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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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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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Dilema Kepemilikan Sertipikat Ganda: Kasus Kontroversial Obyek Tanah Rusman Rusman; Aksah Kasim; Andi Heridah; Johamran Pransisto
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aimed to identify the causes of dual land certificate ownership and explore solutions to this issue, utilizing a normative-empirical research approach. The findings indicate that dual certificates often result from landowners' negligence in managing their property, leading to unauthorized takeover by others. Additionally, flaws in the National Land Agency's system, lack of a comprehensive land database, and inaccurate or missing local government records contribute to the problem. Solutions include direct negotiation or mediation between parties, with the option of legal action through the State Administrative Court if unresolved.
Dinamika Pembatalan Hak Atas Tanah: Sebuah Tinjauan Yuridis Komprehensif Asrullah Asrullah; Kairuddin Karim; Muh. Darwis; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the factors causing the cancellation of land rights due to administrative defects and the mechanism for cancellation. Using normative and empirical juridical approaches, this study examines Agrarian law regulation and practice in the field. As a result, cancellations often occur due to falsification of data and misuse of identity, affecting the real landowner. The settlement of the case at the Pinrang Regency Land Agency Office refers to Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional RI No. 21 Tahun 2020.
Melangkah ke dalam Kegelapan: Kajian Yuridis Tindak Pidana Pembunuhan dalam Pengaruh Alkohol Emil Fitra Nur; Muhammad Natsir; Phireri Phireri; Khaerul Mannan
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to analyze the considerations made by the panel of judges in delivering a decision on a murder case influenced by alcohol, as seen in Decision Number 62/Pid.B/2022/PN.Bar. Additionally, it investigates the application of the law by the panel of judges in reaching a verdict concerning this crime. This research adopts a normative approach, utilizing both statutory analysis and a case study. The findings reveal that the judge's decision-making process in the aforementioned case, Decision Number 62/Pid.B/2022/PN.Bar, was based on juridical considerations, including the evidence presented during the trial, as well as non-juridical factors, such as aggravating and mitigating circumstances related to the defendant. The application of the law by the panel of judges in delivering a verdict on the crime of murder influenced by alcohol in Decision Number 62/Pid.B/2022/PN.Bar was deemed appropriate and in accordance with the primary indictment put forth by the public prosecutor. The defendant's actions were considered both lawful and convincing, leading to a sentence of 7 (seven) years of imprisonment.
Pemenuhan Hak Pengurangan Masa Pidana (Remisi) Terhadap Narapidana di Lembaga Pemasyarakatan Marwati Marwati; Suardi Suardi; Moch. Alafatah Alti Putra
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The aim of this research is to determine the fulfillment of the right to reduce the sentence period (remission) for prisoners at the Parepare Class IIA Correctional Institution. To find out the factors that hinder the implementation of the right to reduce the sentence (remission) for prisoners at the Parepare Class IIA Correctional Institution. The research method was carried out using empirical juridical research. The research results show that the fulfillment of the right to reduce the criminal period (remission) in the Class IIA Parepare correctional institution has implemented the granting of remissions to prisoners in accordance with existing laws and regulations. The factors inhibiting the implementation of the right to reduce the criminal period (remission) for prisoners in the Parepare Class IIA Correctional Institution are juridical factors, institutional and human resource factors, facilities and infrastructure factors, factors of prisoner behavior, and cultural factors. Another factor is external factors, namely obstacles to remission that occur outside the prisoner himself, and outside the authority of the Class II A Parepare Penitentiary.
Analisis Yuridis Putusan Hakim Dalam Penjatuhan Tindak Pidana Asusila Terhadap Anak Anderwati Maku; Darmawati Darmawati; Apriyanto Nusa
Jurnal Litigasi Amsir Vol 11 No 2 (2024): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research focuses on the application of criminal law and judicial considerations in cases of immoral acts against children, as exemplified in Decision Number 53/Pid.sus/2019/PN.Tmt. The study employs normative legal research methods, utilizing library research and analyzing secondary and primary legal materials. The analysis is prescriptive, aiming to assess the correctness or appropriateness of the subject under study according to the law. The Child Protection Law outlines various sanctions for perpetrators of immoral acts against children, often stemming from promiscuity and dating relationships between perpetrators and victims. The study underscores the need for both internal and external monitoring to address morality crimes against children effectively.
Optimalkan Investasi: Pendekatan Hukum dalam Kerjasama Investor dan Perusahaan Kelapa Sawit Djulya Eka Pusvita; Arini Asriyani
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 aims to find out and analyze the system for implementing investment cooperation agreements between investors and palm oil companies in Mamuju and to find out and analyze the legal protection of investors in implementing investment cooperation agreements between investors and palm oil companies in Mamuju. This legal research uses empirical juridical research. The research results show that the implementation of investment at PT. Surya Raya Lestari 2, which is a subsidiary of PT. Astra is regulated in the Introduction to Palm Oil Investment and Investment Cooperation Agreement stages. Customer self-monitoring is essential in ensuring smooth investment. Investor protection is embodied in futures exchange regulations. PT. Surya Raya Lestari 2 offers settlement options through internal civil proceedings or futures exchange institutions, as well as criminal proceedings through BAPPEBTI or law enforcement agencies, which confirms its legal commitment to guaranteeing investment security and sustainability.
Memahami Kompleksitas Hukum: Penanganan Penyalahgunaan Narkotika oleh Anak di Kawasan Makassar Murdiono Murdiono; Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 11 No 2 (2024): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to analyze the application of the law towards criminal abuse of narcotics committed by children in Makassar City (Case Study Decision: Number 8/Pid.Sus-Anak/2020/Pn Mks). The research method used is a non-doctoral (empirical) legal research method. This research uses primary and secondary data in studying analyzing, and analyzing norms, rules and judge considerations in court decisions regarding the abuse of narcotics crimes committed. by children in Makassar City.
Menyingkap Kerumitan: Kajian Hukum Tentang Pemasangan Alat Peraga Kampanye Pemilu 2024 Pada Pohon Phireri Phireri; Muh. Akbar Fhad Syahril; Nurul Annisa
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

