Articles
<![CDATA[Lontara: Antara Religiusitas dan Kepercayaan ]]>
<![CDATA[Patahillah Asba]]>;
<![CDATA[Andi Andra Susastra]]>;
<![CDATA[Khaerul Mannan]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[In general, the Bugis-Makassar people have known a belief before knowing Islam. Their belief is called attorioloang, and in some places, they call it attorioloang. In general, Bugis-Makassarese people have known a belief before knowing Islam. Their belief is called attorioloang, and in some places, they call it attorioloang. This research aims to find out the extent of the influence of Religion and Belief from Lontara's point of view. The results of the study show that the diversity and belief of the Bugis-Makassar people, which is identical to Islam, is still full of syncretism practices between Islamic and pre-Islamic teachings. This belief is sometimes associated with sacred places such as Mount Bawakaraeng in Gowa or Bulu' Iowa in Amparita (Sidrap). Some esoteric texts, which are highly sacred by their adherents, contain teachings that marry Islamic Sufism with the concept of divinity (theology) and the concept of the pre-Islamic Bugis-Makassar universe (cosmology).]]>
<![CDATA[Penipuan dan Restorative Justice dari Perspektif Kriminologi ]]>
<![CDATA[Muh. Naim]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted to know the application of Restorative Justice in Fraud Cases at the Sidenreng Rappang Police and to find out the obstacles in the implementation of Restorative Justice at the Sidenreng Rappang Police. This research uses a normative-empirical type of research. The results of the study show that crime is seen as an act that harms others and damages social relationships. In contrast to criminal law which has withdrawn crime as a state problem and only the state has the right to punish, although indigenous communities can provide sanctions and the settlement of criminal cases of fraud through restorative justice at the Sidenreng Rappang Police does not abolish criminal acts because the case is only terminated by investigating reasons for not finding sufficient evidence. The termination of the investigation is stated in the Decision Letter on the Termination of Investigation which is followed up by the Order of Termination of Investigation (SP3). The SP3 can be reopened at any time if it is submitted for pre-trial by one of the parties so that with the order of a court decision, investigations of criminal acts of fraud whose investigations have been stopped can be reopened.]]>
<![CDATA[Penerapan Hukum Terkait Pembagian Harta Gono-Gini Akibat Perceraian ]]>
<![CDATA[Ismail Candra]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Herman Balla]]>;
<![CDATA[Johamran Pransisto]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the application of law related to the division of gono gini property after divorce in case decision No. 273/Rev.G/2019/PA. Sidrap. This research uses a normative-empirical type of legal research. The results of the study showed that the application of the law related to the division of gono gini property after divorce in general and based on the judgment of case No. 273/Rev.G/2019/PA. Sidrap in particular, where in the concept of common property there are several binding principles, namely 1. Property acquired during marriage; 2. Not looking at whose side is working, whether it is husband or wife; 3. Do not question on whose behalf the property or goods are; 4. Each party's share of the common property is half of the total property so long as during the marriage both parties carry out their respective obligations; 5. Mixing.property.acquired either by husband.wife.as long as.the marriage is lived into common property (property.syirkah) can be excluded in a marriage agreement (huwelijke voorwaarden).]]>
<![CDATA[Penegakan Hukum Terhadap Pelaku Tindak Pidana Penipuan Investasi Melalui Media Internet ]]>
<![CDATA[Suardi Suardi]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Muh. Nur Iksan]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 1 (2022): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[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.]]>
<![CDATA[Peran Penyidik Kepolisian dalam Penanganan Tindak Pidana Kekerasan dalam Rumah Tangga ]]>
<![CDATA[Andi Suhartini]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Herman Balla]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the role of police investigators in handling criminal acts of domestic violence in Sidenreng Rappang district. And to find out what obstacles are faced by police investigators in handling criminal acts of domestic violence in Sidenreng Rappang district. Type of Research The type of research used in this paper is Normative-Empirical research. The results of the study show that the role of Police Investigators from the Sidenreng Rappang Police in resolving domestic violence crimes in Sidenreng Rappang Regency can be done in two ways, namely through the Family Process (Penal Mediation); and through the legal process (Penal Policy). The Obstacles Faced by Police Investigators in Completing Domestic Violence Crimes in Sidenreng Rappang Regency are Obstacles in Regulations Related to Penal Mediation; Obstacles in the Legal Process; Barriers from the victim; Obstacles From Actors; Barriers from the Family; and Obstacles From the State.]]>
