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

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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.
Melindungi Generasi Muda: Penegakan Hukum Terhadap Narkotika Anak Rahma Rahma; Muh. Natsir; Muh. Tahir
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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This research aims to examine the considerations of judges in imposing sanctions on drug cases involving minors in group I (Decision Study Number 42/Pid.Sus.Anak/2022/PN.Mks) and the solutions for handling drug cases involving minors in the city of Makassar. This research employs a normative legal research method focusing on positive law, legal principles and doctrines, legal discovery in cases, legal systematics, comparative law, and legal history. The findings reveal that the judges' considerations in imposing sanctions based on Decision Number 42/Pid.Sus.Anak/2022/PN.Mks involve witness statements, available evidence, juridical facts, and indictments from the public prosecutor, with the primary consideration being the defendant's minor status. Efforts to address drug cases involving minors in Makassar include establishing a national narcotics agency, enacting specific narcotics legislation, and providing drug counseling and rehabilitation for children involved in or exposed to drug abuse.
Penegakan Hukum Terhadap Kejahatan Judi Togel Online Muhadi Rahmat; Muh. Natsir; Muh. Darwis
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
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 inhibiting factors in overcoming the crime of online togel gambling in the legal area of ​​the Sidrap Police and to find out the process of law enforcement against the perpetrators of the crime of online togel gambling in the legal area of ​​the Sidrap Police. The type of research used in this writing is an empirical juridical approach because the problems studied are approached from society, law, and legal institutions, while the specifics of the research used are descriptive research, which means the problem-solving procedures studied are described by describing legal objects and subjects in the present day based on existing facts. The results of the study on the inhibiting factors in overcoming the crime of online lottery gambling in the jurisdiction of the Sidrap Police include law enforcement factors, facilities and facilities factors, punishment factors, server factors in countries that legalize gambling, factors using virtual private networks (VPN), community factor; and the law enforcement process against the perpetrators of the crime of online togel gambling in the legal area of ​​the Sidrap Police with the Suspect Sututi or ​​Suti Bin Sulong it has been proven to have committed the act of gambling or every person who intentionally and without rights distributes and/or transmits and/or makes accessing electronic information and/or electronic documents that have gambling content as referred to in the formulation of Article 303 paragraph (1) 2nd Criminal Code or Article 45 paragraph (2) Jo. Article 27 paragraph (2) of Law Number 19 of 2016 concerning Law Number 11 of 2008 concerning Information and Electronic Transactions.
Co-Authors Bahtiar Bahtiar Herman Balla Muh. Darwis Muh. Tahir Muhadi Rahmat Rahma Rahma