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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 235 Documents
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Urgensi Olah Tempat Kejadian Perkara Dalam Proses Pembuktian Muhammad Jasman; Patahillah Asba; Iswandy Rani Saputra
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was carried out with the aim of carrying out the collection of evidence at the crime scene in the investigation process and finding out the function of the crime scene (TKP) in the investigation. The type of research used in this research is normative and empirical research or what is usually legal research which combines the two. The results of the study show that evidence and evidence are very important for the investigation process carried out by the Pinrang Police investigators. Evidence and evidence can usually be found at the crime scene. The implementation of the collection of evidence and evidence at the crime scene carried out by the Semarang Polrestabes was in accordance with the procedures and regulations currently in force. As well as the function of processing the scene of a case in an investigation is to determine whether an event suspected of being a crime is a crime or not; clarify who is the perpetrator of the crime that occurred; and seek and collect evidence at the scene of the incident for the benefit of further investigation.
Kajian Yuridis Tindak Pidana Pencurian Dengan Pemberatan Bahtiar Bahtiar; Muh. Natsir; Herman Balla
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted with the following objectives to find out the application of material criminal law to the crime of theft by weighting in Decision Number: 263/Pid.B/2021/PN.PIN; and for the judge's consideration in deciding on the crime of theft with a weight in Decision Number: 263/Pid.B/2021/PN.PIN. The type of research used in this paper is the type of research used is Normative Legal Research which is legal research conducted by examining library materials or secondary data. Normative legal research is also known as doctrinal legal research. The results of the study: 1. The application of material criminal law by judges to Article 363 paragraph (1) to 4 of the Criminal Code in conjunction with Article 65 paragraph (1) of the Criminal Code. Where the actions and the elements of the Article match each other; 2. Legal considerations by the judge regarding accountability for the actions committed by the defendant with the consideration that at the time of committing his actions, the defendant was aware of the consequences, apart from the above, the judge also did not see any justification or excuses that could eliminate the unlawful nature of the act. Defendant.
Pemenuhan Hak-Hak Anak Pasca Perceraian Feni Sagita Indah; Kairuddin Karim; Lia Trizza Firgita Adhilia
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the application of law to the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt.G/2022/PA Pare and to determine legal considerations by judges regarding the fulfillment of post-divorce children's rights based on Decision Number 147/Pdt. G/2022/PA Pare. The type of research used in this research is normative legal research. The approach used in this paper is the statutory approach and the case approach. The results of the research show that the judge has applied the law that has been in force. Whether it's Law Number 1 of 1974 Concerning Marriage and the Compilation of Islamic Law. Because with these references it has an impact or implications for the defendant so that the decision can be carried out, not even ignoring it. that the legal considerations of the judge as described are appropriate and in accordance with the facts obtained at the trial including in the evidence as the implementation of Article 164 HIR regarding evidence in the civil sphere. Whereas in parenting the child is still in the care of the mother because the child is still underage, even so, the father or the defendant can still meet his child so that this is in line with or in accordance with the intent and purpose of Law number 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI).
Studi Kasus Tindak Pidana Penganiayaan Terhadap Saksi Korban Agung Samudra Iskandar; Muh. Sabir Rahman; Muh. Darwis
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to consider the legal considerations of judges in dropping cases of the abuse of witness victims in Parepare City (Case Study Number 117/Pid.B/2021/Pn.Pre), and the application of judges' law in deciding the Abuse of witness victims in Parepare City (Study case Number 117/Pid.B/2021/Pn.Pre) The type of research used in this research is normative research. The legal material used is primary legal material, namely binding legal material consisting of basic norms or rules, namely the Criminal Code, Law number 8 of 1981 concerning criminal procedural law, Parepare District Court decision Number 117/Pid.B /2021/Pn.Pre. The results of the research The judge's legal considerations in making a decision on the crime of persecution committed by the defendant in decision Number 117/Pid.B/2021.PN.Pre who received a sentence of imprisonment for 10 (ten) months was appropriate because, in the legal considerations by the judge, the defendant's actions are actions that are legally and convincingly guilty been proven guilty of committing the crime of mistreatment of the witness victim SAPRI SIBE Alias SAPRI Bin LA SIBE, based on the facts at trial and there is no justification, the defendant is also a person who according to law is capable of being responsible answer, the application of criminal law by the judge against the defendant of the criminal act of abuse committed by the defendant against the victim-witness in decision Number 117/Pid.B/2021/PN.Pre Article 351 paragraph 1 of the Criminal Code; regarding persecution and the application of this article is appropriate because of the elements the elements of criminal acts in the article have been proven to have been fulfilled.
