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All Journal Al-'Adl International Journal of Business, Law, and Education Jurnal Litigasi Amsir
Mannan, Khaerul
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Comparison Of Direct Regional Head Election Systems In The Context Of Global Construction Law Mannan, Khaerul
International Journal of Business, Law, and Education Vol. 4 No. 2 (2023): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v4i2.352

Abstract

This article analyzes the comparison of regional head election systems directly in the context of global constitutional law. The background to this research is driven by the complexity and diversity of regional head election systems implemented in various countries, as well as their impact on global state governance which is increasingly connected and interdependent. The main objective of this research is to understand the differences and similarities in these systems, identify the factors that influence the choice of the regional head election system, and explore the implications for global constitutional law issues. The research methods used involve literature analysis, comparative studies, and a review of various regional head election models, both based on direct elections and representative systems. The research results show that the direct regional head election system has the potential to increase public participation and accountability, by focusing on democratic principles. However, its implementation can also pose challenges, such as fragile political stability and the protection of minority rights which is often a concern. This research concludes that a deeper understanding of the direct regional head election system and its implications for global state governance is very important in efforts to build global statecraft law that is more inclusive and sustainable. This article contributes to the literature discussing global constitutional law issues and can be a guide for researchers, legal practitioners, and policymakers in planning and evaluating regional head election systems.
Membedah Anatomi Kejahatan Terorganisir: Studi Putusan Permufakatan Jahat di Era Digital Kurniawan, Kurniawan; Mannan, Khaerul; Darwis, Muammad
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze malicious consensus in narcotics cases in verdict number 101/Pid.Sus/2020/PN. Pre and the consideration of the panel of judges in imposing the sentence. Using normative research methods, this study examines legal norms, principles, theories, and legal arguments related to the case. The results of the analysis show that the defendant is legally and convincingly proven guilty of committing the crime of "without rights or against the law, carrying out an attempt or malicious conspiracy to commit a criminal act of narcotics and a precursor, namely possessing, storing, possessing, or providing Class I narcotics that are not plants" as contained in the Narcotics Law. The panel of judges considered that the defendant was responsible for his actions because when committing the crime, the defendant was in physical and spiritual health and was aware of the impact of his actions.
Kajian Yuridis Bentuk Tindak Pidana Pemerasan dan Pengancaman Sapriani, Resky; Mannan, Khaerul; Darwis, Muhammad; Hibbu, Firmansyah; Andi Sapada, Rachman Rizal
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This research aims to understand the judge's considerations in delivering a verdict on the criminal acts of extortion and threats in decision number 205/Pid.B/2021/PN.Pre and to determine the application of substantive law to the criminal acts of extortion and threats in decision number 205/Pid.B/2021/PN.Pre. This research employs a normative legal research approach. The research findings indicate that the basis for the judge's considerations in imposing a criminal verdict on the Defendant in decision number 205/Pid.B/2021/PN.Pre is in accordance with both juridical and non-juridical aspects. The panel of judges considered imposing criminal sanctions based on the indictment by the Public Prosecutor, which applied Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) regarding the criminal act of threats. Therefore, the author agrees that the imposition of criminal sanctions against the Defendant is appropriate and sufficiently deterrent to the perpetrator. The application of substantive criminal law by the judge against the perpetrator of the criminal act in Decision Number 205/Pid.B/2021/PN.Pre was accurate. The Public Prosecutor used a single charge, namely the first charge, which violated Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) concerning the criminal act of threats. Among the elements of the Article charged by the Public Prosecutor, it was proven beyond a reasonable doubt that the Defendant's actions fulfilled the elements of Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) regarding the criminal act of threats.
Ketidakpastian Hukum dalam Perlindungan Pekerja di Era Digitalisasi dan Otomatisasi B, Herman; Mannan, Khaerul; Saputra, Iswandy Rani
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Global technological changes, including automation, digitalization, and the adoption of artificial intelligence, have created significant transformations in the labor market. The World Economic Forum (2020) reported that 85 million jobs may be displaced bymachines by 2025, while 97 million new roles will emerge, requiring different skill sets. In Indonesia, this transformation affects the legal protection of labor, particularly in aspects of employment relations, the right to decent work, and legal certainty for contract and outsourced workers. This study employs a normative juridical method with a statutory and literature-based approach to examine how the Indonesian labor law system responds to these challenges. The findings indicate that although Law No. 13 of 2003 and its amendment through Law No. 11 of 2020 (Omnibus Law on Job Creation) aim to address labor market dynamics, the existing legal framework has not fully accommodated protections for workers affected by automation and platform-based employment (gig workers), as seen in more proactive approaches in countries like Germany, Japan, and Canada. Therefore, a more inclusive and progressive regulatory approach is needed, including legal recognition of new forms of employment and universal social protection, to ensure that Indonesia's labor system can adapt effectively to global technological shifts.
Tindak Pidana Pencurian Dengan Kekerasan Zulfikar, Zulfikar; Mannan, Khaerul; Phireri, Phireri
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 study aims to find out the application of material criminal law by judges in the case of the Barru PN decision number 96/Pid.B/2021/PN.Barru and to know the judge's material legal considerations in the Barru PN decision case number 96/Pid.B/2021/PN .Barru. The research method used in this paper is normative research. The results of the research show that the Judge in deciding case Number 96/Pid.B/2021/PN.Barru was right and in accordance with the provisions of material and formal criminal law so that the decision was legally valid. In connection with all the elements legally and convincingly fulfilled according to law, it can be concluded that the elements of the crime of theft with violence have been fulfilled. The judge's considerations in imposing criminal sanctions on the perpetrators of the crime of theft with violence in decision number: 96/Pid.B/2021/PN.Barru namely by seeing that all the elements of the article in the Indictment are fulfilled in the form of a single indictment Article 365 paragraph 1 of the Criminal Code which is based on 2 (two) pieces of evidence plus the conviction of the judge. In addition, the judge in imposing criminal sanctions must consider mitigating and aggravating circumstances for the defendant
Analysis of Liability Models in the Juvenile Justice Drama Series from a Criminal Law Perspective Prayudi; Purwanda, Sunardi; Sabir, Muhammad; Tijjang, Bakhtiar; Mannan, Khaerul
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i2.13928

