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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 3 (2024): Mei" : 10 Documents clear
Melindungi Generasi Muda: Penegakan Hukum Terhadap Narkotika Anak Rahma Rahma; Muh. Natsir; Muh. Tahir
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to examine the considerations of judges in imposing sanctions on drug cases involving minors in group I (Decision Study Number 42/Pid.Sus.Anak/2022/PN.Mks) and the solutions for handling drug cases involving minors in the city of Makassar. This research employs a normative legal research method focusing on positive law, legal principles and doctrines, legal discovery in cases, legal systematics, comparative law, and legal history. The findings reveal that the judges' considerations in imposing sanctions based on Decision Number 42/Pid.Sus.Anak/2022/PN.Mks involve witness statements, available evidence, juridical facts, and indictments from the public prosecutor, with the primary consideration being the defendant's minor status. Efforts to address drug cases involving minors in Makassar include establishing a national narcotics agency, enacting specific narcotics legislation, and providing drug counseling and rehabilitation for children involved in or exposed to drug abuse.
Dilema Kepemilikan Sertipikat Ganda: Kasus Kontroversial Obyek Tanah Rusman Rusman; Aksah Kasim; Andi Heridah; Johamran Pransisto
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aimed to identify the causes of dual land certificate ownership and explore solutions to this issue, utilizing a normative-empirical research approach. The findings indicate that dual certificates often result from landowners' negligence in managing their property, leading to unauthorized takeover by others. Additionally, flaws in the National Land Agency's system, lack of a comprehensive land database, and inaccurate or missing local government records contribute to the problem. Solutions include direct negotiation or mediation between parties, with the option of legal action through the State Administrative Court if unresolved.
Dinamika Pembatalan Hak Atas Tanah: Sebuah Tinjauan Yuridis Komprehensif Asrullah Asrullah; Kairuddin Karim; Muh. Darwis; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the factors causing the cancellation of land rights due to administrative defects and the mechanism for cancellation. Using normative and empirical juridical approaches, this study examines Agrarian law regulation and practice in the field. As a result, cancellations often occur due to falsification of data and misuse of identity, affecting the real landowner. The settlement of the case at the Pinrang Regency Land Agency Office refers to Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional RI No. 21 Tahun 2020.
Melangkah ke dalam Kegelapan: Kajian Yuridis Tindak Pidana Pembunuhan dalam Pengaruh Alkohol Emil Fitra Nur; Muhammad Natsir; Phireri Phireri; Khaerul Mannan
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to analyze the considerations made by the panel of judges in delivering a decision on a murder case influenced by alcohol, as seen in Decision Number 62/Pid.B/2022/PN.Bar. Additionally, it investigates the application of the law by the panel of judges in reaching a verdict concerning this crime. This research adopts a normative approach, utilizing both statutory analysis and a case study. The findings reveal that the judge's decision-making process in the aforementioned case, Decision Number 62/Pid.B/2022/PN.Bar, was based on juridical considerations, including the evidence presented during the trial, as well as non-juridical factors, such as aggravating and mitigating circumstances related to the defendant. The application of the law by the panel of judges in delivering a verdict on the crime of murder influenced by alcohol in Decision Number 62/Pid.B/2022/PN.Bar was deemed appropriate and in accordance with the primary indictment put forth by the public prosecutor. The defendant's actions were considered both lawful and convincing, leading to a sentence of 7 (seven) years of imprisonment.
Pemenuhan Hak Pengurangan Masa Pidana (Remisi) Terhadap Narapidana di Lembaga Pemasyarakatan Marwati Marwati; Suardi Suardi; Moch. Alafatah Alti Putra
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The aim of this research is to determine the fulfillment of the right to reduce the sentence period (remission) for prisoners at the Parepare Class IIA Correctional Institution. To find out the factors that hinder the implementation of the right to reduce the sentence (remission) for prisoners at the Parepare Class IIA Correctional Institution. The research method was carried out using empirical juridical research. The research results show that the fulfillment of the right to reduce the criminal period (remission) in the Class IIA Parepare correctional institution has implemented the granting of remissions to prisoners in accordance with existing laws and regulations. The factors inhibiting the implementation of the right to reduce the criminal period (remission) for prisoners in the Parepare Class IIA Correctional Institution are juridical factors, institutional and human resource factors, facilities and infrastructure factors, factors of prisoner behavior, and cultural factors. Another factor is external factors, namely obstacles to remission that occur outside the prisoner himself, and outside the authority of the Class II A Parepare Penitentiary.
