Jurnal Litigasi Amsir
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.
Articles
235 Documents
<![CDATA[Kedudukan Fudisia Sebagai Jaminan Pemberian Kredit ]]>
<![CDATA[Muh Rusli]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Lia Trizza Firgita Adhilia]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the procedure for granting credit with a fiduciary guarantee at PT BPR Hasamitra Sidenreng Rappang. And to find out the rights and obligations of the giver and recipient of a fiduciary guarantee in the event of a credit default at PT BPR Hasamitra Sidenreng Rappang. The type of research in this study is normative and empirical, which in other words is a type of sociological legal research and can also be called field research. The results of the study show that in the implementation of providing credit with fiduciary guarantees to customers, PT BPR Hasamitra Sidenreng Rappang has stages or procedures that must be carried out first. The difference is in granting credit with a fiduciary guarantee, after going through the stages of the procedure for granting a fiduciary guarantee, then a Fiduciary Deed must be drawn up at a notary to provide legal certainty and then registered with the Fiduciary Registration Office to provide legal certainty and give priority to creditors who register collateral. the fiduciary to the Fiduciary Registration Office. And creditors (fiduciary recipients) or PT BPR Hasamitra Sidenreng Rappang and Debtors (fiduciary givers) have their respective rights and obligations that must be fulfilled and implemented. Especially if the debtor defaults and is at risk, if the default can be carried out by auction or underhand sales, whereas if there is a risk of damage or loss of goods, then they are replaced with collateral that is the same value as the previous collateral.]]>
<![CDATA[Simplikasi Kedudukan Anak Sumbang Dalam Penerimaan Harta Warisan Menurut Hukum Perdata ]]>
<![CDATA[Ahmad L]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out with the aim of knowing the legal status of a gifted child according to civil law and finding out the inheritance rights of a gifted child according to civil law. The type of method used is normative research. The research results show that the dissenting child cannot be recognized, thus the dissenting child does not have a civil relationship with his mother or father. As well as the inheritance rights of discordant children between Islamic law and the Civil Code have similarities and differences. The similarity is that both of them state that this child is an illegitimate child, so he does not have a family relationship with his father, which results in no mutual inheritance relationship between the two. An incestuous child cannot be assigned to his mother and father which causes the two of them to have no right to inherit each other, while in Islamic law a discordant child, even though this child may not be assigned to his father, this child is still assigned to his mother and the implication is that he can inherit and pass it on to his mother and father. his mother's family.]]>
<![CDATA[Penyelesaian Kredit Macet Dengan Jaminan Fidusia ]]>
<![CDATA[Rasman Rasman]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Lia Trizza Firgita Adhilia]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out aiming to find out the mechanism for the settlement of bad credit with fiduciary guarantees at PT Pegadaian Sidenreng Rappang Branch and to find out the obstacles that occur in efforts to settle bad loans with fiduciary guarantees at PT. Sidenreng Rappang Pawnshop. The type of research in this research is normative-empirical. The results of the study show that the mechanism for resolving bad loans using fiduciary guarantees begins with persuasive actions and obstacles that arise in resolving bad loans with fiduciary guarantees are the lack of honesty from debtors in conveying information and customers who try to obstruct the execution of collateral and customers who transfer third party collateral.]]>
<![CDATA[Implikasi Putusan Mahkamah Konstitusi Terhadap Sistem Peradilan Indonesia ]]>
<![CDATA[Arini Asriyani]]>;
<![CDATA[Asti Dwiyanti]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The decisions of the Constitutional Court (MK) have a significant impact on the Indonesian justice system. The Constitutional Court is an institution tasked with overseeing and ensuring legal compliance with the state constitution. MK decisions are often an important reference in the formation of legal policies and changes in the justice system. some important implications of the Constitutional Court's decision on the Indonesian justice system. First, the Constitutional Court's decision can be a law or regulation not in accordance with the constitution, the decision becomes the basis for revising or abolishing unconstitutional laws. This can lead to changes in judicial practice and overall legal policy. Second, the Constitutional Court's decision can strengthen the protection of human rights. The Constitutional Court has the authority to examine the constitutionality of laws relating to human rights. If the Constitutional Court decides that a law violates human rights, the decision will encourage the enforcement of those rights and increase the protection of human rights in Indonesia. Furthermore, the Constitutional Court's decision can provide a new direction in the interpretation of the constitution. The Constitutional Court is often faced with complex and controversial issues involving the interpretation of the constitution. The Constitutional Court's decision in this case can provide new guidelines and interpretations of the constitution, which have the potential to change the understanding and application of law in Indonesia. Finally, the Constitutional Court's decision can strengthen the independence of the judiciary. The Constitutional Court has an important role in maintaining the balance of power between the executive, legislative and judicial institutions. The Constitutional Court's decision affirming the independence of the judiciary can strengthen the authority and role of the judiciary in carrying out its duties in a fair and neutral manner. The Constitutional Court's decision has significant implications for the Indonesian justice system. MK decisions can influence the interpretation and application of law, strengthen the protection of human rights, provide new directions in the interpretation of the constitution, and strengthen the independence of the judiciary. It is important for all legal and judicial stakeholders to pay attention to the Constitutional Court's decision and understand its impact on the Indonesian justice system.]]>
