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[Peran Pos Bantuan Hukum Pada Masyarakat Kurang Mampu ]]>
<![CDATA[Herman Balla]]>;
<![CDATA[Suardi Suardi]]>;
<![CDATA[Fajar Hari Sandy]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The research objectives expected by the author are First, 1. To find out the role of the Legal Aid Post in the Poor in the Sidrap Religious Court; 2. To find out the existence of legal aid posts for underprivileged communities at the Sidrap Religious Court. This research is a normative research. The collection of data used in this study was a library research (literary study) and was supported by interviews (interviews) as supporting data. Qualitatively analyzed. The results of the research show that the Legal Aid Post at the Sidrap Religious Court was formed in May 2019, and has handled 504 cases, since the issuance of the Indonesian Supreme Court Regulation Number 1 of 2014 regarding the establishment of Legal Aid Posts in every court throughout Indonesia and has handled thousands of cases. Basically in its service, the Sidrap Religious Court does not differentiate between the poor and the rich, all of whom can request legal assistance from the Legal Aid Post by completing the requirements. Based on direct interviews conducted by researchers, the poor did not know about the Legal Aid Post because they had never been involved in legal problems in court, while those who knew about the Legal Aid Post were the poor who had been involved in legal problems in court.]]>
<![CDATA[Pesona Kekayaan Alam: Sumber Konflik di Kawasan Laut China Selatan ]]>
<![CDATA[Auliah Ambarwati]]>;
<![CDATA[Adi Prahmana Putra]]>;
<![CDATA[Ahmad Wadil Aryadi]]>;
<![CDATA[Nabila Nabila]]>;
<![CDATA[Nurriskayanti Ramli]]>;
<![CDATA[Arzety Najwa]]>;
<![CDATA[Sutriani Sutriani]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research paper examines the influence of natural resources on international conflicts, focusing on the case study of the South China Sea dispute. The South China Sea is an area rich in natural resources, including oil, gas, and fisheries, which has resulted in competing territorial claims among several countries in the region. The objective of this study is to analyze the relationship between natural resources and the escalation of conflicts in the South China Sea. The findings suggest that the abundance of natural resources in the South China Sea has significantly contributed to the escalation of conflicts in the region. The competition for energy resources, fisheries, and strategic control has intensified rivalries and territorial disputes among the claimant states. The findings of this study contribute to the existing body of knowledge on the relationship between natural resources and international conflicts and provide insights into the challenges and potential avenues for peaceful resolution in the South China Sea]]>
<![CDATA[Perlindungan Hukum Terhadap Perjanjian Kerja Barista dengan Indische Coffee atas Keterlambatan Pembayaran Upah ]]>
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Phireri Phireri]]>;
<![CDATA[Yunisye Cenentya Wangka]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the legal protection of the barista work agreement with Indische Coffee for late payment of wages. The type of research used in this research is normative legal research. The research approach is a sociological juridical approach. The object of this research is located in Indische Coffee, the object studied is the barista work agreement with Indische Coffee for late payment of wages. The types and sources of data used in this study are primary data resulting from secondary research, namely legislation, institute decisions, published books and journals, tertiary data, namely data sources through articles and websites that are online. The results of the study show that the legal protection for workers who experience wage delays in indische coffee is regulated in the contents of the work agreement Article 1 Paragraph 2 Points b and Point d regulates wages and if there is a dispute, dispute resolution is regulated in Article 4.]]>
<![CDATA[Aspek Piskologi Terhadap Balapan Liar Oleh Remaja ]]>
<![CDATA[Suardi Suardi]]>;
<![CDATA[Herman Balla]]>;
<![CDATA[Fachrul Rijal]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to find out what influences adolescents to carry out illegal racing and to find out what law-abiding actions must be done in minimizing teenagers carrying out illegal racing actions. This study uses a normative-empirical research type, which combines theoretical-rational and sensory-observative by using a reasoning model by first using inductive logic which is then continued with deductive logic. The results of the study show that the factors that cause adolescents to carry out illegal racing include factors that are within the child himself, factors that come from the family, factors from the community environment, factors that come from the school environment and efforts made by the Parepare City Police. in tackling illegal racing carried out by teenagers, namely carried out in two ways, namely preventive efforts (prevention) and repressive efforts (enforcement).]]>
<![CDATA[Kekerasan Dalam Rumah Tangga dalam Perspektif Hukum Pidana ]]>
<![CDATA[Muhammad Darwis]]>;
<![CDATA[Iswandy Rani Saputra]]>;
<![CDATA[Ali Ichsan Kiramang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
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 forms of domestic violence that are regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City throughout 2021-2022. The type of research used in this research is normative and empirical research or what is commonly known as legal research which combines the two. The research results show that forms of domestic violence are in the form of physical violence, namely beatings, kicking, and also encouragement by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in are individual factors, family factors. As well as community factors consisting of poverty.]]>
<![CDATA[Kajian Yuridis Perlindungan Hukum Saksi Pelaku Yang Bekerjasama Dalam Undang-Undang Perlindungan Saksi dan Korban ]]>
