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Muh. Akbar Fhad Syahril
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juliafhandisapada@gmail.com
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juliafhandisapada@gmail.com
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Jl. Andi Sapada No. 11 Kelurahan Sumpang Minangae, Kec. Bacukiki Barat, Kota Parepare 91122, Indonesia
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INDONESIA
Jurnal Litigasi Amsir
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 29639360     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Search results for , issue "2024: (Special Isu) September-Oktober" : 21 Documents clear
Dari Nada ke Rupiah: Memahami Kontrak Pencipta Lagu dengan Aggregator Musik Muhammad Ryan Jahrul; Muh. Akbar Fhad Syahril
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 examine the form of agreement between songwriters and music aggregators in Sidenreng Rappang Regency. Using normative and empirical legal research methods, this study found that agreements are generally in the form of standard contracts prepared by aggregators. The main challenges in the implementation of the agreement include the collection and distribution of royalties. Although registration is not mandatory for copyright validity, it makes it easier to prove in the event of a dispute.
Penegakan Hukum dan Keadilan Restoratif dalam Kasus Penggelapan Dana Nasabah: Telaah Putusan No. 107/Pid.B/2022/PN.Pin Hikma Awdina; Lilis Suryani; Moch. Alfatah Alti Putra
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 examines legal considerations and the application of law by judges in Decision No.107/Pid.B/2022/PN. Pin related to the case of falsifying payment documents as a means of embezzlement of customer funds. Using normative research methods, this study analyzes the verdict based on the statements of witnesses and defendants, evidence, indictments, and demands of the public prosecutor. The results of the study show that the criminal act is regulated in Article 374 of the Criminal Code Jo Article 64 Paragraph (1) of the Criminal Code. The defendant, Afri Anjas Situmeang, was found guilty of "Embezzlement committed by a person who controls the goods because there is a continuing employment relationship" and was sentenced to 1 year and 7 months in prison. This research provides insight into the application of the law in cases of embezzlement of customer funds and the judge's considerations in making decisions.
Kajian Yuridis Multidimensi: Mengatasi Tantangan Eksploitasi Anak dan Mengembangkan Solusi Hukum Adaptif Muh. Farhan Mushsinulkhair FR; Muhammad Sabir Rahman; Patahillah Asba; Muhammad Darwis
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

The results of the study showed that the factors that led to the exploitation of children in Parepare City were economic, low education from parents, and lack of education related to exploitation issues, which caused parents not to know that if a minor was employed it would already be included in the realm of a crime even though it was their child, and another factor was the general public's lack of awareness in reporting child exploitation. 35 of 2014 concerning Child Protection which reads "Everyone who violates the provisions referred to in article 76I, shall be punished with imprisonment for a maximum of 10 (ten) years and/or a fine of up to Rp. 2000.000.000.00, (Two Hundred Million Rupiah).
Parental Divorce: How to Ensure Child Support Rights are Protected? Muh. Akbar Fhad Syahril; Hasrianti Hasrianti
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 examines marriage law related to the implementation of child support rights after divorce, as well as legal remedies that can be taken by the child or his mother when the father does not fulfil his obligations by Law Number 1 of 1974 concerning Marriage. The type of research used is normative legal research, which analyzes case studies of decision number 134/Pdt.G/2023/PA. Bitter melon is qualitatively descriptive. The results of the study indicate the fulfilment of children's rights to support due to parental divorce at the Parepare Religious Court, based on a case study of decision number 134/Pdt.G/2023/PA. Pare, has not gone well because the ex-husband did not fulfil his obligations due to economic factors. On the other hand, the mother in this case felt that seeking justice through the courts would take too long and cost too much money, so she chose to finance her child's needs herself.
Suami dan Tanggung Jawab Terhadap Istri dalam Iddah: Sebuah Kajian Analisis Yuridis Musyrifa S; Saharuddin Saharuddin; Ardiyanti Aris
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 research aims to investigate how husbands fulfill their responsibilities towards wives during the iddah period and identify the challenges that arise in the implementation of the husband's responsibilities towards the wife during iddah. The research employs both normative and empirical approaches, including legal, case, and social approaches. The findings reveal that the husband's responsibilities towards the wife during iddah in civil law, including in Indonesia, encompass crucial aspects such as mut'ah alimony, madhiyah alimony, child support, dowry, and the division of shared assets. Law Number 1 of 1974 (c) provides the legal basis to obligate former husbands to provide financial support to their ex-wives. The primary challenges lie in economic issues, where some husbands may be unable to pay iddah alimony, coupled with a lack of understanding and awareness among involved parties regarding the legal resolution process. Therefore, efforts are needed to enhance public awareness regarding rights and obligations in this situation to facilitate the resolution of emerging issues.
Transformasi Persidangan Pidana: Model Keadilan Restoratif PN Wamena Saifullah Anwar; Irna Irna; Simon Marian; Jimince Jimrianita Kogoya
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

