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Suardi Suardi
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legum Studia Penyelesaian Sengketa Harta Bersama Jaka Syahrial Syarifuddin; Kairuddin Karim; Suardi Suardi
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

Determining the status of property ownership during the marriage is important to obtain clarity on the position of the property in the event of the death of one of the husbands or wives, which is the inheritance that will be inherited by their respective heirs. This study aims to find out and understand the legal review of joint property disputes that occurred after the divorce based on Decision Study Number: 285/Pdt.G/2019/PA.Pare. This research uses empirical normative research with a statutory approach and a case study approach. The results of the study show that the process of dividing joint assets due to divorce based on law and fiqh has prioritized the principle of justice. In the process, there is a clear picture of the case that occurred so that the judge can determine and decide on the distribution of joint property following the Marriage Law Number 1 of 1974 and the Compilation of Islamic Law.
Grosse Akta dalam Menghadapi Kredit Macet Phireri Phireri; Amir Amir; Suardi Suardi
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

Grosse is different from other notary deeds, as well as is a tool of evidence for the parties as well as the actual and developing legal institutions that follow the flow speed in the development of the business, industry, and credit. this is because today's credit problems can not be separated from Grosse deed because the bond loan agreement is generally in the form of Grosse pour indeed, as stated in Article 224 HIR/258 R.B.g by using Grosse deed in case of obstacles in the debt settlement the debtor to the creditor no longer require regular claims process that will take a very long time but with the use of Grosse deed then simply by requesting the establishment of the local Chief District Court. of benefits and advantages, especially in the face of bad loans. The problem is not as simple as Grosse's deed in theory, because in practice there are still many problems that hinder the course of execution of the many requests. Where gross deed executions are addressed to the Court, there are some applications that are acceptable and some are not acceptable for the execution carried out. this is due to the presence of factors that may cause obstacles to the execution of the deed in court Grosse.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Penipuan Investasi Melalui Media Internet Suardi Suardi; Patahillah Asba; Muh. Nur Iksan
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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Abstract

This study aims to determine and analyze how the law applies to court decisions given to online fraud perpetrators. This research is normative. The data collection in this study was library research (literary analysis) and was supported by interviews (interviews) supporting data and qualitatively analyzed. This research was conducted in Sidrap Regency, precisely at the Sidrap District Court Office, by seeking information related to the issues discussed in this decision to facilitate discussion and completion of writing. This research was conducted using the method of interviews with Judges of the Sidrap District Court and a literature study using references relevant to the problems in the author's thesis. Therefore law enforcement regarding this fraud crime can still be accommodated by the Criminal Code and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions. Furthermore, obstacles in law enforcement against criminal acts of fraud based on electronic transactions are still influenced by five factors: legal factors, law enforcement factors, facilities and facilities that support law enforcement, community factors and cultural factors.
Kajian Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika Nurdia Nurdia; Herman Balla; Suardi Suardi
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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The purpose of this research was conducted: To find out the judge's considerations in passing a decision on the crime of narcotics abuse, decision number: 19/Pid.Sus/2022.PN.Enrekang; & To Know the Application of Material Criminal Law Against the Crime of Narcotics Abuse Against Decision Number: 19/Pid.Sus/2022.PN.Enrekang. The type of research used is Normative Legal Research. The results of the study: As for the legal considerations by the Judge of the crime regarding Every Narcotics Abuse of Group I for himself is punished with a maximum imprisonment of 4 (four) years in decision Number: 19/Pid.Sus/2022.PN.Enrekang, in dropping the sentence was appropriate because the Judge had considered several things, both in terms of Juridical Facts and Subjectively which included accountability for the actions committed with the consideration that when carrying out his actions, the defendant was aware of the consequences. In addition to the above, the Judge also did not see any justification or excuse that could eliminate the unlawful nature of the Defendant's actions. The Panel of Judges saw that the things that were aggravating were that the Defendant's actions did not support the Government's program to eradicate the distribution and use of Narcotics illegally, the Defendant's actions could damage himself and other young people, and the Defendant had been convicted before; & Application of material criminal law by judges against criminal acts regarding Every Narcotics Abuser Group I for himself is sentenced to imprisonment for a maximum of 4 (four) years in the Decision mentioned above, and it is appropriate for the Public Prosecutor to use 2 (two) charges, namely: Primary Article 112 Paragraph of Law No. 35 of 2009 concerning Narcotics in conjunction with Article 132 (1) of Law No. 35 of 2009 concerning Narcotics, and Subsidiaries of Article 127 paragraph (1) of the Narcotics Act No. 35 of 2009 about Narcotics. Among the elements of the two articles charged by the Public Prosecutor, what has been proven legally and convincingly guilty is Article 127 Paragraph (1) letter of Law No. 35 of 2009 concerning Narcotics where the acts and elements of the Articles match each other.
Peran Pos Bantuan Hukum Pada Masyarakat Kurang Mampu Herman Balla; Suardi Suardi; Fajar Hari Sandy
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

