Jurnal Litigasi Amsir
Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free availability for the public interest and supports a greater global exchange of knowledge.
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<![CDATA[Analisis Yuridis Pengolahan Data Fisik dan Yuridis Dalam Pendaftaran Tanah Menurut PP No 24 Tahun 1997 di Kantor Pertanahan Kabupaten Maros ]]>
<![CDATA[Johamran Pransisto]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to identify and analyze legal studies on the Effectiveness of Processing Physical Data and Juridical Data According to PP. No. 24 of 1997 concerning Land Registration, and knowing and analyzing the factors that influence the management of physical data and juridical data in the registration of land rights according to PP. No. 24 of 1997 concerning Land Registration, to prevent state administration disputes from arising at the Maros District Land Office. The type of research used is the type and descriptive research approach. The results of the study show that the implementation of the management of physical data and juridical data in the registration of land rights to prevent the emergence of state administrative disputes at the Maros Regency Land Office is to realize legal certainty through the management of physical data and juridical data in the bookkeeping of rights in the registration of land rights and implementing concretely and being accountable for administration certainty and presenting information on registration of land rights has not been carried out effectively and efficiently. To realize the effectiveness of the management of physical data and juridical data according to PP. No. 24 of 1997 concerning land registration at the Maros District Land Office to prevent state administrative disputes from arising is influenced by several factors, namely legal substance; Legal structure; and legal culture]]>
<![CDATA[Kajian Yuridis Terhadap Wanprestasi Perjanjian Utang Piutang ]]>
<![CDATA[Achmad Nur Miftahuddin]]>;
<![CDATA[Kairuddin Karim]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to find out the process of resolving default cases in debt and credit agreements and also to find out the legal considerations of judges in passing decisions on default cases in debt and credit agreements, especially in case Number 6/Pdt.G.S/2019/PN.Pre. This research uses a normative research type supported by statutory and case study approaches. The types and sources of data using primary, secondary, tertiary, and data analysis are studied qualitatively and descriptively. The research results show that in resolving this default case, all stages have been carried out and implemented. In this case, the judge has sought peace between the Plaintiff and the Defendant including advising the parties to make peace outside the court (mediation) this effort was not achieved, and the judge's legal considerations in deciding the case at the District Court of Parepare City Number 6/Pdt. G.S/2019/PN.Pre is correct and correct, in which the Defendants must pay off immediately and unconditionally all of the Defendants' credit arrears as required and agreed in the Defendants' Debt Acknowledgment Letter.]]>
<![CDATA[Penerapan Restorative justice Dalam Tindak Pidana Pelanggaran Lalu Lintas ]]>
<![CDATA[Zainul Akbar]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out aiming to find out the factors that impede the implementation of Restorative justice by the Enrekang Resort Police in the settlement of Traffic Crimes. And to find out the application of Restorative justice by the police in the settlement of traffic crimes. The type of research used in this research is normative law research and empirical research. The results of the study show that the settlement of traffic accidents using a Restorative Justice or ADR approach in the jurisdiction of the Enrekang Police has been running for traffic accidents caused by minor injuries. Settlement of traffic accidents through a Restorative justice legal approach can be carried out by means of ADR (Alternative Dispute Resolution) if the accident is in the Mild category. However, if there is a serious accident, Restorative justice cannot be used. Settlement of traffic accident cases using Restorative justice so that there is no accumulation of traffic accident cases. The obstacle that is often faced by investigators from the Traffic Accident Unit of the Enrekang Police in handling traffic accidents with a Restorative Justice approach is only a lack of understanding by some people about Law Number. 22 of 2009. Some people still think that it is the party who is injured or who crashes is the wrong party and Accidents involving Cars and Bicycles, Motorcycles, which are wrong are Cars or Motorcycles and pedestrians, which are wrong are motorcycles.]]>
<![CDATA[Perlindungan Hukum Terhadap Pelanggaran Hak Cipta Melalui Internet ]]>