Justice is a necessity and hope for justice seekers. In the criminal context, restorative justice is needed where judges play an important role in enforcing it. This study aims to explain the ideal practice of trial based on restorative justice. This study uses a qualitative approach with the type of empirical research through in-depth interviews. The research population is apparatus at the Wamena District Court with three categories of samples, namely key informants, main and supporters. The results of the study show that the ideal practice of restorative justice for judges is by presenting victims through online trial means or victims can be represented by heirs or who is appointed based on a special power of attorney. The judge can give the defendant the opportunity to contact the family at trial, and can present the defendant's family at trial. In addition, judges can involve traditional or community leaders so that communication can run effectively and efficiently.
Personal Data Leaks Ahead of 2024 Elections: Threats to Integrity and Public Trust Muh. Akbar Fhad Syahril; Dina Maliah Hasan; Nurhaedah Hasan
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 the effectiveness of personal data protection in Indonesia, especially ahead of the 2024 General Election, with a focus on Undang-Undang Perlindungan Data Pribadi. Although the Undang-Undang PDP has provided a comprehensive legal framework, the results of the study show that challenges in its implementation are still significant, such as data leak incidents and weak law enforcement. The recommendations produced include increasing socialization and education, strengthening supervisory institutions, and collaboration between the government, institutions, and the community. With joint efforts, it is hoped that personal data protection can be improved so that the community feels safe in participating in the democratic process
Dampak Kebocoran Data Bjorka pada Kepatuhan Wajib Pajak: Perspektif Akuntansi Keperilakuan Muh. Akbar Fhad Syahril; Hamida Hasan; Nurhaedah Hasan
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 examines the impact of NPWP data leakage by Bjorka on the perception of security and compliance of taxpayers in Indonesia from the perspective of behavioral accounting. Using normative legal research methods with legislative, conceptual, and case approaches, this study analyzes how the incident affects public trust in the tax system. The results show that data leaks have the potential to reduce tax compliance levels through the erosion of trust and changes in security perceptions. Behavioral accounting theories such as attribution theory, planned behavior, and procedural fairness are used to explain this phenomenon. The study also proposes a comprehensive mitigation strategy that includes improved technical security, communication reforms, and restructuring of tax compliance incentives. The implications of this study are significant for policymakers in designing strategies to restore public trust and improve tax compliance after data leak incidents.
Reinterpretasi Teori Lombroso dalam Konteks Hukum Pidana Modern: Kapan Born Criminal Menjadi Insanity Defense? Zul Khaidir Kadir
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

The born criminal theory, rooted in biological determinism, explains that criminality is the result of genetically inherited traits that can be recognized through distinctive physical characteristics, indicating an evolutionary regression to a primitive stage of humankind. On the other hand, the insanity defense is a criminal law doctrine that states that individuals who suffer from mental disorders at the time of committing a crime cannot be held accountable because it eliminates the evil mental attitude. Although Lombroso's theory emphasized that criminals are innately predisposed to crime due to uncontrollable biological factors, this concept has rarely been explored within the insanity defense framework. This study used qualitative research methods. Qualitative research is research to understand social phenomena and human behavior by processing descriptive data. This research was conducted using a conceptual approach. The data collection method was collected using library research, then analyzed using qualitative methods and presented descriptively. Research findings show that meeting point between Lombroso's born criminal theory and the concept of insanity defense in modern criminal law lies in the recognition that biological factors can influence a person's criminal behavior, albeit with a more scientific and comprehensive understanding today. However, unlike Lombroso's view that ignores free will, modern law views that these biological influences do not completely determine a person's behavior, but must be evaluated individually in the context of the defendant's mental capacity at the time of the crime.
Dari Kertas ke Kepastian: Peran Krusial Bukti Surat dalam Konflik Pertanahan Gunawang Gunawang; Mutmainna Mutmainna
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 examines the power of evidentiary evidence in land dispute resolution in Indonesia, as well as the process of resolving land disputes through litigation. Using normative legal research methods, this study analyzes the role and significance of letter evidence in the context of Indonesia's agrarian law, as well as the challenges faced in the digital era. Furthermore, this study also discusses the complexity of the litigation process in land disputes, including the stages of proof, the role of judges, and the social impact caused. The results of the study show that although letter evidence has strong evidentiary power, verification of the validity and consistency of court decisions is a crucial issue. The study also underscores the importance of judicial system reform and a holistic approach to land dispute resolution to achieve more comprehensive justice.

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