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Amsir Law Jurnal (ALJ)
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 27159329     DOI : https://doi.org/10.36746/alj.v2i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Amsir Law Journal (ALJ) is a peer-reviewed journal published by Sekolah Tinggi Ilmu Hukum (STIH) Amsir. ALJ is published twice a year in April and October. This journal provides direct open access to content with the principle of free availability in the public interest and supports greater global knowledge exchange. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics: such as Criminal Law, Civil Law, Constitutional Law, Administrative Law, Human Rights, International Law, Islamic Law, Adat Law, Environmental Law, Sociology of Law, Criminology and Victimology and other parts related to contemporary problems in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 3 No 2 (2022): April" : 5 Documents clear
Eksistensi Hukum Internasional terhadap Hukum Nasional dalam Pembuatan Perjanjian Internasional Laitupa, Salma; Dewi Kartika, Eka; Yasser Arafat J., Fadly
Amsir Law Journal Vol 3 No 2 (2022): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v3i2.61

Abstract

The existence of international law has been accepted, recognized and respected as a legal norm that governs the international community. The rules of international law can be accepted and adapted in the national law of countries. The mechanisms and procedures used by each country to apply international law at the national level are not uniform. One of the main reasons is because they consider this a part of state sovereignty. As a system of norms, international law is based on the highest norms that function as an assessor of the validity of international agreements made between countries. The highest norms in international law are called peremptory norms (jus cogens). Therefore, an international agreement cannot be valid when an international agreement conflicts with the highest norms in international law
Testing the Principle of Praesumtio Iustae Causa in State Administrative Disputes During Pandemic Fitriani Sukri, Indah; Rasna, Rasna
Amsir Law Journal Vol 3 No 2 (2022): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v3i2.62

Abstract

In the implementation of the state administrative decree, the principle of praesumtio iustae causa is known as part of the implementation of the state administrative decree to resolve state administrative disputes. This principle means that a state administrative decision is always considered valid. This research has the aim of providing protection for the rights of the people that originate from individual rights as well as providing protection for the rights of the community based on the common interests of individuals in the community. The government has an obligation to promote the general welfare as stated in the constitutional mandate. In carrying out this obligation, the government takes regulatory and administrative law enforcement actions. The research method used is descriptive normative research, judging from the effectiveness of this principle is considered valid. And not only that, the possibility of disputes in the state administrative area occurring in the current pandemic era sees this case being included in the area of state administration, even these disputes are often found in the government. The conclusion is Article 65 of Law Number 30 of 2014 concerning Government Administration, what is protected is the interests of the wider community who will be harmed by the issuance of the government decree. So that with the provisions in Article 65 of Law Number 30 of 2014 concerning Government Administration, it can add options for the community to get wider legal protection for the issuance of a government decree/action.
The Urgency of Building Legal Awareness on Care of Children in the Family Suud Sarim Karimullah
Amsir Law Journal Vol 3 No 2 (2022): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v3i2.66

Abstract

This paper presents an understanding of the urgency of building legal awareness of child care in the family to provide a legal sense of the importance of sustainable child care amid social life by sticking to the applicable legal rules. This study used a juridical-normative approach by referring to various legal instruments that apply in Indonesia. Then, to add references in this study, other legal materials relevant to the object of study are systematically studied. Furthermore, the results of this study explained that the protection of children is the responsibility and obligation of all elements of the nation, not only for certain groups, which can be found in the explanation in Law No. 39 of 1999 concerning Human Rights, as explained in the provisions of Article 52 that every child has the right to protection by parents, family, society and the state. Children’s rights are human rights, so for their interests, children’s rights are recognized and protected by law even when they are in the womb.
Perbandingan Pidana Mati dalam Perspektif Hukum Islam dan Hukum Pidana Indonesia Saharuddin, Saharuddin; Rasyid, Muh. Fadli Faisal
Amsir Law Journal Vol 3 No 2 (2022): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v3i2.67

Abstract

We are all aware that death awaits us, the problem here is when and how we are picked up by death itself. For most humans, death is a very scary event, but there are also those who are picked up by death in a state of calm and peace. What about those whose deaths are decided by fellow human beings, this has always been a difference between society in general and scholars in particular. From year to year and even now, discussions about the pros and cons of imposing the death penalty continue to be an endless discussion. On the one hand, the death penalty is considered to be effective in deterring perpetrators, but on the other hand, the implementation of the death penalty is like usurping the author's authority. Indeed there is no statistical evidence that crime will decrease if the death penalty is applied in a country. On the other hand, if it is not applied, it has not been proven that in a country crime is increasing.
Professional Ethics of Legal Advisors or Advocates when Proceeding in Court Permata, Chusnul Qotimah Nita; Haidarrani, Ananda; Sumbowo, Eri Bambang Budi
Amsir Law Journal Vol 3 No 2 (2022): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v3i2.79

Abstract

This study aims to determine the professional ethics of a legal advisor or advocate when proceeding in court. This study uses a quantitative approach. Data were collected using the document study method conducted by the author. The conclusion can be stated that the advocate profession, in which the concept of an advocate is an officer of the court or in the language of Law Number 18 of 2003 concerning Advocates, an advocate is a law enforcer. As a law enforcer, upholding ethics from the perspective of the advocate profession is very contextual and therefore the next discussion will be followed on how the position and role of the advocate professional organization in upholding the ethics. Professional organizations have a Code of Ethics that imposes obligations and at the same time provides legal protection to each of its members in carrying out their profession. Advocates as a respectable profession who in carrying out their profession are under the protection of the law, the law and the Code of Ethics must maintain the image and dignity of the honor of the profession, as well as be loyal and uphold the Code of Ethics and Professional Oath, whose implementation is supervised by the Honorary Council. The Indonesian Advocate Code of Ethics is the highest law in carrying out the profession, which guarantees and protects but imposes an obligation on every advocate to be honest and responsible in carrying out their profession, especially when proceeding in court.

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