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Muh. Akbar Fhad Syahril
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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 10 Documents
 1 
Search results for , issue "Vol 11 No 1 (2023): November" : 10 Documents clear
Kekuatan Pembuktian Akta Dibawah Tangan Dalam Hukum Acara Perdata Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out and analyze the strength of proof that an underhanded deed can provide legal certainty and to find out and analyze the weaknesses of proving an underhanded deed as evidence. This research uses normative-empirical research. The study results show the strength of proof of an underhanded deed to provide legal certainty if it fulfils the requirements and value of the underhanded deed, where the evidentiary requirements contain events that form the basis of a right or engagement affixed to the signature and made by the parties. Parties without the help of officials. Whereas in terms of the proof value of an underhanded deed, if from the echtheidsprosedure it cannot be proven the correctness of the signature on the underhanded deed, it means that the person concerned is deemed correct in dismissing it and the underhanded deed is aborted as evidence that has value. Conversely, if the signature on the private deed can be verified from the echinoids procedure but is still denied by the person concerned, it is a fact that the judge has found the truth of the statement above the private deed by itself also becomes sufficient evidence for the judge to consider. And the weakness of proving the deed under the hand is only limited to the formal and material sense, not the sense of birth. Because of this, what appears to be an underhand deed is not binding as evidence and becomes a real weakness in the trial, so in itself, it can become a basis for refusing to fulfil the contents of the agreement even if the statement and the contents of the agreement are recognized and justified.
Pemenuhan Hak-Hak Anak Pasca Perceraian Feni Sagita Indah; Kairuddin Karim; Lia Trizza Firgita Adhilia
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the application of law to the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt.G/2022/PA Pare and to determine legal considerations by judges regarding the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt. G/2022/PA Pare. The type of research used in this research is normative legal research. The approach used in this paper is the statutory approach and the case approach. The results of the research show that the judge has applied the law that has been in force. Whether it's Law Number 1 of 1974 Concerning Marriage and the Compilation of Islamic Law. Because with these references it has an impact or implications for the defendant so that the decision can be carried out, not even ignoring it. that the legal considerations of the judge as described are appropriate and in accordance with the facts obtained at the trial including in the evidence as the implementation of Article 164 HIR regarding evidence in the civil sphere. Whereas in parenting the child is still in the care of the mother because the child is still underage, even so, the father or the defendant can still meet his child so that this is in line with or in accordance with the intent and purpose of Law number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI).
Kajian Yuridis Diskresi Kepolisian Dalam Hal Pembelaan Diri Terhadap Pelaku Kejahatan Herman Herman; Patahillah Asba; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority, but police actions that must be accounted for based on applicable laws and norms as well as the factors that cause police discretion to be exercised, namely the perpetrators do not heed the appeals of members in the field such as warning shots and calls for surrender or the perpetrators put up resistance against members or the public. that's there.
Kajian Yuridis Penegakan Hukum Terhadap Tindak Pidana Kekerasan Dalam Rumah Tangga Fiyan Fadlyawan; Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to examine and analyze the effectiveness of law enforcement against criminal acts of domestic violence and the factors that become obstacles to law enforcement against criminal acts of domestic violence. The method used in the research is a juridical and sociological approach. The results of the research show that in this study criminal law enforcement regarding domestic violence was less effective due to the existence of several conflicting laws and regulations governing domestic violence such as Criminal Code Law Number 39 of 1999 and Law number 23 of 2004. In connection with several of the cases presented, it can be stated that the law regarding the eradication of domestic violence has only just begun to be socialized and handled well, so that the perpetrators have begun to receive appropriate punishment and the victims receive legal protection and a sense of security. as citizens and as members of society, as well as the existence of law enforcers who are not yet professional in dealing with criminal acts of domestic violence and also the public's legal awareness is still lacking, because there is still an assumption that women are under the auspices of men
Kajian Yuridis Pelaksanaan Adat Seda pada Kasus Kawin Lari Maulida Fitriya Auliyah; Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to determine the implementation of the 'Seda' custom in cases of elopement/silariang in Bonehau sub-district, Mamuju Regency? And the aim is to find out whether the 'Seda' custom in cases of elopement/silariang in Bonehau subdistrict, Mamuju district, can be qualified as a customary offense? This research uses Normative legal research methods to outline the legal implications. The results of the research show that the implementation of the Seda custom is still recognized by the community in Mamuju Regency, especially in Bonehau District. Seda custom is one manifestation of customary criminal law. The Seda custom is implemented because the families of those who elope (silariang) consider their actions to be shameful (mepakasiri'). So to restore self-respect or family dignity in community life, the Seda custom is carried out. And Seda's form of punishment is in the form of physical and non-physical gifts. non-physical, for example, humiliation, being expelled from the village, and being ostracized from society, especially their families. Meanwhile, physical, for example, light abuse, serious abuse and even murder if the violation is very serious. In practice, the Seda custom is carried out in groups (Seda), with the rule that those who are allowed to perform Seda are people.