<![CDATA[Asmaul Asmaul]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Lia Trizza Firgita Adhilia]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted aiming to find out the forms of copyright infringement that are carried out via the Internet and to find out the government's legal protection for copyright holders of songs on cassettes and compact disks whose copyrights are infringed via the Internet. The type of research used in this research is normative research. The results of the study show that Intellectual Property Rights, especially in the field of Copyright, are recognized by the existence of Law Number 28 of 2014 concerning Copyright which is used as a tool to protect ideas and new works by the Indonesian people. Under the law, copyright falls under Intellectual Property Rights (IPR), including patents, industrial design rights, trademark rights, integrated circuit layout design rights, and trade secret rights. There are several forms of copyright infringement on the internet, including creating websites for famous singers containing their songs, then creating sites containing songs from famous singers, there is also spreading videos of singers by uploading videos of these singers to Youtube sites without the knowledge of the singer or the owner of the singer's record label. As well as copyright protection with the existence of Law Number 28 of 2014 concerning Copyright, it contains a minimum and maximum amount of punishment that can be received by copyright violators, whether in the form of imprisonment or fines.]]>
<![CDATA[Kedudukan Fudisia Sebagai Jaminan Pemberian Kredit ]]>
<![CDATA[Muh Rusli]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Lia Trizza Firgita Adhilia]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the procedure for granting credit with a fiduciary guarantee at PT BPR Hasamitra Sidenreng Rappang. And to find out the rights and obligations of the giver and recipient of a fiduciary guarantee in the event of a credit default at PT BPR Hasamitra Sidenreng Rappang. The type of research in this study is normative and empirical, which in other words is a type of sociological legal research and can also be called field research. The results of the study show that in the implementation of providing credit with fiduciary guarantees to customers, PT BPR Hasamitra Sidenreng Rappang has stages or procedures that must be carried out first. The difference is in granting credit with a fiduciary guarantee, after going through the stages of the procedure for granting a fiduciary guarantee, then a Fiduciary Deed must be drawn up at a notary to provide legal certainty and then registered with the Fiduciary Registration Office to provide legal certainty and give priority to creditors who register collateral. the fiduciary to the Fiduciary Registration Office. And creditors (fiduciary recipients) or PT BPR Hasamitra Sidenreng Rappang and Debtors (fiduciary givers) have their respective rights and obligations that must be fulfilled and implemented. Especially if the debtor defaults and is at risk, if the default can be carried out by auction or underhand sales, whereas if there is a risk of damage or loss of goods, then they are replaced with collateral that is the same value as the previous collateral.]]>
<![CDATA[Simplikasi Kedudukan Anak Sumbang Dalam Penerimaan Harta Warisan Menurut Hukum Perdata ]]>
<![CDATA[Ahmad L]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out with the aim of knowing the legal status of a gifted child according to civil law and finding out the inheritance rights of a gifted child according to civil law. The type of method used is normative research. The research results show that the dissenting child cannot be recognized, thus the dissenting child does not have a civil relationship with his mother or father. As well as the inheritance rights of discordant children between Islamic law and the Civil Code have similarities and differences. The similarity is that both of them state that this child is an illegitimate child, so he does not have a family relationship with his father, which results in no mutual inheritance relationship between the two. An incestuous child cannot be assigned to his mother and father which causes the two of them to have no right to inherit each other, while in Islamic law a discordant child, even though this child may not be assigned to his father, this child is still assigned to his mother and the implication is that he can inherit and pass it on to his mother and father. his mother's family.]]>
<![CDATA[Penyelesaian Kredit Macet Dengan Jaminan Fidusia ]]>
<![CDATA[Rasman Rasman]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Lia Trizza Firgita Adhilia]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out aiming to find out the mechanism for the settlement of bad credit with fiduciary guarantees at PT Pegadaian Sidenreng Rappang Branch and to find out the obstacles that occur in efforts to settle bad loans with fiduciary guarantees at PT. Sidenreng Rappang Pawnshop. The type of research in this research is normative-empirical. The results of the study show that the mechanism for resolving bad loans using fiduciary guarantees begins with persuasive actions and obstacles that arise in resolving bad loans with fiduciary guarantees are the lack of honesty from debtors in conveying information and customers who try to obstruct the execution of collateral and customers who transfer third party collateral.]]>
<![CDATA[Kajian Yuridis Terhadap Tindakan Pencemaran Nama Baik ]]>
<![CDATA[Aftar Akbar]]>;
<![CDATA[Khaerul Mannan]]>;
