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Muh. Akbar Fhad Syahril
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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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Reformasi Sistem Peradilan Pidana Indonesia: Tantangan dan Solusi Menuju Keadilan Efektif Cyta Sucy Marrismawati; Arini Asriyani; Muhammad Rusdi; Suprapto Suprapto; Sul Hendrawan
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The criminal justice system in Indonesia has undergone significant reforms to improve independence, capability, and responsiveness to human rights, with important regulations such as the Criminal Procedure Code, the Juvenile Criminal Justice System Law, and the Correctional System Law. However, major challenges still exist related to funding, operational competence, and coordination between law enforcement agencies. Suboptimal implementation, especially in the implementation of restorative justice and the protection of victims' rights, indicates the need for a systemic and comprehensive approach. Capacity building of law enforcement officials and inter-agency cooperation are needed to ensure a more effective and fair criminal justice system, so as to provide better justice for all parties involved.
Urgensi Perkembangan Regulasi Mafqud Dalam Mendapatkan Hak Waris Muhamad Arieva Chandra Aghisna; Sumiyati B; Darmawati Darmawati
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Determining mafqud status in inheritance is of course still a problem in this research. The judge who made the decision at the Yogyakarta and Bantul Religious Courts through his considerations used the basis of 467 and 468 of the Civil Code which can make a decision after 9 (nine) months. Problems occur when the Heir as an applicant whose object of inheritance is included in the object of compensation for losses on Government Development which has a period of time to fulfill its administration. The absence of norms in determining mafqud status can have legal consequences resulting in the failure to achieve legal objectives. There is very limited material law that is formally contained in the legal regulations for mafqud cases, so judges need to explore, follow and understand the legal values ​​that are developing by paying attention to the provisions of existing legislation and Islamic law contained in fiqh books as a reference and point of reference in examine and decide mafqud cases. Regulations for determining mafqud status are very important considering that dynamic legal developments are a matter of urgency to achieve legal objectives. This research is normative research that is explanatory in nature with a statutory, case approach, and uses secondary data sources obtained from primary, secondary and tertiary legal materials. Collection by literature study and based on the results of the discussion of the main problem, conclusions and suggestions can be drawn.
Retributivisme Kultural: Eksplorasi Fenomena Pembunuhan Demi Kehormatan (Honor Killing) dalam Lensa Teori Kriminologi Zul Khaidir Kadir
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Honor killing is a culture-based killing carried out under the pretext of maintaining family honor, rooted in patriarchal norms and traditional values that prioritize family honor over individual rights and freedoms. This phenomenon is supported by a broader cultural and social system, although it is still legally considered a forbidden murder. This study uses qualitative methods to understand social phenomena and human behavior, with a conceptual approach and data collection through literature studies. The findings of the study suggest that honor killing can be seen as a form of cultural retribution, where killing is used as a symbolic response to the loss of family honor. Relevant criminological theories to explain honor killing include the theory of cultural transmission, the theory of cultural conflict, as well as several bio-criminological theories such as the theory of sexual selection, the theory of paternity certainty, and the theory of maladaptive killing.
The Effect of Data Protection Regulations in the UU ITE on the Collection and Use of Tax Data Muh. Akbar Fhad Syahril; Wiwin Wiwin
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the influence of data protection regulations in the UU ITE on the collection and use of tax data in Indonesia. The provisions for personal data protection regulated in the IUU ITE, such as the obligation to obtain taxpayer approval and ensure data security, have a significant impact on the process of collecting and managing tax data. Despite the challenges of implementation, strong data protection can increase taxpayer trust and compliance, thereby optimizing state revenue. The study suggests steps that tax authorities can take to collect data effectively while still protecting individual privacy
Kewenangan Penyelidikan Kasus Korupsi di Tubuh TNI: Siapa yang Berhak? Dina Maliah Hasan; Muh. Akbar Fhad Syahril; Muhammad Tahir; Hasdar Hasdar; Murdiono Murdiono
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The handling of corruption cases within the Indonesian National Army (TNI) faces significant challenges related to the overlap of authority between the Corruption Eradication Commission (KPK) and the military judiciary. Based on Undang-Undang Nomor 31 Tahun 1997 tentang Peradilan Militer and Undang-Undang Nomor 30 Tahun 2002 tentang KPK, there are differences in jurisdiction that often cause conflicts in the handling of corruption cases involving members of the TNI. This study analyzes relevant regulations and underlying legal theories, and identifies the need for harmonization of laws and regulations, capacity building of law enforcement officials, and better coordination between law enforcement agencies. With a comprehensive and sustainable approach, it is hoped that the criminal justice system in Indonesia can function more effectively and provide fairer justice for all parties involved.
