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All Journal Jurnal Litigasi Amsir
Ayu Chairun Nisa
Fakultas Hukum Universitas Syekh Yusuf Al-Makassari
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kekuatan Pembuktian Akta Dibawah Tangan Dalam Hukum Acara Perdata Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out and analyze the strength of proof that an underhanded deed can provide legal certainty and to find out and analyze the weaknesses of proving an underhanded deed as evidence. This research uses normative-empirical research. The study results show the strength of proof of an underhanded deed to provide legal certainty if it fulfils the requirements and value of the underhanded deed, where the evidentiary requirements contain events that form the basis of a right or engagement affixed to the signature and made by the parties. Parties without the help of officials. Whereas in terms of the proof value of an underhanded deed, if from the echtheidsprosedure it cannot be proven the correctness of the signature on the underhanded deed, it means that the person concerned is deemed correct in dismissing it and the underhanded deed is aborted as evidence that has value. Conversely, if the signature on the private deed can be verified from the echinoids procedure but is still denied by the person concerned, it is a fact that the judge has found the truth of the statement above the private deed by itself also becomes sufficient evidence for the judge to consider. And the weakness of proving the deed under the hand is only limited to the formal and material sense, not the sense of birth. Because of this, what appears to be an underhand deed is not binding as evidence and becomes a real weakness in the trial, so in itself, it can become a basis for refusing to fulfil the contents of the agreement even if the statement and the contents of the agreement are recognized and justified.
Memahami Kompleksitas Hukum: Penanganan Penyalahgunaan Narkotika oleh Anak di Kawasan Makassar Murdiono Murdiono; Ayu Chairun Nisa
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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Abstract

This research aims to analyze the application of the law towards criminal abuse of narcotics committed by children in Makassar City (Case Study Decision: Number 8/Pid.Sus-Anak/2020/Pn Mks). The research method used is a non-doctoral (empirical) legal research method. This research uses primary and secondary data in studying analyzing, and analyzing norms, rules and judge considerations in court decisions regarding the abuse of narcotics crimes committed. by children in Makassar City.
Keadilan Kontraktual dalam Kebijakan Penghangusan Kuota Internet Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 13 No 3 (2026): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the legal construction of the enforceability of the forfeited quota in the contractual relationship between operators and consumers, as well as legal protection against the policy of forfeiture of the remaining quota from the perspective of civil law. The problem arises from the practice of prepaid internet services that set a certain active period so that the remaining quota cannot be used when the period ends, even though the payment value has been issued by the consumer. This study uses a normative legal method with a legislative approach and an analytical approach to primary, secondary, and tertiary legal materials. The results of the study show that the implementation of the forfeited quota can be formally understood as part of the service, but it must still be subject to the principles of propriety, good faith, transparency, and balance in the agreement. The policy of forfeiture of the remaining quota requires a fairer arrangement so as not to cause unilateral losses to consumers and still provide legal certainty in digital transactions.
Co-Authors Murdiono Murdiono