<![CDATA[Iswandy Rani Saputra]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to find out about the application of criminal law in Decision No.219/Pid.Sus/2019/Pn.Pre and also to find out about the legal considerations of judges in imposing Decision No.219/Pid.Sus/2019/Pn.Pre. The type of research to be carried out is the normative approach method. The normative approach or commonly referred to as doctrinal research is an approach that is carried out by means of regulations reviewing literary materials such as legislation, theories, and legal principles related to the problem being tested. The application of the criminal law for defamation based on the Decision of the Parepare District Court No.219/Pid.Sus/2019/PN.Pre which states that the prosecution of the public prosecutor is unacceptable and the Defendant is immediately released from Detention is correct and appropriate based on applicable law. Furthermore, the legal considerations of the case judge No.219/Pid.Sus/2019/PN.Pre stated that the phrase in Article 319 of the Criminal Code, namely "except under Article 316" was declared contrary to the 1945 Constitution of the Republic of Indonesia and has no force. legally binding. So the consequence is that every government official or state official who feels insulted or defamed must report the offense himself. It is appropriate according to law and in line with the decision of the constitutional court No.31/PUU-XIII/2015. As a suggestion, it is hoped that investigators from the police are not in a hurry to determine someone who is being reported to be named a suspect and the prosecutor's office as a research prosecutor and at the same time acts as a public prosecutor to be careful and thorough in declaring a case to be complete and it is also hoped that the police and the Attorney General's Office to study more deeply about the application of the criminal complaint law so that in the future there will be no community members who feel disadvantaged due to an error in the application of the law and carefully consider taking measures to restrain the suspect/defendant.]]>
<![CDATA[Kajian Yuridis Akta Perjanjian Pengikatan Jual Beli Hak Atas Tanah ]]>
<![CDATA[Abrana Wijaya]]>;
<![CDATA[Suardi Suardi]]>;
<![CDATA[Auliah Ambarwati]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the legal force of the deed of binding sale and purchase agreement on land rights (PPJB) made before a notary/PPAT and to find out the legal protection for the parties in the binding agreement on sale and purchase of land rights (PPJB). The type of research used in this study is normative research, which is a process of finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. Legal research that examines rules or norms is referred to as normative research, so the research method used is the Normative legal research method which will analyze the Deed of Sale Agreement (PPJB) of Land Rights. Based on the analysis of data and facts, in chapter four above, the following conclusions can be drawn: The legal force of the Sale and Purchase Agreement (PPJB) of Land Rights made before a Notary/PPAT, depending on where the sale and purchase agreement is made, if not before a public official (notary) then it becomes a private deed whereas if it is made by or before public officials, the deed becomes an authentic deed. This is in accordance with Article 1868 of the Indonesian Civil Code that a deed can become an authentic deed if it is made before the authorized public official at the place where the deed was made. And As for the legal protection for the parties, especially the buyer in a sale and purchase agreement that is carried out privately, the legal protection provided in the binding sale and purchase agreement is very strong because of the nature of proof of the binding sale and purchase agreement made before a public official in this case a Notary. Namely by signing the deed in front of a Notary or official appointed for signature validation (such as Consular Officers, Embassies, or Regional Heads starting from the Regent level and above) by explaining the contents first to the parties and then signing in front of a Notary or an authorized public official has very strong evidence in accordance with the evidence from the authentic deed.]]>
<![CDATA[Penegakan Hukum Terhadap Perlindungan Hutan Oleh Polisi Kehutanan ]]>
<![CDATA[Andi Ahmad Afandy Lutfi]]>;
<![CDATA[Abdillah AR]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the efforts made by the Forestry Police at the Lejja Natural Tourism Park resort to protect forests from illegal logging in Soppeng Regency and to find out the responsibilities of the Forestry Police in enforcing laws against forest protection from illegal logging. The research method used is normative and empirical, so the relevant approaches are the statutory and social approaches. The Legislative Approach is an approach that is taken by examining all laws and regulations that are related to the legal issues being handled while the Social Approach is an approach that is taken in order to establish communication and foster participation from the community. Based on research data and discussion From the results obtained, it can be concluded that: first, in carrying out their duties, the efforts made by the forestry police at the Lejja Nature Tourism Park Resort, Soppeng Regency are preventive, namely routine forestry police patrol activities to prevent illegal logging and always involve the surrounding community to work together or work together in protecting and preserving forests, repressive in nature seeks to enforce the rule of law against suspects or perpetrators of illegal logging but there are stages that the forestry police must need to make it easier to catch perpetrators by securing evidence through documentation of areas where illegal logging has occurred. Second, the responsibility of the Forestry Police of the Lejja Nature Tourism Park Resort, Soppeng Regency is based on the Regulation of the Minister of Forestry of the Republic of Indonesia Number P.75/Menhut-II/2014 concerning the Forestry Police in Article 4 and being the front guard in eradicating all types of unlawful acts related to forests, forest areas and forest products.]]>