Elections have been considered a measure of democracy because people can participate in determining their attitudes towards their government and country. Elections are important in the life of a state. Elections are part of a democratic system through which the people determine their representatives. In general elections, political campaigns are one way for candidates to introduce themselves and their programs to the public. However, in the implementation of political campaigns, some rules must be followed by the candidates so that the campaign runs in an orderly manner and does not violate the law. In the implementation of political campaigns, some rules must be followed by candidates so that the campaign runs in an orderly manner and does not violate the law. One of the things that is so synonymous with the campaign period is the increasingly crowded and large number of campaign props used by candidates/election participants and their success teams. This is one of the methods for candidates to conduct campaigns so that the public can know their entire vision, mission, program, and identity.
Tragedi Tanah: Menyelusuri Pelanggaran Hukum dalam Sengketa Hak Milik Gunawang Gunawang; Sitti Khadijah Nur Fajri
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

A land title certificate is valid proof of the outcome of the land registration process. According to Article 19 paragraph (2) of the UUPA, registration involves a series of activities that culminate in the granting of a certificate as proof of legal ownership. The certificate, the form of which is determined by the Minister, is a copy of the land book or picture of the situation stitched together. Land with a certificate has been registered in accordance with applicable laws and regulations, indicating legal ownership.
Urgensi Criminal Liability dalam Rangka Pembaharuan Punishment System Criminal of Law Herman Balla; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 11 No 3 (2024): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The Criminal Code (KUHP) is not in accordance with the values prevailing in society. Guidelines in the formulation of crimes are currently only concerned with the provisions of criminal acts and mistakes without including the purpose and principles of punishment. This article aims to determine the urgency of the purpose and guidelines for criminalization to be formulated / formulated in the Criminal Code, and to analyze how the objectives and guidelines for punishment are formulated and integrated in the reform of the criminal system in the future. This article uses a normative juridical approach with a statutory and conceptual approach. The results of the study show the urgency of the objectives and guidelines for punishment due to the problems associated with the aging of the Criminal Code at this time and the development of problems that arise in the midst of public life and criminal guidelines are the basic provisions that give direction, which determine in the imposition of a criminal. instructions for judges in applying and imposing crimes. In the future the welfare and protection of the community can be realized and as a guarantor there is no decrease in the degree of humanity / dehumanization in the implementation of crimes

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