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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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Transformasi Persidangan Pidana: Model Keadilan Restoratif PN Wamena Saifullah Anwar; Irna Irna; Simon Marian; Jimince Jimrianita Kogoya
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

Justice is a necessity and hope for justice seekers. In the criminal context, restorative justice is needed where judges play an important role in enforcing it. This study aims to explain the ideal practice of trial based on restorative justice. This study uses a qualitative approach with the type of empirical research through in-depth interviews. The research population is apparatus at the Wamena District Court with three categories of samples, namely key informants, main and supporters. The results of the study show that the ideal practice of restorative justice for judges is by presenting victims through online trial means or victims can be represented by heirs or who is appointed based on a special power of attorney. The judge can give the defendant the opportunity to contact the family at trial, and can present the defendant's family at trial. In addition, judges can involve traditional or community leaders so that communication can run effectively and efficiently.
Personal Data Leaks Ahead of 2024 Elections: Threats to Integrity and Public Trust Muh. Akbar Fhad Syahril; Dina Maliah Hasan; Nurhaedah Hasan
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 analyze the effectiveness of personal data protection in Indonesia, especially ahead of the 2024 General Election, with a focus on Undang-Undang Perlindungan Data Pribadi. Although the Undang-Undang PDP has provided a comprehensive legal framework, the results of the study show that challenges in its implementation are still significant, such as data leak incidents and weak law enforcement. The recommendations produced include increasing socialization and education, strengthening supervisory institutions, and collaboration between the government, institutions, and the community. With joint efforts, it is hoped that personal data protection can be improved so that the community feels safe in participating in the democratic process
Dampak Kebocoran Data Bjorka pada Kepatuhan Wajib Pajak: Perspektif Akuntansi Keperilakuan Muh. Akbar Fhad Syahril; Hamida Hasan; Nurhaedah Hasan
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 the impact of NPWP data leakage by Bjorka on the perception of security and compliance of taxpayers in Indonesia from the perspective of behavioral accounting. Using normative legal research methods with legislative, conceptual, and case approaches, this study analyzes how the incident affects public trust in the tax system. The results show that data leaks have the potential to reduce tax compliance levels through the erosion of trust and changes in security perceptions. Behavioral accounting theories such as attribution theory, planned behavior, and procedural fairness are used to explain this phenomenon. The study also proposes a comprehensive mitigation strategy that includes improved technical security, communication reforms, and restructuring of tax compliance incentives. The implications of this study are significant for policymakers in designing strategies to restore public trust and improve tax compliance after data leak incidents.
Reinterpretasi Teori Lombroso dalam Konteks Hukum Pidana Modern: Kapan Born Criminal Menjadi Insanity Defense? Zul Khaidir Kadir
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 born criminal theory, rooted in biological determinism, explains that criminality is the result of genetically inherited traits that can be recognized through distinctive physical characteristics, indicating an evolutionary regression to a primitive stage of humankind. On the other hand, the insanity defense is a criminal law doctrine that states that individuals who suffer from mental disorders at the time of committing a crime cannot be held accountable because it eliminates the evil mental attitude. Although Lombroso's theory emphasized that criminals are innately predisposed to crime due to uncontrollable biological factors, this concept has rarely been explored within the insanity defense framework. This study used qualitative research methods. Qualitative research is research to understand social phenomena and human behavior by processing descriptive data. This research was conducted using a conceptual approach. The data collection method was collected using library research, then analyzed using qualitative methods and presented descriptively. Research findings show that meeting point between Lombroso's born criminal theory and the concept of insanity defense in modern criminal law lies in the recognition that biological factors can influence a person's criminal behavior, albeit with a more scientific and comprehensive understanding today. However, unlike Lombroso's view that ignores free will, modern law views that these biological influences do not completely determine a person's behavior, but must be evaluated individually in the context of the defendant's mental capacity at the time of the crime.
Dari Kertas ke Kepastian: Peran Krusial Bukti Surat dalam Konflik Pertanahan Gunawang Gunawang; Mutmainna Mutmainna
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 the power of evidentiary evidence in land dispute resolution in Indonesia, as well as the process of resolving land disputes through litigation. Using normative legal research methods, this study analyzes the role and significance of letter evidence in the context of Indonesia's agrarian law, as well as the challenges faced in the digital era. Furthermore, this study also discusses the complexity of the litigation process in land disputes, including the stages of proof, the role of judges, and the social impact caused. The results of the study show that although letter evidence has strong evidentiary power, verification of the validity and consistency of court decisions is a crucial issue. The study also underscores the importance of judicial system reform and a holistic approach to land dispute resolution to achieve more comprehensive justice.