Kajian Yuridis Pelaksanaan Sidang Elektronik di Masa Pandemic Covid-19 Ditinjau dari Perspektif Peraturan Mahkamah Agung Dedi Dedi; Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to determine the mechanism of trials carried out using an electronic system based on what is regulated in Supreme Court Regulation Number. 4 of 2020 concerning Administration and Electronic Criminal Trials and determine the fulfillment of the defendant's rights in trials conducted electronically. This research uses normative research methods, which is research in the form of research on legal materials in the form of specific legislation or written laws. An electronic trial is a series of processes of examining, adjudicating, and deciding a defendant's case by a court which is carried out with the support of information and communication technology, audiovisual and other electronic means as stated in Article 1 point 12 of Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Court Electronically. In practice, electronic trials are the same as face-to-face trials which were previously often held, the difference being that the defendant did not take part in the trial in the courtroom, but rather the defendant took part in the problem via video teleconference call in the detention center where the defendant was detained. With the implementation of the electronic trial system, the defendant's rights are reduced in the electronic trial process which were previously regulated and guaranteed in the Criminal Code (KUHAP).
Tinjauan Terhadap Wewenang Komisi Informasi Dalam Menguji Keputusan Tata Usaha Negara Rahmat Rahmat; Muhammad Yusuf
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims, firstly, to understand the implementation of duties and authority of the Information Commission in resolving public information disputes in the form of Decisions of State Administrative Officers at the West Sulawesi Provincial Information Commission. Secondly, to determine the legal sources for the Information Commission in resolving public information disputes in the form of Decisions of State Administrative Officers. This type of research is normative legal research, which utilizes a statutory approach and a case approach. This research is also commonly referred to as library research (law in book). The research techniques used are interviews, observations, and literature reviews. The results of this research are as follows: The implementation of duties and authority of the Information Commission in resolving public information disputes in the form of Decisions of State Administrative Officers at the West Sulawesi Provincial Information Commission has been carried out based on Law Number 14 of 2008 concerning public information disclosure. The Information Commission has the authority to resolve information disputes with Decisions of State Administrative Officers as the object. The legal sources for the Commissioners' Panel in deciding disputes with Decisions of State Administrative Officers as the object. However, even though the object of the dispute is a Decision of State Administrative Officers, the authority of the Information Commission to adjudicate is limited to the aspect of information disclosure, not the legality of the State Administrative Officer's decision
Perlindungan Hak Kekayaan Intelektual Tentang Merek Dewi Wulandari; Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to find out how public legal awareness is regarding the protection of intellectual property rights regarding brands in West Sulawesi and what factors influence the low level of public legal awareness regarding the importance of protecting brand rights in West Sulawesi. The research used was empirical, conducted at the regional office of the Ministry of Law and Human Rights. The results of this research indicate that public legal awareness regarding the protection of intellectual property rights regarding brands in West Sulawesi based on data obtained from the regional office of the Ministry of Law and Human Rights, as well as interviews conducted with staff in the intellectual property sub-sector, is considered to be still low due to the large number of goods/services being produced. have not registered in intellectual property and the factors that influence the low level of trademark registration are caused by legal factors, legal means and facilities, community factors and cultural factors.
Penyusunan Perjanjian Kerja Waktu Tertentu (PKWT) Menurut Undang-Undang Nomor 6 Tahun 2023 Eloi Turnip; Rahayu Subekti; Purwono Sungkowo Raharjo
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The state is responsible for providing a decent livelihood for all its citizens. When it comes to workforce absorption, it can be divided into external and internal factors. External factors are influenced by the level of economic growth, inflation, unemployment, and interest rates. Matters regarding internal factors are addressed in the employment agreement between workers and employers, specifically focusing on fixed-term employment agreements. This research is conducted in a normative manner through library research by studying academic literature related to the issues under investigation to obtain theoretical and legal foundations related to the discussed topics or problems being studied. Normative legal research includes data obtained from library studies, consisting of legal provisions, newspapers, legal magazines, journals, and others. The process of drafting Fixed-Term Employment Agreements (PKWT) includes information about the company and the worker. The company, as the employer, is obligated to provide the company's name, address, and type of business. In line with the principles of a welfare state, the government is responsible for providing a minimum standard of living to achieve a prosperous life. Rights and obligations for both the company and the worker must be fulfilled. The formal arrangement of Fixed-Term Employment Agreements (PKWT) is designed to provide clarity in the agreement. The substantive content of the drafting of Fixed-Term Employment Agreements (PKWT) provides legal protection for both workers and companies in case of violations by either the company or the workers related to the work being carried out or actions by the company that violate the regulations of Law Number 6 of 2023.
Perlindungan Hukum Terhadap Korban Perdagangan Orang Ditinjau Dari Perspektif Kriminologi Adis Nevi Yuliani; Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to be able to find out and analyze normatively the legal protection against trafficking in persons from a criminological perspective. As well as finding the factors that cause human trafficking and being able to provide solutions to overcome human trafficking through the participation of the community and government. The research method used is through a Criminology approach by analyzing social phenomena in society. The results of this research found that legal protection for victims of human trafficking is not yet optimal, where it was found that the rights of victims have not been properly protected legally.

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