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Muh. Akbar Fhad Syahril
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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 12 No 2 (2025): Februari" : 10 Documents clear
Dilema Hukum: Mengurai Kompleksitas Wanprestasi dalam Perjanjian Pembiayaan Kendaraan Bermotor Rahman, Fatur; Kasim, Aksah; Heridah, Andi
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to understand and analyze the legal aspects of breach of contract in motor vehicle financing agreements (A Case Study of Decision 6/Pdt.G.S/2022/PN Pre). This study employs a normative legal research method with a case study approach. The research findings indicate that as a legal consequence or sanction for a debtor who commits a breach of contract, they are liable to pay damages, have the agreement canceled, bear the risk transfer, and cover litigation costs. Based on the above description, it can be concluded that a breach of contract results in legal rights and obligations arising from a contractual relationship. In Indonesian law, there are two methods for resolving breach of contract disputes, namely through litigation and non-litigation pathways. Non-litigation dispute resolution involves methods like consultation, negotiation, mediation, or conciliation outside the court. In contrast, litigation is a dispute resolution process conducted in a court of law. As seen in the case of Decision 6/Pdt.G.S/2022/PN Pre, it was resolved through litigation, where the plaintiff, PT. BFI Finance Indonesia, Tbk Branch Parepare, sued Desy for alleged breach of the motor vehicle financing agreement
Pemenuhan Hak Anak Penyandang Disabilitas Melalui Pendidikan Inklusif Rizka Umar; Hijrah Lahaling; Rusmulyadi Rusmulyadi
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Undang-Undang Nomor 20 Tahun 2003 tentang Sistem Pendidikan Nasional dan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas affirming the obligation of the government and local governments to provide education for all citizens, including students with disabilities through special and inclusive education. This empirical research with a quantitative approach resulted in two main findings: Fulfillment of the rights of children with disabilities through inclusive education, including the facilitation of basic skills and the establishment of Disability Service Units; and Factors inhibiting the fulfilment of these rights in Gorontalo City include structural factors (ineffective policy implementation and infrastructure limitations) and institutional factors (lack of trained teachers and inflexible curriculum).
Tanggung Jawab Pelaku Usaha dalam Investasi Forex: Perspektif Perlindungan Hukum Perdata Hastia Hastia; Sumiyati Beddu; Nur Insani
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the responsibilities of forex investment business actors in Gorontalo to consumers based on KUHPerdata and Undang-Undang Perlindungan Konsumen, by focusing on obstacles in compensating consumers who have suffered losses. Using qualitative methods through interviews and secondary data, the study revealed several important findings. Business actors failed to provide compensation due to the absence of a written agreement, while the confiscation of assets by the authorities has not resulted in prompt compensation for consumers. In addition, the lack of transparency in asset management and the difficulty of consumers in proving claims without a formal contract are major problems. Based on these findings, this study recommends increasing transparency in the asset liquidation process, educating on the importance of written agreements, and encouraging the formalization of the accords to protect consumer rights.
Pidana Tabrak Lari Tragis: Tinjauan Hukum Kontemporer Karinaputri, Fahhrani Cakra; Suherman, Hendra; Ramadhani, Deaf Wahyuni
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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A traffic accident involves vehicles on the road that can cause material loss, injury or even death. This accident can occur due to various factors. The focus of the problem in this research is: What is the criminal responsibility for hit-and-run perpetrators based on laws and regulations in Indonesia, what are the factors that cause accidents? This type of research is normative juridical where the data source used is secondary data consisting of primary legal materials, secondary legal materials and tertiary materials. The data collection technique was carried out by document study. Indonesia is a country of law, the Criminal Code, by Pasal 235 ayat (1) Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas Jalan dan Angkutan Jalan
Reintegrasi Sosial Narapidana: Analisis Yuridis Pasca Undang-Undang Pemasyarakatan Muhammad Farhan; Muhammad Sabir; Kairuddin Kairuddin; Bakhtiar Tijjang; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines the factors that cause the development of inmates outside the Class IIA Correctional Institution (Lapas) of Parepare City and its implementation process. This study uses a qualitative approach with interview methods and document analysis. The results of the study show that coaching outside the prison is based on the need for rehabilitation, reduction of overcapacity, and increasing the social reintegration of prisoners. The coaching process involves three main programs: personality development, independence, and coaching outside the prison, which are carried out in accordance with the Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan. The implementation of this program reflects a paradigm shift towards a more humane and effective correctional system in preparing prisoners to return to society.