Menggugat Keberanian: Tindak Pidana Kekerasan Dalam Rumah Tangga dalam Tinjauan Yuridis Darlia Darlia; Patahillah Asba; Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the Judge's Legal Considerations in Decision Number: 89/Pid.Sus/2021/PN.Sdr and the application of the Material Criminal Law in the case. This study uses normative law research methods, which focus on theoretical analysis and deductive logic. The results of the study show that the application of criminal law to domestic violence by husbands against wives is in accordance with Pasal 44 Ayat (1) Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga. The judge considers the fulfillment of the elements in the article based on the facts revealed during the trial. The defendant was sentenced to five months in prison and was required to pay a case fee of five thousand rupiah. In making a decision, the judge considers the prosecutor's demands, evidence, testimony, and aggravating and mitigating circumstances, without any justifying reason to acquit the defendant of guilt.
Dari Hukum ke Realitas: Penegakan Hukum terhadap Pekerja Seks Komersial dalam Kasus Prostitusi Tiara Nurul Falaq; Johamran Pransisto; Muhammad Tahir
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to identify the legal rules that apply to Commercial Sex Workers (PSK) and explore the law enforcement measures against them, as well as the reasons behind the rise of prostitution. The method used is empirical normative legal research with case studies in the jurisdiction of the Parepare Police, using primary and secondary data. Data analysis was carried out qualitatively. The results of the study show that the act of prostitution in Parepare is influenced by several factors, including the damage to people's moral values, the spread of sexually transmitted diseases, sexual deviation, the mental decline of the perpetrators, the decline in religious knowledge, and easy access to social media related to prostitution. Law enforcement against prostitution violations is carried out based on community complaints and refers to Kitab Undang-Undang Hukum Pidana (KUHP) Pasal 296 and Pasal 506 and Undang-Undang Nomor 44 Tahun 2008 tentang Pornografi.
Kajian Yuridis Perlindungan Hukum Terhadap Konsumen Akibat Perbedaan Harga Yang Pada Rak dan Kasir Gustiawan K; Siti Muslimah Suciati; Aksah Kasim; Andi Heridah
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research is expected to be used as a reference in solving problems related to price differences on shelves and cashiers towards consumers and how Alfamart is responsible for the problems of price differences that exist on shelves and cash registers experienced by consumers. This research uses a normative-empirical research type with a statute approach and a social approach. The results of the study show that consumers can exercise their rights to hold Alfamart accountable due to differences in price tags on shelves and cash registers and Alfamart must be responsible by compensating for losses according to the price that must be paid by consumers and be more careful when replacing old price tags with the newest price tags on shelves so that consumers don't get confused.
Penerapan Sanksi Hukum: Analisis Kontemporer Berdasarkan Kitab Undang-Undang Hukum Pidana Salman Sahrir; Muh. Fadli Faisal Rasyid; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
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 sanctions according to the Criminal Code and to find out the constraints faced in applying sanctions according to the Criminal Code. The type of research used is normative research, a normative method is legal research regarding the application of legal provisions (codification, laws or contracts) in action at every legal event to analyze law that is seen as community behavior. Based on the analysis of data and facts, the conclusions are as follows: . Forms of Types of Criminal Sanctions. in criminal law it can be seen in Article 10 of the Criminal Code. Article 10 of the Criminal Code stipulates that punishment consists of Principal Crimes, which consist of Death Penalties. Death penalty is the harshest punishment in the criminal system, imprisonment is the principal punishment in the form of confinement or deprivation of a person's freedom, and detention is a form of punishment for deprivation of liberty for the convicted person, criminal fines as well as additional crimes and constraints faced in the application of sanctions according to the Criminal Code, these influential factors can be grouped into two, namely internal factors which include Judge Internal Factors, namely the Application of Different Knowledge, Judge Integrity, Trust and Human Sense, Meanwhile and external factors. Judges namely Intervention from Superiors, Mass Pressure and Political Pressure.
Penerapan Restorative Justice Dalam Proses Penyidikan Tindak Pidana Penganiayaan Asriadi Asriadi; Muhammad Natsir; Phireri Phireri
Jurnal Litigasi Amsir Vol 12 No 1 (2024): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the factors that hinder the application of restorative justice in the investigation of violent crimes in the Barru Police. The method used is empirical research with a legislative approach and case studies. The results of the study show that the lack of agreement between the victim and the perpetrator is the main factor in the non-occurrence of restorative justice, where the victim prefers to continue the case to the court to get punishment for the perpetrator. In addition, victims often apply conditions that cannot be fulfilled by the perpetrator, such as rehabilitation costs. The application of restorative justice at the Barru Police is carried out through mediation between the perpetrator, the victim, and the victim's family, by involving neutral parties such as community leaders and religious leaders. This process follows the provisions in Peraturan Kapolri Nomor 8 Tahun 2021 tentang Penghentian Tindak Pidana Berdasarkan Keadilan Restoratif, and cases that are successfully resolved restoratively tend to be stable every year.

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