<![CDATA[Surya Anggraeni]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Moch. Alfatah Alti Putra]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the legal protection of witness witnesses who cooperate in the Law on the Protection of Witnesses and Victims. To find out the legal vacuum for the protection of witnesses for perpetrators who cooperate in the law for the protection of witnesses and victims. This study uses the type of normative legal research. The research results show that Law Number 31 of 2014 concerning the protection of witnesses and victims provides protection and assistance to witnesses and victims. The protection that is meant here is as a place of refuge and protection for someone who needs it as a result he feels safe against the threats around him. courts and judges, including the Supreme Court as an institution of judicial power, play an important role in filling the legal vacuum (rechtsvacuum). work together (Justice Collaborator).]]>
<![CDATA[Simplifikasi Pengawasan Barang Ekspor Dalam Rangka Penegakan Hukum Kepabeanan ]]>
<![CDATA[Asri Rahim]]>;
<![CDATA[Muhammad Darwis]]>;
<![CDATA[Muhammad Natsir]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the supervision of export activities at the Parepare Customs and Excise Office. And to find out the efforts of the Parepare Customs and Excise Office in enforcing the law on violations of export activities. The type of research used in this research is empirical normative research. they are supported by a statutory approach and a structural approach. The study results in show that supervision of export activities at the Parepare Customs and Excise Office is carried out administratively and physically, starting from the arrival of the means of transport, loading of exported goods, and administrative services for completeness of export documents. The Parepare Customs and Excise Office made efforts to enforce the law on violations of export activities by analyzing export documents and collecting information on the vulnerability of illegal exports so that during the research period no legal violations were found in export activities.]]>
<![CDATA[Kajian Yuridis Tindak Pidana Penipuan Pemberangkatan Haji dan Umrah ]]>
<![CDATA[Abdul Rahman Anwar]]>;
<![CDATA[Muh. Fadli Faisal Rasyid]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the factors that cause the occurrence of criminal acts of fraud with the mode of departure for Hajj and Umrah in the city of Parepare. And to find out the legal considerations by the judges in deciding cases of criminal acts of fraud against Hajj and Umrah departures in the city of Parepare based on the MA Decision Study Number 1163 K/Pid/2021 whether or not they are in accordance with alternative charges. The type of research used in this study is normative and empirical legal research. Supported by a research approach, namely the sociological juridical approach and the case approach. The results showed that the factors that caused the crime of fraud with the Haj and Umrah departure mode in the city of Parepare were the character of people who easily believed, lack of understanding regarding the official nature of travel, the desire of people who wanted to quickly go on pilgrimage and umrah, not being careful. the public is careful or less alert, the way travel agents attract public interest and trust, and a lack of counseling regarding the departure of the Hajj and Umrah pilgrimages. Second, legal considerations by judges pay attention to several aspects apart from the legal facts that have occurred, also related to alternative charges. Even though there were two alternative charges, namely Article 378 concerning Fraud and Article 372 of Embezzlement, in the end the judge determined that the defendant H. Abdul Kadir was proven to have committed a criminal act of fraud. This is in accordance with the first alternative indictment by the public prosecutor due to the fulfillment of the element of fraud as referred to in Article 378.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Dalam Transaksi E-Commerce ]]>
<![CDATA[Ahmad Ahmad]]>;
<![CDATA[Johamran Pransisto]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the practice of buying and selling, and to find out that regulations on consumer protection are still in accordance with the pattern of buying and selling online. This research uses normative legal research with a literature study approach, types and sources of legal materials using primary legal materials and secondary legal materials. Data analysis will be examined from a qualitative perspective. The results of the research show that online buying and selling practices and regulations on consumer protection have been accommodated in Law no. 8 of 1999 (consumer protection), law no. 31 of 2004 (Engagement), law no. 7 of 2014 (trade) and Law no. 19 of 2016 (ITE).]]>
<![CDATA[Analisis Yuridis Kepemilikan Ex Tanah Adat Pada Masyarakat Pamboang ]]>
<![CDATA[Muhammad Al Habsy Ahmad]]>;
<![CDATA[Dewi Wulandari]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The aims of this research were to find out the process of acquiring individual rights in the Pamboang community to become individual ownership rights and to understand the handling of obstacles faced in obtaining legal certainty regarding individual ownership rights over customary land in the Pamboang community, Majene Regency. This research was an empirical normative study. The data collection method in this research were primer data and seconder. The result of this research was the process of obtaining rights over customary land and converting it into individual ownership in the Pamboang community, Majene Regency, involves three stages. In order to be recognized as ownership rights over land, it must meet certain requirements or essential elements contained within the concept of ownership itself, such as the elements of hereditary, strongest, and fulfilled, as well as other elements like social function. In order to obtain evidence of ownership rights over land in the form of a land certificate, the land must be registered with the National Land Agency.]]>