The research objectives expected by the author are First, 1. To find out the role of the Legal Aid Post in the Poor in the Sidrap Religious Court; 2. To find out the existence of legal aid posts for underprivileged communities at the Sidrap Religious Court. This research is a normative research. The collection of data used in this study was a library research (literary study) and was supported by interviews (interviews) as supporting data. Qualitatively analyzed. The results of the research show that the Legal Aid Post at the Sidrap Religious Court was formed in May 2019, and has handled 504 cases, since the issuance of the Indonesian Supreme Court Regulation Number 1 of 2014 regarding the establishment of Legal Aid Posts in every court throughout Indonesia and has handled thousands of cases. Basically in its service, the Sidrap Religious Court does not differentiate between the poor and the rich, all of whom can request legal assistance from the Legal Aid Post by completing the requirements. Based on direct interviews conducted by researchers, the poor did not know about the Legal Aid Post because they had never been involved in legal problems in court, while those who knew about the Legal Aid Post were the poor who had been involved in legal problems in court.
Aspek Piskologi Terhadap Balapan Liar Oleh Remaja Suardi Suardi; Herman Balla; Fachrul Rijal
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 find out what influences adolescents to carry out illegal racing and to find out what law-abiding actions must be done in minimizing teenagers carrying out illegal racing actions. This study uses a normative-empirical research type, which combines theoretical-rational and sensory-observative by using a reasoning model by first using inductive logic which is then continued with deductive logic. The results of the study show that the factors that cause adolescents to carry out illegal racing include factors that are within the child himself, factors that come from the family, factors from the community environment, factors that come from the school environment and efforts made by the Parepare City Police. in tackling illegal racing carried out by teenagers, namely carried out in two ways, namely preventive efforts (prevention) and repressive efforts (enforcement).
Kedudukan Saksi Dalam Pembuatan Akta Notaris Muhammad Resky Dirgananda; Suardi Suardi; Muh. Akbar Fhad Syahril; Aksah Kasim
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
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 position and responsibilities of witnesses in making notarial deeds according to UUJN. As well as to find out the legal consequences that may arise if the witness does not maintain the confidentiality of the contents of the Notary Deed. The type of research used in this research is normative research. The results of the study show the position and responsibilities of witnesses in making notarial deeds according to UUJN. Namely the Legitimacy of an Authentic Deed through Formal Requirements, The position of a witness for a Notary deed is of course different from the position of a witness in general who is a witness who hears and/or sees an event that has occurred. civil liability, because this is in accordance with the elements in Article 1365 of the Indonesian Civil Code, with liability that obliges to compensate for losses suffered by one or several parties who feel aggrieved by the act. As well as the consequences for the witness if they do not maintain the confidentiality of the contents of the Notary Deed. According to the author, according to the author, the provisions regarding the obligation of witnesses to keep secret the contents of notarial deeds have added several paragraphs in Article 40 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. Article 170 paragraph (1) states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from the obligation to provide testimony as witnesses, namely regarding matters entrusted to them.
Pemenuhan Hak Pengurangan Masa Pidana (Remisi) Terhadap Narapidana di Lembaga Pemasyarakatan Marwati Marwati; Suardi Suardi; Moch. Alafatah Alti Putra
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

The aim of this research is to determine the fulfillment of the right to reduce the sentence period (remission) for prisoners at the Parepare Class IIA Correctional Institution. To find out the factors that hinder the implementation of the right to reduce the sentence (remission) for prisoners at the Parepare Class IIA Correctional Institution. The research method was carried out using empirical juridical research. The research results show that the fulfillment of the right to reduce the criminal period (remission) in the Class IIA Parepare correctional institution has implemented the granting of remissions to prisoners in accordance with existing laws and regulations. The factors inhibiting the implementation of the right to reduce the criminal period (remission) for prisoners in the Parepare Class IIA Correctional Institution are juridical factors, institutional and human resource factors, facilities and infrastructure factors, factors of prisoner behavior, and cultural factors. Another factor is external factors, namely obstacles to remission that occur outside the prisoner himself, and outside the authority of the Class II A Parepare Penitentiary.
Kajian Yuridis Akta Perjanjian Pengikatan Jual Beli Hak Atas Tanah Abrana Wijaya; Suardi Suardi; Auliah Ambarwati
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 conducted with the aim of knowing the legal force of the deed of binding sale and purchase agreement on land rights (PPJB) made before a notary/PPAT and to find out the legal protection for the parties in the binding agreement on sale and purchase of land rights (PPJB). The type of research used in this study is normative research, which is a process of finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. Legal research that examines rules or norms is referred to as normative research, so the research method used is the Normative legal research method which will analyze the Deed of Sale Agreement (PPJB) of Land Rights. Based on the analysis of data and facts, in chapter four above, the following conclusions can be drawn: The legal force of the Sale and Purchase Agreement (PPJB) of Land Rights made before a Notary/PPAT, depending on where the sale and purchase agreement is made, if not before a public official (notary) then it becomes a private deed whereas if it is made by or before public officials, the deed becomes an authentic deed. This is in accordance with Article 1868 of the Indonesian Civil Code that a deed can become an authentic deed if it is made before the authorized public official at the place where the deed was made. And As for the legal protection for the parties, especially the buyer in a sale and purchase agreement that is carried out privately, the legal protection provided in the binding sale and purchase agreement is very strong because of the nature of proof of the binding sale and purchase agreement made before a public official in this case a Notary. Namely by signing the deed in front of a Notary or official appointed for signature validation (such as Consular Officers, Embassies, or Regional Heads starting from the Regent level and above) by explaining the contents first to the parties and then signing in front of a Notary or an authorized public official has very strong evidence in accordance with the evidence from the authentic deed.
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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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 Abrana Wijaya Aksah Kasim Amir Amir Auliah Ambarwati Elvi Susanti Syam Fachrul Rijal Fajar Hari Sandy Firmansyah Hibbu Herman Balla Herul Herul Jaka Syahrial Syarifuddin Kairuddin Karim Marwati Marwati Moch. Alafatah Alti Putra Muh. Akbar Fhad Syahril Muh. Nur Iksan Muhammad Natsir Muhammad Resky Dirgananda Nurdia Nurdia Patahillah Asba Phireri Phireri Saldi Saldi