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

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Penerapan Hukum Terkait Pembagian Harta Gono-Gini Akibat Perceraian Ismail Candra; Patahillah Asba; Herman Balla; Johamran Pransisto
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

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).
Diversi: Anak yang Berhadapan Dengan Hukum Herman Balla
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 Research discusses diversion implementation by the police station of Sidenreng Rappang as the alternative to resolving criminal cases of children in conflict with the law. As for that to be special-purpose from this research: the first, describe the diversion implementation as the alternative resolving criminal case children in conflict with the law; the second, Describe the form of diversion as mediation penal that implementation in Sidenreng Rappang Police station; the third Conclude any obstacles faced in diversion implementation as the alternative resolving criminal case children in conflict with the law of Sidenreng Rappang Police station. The result of this research is the implementation of diversion can be more optimal. In case to solve the problem of children especially child crime for guarantee legal certainty for children in conflict with the law. This process usually settles out of court, that is through diversion based on the approach of restorative justice in the Sidenreng Rappang region. Therefore, not many children have required to carry out criminal liability should the age children get construction according to their age.
Penimbunan Bahan Bakar Minyak (BBM) Tanpa Izin yang Disubsidi Pemerintah dalam Persperktif Pidana Muhammad Aksah Sahudi; Herman Balla; Auliah Ambarwati
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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This study aims to determine the application of criminal sanctions against the perpetrators of the Hoarding of Fuel Oil (BBM) Without a Government Subsidized Permit based on the Case Study in Decision No. 266/Pid.Sus/2019/PN.Pli and To find out the judge's considerations in imposing a crime on the Crime of Stockpiling Oil Fuel (BBM) Without a Government Subsidized Permit based on the case study in Decision No. 266/Pid.Sus/2019/PN.Pli. This study uses a type of normative research with a statutory approach (statute approach) and approach (study) case (case approach). Sources of legal materials use primary legal materials and secondary legal materials. The results of the research show that the application of criminal sanctions against the perpetrators of the stockpiling of government-subsidized fuel oil (BBM) is based on the case study in decision No. 266/Pid.Sus/2019/PN.Pli the public prosecutor charged the defendant with alternative charges, namely Article 55, Article 53 letter b, and Article 53 letter c of Law Number 22 of 2001 concerning Oil and Gas, and the judge imposed criminal sanctions against the defendant based on the public prosecutor's third alternative indictment. The judge's considerations in imposing a sentence on the crime of hoarding fuel oil (BBM) without a permit subsidized by the government is based on the case study in decision no. 266/Pid.Sus/2019/PN.Pli namely by looking at aspects of juridical considerations including witness statements, evidence, and the defendant's statement resulting in legal facts that were revealed in court then the judge considered the elements contained in Article 53 letter c of the Law -Law Number 22 of 2001 concerning Oil and Natural Gas to impose a sentence on the defendant, and the judge considers aggravating and mitigating circumstances for the defendant.
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 Penyidik Kepolisian dalam Penanganan Tindak Pidana Kekerasan dalam Rumah Tangga Andi Suhartini; Patahillah Asba; Herman Balla
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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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.
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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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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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).
Kajian Yuridis Tindak Pidana Pencurian Dengan Pemberatan Bahtiar Bahtiar; Muh. Natsir; Herman Balla
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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This research was conducted with the following objectives to find out the application of material criminal law to the crime of theft by weighting in Decision Number: 263/Pid.B/2021/PN.PIN; and for the judge's consideration in deciding on the crime of theft with a weight in Decision Number: 263/Pid.B/2021/PN.PIN. The type of research used in this paper is the type of research used is Normative Legal Research which is legal research conducted by examining library materials or secondary data. Normative legal research is also known as doctrinal legal research. The results of the study: 1. The application of material criminal law by judges to Article 363 paragraph (1) to 4 of the Criminal Code in conjunction with Article 65 paragraph (1) of the Criminal Code. Where the actions and the elements of the Article match each other; 2. Legal considerations by the judge regarding accountability for the actions committed by the defendant with the consideration that at the time of committing his actions, the defendant was aware of the consequences, apart from the above, the judge also did not see any justification or excuses that could eliminate the unlawful nature of the act. Defendant.
Urgensi Criminal Liability dalam Rangka Pembaharuan Punishment System Criminal of Law Herman Balla; Iswandy Rani Saputra
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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The Criminal Code (KUHP) is not in accordance with the values prevailing in society. Guidelines in the formulation of crimes are currently only concerned with the provisions of criminal acts and mistakes without including the purpose and principles of punishment. This article aims to determine the urgency of the purpose and guidelines for criminalization to be formulated / formulated in the Criminal Code, and to analyze how the objectives and guidelines for punishment are formulated and integrated in the reform of the criminal system in the future. This article uses a normative juridical approach with a statutory and conceptual approach. The results of the study show the urgency of the objectives and guidelines for punishment due to the problems associated with the aging of the Criminal Code at this time and the development of problems that arise in the midst of public life and criminal guidelines are the basic provisions that give direction, which determine in the imposition of a criminal. instructions for judges in applying and imposing crimes. In the future the welfare and protection of the community can be realized and as a guarantor there is no decrease in the degree of humanity / dehumanization in the implementation of crimes
Peran Locus dan Tempus Delicti dalam Menentukan Kompetensi Pengadilan pada Kasus Kejahatan Siber Herman Balla; Jumardin Jumardin; Aksah Kasim; Abraham Kala Pappa
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to analyze the determination of locus and tempus delicti in cybercrime cases and their influence on court competence and law enforcement effectiveness. The research method used is normative research with a legislative approach. The results of the study show that the determination of locus and tempus delicti in cybercrime becomes complex because these crimes can be carried out from various different locations and at times that are difficult to determine with certainty. Several theories can be used to determine locus delicti, such as the theory of material action, the theory of tools used, and the theory of effect. Tempus delicti can be determined by looking at file logs or activity logs in the computer system. The determination of locus and tempus delicti greatly affects the competence of the court and the validity or not of the indictment. Further research, comprehensive policy development, international cooperation, and criminal law updates relevant to technological developments are needed to address these challenges and ensure effective and fair law enforcement against cybercrime.
Co-Authors Abraham Kala Pappa Aksah Kasim Andi Suhartini Auliah Ambarwati Bahtiar Bahtiar Fachrul Rijal Fajar Hari Sandy Ismail Candra Johamran Pransisto Jumadi S Jumardin Jumardin Muh. Natsir Muhammad Aksah Sahudi Nurdia Nurdia Patahillah Asba Saputra, Iswandy Rani Siswanto Siswanto Suardi Suardi