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

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Studi Kritis Terhadap Dasar Pertimbangan Hakim dalam Menjatuhkan Putusan Tindak Pidana Perjudian Saldi Saldi; Muhammad Natsir; Suardi Suardi; Elvi Susanti Syam; Herul Herul; Firmansyah Hibbu
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to analyze the judge's considerations and the application of the law in the decision of the gambling crime case at the Parepare District Court No. 20/Pid.B/2023/Pn Pre. Using normative and empirical legal research methods, this study found that the judge considered the testimony of witnesses, defendants, indictments and prosecutors' demands, as well as evidence, so that the elements of Article 303 of the Criminal Code were declared fulfilled. The defendants were legally and convincingly proven to have committed the crime of gambling. The judge also granted leniency due to mitigating circumstances, namely two elderly defendants.
Implementation of laws Tentang Peraturan Kepolisian No. 7 Tahun 2022 Tentang PTDH Dalam Rangka KEPP Salman Sahrir; Elvi Susanti Syam; Aburizal Fatwa Ramli; Muhammad Natsir
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine and analyze the Role of the Police in enforcing the Code of Ethics of the Republic of Indonesia National Police at the Parepare Police Station who were convicted according to Police Regulation No. 7 of 2022 and the factors causing PTDH (Dishonorable Dismissal) against Police Members at the Parepare Police Station. This study uses a normative empirical research method with a legislative and social approach. The data sources used are primary and secondary data. Funding analysis will be conducted using a qualitative prescriptive approach. The results of this study are the Role of the Police in Enforcing the Code of Ethics of the Republic of Indonesia National Police at the Parepare Police Station, which is Criminalized According to Police Regulation Number 7 of 2022, is by serving complaints/reports related to violations by members of the National Police/PNS Polri, Organizational and Internal Security, Advocacy of leadership and service to the community, professional and proportional law enforcement by upholding Law and Human Rights and increasing internal consolidation in an effort to harmonize enforcement of regulations for police members and Factors Causing Dishonorable Dismissals Against the National Police at the Parepare Police Station because the police member in question has been proven to have committed a crime of narcotics abuse and also previously committed a crime of Domestic Violence (KDRT).
Legal Liability Peran Mucikari Terhadap Implementasi Undang-Undang TPPO di Makassar Muhammad Yusuf Muhlis; Andi Mardaya; Elvi Susanti Syam; Afi Kamilia
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to determine and analyze the implementation of legal provisions governing the responsibilities of pimps in eradicating the crime of human trafficking according to Law Number 21 of 2007 and what factors are obstacles in the investigation and inquiry process related to the role of pimps. This research uses a Normative Empirical research type with a Legislative Approach and a Social Approach. The data sources used are Primary Data and Secondary Data. Data analysis will be conducted using an observational-sensory and theoretical-rational approach using a reasoning model that first uses inductive logic and then continues with deductive logic. The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death. The implementation of criminal responsibility for pimps will be successful or fail depending on the law enforcement officers in the matter of evidence in the trial later and The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death.
Antara Rehabilitasi dan Pengulangan Kejahatan: Analisis Pola Pembinaan Residivis di Rutan Zulfikar Zulfikar; Elvi Susanti Syam; Tegar Bimantoro; Armin Hasti
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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The study examines the implementation and effectiveness of inmate development programs at Rumah Tahanan Negara (Rutan) Kelas IIB Barru in preventing recidivism within Indonesia’s correctional system, which has shifted from a retributive prison model to a rehabilitation-oriented “pemasyarakatan” paradigm grounded in Pancasila and the 1945 Constitution. Using an empirical legal research method with social and case approaches, this research analyzes how structured stages of personality and self-reliance training, as well as religious and skills-based programs, are applied to both first-time offenders and repeat offenders. The findings indicate that although Rutan Barru formally implements a tiered pattern of coaching (initial, advanced, and final stages), the absence of differentiated treatment for recidivists, limited relevance of vocational training to labor market needs, and institutional constraints arising from its dual function as both Rutan and de facto Lapas reduce the overall impact on reducing repeat offending. Recidivism is shown to result from a combination of internal factors (age, low legal awareness, weak religiosity, distorted perceptions) and external factors (family dysfunction, economic hardship, social stigma, and prisonization effects), which hinder social reintegration despite the existing coaching efforts. The study concludes that more targeted, needs-based, and collaborative rehabilitation programs supported by families, communities, and a more humanistic legal framework are required to effectively prevent reoffending and realize the goals of the national correctional system.
Co-Authors Aburizal Fatwa Ramli Afi Kamilia Andi Mardaya Armin Hasti Firmansyah Hibbu Herul Herul Muhammad Natsir Muhammad Natsir Muhammad Yusuf Muhlis Saldi Saldi Salman Sahrir Suardi Suardi Tegar Bimantoro Zulfikar Zulfikar