<![CDATA[Kajian Yuridis Terhadap Tindakan Pencemaran Nama Baik ]]>
<![CDATA[Aftar Akbar]]>;
<![CDATA[Khaerul Mannan]]>;
<![CDATA[Iswandy Rani Saputra]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to find out about the application of criminal law in Decision No.219/Pid.Sus/2019/Pn.Pre and also to find out about the legal considerations of judges in imposing Decision No.219/Pid.Sus/2019/Pn.Pre. The type of research to be carried out is the normative approach method. The normative approach or commonly referred to as doctrinal research is an approach that is carried out by means of regulations reviewing literary materials such as legislation, theories, and legal principles related to the problem being tested. The application of the criminal law for defamation based on the Decision of the Parepare District Court No.219/Pid.Sus/2019/PN.Pre which states that the prosecution of the public prosecutor is unacceptable and the Defendant is immediately released from Detention is correct and appropriate based on applicable law. Furthermore, the legal considerations of the case judge No.219/Pid.Sus/2019/PN.Pre stated that the phrase in Article 319 of the Criminal Code, namely "except under Article 316" was declared contrary to the 1945 Constitution of the Republic of Indonesia and has no force. legally binding. So the consequence is that every government official or state official who feels insulted or defamed must report the offense himself. It is appropriate according to law and in line with the decision of the constitutional court No.31/PUU-XIII/2015. As a suggestion, it is hoped that investigators from the police are not in a hurry to determine someone who is being reported to be named a suspect and the prosecutor's office as a research prosecutor and at the same time acts as a public prosecutor to be careful and thorough in declaring a case to be complete and it is also hoped that the police and the Attorney General's Office to study more deeply about the application of the criminal complaint law so that in the future there will be no community members who feel disadvantaged due to an error in the application of the law and carefully consider taking measures to restrain the suspect/defendant.]]>
<![CDATA[Kedudukan Saksi Dalam Pembuatan Akta Notaris ]]>
<![CDATA[Muhammad Resky Dirgananda]]>;
<![CDATA[Suardi Suardi]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>;
<![CDATA[Aksah Kasim]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was carried out aiming to find out the position and responsibilities of witnesses in making notarial deeds according to UUJN. As well as to find out the legal consequences that may arise if the witness does not maintain the confidentiality of the contents of the Notary Deed. The type of research used in this research is normative research. The results of the study show the position and responsibilities of witnesses in making notarial deeds according to UUJN. Namely the Legitimacy of an Authentic Deed through Formal Requirements, The position of a witness for a Notary deed is of course different from the position of a witness in general who is a witness who hears and/or sees an event that has occurred. civil liability, because this is in accordance with the elements in Article 1365 of the Indonesian Civil Code, with liability that obliges to compensate for losses suffered by one or several parties who feel aggrieved by the act. As well as the consequences for the witness if they do not maintain the confidentiality of the contents of the Notary Deed. According to the author, according to the author, the provisions regarding the obligation of witnesses to keep secret the contents of notarial deeds have added several paragraphs in Article 40 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. Article 170 paragraph (1) states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from the obligation to provide testimony as witnesses, namely regarding matters entrusted to them.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemenuhan Hak Keselamatan dan Kesehatan Kerja ]]>
<![CDATA[Irwan Irwan]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>;
<![CDATA[Suprapto Suprapto]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to find out the rights of workers according to Law No. 6 of 2023 concerning Job Creation and to find out about Legal Protection for Occupational Safety and Health According to Legislation at PB Medina in Sidenreng Rappang Regency. The type of research used is the type of research used in this research is normative and empirical research or commonly known as legal research which combines the two. Based on the analysis of data and facts from research results and discussion, as follows: Some of the articles regulated in Law Number. 11 of 2020 concerning Job Creation has not sufficiently regulated the issue of labor rights. For example, those that regulate Work Agreements for a Specific Time (PKWT), wages, provincial or district/city minimum wages, serious errors in layoffs by workers/laborers, and the right to apply for labor if they feel disadvantaged. The Labor Law, which was 17 years old until the entry into force of the Job Creation Law, is currently unable to answer issues regarding labor rights and is considered very detrimental. The implementation of labor protection at Rice Milling Madina Sidenreng Rappang has been carried out by using the application of an occupational safety and health system. aims to provide security, safety, and health at work. The company protects all workers by providing work safety and security equipment and guidance regarding using PPE (Personal Protective Equipment). However, in practice, the application of OSH has not been carried out optimally, this is evidenced by the presence of workers/laborers who do not follow the SOPs applied by the company by not using personal protective equipment while working.]]>
