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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 235 Documents
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Legal and Fiscal Implications of Class C Mineral Tax on Geological Resource Management Muh. Akbar Fhad Syahril; Nurhaedah Hasan; Haslinda Hasan
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 management of Group C minerals, focusing on challenges such as illegal mining, inaccurate valuation of sale value, weak supervision, and the lack of integration of environmental and social aspects in mining regulations. Through the analysis of Law No. 4 of 2009 on Mineral and Coal Mining and case studies in several regions, this study suggests the revision of regulations, improvement of supervision, application of information technology, and cooperation between governments for more effective management. These recommendations aim to assist policymakers in reforming the mining sector, especially for Group C minerals, to ensure its management is more equitable, efficient, and sustainable, while emphasizing the importance of adaptive and flexible policies to face global dynamics.
Analisis Komparatif Tindak Pidana Penipuan Dalam KUHP Kolonial dan KUHP Nasional Delvi Paluaran; Sunardi Purwanda; Aksah Kasim; Jumardin Jumardin
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 crime of fraud is a crime whose object is property. In the old colonial Criminal Code (a term for colonial products), this crime was regulated in Chapter XXV, ranging from Article 378 to Article 395, termed as "fraudulent act" or bedrog. After the new national Criminal Code (a term for indigenous products) was passed into Law Number 1 Year 2023 on the Criminal Code, does it still have similarities with the crime of fraud known in the Colonial Criminal Code? How is the difference between the two arrangements? The purpose of this study is to determine the difference in substance of the elements of the crime of fraud in the Colonial Criminal Code and the National Criminal Code, and also to determine the substance of the difference in sanctions between the crime of fraud in the Colonial Criminal Code and the National Criminal Code. This research uses normative legal research with a statutory approach and a comparative approach. Types and sources of legal materials using primary legal materials and secondary legal materials and tertiary legal materials. The results show that the difference in substance in the subjective elements is found with the presence of different terms between the phrase "whoever" and the phrase "every person". Likewise with the objective elements, namely "false dignity" and "false position", "series of lies" and "false words" and the addition in the National Criminal Code of "acknowledgment of debt". The substance of the difference in sanctions between the crime of fraud in the Colonial Criminal Code and the National Criminal Code is the focus on imprisonment for the Colonial Criminal Code while for the New Criminal Code in addition to imprisonment there is also a fine with the form of Category V fines.
Legal Analysis of the Application of Cyber Notary in the Notary Profession in Indonesia Muh. Akbar Fhad Syahril; Nurhaedah Hasan
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 implementation of the cyber notary concept within the notarial profession in Indonesia, focusing on the associated challenges and opportunities. The research employs a normative legal method with statutory, conceptual, and empirical approaches. The analysis reveals that while the Indonesian legal framework, including the Law on Notary Position (UUJN) and the Electronic Information and Transactions Law (UU ITE), provides a foundational basis for cyber notary practices, significant regulatory gaps and uncertainties remain. Key challenges include the lack of detailed regulations, data security and privacy concerns, and the readiness of technological infrastructure and human resources. Despite these challenges, the potential benefits of cyber notary, such as increased efficiency and business facilitation, are substantial, particularly in the context of the COVID-19 pandemic. The study concludes that comprehensive regulatory development, enhanced training for notaries, and robust data security measures are essential for the effective implementation of cyber notary in Indonesia. This research contributes to the discourse on digital transformation in legal services and offers policy recommendations to support the adoption of cyber notary practices
Artificial Intelligence dan Hak Asasi Manusia: Kajian Hukum tentang Potensi Bahaya di Indonesia Muh. Akbar Fhad Syahril; A. Darmawansya TL; Murdiono Murdiono; Arini Asriyani
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 potential dangers of Artificial Intelligence (AI) to human rights in Indonesia using a socio-legal approach that combines normative legal analysis and social perspectives. Existing regulations such as the ITE Law and related regulations are inadequate because they do not specifically address human rights protection, accountability, and transparency in the use of AI. Meanwhile, from the social side, AI carries the risk of bias, discrimination, privacy violations, and threats to freedom of expression. Comprehensive regulations and effective law enforcement are needed to ensure the responsible use of AI and respect for human rights in Indonesia.
Urgensi Pengadaan Bilik Asmara Bagi Narapidana Yang Telah Menikah Wiwin Wiwin
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