Urgensi Criminal Liability dalam Rangka Pembaharuan Punishment System Criminal of Law Herman Balla; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The Criminal Code (KUHP) is not in accordance with the values prevailing in society. Guidelines in the formulation of crimes are currently only concerned with the provisions of criminal acts and mistakes without including the purpose and principles of punishment. This article aims to determine the urgency of the purpose and guidelines for criminalization to be formulated / formulated in the Criminal Code, and to analyze how the objectives and guidelines for punishment are formulated and integrated in the reform of the criminal system in the future. This article uses a normative juridical approach with a statutory and conceptual approach. The results of the study show the urgency of the objectives and guidelines for punishment due to the problems associated with the aging of the Criminal Code at this time and the development of problems that arise in the midst of public life and criminal guidelines are the basic provisions that give direction, which determine in the imposition of a criminal. instructions for judges in applying and imposing crimes. In the future the welfare and protection of the community can be realized and as a guarantor there is no decrease in the degree of humanity / dehumanization in the implementation of crimes
Legal and Fiscal Implications of Class C Mineral Tax on Geological Resource Management Muh. Akbar Fhad Syahril; Nurhaedah Hasan; Haslinda Hasan
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the management of Group C minerals, focusing on challenges such as illegal mining, inaccurate valuation of sale value, weak supervision, and the lack of integration of environmental and social aspects in mining regulations. Through the analysis of Law No. 4 of 2009 on Mineral and Coal Mining and case studies in several regions, this study suggests the revision of regulations, improvement of supervision, application of information technology, and cooperation between governments for more effective management. These recommendations aim to assist policymakers in reforming the mining sector, especially for Group C minerals, to ensure its management is more equitable, efficient, and sustainable, while emphasizing the importance of adaptive and flexible policies to face global dynamics.
Analisis Komparatif Tindak Pidana Penipuan Dalam KUHP Kolonial dan KUHP Nasional Delvi Paluaran; Sunardi Purwanda; Aksah Kasim; Jumardin Jumardin
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The crime of fraud is a crime whose object is property. In the old colonial Criminal Code (a term for colonial products), this crime was regulated in Chapter XXV, ranging from Article 378 to Article 395, termed as "fraudulent act" or bedrog. After the new national Criminal Code (a term for indigenous products) was passed into Law Number 1 Year 2023 on the Criminal Code, does it still have similarities with the crime of fraud known in the Colonial Criminal Code? How is the difference between the two arrangements? The purpose of this study is to determine the difference in substance of the elements of the crime of fraud in the Colonial Criminal Code and the National Criminal Code, and also to determine the substance of the difference in sanctions between the crime of fraud in the Colonial Criminal Code and the National Criminal Code. This research uses normative legal research with a statutory approach and a comparative approach. Types and sources of legal materials using primary legal materials and secondary legal materials and tertiary legal materials. The results show that the difference in substance in the subjective elements is found with the presence of different terms between the phrase "whoever" and the phrase "every person". Likewise with the objective elements, namely "false dignity" and "false position", "series of lies" and "false words" and the addition in the National Criminal Code of "acknowledgment of debt". The substance of the difference in sanctions between the crime of fraud in the Colonial Criminal Code and the National Criminal Code is the focus on imprisonment for the Colonial Criminal Code while for the New Criminal Code in addition to imprisonment there is also a fine with the form of Category V fines.
Legal Analysis of the Application of Cyber Notary in the Notary Profession in Indonesia Muh. Akbar Fhad Syahril; Nurhaedah Hasan
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the implementation of the cyber notary concept within the notarial profession in Indonesia, focusing on the associated challenges and opportunities. The research employs a normative legal method with statutory, conceptual, and empirical approaches. The analysis reveals that while the Indonesian legal framework, including the Law on Notary Position (UUJN) and the Electronic Information and Transactions Law (UU ITE), provides a foundational basis for cyber notary practices, significant regulatory gaps and uncertainties remain. Key challenges include the lack of detailed regulations, data security and privacy concerns, and the readiness of technological infrastructure and human resources. Despite these challenges, the potential benefits of cyber notary, such as increased efficiency and business facilitation, are substantial, particularly in the context of the COVID-19 pandemic. The study concludes that comprehensive regulatory development, enhanced training for notaries, and robust data security measures are essential for the effective implementation of cyber notary in Indonesia. This research contributes to the discourse on digital transformation in legal services and offers policy recommendations to support the adoption of cyber notary practices
Artificial Intelligence dan Hak Asasi Manusia: Kajian Hukum tentang Potensi Bahaya di Indonesia Muh. Akbar Fhad Syahril; A. Darmawansya TL; Murdiono Murdiono; Arini Asriyani
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the potential dangers of Artificial Intelligence (AI) to human rights in Indonesia using a socio-legal approach that combines normative legal analysis and social perspectives. Existing regulations such as the ITE Law and related regulations are inadequate because they do not specifically address human rights protection, accountability, and transparency in the use of AI. Meanwhile, from the social side, AI carries the risk of bias, discrimination, privacy violations, and threats to freedom of expression. Comprehensive regulations and effective law enforcement are needed to ensure the responsible use of AI and respect for human rights in Indonesia.

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