<![CDATA[Kajian Yuridis Perlindungan Hukum Saksi Pelaku Yang Bekerjasama Dalam Undang-Undang Perlindungan Saksi dan Korban ]]>
<![CDATA[Surya Anggraeni]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Moch. Alfatah Alti Putra]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the legal protection of witness witnesses who cooperate in the Law on the Protection of Witnesses and Victims. To find out the legal vacuum for the protection of witnesses for perpetrators who cooperate in the law for the protection of witnesses and victims. This study uses the type of normative legal research. The research results show that Law Number 31 of 2014 concerning the protection of witnesses and victims provides protection and assistance to witnesses and victims. The protection that is meant here is as a place of refuge and protection for someone who needs it as a result he feels safe against the threats around him. courts and judges, including the Supreme Court as an institution of judicial power, play an important role in filling the legal vacuum (rechtsvacuum). work together (Justice Collaborator).]]>
<![CDATA[Kajian Yuridis Diskresi Kepolisian Dalam Hal Pembelaan Diri Terhadap Pelaku Kejahatan ]]>
<![CDATA[Herman Herman]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Iswandy Rani Saputra]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 11 No 1 (2023): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority, but police actions that must be accounted for based on applicable laws and norms as well as the factors that cause police discretion to be exercised, namely the perpetrators do not heed the appeals of members in the field such as warning shots and calls for surrender or the perpetrators put up resistance against members or the public. that's there.]]>
<![CDATA[Pembelaan Diri Terhadap Pelaku Kejahatan: Telaah Yuridis Terkini atas Diskresi Kepolisian ]]>
<![CDATA[Herman Herman]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Iswandy Rani Saputra]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 11 No 2 (2024): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority, but police actions that must be accounted for based on applicable laws and norms as well as the factors that cause police discretion to be exercised, namely the perpetrators do not heed the appeals of members in the field such as warning shots and calls for surrender or the perpetrators put up resistance against members or the public. that's there.]]>
<![CDATA[Kedudukan Fudisia Sebagai Jaminan Pemberian Kredit ]]>
<![CDATA[Muh Rusli]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Lia Trizza Firgita Adhilia]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the procedure for granting credit with a fiduciary guarantee at PT BPR Hasamitra Sidenreng Rappang. And to find out the rights and obligations of the giver and recipient of a fiduciary guarantee in the event of a credit default at PT BPR Hasamitra Sidenreng Rappang. The type of research in this study is normative and empirical, which in other words is a type of sociological legal research and can also be called field research. The results of the study show that in the implementation of providing credit with fiduciary guarantees to customers, PT BPR Hasamitra Sidenreng Rappang has stages or procedures that must be carried out first. The difference is in granting credit with a fiduciary guarantee, after going through the stages of the procedure for granting a fiduciary guarantee, then a Fiduciary Deed must be drawn up at a notary to provide legal certainty and then registered with the Fiduciary Registration Office to provide legal certainty and give priority to creditors who register collateral. the fiduciary to the Fiduciary Registration Office. And creditors (fiduciary recipients) or PT BPR Hasamitra Sidenreng Rappang and Debtors (fiduciary givers) have their respective rights and obligations that must be fulfilled and implemented. Especially if the debtor defaults and is at risk, if the default can be carried out by auction or underhand sales, whereas if there is a risk of damage or loss of goods, then they are replaced with collateral that is the same value as the previous collateral.]]>
<![CDATA[Urgensi Olah Tempat Kejadian Perkara Dalam Proses Pembuktian ]]>
<![CDATA[Muhammad Jasman]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Iswandy Rani Saputra]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out with the aim of carrying out the collection of evidence at the crime scene in the investigation process and finding out the function of the crime scene (TKP) in the investigation. The type of research used in this research is normative and empirical research or what is usually legal research which combines the two. The results of the study show that evidence and evidence are very important for the investigation process carried out by the Pinrang Police investigators. Evidence and evidence can usually be found at the crime scene. The implementation of the collection of evidence and evidence at the crime scene carried out by the Semarang Polrestabes was in accordance with the procedures and regulations currently in force. As well as the function of processing the scene of a case in an investigation is to determine whether an event suspected of being a crime is a crime or not; clarify who is the perpetrator of the crime that occurred; and seek and collect evidence at the scene of the incident for the benefit of further investigation.]]>
