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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 9 No 4 (2022): Agustus" : 10 Documents clear
Penipuan dan Restorative Justice dari Perspektif Kriminologi Muh. Naim; Patahillah Asba; Bakhtiar Tijjang
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted to know the application of Restorative Justice in Fraud Cases at the Sidenreng Rappang Police and to find out the obstacles in the implementation of Restorative Justice at the Sidenreng Rappang Police. This research uses a normative-empirical type of research. The results of the study show that crime is seen as an act that harms others and damages social relationships. In contrast to criminal law which has withdrawn crime as a state problem and only the state has the right to punish, although indigenous communities can provide sanctions and the settlement of criminal cases of fraud through restorative justice at the Sidenreng Rappang Police does not abolish criminal acts because the case is only terminated by investigating reasons for not finding sufficient evidence. The termination of the investigation is stated in the Decision Letter on the Termination of Investigation which is followed up by the Order of Termination of Investigation (SP3). The SP3 can be reopened at any time if it is submitted for pre-trial by one of the parties so that with the order of a court decision, investigations of criminal acts of fraud whose investigations have been stopped can be reopened.
Penanganan Tindak Pidana Desersi Anggota TNI-AD yang ditangani oleh Polisi Militer Dwi Ratnasari; Muhammad Sabir Rahman; Bakhtiar Tijjang
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out the rules that were changed in the Supreme Court Regulation Number 2 of 2015 after the issuance of the Supreme Court Regulation Number 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits and to find out the process of proceedings for simple lawsuits based on Supreme Court Regulation Number 4 of 2019 concerning Simple Lawsuit Settlement Procedures. This research uses normative legal research, using a research approach, namely the statute approach or juridical approach. Research results The legal substance that was amended in Perma Number 2 of 2015 After the issuance of Perma Number 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits, such as the amount of the value of the material lawsuit, the domicile of the defendant, regarding the use of electronic administration, regarding the presence of the parties in the trial, regarding the placement confiscation of guarantees, concerning claims which were acknowledged and refuted by the defendants, concerning decisions which were not objected to and concerning the determination of security (execution).
Kapasitas Hukum Pasien Non Covid dalam Penegakan HAM di Indonesia Muhammad Natsir
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The Covid-19 pandemic has brought many changes in the life system of people in Indonesia. In this case, the health sector and hospitals as facilities and infrastructure for health facilities providers have many challenges so as not to become the main victims in the spread of this pandemic. Furthermore, as a mitigation effort in continuing the Presidential Decree of the Republic of Indonesia Number 11 of 2020 concerning the Determination of the Corona Virus Disease 2019 (COVID-19) Public Health Emergency, several strategies have been carried out. Still, due to this integrated strategy”s focus, several media reports show the reality of other problems that have been neglected in perspective law. One of the unlucky cases is the death of pregnant women due to negligence of the hospital in handling the first delivery after being rejected by seven hospitals and another case in the form of providing non-Covid-19 patients, which then becomes a big problem in upholding human rights. This study aims to examine further the extent to which this matter is regulated in the legal system in Indonesia, the main responsible strategies and institutions, and other aspects that can be found in this confusion of problems. For this reason, researchers use the Goal Free Evaluation Framework as an independent form of the goals to be achieved in the Human Rights Law and to see other sides that will be found during the evaluation of the issue of human rights violations. The results obtained are that human rights have been regulated from the acceptance of health services by the community and labor laws from the medical team and hospital strategies listed in Service Operational Standards but have not been fully implemented. As for this matter, then it becomes the responsibility of the regional government in minimizing the occurrence of human rights violations as the institution that is most closely attached to the community even though there is a national human rights commission that is tasked with further reviewing the problem, especially after finding other factors that arise from these cases. Cases in hospitals during the Covid-19 pandemic. The main objective of this research is to serve as an evaluation material for health institutions. The other objective is to recommend it to institutions and legal observers in Indonesia to strengthen regulation and law enforcement in Indonesia
Perkawinan Beda Agama dalam Perspektif Hukum Positif di Indonesia Anisah Daeng Tarring
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Interfaith Marriage in a Positive Legal Perspective in Indonesia. This study aims to determine, and analyze the legitimacy of interfaith marriages in terms of marriage laws that apply in Indonesia and analyze what legal consequences arise in marriages of Indonesian citizens with foreign citizens of different religions. This study uses a normative juridical approach. A juridical approach is used to analyze various principles and theories related to the problems studied. The results of the study show that the validity of marriage in Indonesia cannot be separated from religious law, where interfaith marriages are seen from Islamic religious law and Christian religious law and other religions, basically it is not allowed to be carried out, so that if there are interfaith marriages carried out, the marriage is considered invalid. The legal consequences arising from interfaith marriages are the juridical and psychological aspects. Which is where if this interfaith marriage occurs, its legality is not recognized both in formal juridical and religious terms. Then from the psychological aspect of marriage which results in the status and belief of children, because in Indonesia they consider a legitimate child to be a child born from a legal marriage.