The Existence of Jurisdiction to Realize Legal Currency in the United States of the Republic of Indonesia Johamran Pransisto; Rachman Rizal Andi Sapada; Suardi Suardi; Nurnadhilah Bachri; Arini Asriyani
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This article examines the existence of jurisdiction in realizing legal currency within the context of the Republic of Indonesia. Judicial power, as an independent branch of government, plays a crucial role in upholding the rule of law and ensuring justice based on Pancasila. The judiciary must adjudicate cases without discrimination, utilizing various legal sources, including unwritten laws, to ensure fair outcomes. The study highlights the importance of integrating customary law into judicial decision-making, reflecting Indonesia's pluralistic society. However, challenges arise in identifying and applying these norms within the national legal framework. The article also addresses the implications of enforcing written laws and customary norms, particularly regarding sanctions for violations. Furthermore, it emphasizes the urgency of research in this area to evaluate and adjust the judicial system for equitable justice, strengthen judicial independence, and improve the effectiveness of special and religious courts. By analyzing these aspects, this study aims to contribute to a comprehensive understanding of Indonesia's legal landscape and its alignment with societal values
Kejahatan Berbasis Identitas Digital: Menggagas Kebijakan Kriminal untuk Dunia Metaverse Zul Khaidir Kadir
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines the challenges of criminal policies related to digital identity in the metaverse using a qualitative method with a conceptual approach. Digital identity, which includes personal information, digital assets, and user interaction patterns, is the main foundation of an individual's existence in the metaverse however, the lack of specific regulations indicates weaknesses in current criminal policies. The results of the study show that the metaverse presents new crime risks that have not been fully accommodated by the existing legal system, such as identity theft, avatar counterfeiting, and digital asset fraud. To overcome this, fundamental reforms of criminal policy are needed that include a cross-border collaborative approach, strengthening the regulation of technology platforms, and developing appropriate legal standards. The success of these policies relies heavily on collaboration between governments, technology companies, and civil society.
Kedudukan Hukum Uang Panai’ dalam Perkawinan Masyarakat Bugis-Makassar Wiwin, Wiwin; Saharuddin, Saharuddin
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Indonesia, as a multicultural country, possesses diverse traditions, including those related to marriage. In the Bugis-Makassar society, uang panai’ is a deeply rooted tradition that serves as an integral part of marriage, symbolizing respect for women and the responsibility of the groom. Despite its profound philosophical meaning, the practice of uang panai’ has undergone a shift in meaning, often becoming a status symbol, which has led to delays or even cancellations of marriages. This study aims to examine the legal status of uang panai’ in the Indonesian legal system and its role within Bugis-Makassar society. This research employs a normative legal research method, focusing on a statutory approach, a conceptual approach, and an Islamic legal approach. The findings indicate that uang panai’ is classified as customary law, which is recognized within Indonesia’s legal framework. Its legal status can be found in Fatwa MUI Sulsel No. 2 of 2022 on Uang Panai’, although this fatwa does not carry binding legal authority as legislation. Within Bugis-Makassar society, uang panai’ functions as a customary norm with moral binding force; however, its implementation must be proportional to ensure it does not become an excessive burden on the groom and his family.
Efektivitas Pencabutan Pembebasan Bersyarat Terhadap Warga Binaan Pemasyarakatan Klien Balai Pemasyarakatan Kelas II Gorontalo Taroreh, Marten Verdinan; Darmawati, Darmawati; Beddu, Sumiyati
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Implementation of parole revocation for prisoners at the Correctional Center Class II Gorontalo. This study aims to understand the legal basis, procedures, and impact of parole revocation on prisoners, as well as evaluate the consistency of the application with applicable correctional principles. The method used is juridical-empirical, by collecting data through interviews with correctional officers, and correctional center clients, and analysis of related documents. The results show that there are cases where there is a non-optimal revocation of parole, which has the potential to cause injustice and hamper the process of rehabilitation and reintegration of prisoners into society. Recommendations include the need for increased training and supervision for correctional officers, strengthening the complaint mechanism and appeal process for prisoners, and policy adjustments to ensure a fairer and more effective application of parole rights.
The Legal Status of MUI Fatwas within the Indonesian Legal System Wiwin, Wiwin
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines the legal status of fatwas issued by the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) within Indonesia’s regulatory system. The research aims to identify the legal position of MUI fatwas in the Indonesian legal hierarchy and to analyze their juridical nature within the national legal framework. Employing normative legal research methods, this study adopts a statute-based and analytical approach, focusing on statutory regulations, legal doctrines, and relevant legal theories. The findings indicate that MUI fatwas do not constitute formal legislation and thus lack general binding legal force, as they are not issued by state-authorized bodies nor do they fulfill the formal requirements of written law. Nevertheless, MUI fatwas retain significant value as material legal sources and interpretive guidance, particularly for Indonesian Muslims and institutions such as Religious Courts. The nature of MUI fatwas is that of internal religious opinions non binding and applicable only to those who recognize the moral or religious authority of the MUI. Therefore, MUI fatwas are persuasive and moral-religious in character, rather than coercive like state enacted positive law.

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