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Muh. Darwis
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada

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Dinamika Pembatalan Hak Atas Tanah: Sebuah Tinjauan Yuridis Komprehensif Asrullah Asrullah; Kairuddin Karim; Muh. Darwis; Muh. Akbar Fhad Syahril
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 study examines the factors causing the cancellation of land rights due to administrative defects and the mechanism for cancellation. Using normative and empirical juridical approaches, this study examines Agrarian law regulation and practice in the field. As a result, cancellations often occur due to falsification of data and misuse of identity, affecting the real landowner. The settlement of the case at the Pinrang Regency Land Agency Office refers to Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional RI No. 21 Tahun 2020.
Studi Kasus Tindak Pidana Penganiayaan Terhadap Saksi Korban Agung Samudra Iskandar; Muh. Sabir Rahman; 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 study aims to consider the legal considerations of judges in dropping cases of the abuse of witness victims in Parepare City (Case Study Number 117/Pid.B/2021/Pn.Pre), and the application of judges' law in deciding the Abuse of witness victims in Parepare City (Study case Number 117/Pid.B/2021/Pn.Pre) The type of research used in this research is normative research. The legal material used is primary legal material, namely binding legal material consisting of basic norms or rules, namely the Criminal Code, Law number 8 of 1981 concerning criminal procedural law, Parepare District Court decision Number 117/Pid.B /2021/Pn.Pre. The results of the research The judge's legal considerations in making a decision on the crime of persecution committed by the defendant in decision Number 117/Pid.B/2021.PN.Pre who received a sentence of imprisonment for 10 (ten) months was appropriate because, in the legal considerations by the judge, the defendant's actions are actions that are legally and convincingly guilty been proven guilty of committing the crime of mistreatment of the witness victim SAPRI SIBE Alias SAPRI Bin LA SIBE, based on the facts at trial and there is no justification, the defendant is also a person who according to law is capable of being responsible answer, the application of criminal law by the judge against the defendant of the criminal act of abuse committed by the defendant against the victim-witness in decision Number 117/Pid.B/2021/PN.Pre Article 351 paragraph 1 of the Criminal Code; regarding persecution and the application of this article is appropriate because of the elements the elements of criminal acts in the article have been proven to have been fulfilled.
Kajian Yuridis Tindak Pidana Kekerasan Dalam Rumah Tangga Asri Alawqiah; 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 aim of knowing the forms of domestic violence regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City in Parepare City throughout 2021-2022. The type of research used in this study is the type of research used in this research is normative and empirical research or commonly known as legal research which combines the two. The results of the research show that the form of Domestic Violence is caused by the occurrence of domestic violence starting from fights and also conflicts that occur as a result of differences of opinion and also debates that lead to violence both in the form of physical violence, namely beatings, kicks, and also encouragement made by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing, and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in Parepare City are individual factors, namely often drunk because of alcoholic beverages, those who grew up in difficult circumstances, perpetrators not used to controlling their anger, perpetrators have difficulty expressing feelings through words, people who experience pressure or stress due to work and not being able to deal with family matters as well as family factors which include chaotic family life, not loving and respecting each other, and not appreciating the role of women, lack of familiarity and social network relationships in the family, the nature of nuclear family life not the extended family. and Community factors consisting of poverty, urbanization that occurs accompanied by an income gap between residents, an environment with a high frequency of violence and crime to testify as a witness, namely about matters entrusted to them
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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Abstract

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.