cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muh. Akbar Fhad Syahril
Contact Email
juliafhandisapada@gmail.com
Phone
+6281297221194
Journal Mail Official
juliafhandisapada@gmail.com
Editorial Address
Jl. Andi Sapada No. 11 Kelurahan Sumpang Minangae, Kec. Bacukiki Barat, Kota Parepare 91122, Indonesia
Location
Kota pare pare,
Sulawesi selatan
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 12 No 1 (2024): November" : 10 Documents clear
Menggugat Keberanian: Tindak Pidana Kekerasan Dalam Rumah Tangga dalam Tinjauan Yuridis Darlia Darlia; Patahillah Asba; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the Judge's Legal Considerations in Decision Number: 89/Pid.Sus/2021/PN.Sdr and the application of the Material Criminal Law in the case. This study uses normative law research methods, which focus on theoretical analysis and deductive logic. The results of the study show that the application of criminal law to domestic violence by husbands against wives is in accordance with Pasal 44 Ayat (1) Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga. The judge considers the fulfillment of the elements in the article based on the facts revealed during the trial. The defendant was sentenced to five months in prison and was required to pay a case fee of five thousand rupiah. In making a decision, the judge considers the prosecutor's demands, evidence, testimony, and aggravating and mitigating circumstances, without any justifying reason to acquit the defendant of guilt.
Dari Hukum ke Realitas: Penegakan Hukum terhadap Pekerja Seks Komersial dalam Kasus Prostitusi Tiara Nurul Falaq; Johamran Pransisto; Muhammad Tahir
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to identify the legal rules that apply to Commercial Sex Workers (PSK) and explore the law enforcement measures against them, as well as the reasons behind the rise of prostitution. The method used is empirical normative legal research with case studies in the jurisdiction of the Parepare Police, using primary and secondary data. Data analysis was carried out qualitatively. The results of the study show that the act of prostitution in Parepare is influenced by several factors, including the damage to people's moral values, the spread of sexually transmitted diseases, sexual deviation, the mental decline of the perpetrators, the decline in religious knowledge, and easy access to social media related to prostitution. Law enforcement against prostitution violations is carried out based on community complaints and refers to Kitab Undang-Undang Hukum Pidana (KUHP) Pasal 296 and Pasal 506 and Undang-Undang Nomor 44 Tahun 2008 tentang Pornografi.
Kajian Yuridis Perlindungan Hukum Terhadap Konsumen Akibat Perbedaan Harga Yang Pada Rak dan Kasir Gustiawan K; Siti Muslimah Suciati; Aksah Kasim; Andi Heridah
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research is expected to be used as a reference in solving problems related to price differences on shelves and cashiers towards consumers and how Alfamart is responsible for the problems of price differences that exist on shelves and cash registers experienced by consumers. This research uses a normative-empirical research type with a statute approach and a social approach. The results of the study show that consumers can exercise their rights to hold Alfamart accountable due to differences in price tags on shelves and cash registers and Alfamart must be responsible by compensating for losses according to the price that must be paid by consumers and be more careful when replacing old price tags with the newest price tags on shelves so that consumers don't get confused.
Penerapan Sanksi Hukum: Analisis Kontemporer Berdasarkan Kitab Undang-Undang Hukum Pidana Salman Sahrir; Muh. Fadli Faisal Rasyid; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research was conducted with the aim of knowing the forms of sanctions according to the Criminal Code and to find out the constraints faced in applying sanctions according to the Criminal Code. The type of research used is normative research, a normative method is legal research regarding the application of legal provisions (codification, laws or contracts) in action at every legal event to analyze law that is seen as community behavior. Based on the analysis of data and facts, the conclusions are as follows: . Forms of Types of Criminal Sanctions. in criminal law it can be seen in Article 10 of the Criminal Code. Article 10 of the Criminal Code stipulates that punishment consists of Principal Crimes, which consist of Death Penalties. Death penalty is the harshest punishment in the criminal system, imprisonment is the principal punishment in the form of confinement or deprivation of a person's freedom, and detention is a form of punishment for deprivation of liberty for the convicted person, criminal fines as well as additional crimes and constraints faced in the application of sanctions according to the Criminal Code, these influential factors can be grouped into two, namely internal factors which include Judge Internal Factors, namely the Application of Different Knowledge, Judge Integrity, Trust and Human Sense, Meanwhile and external factors. Judges namely Intervention from Superiors, Mass Pressure and Political Pressure.
Penerapan Restorative Justice Dalam Proses Penyidikan Tindak Pidana Penganiayaan Asriadi Asriadi; Muhammad Natsir; Phireri Phireri
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the factors that hinder the application of restorative justice in the investigation of violent crimes in the Barru Police. The method used is empirical research with a legislative approach and case studies. The results of the study show that the lack of agreement between the victim and the perpetrator is the main factor in the non-occurrence of restorative justice, where the victim prefers to continue the case to the court to get punishment for the perpetrator. In addition, victims often apply conditions that cannot be fulfilled by the perpetrator, such as rehabilitation costs. The application of restorative justice at the Barru Police is carried out through mediation between the perpetrator, the victim, and the victim's family, by involving neutral parties such as community leaders and religious leaders. This process follows the provisions in Peraturan Kapolri Nomor 8 Tahun 2021 tentang Penghentian Tindak Pidana Berdasarkan Keadilan Restoratif, and cases that are successfully resolved restoratively tend to be stable every year.
