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

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Wanprestasi Dalam Perjanjian Jual Beli Motor Hariyani Hariyani; Kairuddin Karim; Muhammad Darwis
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 facts on the ground are that there are still many cases of motorbikes being confiscated and forcibly taken by the seller and/or financing. This study aims to determine the legal settlement of debtors who default. The research method used is normative legal research. with a statutory approach. This study involves literature review and documentation, followed by qualitative analysis based on primary (laws) and secondary legal materials (libraries and scientific journals). The results show that the form of settlement of the default is confiscation of vehicles by using a power of attorney to withdraw/confiscate the object of fiduciary security which has been signed by the debtor himself and the original minutes of handover to Financing employees who specifically handle withdrawals of collateral objects.
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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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.
Transaksi Trapeutik Sebagai Pertanggungjawaban Dokter Terhadap Pasien Muhammad Darwis; Rahmat Amir
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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This research was conducted to know the legal relationship between doctors and patients in accordance with the laws and regulations at the Barru Regional General Hospital and to find out the Legal Responsibilities of Doctors in Therapeutic Transactions with Patients at the Barru Regional General Hospital. The type of research used is normative or dogmatic research, using juridical and empirical approaches through interview formats. The results of the analysis of the data and facts found in the field, the authors are of the view that, the legal relationship between doctors and patients at the Barru Regional General Hospital, that what is stated in the therapeutic agreement is only an agreement between the doctor and the patient in the abstract. The primary responsibility of health workers (doctors, hospitals and other health workers) is an unlawful act (onrechtmatige daad). A doctor has acted against the law because his actions contradict the principles of decency, thoroughness and caution expected of him in dealing with fellow citizens. The author's recommendations for doctors at the Barru Regional General Hospital should have responsibility for explaining and providing understanding to patients or to the patient's family regarding the medical actions that will be carried out for the patient's recovery and for the community or the patient and the patient's family it is hoped that they will try to find out what becomes their rights as citizens with Treupatic Transactions carried out at hospitals or doctors before handling patients at the hospital.
Kekerasan Dalam Rumah Tangga dalam Perspektif Hukum Pidana Muhammad Darwis; Iswandy Rani Saputra; Ali Ichsan Kiramang
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 research was conducted with the aim of knowing the forms of domestic violence that are regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City throughout 2021-2022. The type of research used in this research is normative and empirical research or what is commonly known as legal research which combines the two. The research results show that forms of domestic violence are in the form of physical violence, namely beatings, kicking, and also encouragement by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in are individual factors, family factors. As well as community factors consisting of poverty.
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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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.
Kajian Yuridis Multidimensi: Mengatasi Tantangan Eksploitasi Anak dan Mengembangkan Solusi Hukum Adaptif Muh. Farhan Mushsinulkhair FR; Muhammad Sabir Rahman; Patahillah Asba; Muhammad Darwis
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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The results of the study showed that the factors that led to the exploitation of children in Parepare City were economic, low education from parents, and lack of education related to exploitation issues, which caused parents not to know that if a minor was employed it would already be included in the realm of a crime even though it was their child, and another factor was the general public's lack of awareness in reporting child exploitation. 35 of 2014 concerning Child Protection which reads "Everyone who violates the provisions referred to in article 76I, shall be punished with imprisonment for a maximum of 10 (ten) years and/or a fine of up to Rp. 2000.000.000.00, (Two Hundred Million Rupiah).
Peran Perlindungan Hukum dalam Menjamin Keselamatan Saksi dan Korban Tindak Pidana Pembunuhan Kurnia Ningsih; Muhammad Darwis; Moch Alfatah Alti Putra; Putri Ajeng Burhan; Murdiono Murdiono
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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This research aims to determine the legal protection arrangements for witnesses and victims in criminal acts of murder and to determine the forms of legal protection for witnesses and victims in criminal acts of murder. This research uses a normative legal research method with a statutory approach. The types and sources of legal materials used are primary legal materials and secondary legal materials. Data analysis will be reviewed and analyzed qualitatively. The legal protection arrangements for witnesses and victims in criminal acts of murder consist of; 1) Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban; 2) Kitab Undang-Undang Hukum Pidana (KUHP); 3) Kitab Undang-Undang Hukum Acara Pidana; 4) Undang-Undang Nomor 31 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban. Forms of legal protection for witnesses and victims in criminal acts of murder are; determine criminal threats for perpetrators of criminal acts, by providing compensation and rehabilitation, physical and psychological protection from threats, harassment, terror and violence from any party, providing a sense of security under the provisions of article 5, medical assistance and psychosocial and psychological rehabilitation assistance, Compensation and restitution, Witness and Victim Protection Agency (LPSK) Peraturan Nomor 2 Tahun 2020 tentang Permohonan Perlindungan Saksi dan Korban Tindak Pidana that is, it is specified in Pasal 3.
Co-Authors Ali Ichsan Kiramang Asri Rahim Auliah Ambarwati Hariyani Hariyani Kairuddin Karim Kurnia Ningsih Moch Alfatah Alti Putra Muh. Farhan Mushsinulkhair FR Muhammad Natsir Muhammad Sabir Rahman Murdiono Murdiono Patahillah Asba Phireri Phireri Putri Ajeng Burhan Rahmat Amir Saputra, Iswandy Rani Sri Meliana