Abstract

Juvenile crime constitutes a complex legal phenomenon that cannot be separated from the influence of the social environment, particularly the involvement of adults surrounding the child. The television drama Juvenile Justice portrays juvenile crime not merely as an individual act, but as the result of power relations, neglect, and exploitation by adults who bear legal duties of supervision and protection. This study aims to analyze patterns of adult involvement in juvenile crime and to assess the relevance of the doctrine of vicarious liability from a criminal law perspective. Employing normative legal research with a qualitative approach, this study applies both conceptual and case-based approaches. The data were derived from primary and secondary legal materials, complemented by scene analysis of Juvenile Justice as an object of popular culture studies. The findings indicate that juvenile अपराध in the series is structurally connected to the role of adults, either through failures of supervision or through active involvement that facilitates the commission of criminal acts. The doctrine of vicarious liability is therefore considered relevant as a legal instrument for extending criminal responsibility to adult actors who make significant contributions to juvenile crime, without undermining the principles of legality and culpability. This study concludes that the application of vicarious liability may serve as a more just and proportionate alternative within the juvenile criminal justice system by allocating criminal responsibility in a balanced manner between child offenders and the adult actors operating behind the commission of the crime.
Co-Authors Andi Sapada, Rachman Rizal B, Herman Darwis, Muammad Hibbu, Firmansyah Indradewa, Rhian Kurniawan Kurniawan Muh. Darwis Muhammad Sabir Phireri, Phireri Prayudi Sapriani, Resky Saputra, Iswandy Rani Sunardi Purwanda Tijjang, Bakhtiar