Peran Locus dan Tempus Delicti dalam Menentukan Kompetensi Pengadilan pada Kasus Kejahatan Siber Herman Balla; Jumardin Jumardin; Aksah Kasim; Abraham Kala Pappa
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the determination of locus and tempus delicti in cybercrime cases and their influence on court competence and law enforcement effectiveness. The research method used is normative research with a legislative approach. The results of the study show that the determination of locus and tempus delicti in cybercrime becomes complex because these crimes can be carried out from various different locations and at times that are difficult to determine with certainty. Several theories can be used to determine locus delicti, such as the theory of material action, the theory of tools used, and the theory of effect. Tempus delicti can be determined by looking at file logs or activity logs in the computer system. The determination of locus and tempus delicti greatly affects the competence of the court and the validity or not of the indictment. Further research, comprehensive policy development, international cooperation, and criminal law updates relevant to technological developments are needed to address these challenges and ensure effective and fair law enforcement against cybercrime.
The Role of Advocate in the Mediation Process of Divorce Cases at the Religious Court of Sidrap Wiwin Wiwin
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This article discusses the role of attorneys in the process of mediating divorce cases at the Sidrap Religious Court. This study aims to determine the role of attorneys in providing legal assistance in the mediation process of divorce cases so that mutually beneficial agreements are reached for both parties. This study used field research methods with descriptive qualitative through observation, interviews, and documentation studies. The results of this study indicate: First, the role of attorneys in the mediation process of divorce cases at the Sidrap Religious Court is to assist/represent and protect the interests of clients, facilitate effective communication, provide appropriate legal advice, and assist in reaching mutually beneficial agreements for both side. Second, the factors that influence the role of legal counsel in the Mediation Process of Divorce Cases at the Sidrap Religious Court are influenced by two factors, 1). Supporting factors that can influence the role and effectiveness of legal counsel are the legal factors themselves (laws), law enforcement factors, facilities or facilities that support law enforcement, community factors, and cultural factors. 2). Inhibiting factors that influence attorneys in the process of mediating divorce cases at the Sidrap Religious Court, namely community factors or the client itself. Third, the role of attorneys in the mediation process of divorce cases at the Islamic Religious Courts is based on the principles of Islamic family law, namely by understanding and applying the principles of Islamic family law in the mediation process.
Aborsi Dalam Kasus Pemerkosaan Anak: Perspektif Undang-Undang Nomor 17 Tahun 2023 dan Hak Asasi Manusia Natasya Putri Veruanti Manurung; A. Sakti R.S. Rakia; Wahab Aznul Hidaya
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the legalization of abortion due to rape of minors based on Undang-Undang No. 17 Tahun 2023 tentang Kesehatan dan perspektif HAM, and legal protection for children who have abortions in these situations. Using normative research methods, the results show that abortion can be allowed in accordance with the Pasal 60 Undang-Undang No. 17 Tahun 2023 with certain conditions, such as indications of medical emergencies and psychological trauma. From a human rights perspective, abortion can only be approved if it aims to save the lives of the fetus and the mother. Legal protection for children who have abortions due to rape is emphasized as a form of safeguarding the rights of children as victims, taking into account the reasons and conditions that force the child to commit the act. In conclusion, the law must ensure justice by considering the condition of the perpetrator, especially in cases of forced abortions.
Dilema Hak Cipta: Lagu Live di Kafe vs Perlindungan Pencipta Febriani Inggrit Risamena; A. Sakti R.S. Rakia; Masrifatun Mahmudah
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the legal protection for songwriters who sing live in cafes based on Law No. 28 of 2014 concerning Copyright. Using empirical juridical methods, this study examined secondary and primary data. The results of the study show that the use of live music is regulated in the Copyright Law and Government Regulation No. 56 of 2021, which requires permission and royalty payments to copyright holders. Legal protection can be enforced through alternative dispute resolution, litigation, or criminal prosecution to prevent and minimize copyright infringement.
Urgensi Reformasi UU Narkotika dan UU ITE Menghadapi Ancaman Narkoba di Era Digital Muhammad Natsir; Muh. Akbar Fhad Syahril; Ardiyanti Aris; A. Dzulqarnain
Jurnal Litigasi Amsir Vol 11 No 4 (2024): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research examines the urgency of reform and harmonization Undang-Undang Narkotika (UU No. 35 Tahun 2009) dan Undang-Undang Informasi dan Transaksi Elektronik (UU No. 19 Tahun 2016) in facing the challenges of drug crime in the digital era. Through a normative juridical analysis of current cases and weaknesses in existing regulations, this study identifies an urgent need to expand the definition and scope of technology-based narcotics crimes, strengthen digital evidentiary aspects, regulate digital platform responsibilities, enhance international cooperation, integrate digital rehabilitation approaches, and provide special protection for children and adolescents in cyberspace. The study also emphasizes the importance of harmonization of the two laws accompanied by increasing the capacity of law enforcement in digital forensics and the use of advanced technologies such as artificial intelligence (AI) and big data analysis, while still paying attention to ethical aspects and human rights protection. The results of the study show that a comprehensive approach to legal reform is needed to create a more responsive and effective regulatory framework in tackling drug crime in the digital era, as well as anticipating technological developments and adaptations carried out by drug offenders in the future.

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