<![CDATA[Kajian Yuridis Akta Perjanjian Pengikatan Jual Beli Hak Atas Tanah ]]>
<![CDATA[Abrana Wijaya]]>;
<![CDATA[Suardi Suardi]]>;
<![CDATA[Auliah Ambarwati]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the legal force of the deed of binding sale and purchase agreement on land rights (PPJB) made before a notary/PPAT and to find out the legal protection for the parties in the binding agreement on sale and purchase of land rights (PPJB). The type of research used in this study is normative research, which is a process of finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. Legal research that examines rules or norms is referred to as normative research, so the research method used is the Normative legal research method which will analyze the Deed of Sale Agreement (PPJB) of Land Rights. Based on the analysis of data and facts, in chapter four above, the following conclusions can be drawn: The legal force of the Sale and Purchase Agreement (PPJB) of Land Rights made before a Notary/PPAT, depending on where the sale and purchase agreement is made, if not before a public official (notary) then it becomes a private deed whereas if it is made by or before public officials, the deed becomes an authentic deed. This is in accordance with Article 1868 of the Indonesian Civil Code that a deed can become an authentic deed if it is made before the authorized public official at the place where the deed was made. And As for the legal protection for the parties, especially the buyer in a sale and purchase agreement that is carried out privately, the legal protection provided in the binding sale and purchase agreement is very strong because of the nature of proof of the binding sale and purchase agreement made before a public official in this case a Notary. Namely by signing the deed in front of a Notary or official appointed for signature validation (such as Consular Officers, Embassies, or Regional Heads starting from the Regent level and above) by explaining the contents first to the parties and then signing in front of a Notary or an authorized public official has very strong evidence in accordance with the evidence from the authentic deed.]]>
<![CDATA[Penegakan Hukum Terhadap Perlindungan Hutan Oleh Polisi Kehutanan ]]>
<![CDATA[Andi Ahmad Afandy Lutfi]]>;
<![CDATA[Abdillah AR]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the efforts made by the Forestry Police at the Lejja Natural Tourism Park resort to protect forests from illegal logging in Soppeng Regency and to find out the responsibilities of the Forestry Police in enforcing laws against forest protection from illegal logging. The research method used is normative and empirical, so the relevant approaches are the statutory and social approaches. The Legislative Approach is an approach that is taken by examining all laws and regulations that are related to the legal issues being handled while the Social Approach is an approach that is taken in order to establish communication and foster participation from the community. Based on research data and discussion From the results obtained, it can be concluded that: first, in carrying out their duties, the efforts made by the forestry police at the Lejja Nature Tourism Park Resort, Soppeng Regency are preventive, namely routine forestry police patrol activities to prevent illegal logging and always involve the surrounding community to work together or work together in protecting and preserving forests, repressive in nature seeks to enforce the rule of law against suspects or perpetrators of illegal logging but there are stages that the forestry police must need to make it easier to catch perpetrators by securing evidence through documentation of areas where illegal logging has occurred. Second, the responsibility of the Forestry Police of the Lejja Nature Tourism Park Resort, Soppeng Regency is based on the Regulation of the Minister of Forestry of the Republic of Indonesia Number P.75/Menhut-II/2014 concerning the Forestry Police in Article 4 and being the front guard in eradicating all types of unlawful acts related to forests, forest areas and forest products.]]>
<![CDATA[Kajian Yuridis Terhadap Pembagian Harta Warisan Pada Perkawinan Beda Agama ]]>
<![CDATA[Vaengky Azmur]]>;
<![CDATA[Aksah Kasim]]>;
<![CDATA[Andi Heridah]]>
<![CDATA[ Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine and understand the status of interfaith marriages by comparing Civil Law and Islamic Law. And also to find out the division of inheritance in interfaith marriages according to Civil Law and Islamic Law. This research uses a type of normative research supported by a case study approach (case approach), and an analytical approach (Analytical Approach). The results of the study show that the status of interfaith marriages is invalid from the point of view of civil law and Islamic law. The researchers also show that the method of dividing inheritance in interfaith marriages is seen from the perspective of civil law and Islamic law, in Islamic law inheritance is not given to people who are not Muslims because of a barrier to inheritance, namely religious differences. whereas in Civil Law the distribution of inheritance can be given to someone regardless of religious differences.]]>