Sexual rights are fundamental human rights that must be protected and upheld by the state. The state's responsibility in this regard faces specific challenges because the Family Visit Leave (Cuti Mengunjungi Keluarga-CMK) mechanism has not been sufficient to meet the sexual needs of married inmates. Therefore, an alternative mechanism is needed to fulfill the sexual rights of inmates, in the form of providing love rooms (bilik asmara). This research aims to explore the urgency of establishing love rooms for married inmates. The study employs a normative research approach with juridical and conceptual approaches. The findings indicate that establishing love rooms in correctional facilities is urgent to fulfill the sexual rights of married inmates. The provision of love rooms aligns with the second principle of Pancasila, which emphasizes the fulfillment of sexual rights as a commitment of the state to humanize its citizens. Establishing love rooms is also crucial to fulfill constitutional rights of citizens and the state's responsibilities concerning marriage. Ultimately, the provision of love rooms will contribute to maintaining family harmony and meeting the sexual needs of inmate couples.
Dari Nada ke Rupiah: Memahami Kontrak Pencipta Lagu dengan Aggregator Musik Muhammad Ryan Jahrul; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to examine the form of agreement between songwriters and music aggregators in Sidenreng Rappang Regency. Using normative and empirical legal research methods, this study found that agreements are generally in the form of standard contracts prepared by aggregators. The main challenges in the implementation of the agreement include the collection and distribution of royalties. Although registration is not mandatory for copyright validity, it makes it easier to prove in the event of a dispute.
Penegakan Hukum dan Keadilan Restoratif dalam Kasus Penggelapan Dana Nasabah: Telaah Putusan No. 107/Pid.B/2022/PN.Pin Hikma Awdina; Lilis Suryani; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines legal considerations and the application of law by judges in Decision No.107/Pid.B/2022/PN. Pin related to the case of falsifying payment documents as a means of embezzlement of customer funds. Using normative research methods, this study analyzes the verdict based on the statements of witnesses and defendants, evidence, indictments, and demands of the public prosecutor. The results of the study show that the criminal act is regulated in Article 374 of the Criminal Code Jo Article 64 Paragraph (1) of the Criminal Code. The defendant, Afri Anjas Situmeang, was found guilty of "Embezzlement committed by a person who controls the goods because there is a continuing employment relationship" and was sentenced to 1 year and 7 months in prison. This research provides insight into the application of the law in cases of embezzlement of customer funds and the judge's considerations in making decisions.
Kajian Yuridis Multidimensi: Mengatasi Tantangan Eksploitasi Anak dan Mengembangkan Solusi Hukum Adaptif Muh. Farhan Mushsinulkhair FR; Muhammad Sabir Rahman; Patahillah Asba; Muhammad Darwis
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The results of the study showed that the factors that led to the exploitation of children in Parepare City were economic, low education from parents, and lack of education related to exploitation issues, which caused parents not to know that if a minor was employed it would already be included in the realm of a crime even though it was their child, and another factor was the general public's lack of awareness in reporting child exploitation. 35 of 2014 concerning Child Protection which reads "Everyone who violates the provisions referred to in article 76I, shall be punished with imprisonment for a maximum of 10 (ten) years and/or a fine of up to Rp. 2000.000.000.00, (Two Hundred Million Rupiah).
Parental Divorce: How to Ensure Child Support Rights are Protected? Muh. Akbar Fhad Syahril; Hasrianti Hasrianti
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines marriage law related to the implementation of child support rights after divorce, as well as legal remedies that can be taken by the child or his mother when the father does not fulfil his obligations by Law Number 1 of 1974 concerning Marriage. The type of research used is normative legal research, which analyzes case studies of decision number 134/Pdt.G/2023/PA. Bitter melon is qualitatively descriptive. The results of the study indicate the fulfilment of children's rights to support due to parental divorce at the Parepare Religious Court, based on a case study of decision number 134/Pdt.G/2023/PA. Pare, has not gone well because the ex-husband did not fulfil his obligations due to economic factors. On the other hand, the mother in this case felt that seeking justice through the courts would take too long and cost too much money, so she chose to finance her child's needs herself.
Suami dan Tanggung Jawab Terhadap Istri dalam Iddah: Sebuah Kajian Analisis Yuridis Musyrifa S; Saharuddin Saharuddin; Ardiyanti Aris
Jurnal Litigasi Amsir 2024: (Special Isu) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to investigate how husbands fulfill their responsibilities towards wives during the iddah period and identify the challenges that arise in the implementation of the husband's responsibilities towards the wife during iddah. The research employs both normative and empirical approaches, including legal, case, and social approaches. The findings reveal that the husband's responsibilities towards the wife during iddah in civil law, including in Indonesia, encompass crucial aspects such as mut'ah alimony, madhiyah alimony, child support, dowry, and the division of shared assets. Law Number 1 of 1974 (c) provides the legal basis to obligate former husbands to provide financial support to their ex-wives. The primary challenges lie in economic issues, where some husbands may be unable to pay iddah alimony, coupled with a lack of understanding and awareness among involved parties regarding the legal resolution process. Therefore, efforts are needed to enhance public awareness regarding rights and obligations in this situation to facilitate the resolution of emerging issues.

Page 15 of 24 | Total Record : 235

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