Kajian Yuridis Tindak Pidana Kekerasan Dalam Rumah Tangga Asri Alawqiah; Muh. Darwis
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted with the aim of knowing the forms of domestic violence regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City in Parepare City throughout 2021-2022. The type of research used in this study is the type of research used in this research is normative and empirical research or commonly known as legal research which combines the two. The results of the research show that the form of Domestic Violence is caused by the occurrence of domestic violence starting from fights and also conflicts that occur as a result of differences of opinion and also debates that lead to violence both in the form of physical violence, namely beatings, kicks, and also encouragement made by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing, and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in Parepare City are individual factors, namely often drunk because of alcoholic beverages, those who grew up in difficult circumstances, perpetrators not used to controlling their anger, perpetrators have difficulty expressing feelings through words, people who experience pressure or stress due to work and not being able to deal with family matters as well as family factors which include chaotic family life, not loving and respecting each other, and not appreciating the role of women, lack of familiarity and social network relationships in the family, the nature of nuclear family life not the extended family. and Community factors consisting of poverty, urbanization that occurs accompanied by an income gap between residents, an environment with a high frequency of violence and crime to testify as a witness, namely about matters entrusted to them
Kewajiban Memberi Biaya Penghidupan Oleh Suami Kepada Mantan Istri (Studi Komparasi Antara Hukum Islam dan Hukum Perdata) Muh. Fahrul; Saharuddin Saharuddin; Lia Trizza Firgita Adhilia
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to know and understand the husband's obligation to provide living expenses to the ex-wife and the rights of the ex-wife after divorce. The type of research in this study is Normative-empirical. The results showed the ex-husband's obligations and the wife's rights after the divorce with the provisions attached to it as previously explained. For example, there are things that make the ex-wife get the right to provide whether it is Iddah, Mut'ah, or Lampau, but there are also things that cause the ex-wife to be not entitled to that right.
Penegakan Hukum Terhadap Kejahatan Judi Togel Online Muhadi Rahmat; Muh. Natsir; Muh. Darwis
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted with the following objectives to find out the inhibiting factors in overcoming the crime of online togel gambling in the legal area of ​​the Sidrap Police and to find out the process of law enforcement against the perpetrators of the crime of online togel gambling in the legal area of ​​the Sidrap Police. The type of research used in this writing is an empirical juridical approach because the problems studied are approached from society, law, and legal institutions, while the specifics of the research used are descriptive research, which means the problem-solving procedures studied are described by describing legal objects and subjects in the present day based on existing facts. The results of the study on the inhibiting factors in overcoming the crime of online lottery gambling in the jurisdiction of the Sidrap Police include law enforcement factors, facilities and facilities factors, punishment factors, server factors in countries that legalize gambling, factors using virtual private networks (VPN), community factor; and the law enforcement process against the perpetrators of the crime of online togel gambling in the legal area of ​​the Sidrap Police with the Suspect Sututi or ​​Suti Bin Sulong it has been proven to have committed the act of gambling or every person who intentionally and without rights distributes and/or transmits and/or makes accessing electronic information and/or electronic documents that have gambling content as referred to in the formulation of Article 303 paragraph (1) 2nd Criminal Code or Article 45 paragraph (2) Jo. Article 27 paragraph (2) of Law Number 19 of 2016 concerning Law Number 11 of 2008 concerning Information and Electronic Transactions.
Tindak Pidana Pencurian Dengan Kekerasan Zulfikar, Zulfikar; Mannan, Khaerul; Phireri, Phireri
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out the application of material criminal law by judges in the case of the Barru PN decision number 96/Pid.B/2021/PN.Barru and to know the judge's material legal considerations in the Barru PN decision case number 96/Pid.B/2021/PN .Barru. The research method used in this paper is normative research. The results of the research show that the Judge in deciding case Number 96/Pid.B/2021/PN.Barru was right and in accordance with the provisions of material and formal criminal law so that the decision was legally valid. In connection with all the elements legally and convincingly fulfilled according to law, it can be concluded that the elements of the crime of theft with violence have been fulfilled. The judge's considerations in imposing criminal sanctions on the perpetrators of the crime of theft with violence in decision number: 96/Pid.B/2021/PN.Barru namely by seeing that all the elements of the article in the Indictment are fulfilled in the form of a single indictment Article 365 paragraph 1 of the Criminal Code which is based on 2 (two) pieces of evidence plus the conviction of the judge. In addition, the judge in imposing criminal sanctions must consider mitigating and aggravating circumstances for the defendant
Kajian Yuridis Diskresi Kepolisian Dalam Hal Pembelaan Diri Terhadap Pelaku Kejahatan Herman Herman; Patahillah Asba; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority, but police actions that must be accounted for based on applicable laws and norms as well as the factors that cause police discretion to be exercised, namely the perpetrators do not heed the appeals of members in the field such as warning shots and calls for surrender or the perpetrators put up resistance against members or the public. that's there.
Kajian Yuridis Terhadap Perjanjian Utang Piutang Tidak Tertulis Muhammad Fikri Ramadhan; Kairuddin Karim; Auliah Ambarwati
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the legal basis that can bind unwritten debt agreements and to determine the strength of unwritten debt agreements as evidence. This study uses a type of normative legal research with a statutory approach and an analytical approach by examining and analyzing the legal issues being faced. The results of the research show that the legal basis that binds an unwritten debt agreement is contained in article 1313 of the Civil Code which states that an agreement is an act by which one or more parties bind themselves to another or more people. So the unwritten debt agreement must comply with the legal requirements of an agreement by Article 1320 of the Civil Code. And legally valid agreements apply as laws for those who make them, this is by Article 1338 Paragraph (1). For evidence that can be used in the event of a default on one of the parties, that is, you can use evidence of testimony (by bringing in more than one witness) and can be strengthened by electronic mail evidence.

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