Perkawinan Usia Dini: Menggali Aspek Hukum dan Sosial Pengesahan untuk Anak di Bawah Umur Fayzah Nazmah; Aldo Yanuarto; Alviiianur Alviiianur; Muhammad Rifky; A. Dzulqarnain
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The legalization of marriage or isbat nikah is a legal process regulated in Undang-Undang Nomor 1 Tahun 1974in Indonesia, aiming to provide legal certainty and protection for married couples. The study focused on cases of marriage legalization in Martapura, South Kalimantan, from 2021 to 2022, which identified challenges in implementing regulations, especially related to unofficially registered marriages and the practice of underage marriage. The study results show that although there are clear legal provisions, their implementation is often influenced by the social and cultural norms of the community. The cases rejected and granted by judges reflect the complexity of handling serial marriages, where there is a conflict between state law and religious validity. A holistic approach is needed to raise awareness of the importance of marriage registration and protecting children's rights so that all marriages can be legally recognized.
Disparitas Isbat Nikah: Kasus Isteri Terikat Perkawinan Sebelumnya di Pengadilan Agama Gorontalo Shalsa Amiruddin; Nur Insani; Hijrah Lahaling
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study analyzes the judge's considerations in the case of isbat nikah of wives who are still bound by previous marriages, focusing on case study Number 311/Pdt.P/2019/PA. Gtlo and Number 255/Pdt.P/2022/PA. Gtlo at the Gorontalo Religious Court. The method used is juridical normative legal research. The results show that the judge in the first case granted the isbat nikah application, providing clarity and legality of the marital status that was previously unclear, based on the principles of justice, certainty, and utility. On the contrary, the second case rejected the application, resulting in uncertainty of the legal status for the applicant and their children. This disparity in decisions is caused by factors such as legal structure, legal substance, and legal culture
Hak Konsumen di Tengah Ancaman: Perlindungan Hukum Terhadap Makanan dan Minuman Tidak Berlabel Tazkia Nabila Mawarni; Ahmad Igra Ashabul Kahfi
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the legal protection for consumers against the misuse of halal labels on food and beverages traded in Parepare City, as well as understand the forms of legal protection available. Using normative and empirical research methods with a legislative approach and a conflict approach, this study combines primary and secondary data. The results of the study show that although there have been no reports of cases of misuse of the halal label in Parepare City, the local Trade Office is ready to follow up on consumer reports if any. As a preventive effort, the Trade Office is also active in providing education to the public through counselling about halal-labelled products, showing the commitment of the local government to protecting consumer rights related to halal products.
ITE Law Enforcement Against Plagiarism of Scientific Works on Academic Platforms: Challenges and Solutions Muh. Akbar Fhad Syahril; M. Zaid; Sadmir Karović
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines law enforcement against the crime of plagiarism of scientific papers on online academic platforms from the perspective of the ITE Law and related regulations. The research method used is normative juridical with a legislative approach. The results of the study show that the crime of plagiarism in the digital era has been regulated by various laws and regulations. However, there are still challenges in its implementation. Harmonization and synchronization of laws are needed to overcome overlapping and legal gaps. Effective law enforcement efforts require a comprehensive approach involving legal, technological, and socio-cultural aspects. This study concludes that regulatory harmonization, increased coordination between institutions, the development of plagiarism detection technology, and the strengthening of anti-plagiarism culture are needed to realize academic integrity in the digital era.
Transformasi Gender Dalam Kepemimpinan Perempuan Perspektif Hukum Islam Muh. Irham; Muh Rizky Alamsyah; Muh Alfaridzi Ramli; Kurniati Kurniati
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to explore the role of women in leadership in the modern era. Using library research methods, this study analyzes various literatures that discuss the differences in leadership styles between women and men and the challenges faced by women in leadership positions. The results of this study indicate that women have unique leadership characteristics, such as abilities that can support their leadership effectiveness. However, women still face various challenges, including gender stereotypes and discrimination. This study emphasizes the importance of awareness and support for women in taking leadership roles in various fields

Page 1 of 1 | Total Record : 10

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol 13 No 1 (2025): November Vol 12 No 4 (2025): Agustus Vol 12 No 3 (2025): Mei Vol 12 No 2 (2025): Februari 2025: Special Isu (September-Oktober) Vol 12 No 1 (2024): November Vol 11 No 4 (2024): Agustus Vol 11 No 3 (2024): Mei Vol 11 No 2 (2024): Februari 2024: (Special Isu) September-Oktober Vol 11 No 1 (2023): November Vol 10 No 4 (2023): Agustus Vol 10 No 3 (2023): Mei Vol 10 No 2 (2023): Februari 2023: (Special Issue) September-Oktober Vol 10 No 1 (2022): November Vol 9 No 4 (2022): Agustus Vol 9 No 3 (2022): Mei Vol 9 No 2 (2022): Februari 2022: (Special Issue) September-Oktober Vol 9 No 1 (2021): November More Issue