Penegakan Hukum Korupsi Dana Desa di Provinsi Sulawesi Selatan Amir Amir; Auliah Ambarwati; Ardiyanti Aris
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This journal aims to find out and analyze law enforcement, the volume of corruption, and the consequences of village fund corruption since it was disbursed in South Sulawesi Province from 2017 until now. This type of research is normative juridical research using a conceptual approach to legislation assisted by primary, secondary, and tertiary legal materials, which will be described, described, and analyzed using the theory of corruption. The results of this study are about law enforcement, an illustration of the high number of cases of corruption in village funds in South Sulawesi Province, which so far, before the transfer of village funds by the central government to the regions, there were rare cases of corruption in village funds which were charged with the Corruption Crime Act Number 31 of 1999 which changed into Law Number 20 of 2001 concerning the Eradication of Corruption Crimes which should, for the distribution of funds to be on target, proposed by the researchers aimed at the absorption of village funds budgets must be monitored, planned properly so that the absorption is effective and efficient for the welfare of rural communities in South Sulawesi Province.
Grosse Akta dalam Menghadapi Kredit Macet Phireri Phireri; Amir Amir; Suardi Suardi
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Grosse is different from other notary deeds, as well as is a tool of evidence for the parties as well as the actual and developing legal institutions that follow the flow speed in the development of the business, industry, and credit. this is because today's credit problems can not be separated from Grosse deed because the bond loan agreement is generally in the form of Grosse pour indeed, as stated in Article 224 HIR/258 R.B.g by using Grosse deed in case of obstacles in the debt settlement the debtor to the creditor no longer require regular claims process that will take a very long time but with the use of Grosse deed then simply by requesting the establishment of the local Chief District Court. of benefits and advantages, especially in the face of bad loans. The problem is not as simple as Grosse's deed in theory, because in practice there are still many problems that hinder the course of execution of the many requests. Where gross deed executions are addressed to the Court, there are some applications that are acceptable and some are not acceptable for the execution carried out. this is due to the presence of factors that may cause obstacles to the execution of the deed in court Grosse.
Proses Penerbitan Sertifikat Hak Atas Tanah Melalui Konversi Pada Kantor Pertanahan Andi Heridah; Aksah Kasim
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the process of issuing land rights certificates through conversion at the Land Office in Parepare City. This study uses a normative juridical approach. A juridical approach is used to analyze various principles and theories related to the problems studied. The results showed that the implementation of the issuance of land rights certificates through the conversion process still refers to Government Regulation no. 24 of 1997 so in the process of issuing land rights certificates through the conversion process at the Parepare City Land Office, there was also no change. The factors that hinder the process of issuing land rights certificates through conversion are the level of community knowledge is still low; lack of technical implementing personnel; lack of facilities and infrastructure, and incomplete administration of requirements for certificate makers.
Mewujudkan Kepastian Hukum Pendaftaran Hak Milik Atas Tanah untuk mencegah Timbulnya Sengketa Tata Usaha Negara Johamran Pransisto; Kairuddin Karim; Muhammad Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The implementation of the handling and settlement of state administrative disputes, especially those related to the registration of property rights at the State Administrative Court, can be measured by the level of effectiveness and success based on the decision of the state administrative court which has permanent legal force. its power, to the extent that the Defendant has acted upon it. The results of the research at the Makassar Administrative Court showed that 38 decisions on land disputes that had permanent legal force, only 24 decisions were followed up, while the other 14 decisions were not implemented. As the administrator of state administration, he should implement state administrative decisions that have permanent legal force in order to realize legal certainty and orderly implementation of land registration, especially the registration of property rights over land and in addition, the state administrative body or official must know the existence of judicial institutions, including implementing decision. judiciary which already has permanent legal force, so that it can contribute to the effectiveness of the administration of justice, especially the state administrative court.
Polemik Kebebasan Berpendapat dalam Perspektif Undang-Undang ITE Musfala Yudha
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Violations in the use of social media are troubling to the community, especially teenagers, and the government expects individual activity when criticizing the government. However, this statement caused controversy among all circles. This paper aims to find out the public's response to the government, which demands to be criticized but is threatened by the ITE Law. And discuss the form of legal guarantees so that the public, in criticizing the government, can be protected from criminal sanctions and efforts to prevent the misuse of social media as a means of committing crimes. The research was conducted using a descriptive method. The existence of the ITE Law makes individuals worry when criticizing or making suggestions to the government due to the reduced guarantee of freedom of expression when criticizing the government with social media and explaining Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, as well as efforts to prevent the occurrence of information technology crimes through social media.
Prosedur Pembinaan dan Pengawasan Notaris oleh Majelis Pengawas Notaris Daerah Lia Trizza Firgitta Adhilia; Anisah Daeng Tarring
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
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 procedures regarding the Guidance and Supervision of Notaries carried out by the Notary Regional Supervisory Council, as stipulated in Law Number 30 of 2004 concerning the Position of Notary, Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 15 of 2020 concerning Procedures for Examining the Supervisory Board of Notaries, as well as Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 16 of 2021 concerning Organizational Structure and Work Procedures, Procedures for Appointment and Dismissal, as well as the Budget of the Notary Supervisory Board. This research is normative legal research using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The results of the study show that the procedures for fostering and supervising notaries carried out by the Regional Notary Supervisory Board are preventive or preventative in nature, so that there is no misuse of office committed by notaries, and curative supervision and coaching, which means supervision and guidance to Notaries in carrying out their positions, The procedures for supervision and guidance are carried out by conducting periodic checks, namely at least once a year, on Notary protocols, Office Conditions, complete office administration, employees, Notary nameplates and so on, as well as inspections at certain times if deemed necessary, as well as guidance in the context of a Notary committing a violation of the code of ethics, or there is an allegation of a violation of the performance of Notary duties or a Notary who performs his/her duties not in accordance with UUJN, so that it can interfere with the implementation of the duties of his position or can even cause harm to the community.

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