctions according to the Criminal Code. The type of research used is normative research, a normative method is legal research regarding the application of legal provisions (codification, laws or contracts) in action at every legal event to analyze law that is seen as community behavior. Based on the analysis of data and facts, the conclusions are as follows: . Forms of Types of Criminal Sanctions. in criminal law it can be seen in Article 10 of the Criminal Code. Article 10 of the Criminal Code stipulates that punishment consists of Principal Crimes, which consist of Death Penalties. Death penalty is the harshest punishment in the criminal system, imprisonment is the principal punishment in the form of confinement or deprivation of a person's freedom, and detention is a form of punishment for deprivation of liberty for the convicted person, criminal fines as well as additional crimes and constraints faced in the application of sanctions according to the Criminal Code, these influential factors can be grouped into two, namely internal factors which include Judge Internal Factors, namely the Application of Different Knowledge, Judge Integrity, Trust and Human Sense, Meanwhile and external factors. Judges namely Intervention from Superiors, Mass Pressure and Political Pressure.
Legal Optimization Through Juridical Study of Illegal Logging Crimes: Efforts to Prevent Adverse Environmental Damage St Aisyah; Muh. Fadli Faisal Rasyid; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This research aims to determine the consequences of illegal logging laws that result in environmental damage in the Enrekang Regency and identify the obstacles officers face in handling illegal logging cases that result in ecological damage in the Enrekang Regency. The type of research used is normative and empirical research. This research is supported by a Legislative Approach (statue approach) and a Social Approach (Social Approach). Illegal logging in Enrekang Regency is regulated in Law Number 18 of 2013, namely a maximum prison sentence of 5 years and a maximum fine of IDR 2.5 billion. Handling cases of illegal logging in Enrekang Regency faces several obstacles, namely, limited human resources for forestry police, difficulty in patrolling the forest, the size of the forest area, lack of budget, and lack of patrol vehicles
Co-Authors Abdul Rahman Anwar Amir Amir Auliah Ambarwati Ilham Umar Moch. Alfatah Alti Putra Muh. Akbar Fhad Syahril Rafika Handayani Saharuddin Saharuddin Salman Sahrir St Aisyah