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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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Menebus Kesalahan, Meraih Hak: Kisah Narapidana Narkotika di Balik Jeruji Muhammad Fadli Muslimin; Iswandy Rani Saputra; Amir Amir
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 determine the implementation of fulfilling the rights of prisoners who abuse narcotics in the Class IIB Pinrang Detention Center based on UUD Number 22 of 2022 concerning Corrections and the Obstacles faced by the IIB Pinrang Detention Center in implementing the fulfilment of prisoners' rights. This research uses a normative-empirical type of legal research. The research results show that the Class IIB Pinrang Detention Center has fulfilled prisoners' rights following the rules in Article 9 of Law Number 22 of 2022 concerning Corrections. These efforts are implemented through coaching activities as well as coaching social activities, health education, and job guidance. This is also done by providing service innovation and supporting facilities and infrastructure. The obstacles faced in implementing the fulfilment of prisoners' rights at the Pinrang Class IIB Detention Center are that religious activities require preachers so that prisoners are better than before, information services that must be socialized to understand better the terms and conditions of getting remission, getting newer reading materials. to increase interest in reading and for inmates who have families far from remote areas to make it easier to visit the class IIB Pinrang prison.
Perkawinan Usia Dini: Menggali Aspek Hukum dan Sosial Pengesahan untuk Anak di Bawah Umur Fayzah Nazmah; Aldo Yanuarto; Alviiianur Alviiianur; Muhammad Rifky; A. Dzulqarnain
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

The legalization of marriage or isbat nikah is a legal process regulated in Undang-Undang Nomor 1 Tahun 1974in Indonesia, aiming to provide legal certainty and protection for married couples. The study focused on cases of marriage legalization in Martapura, South Kalimantan, from 2021 to 2022, which identified challenges in implementing regulations, especially related to unofficially registered marriages and the practice of underage marriage. The study results show that although there are clear legal provisions, their implementation is often influenced by the social and cultural norms of the community. The cases rejected and granted by judges reflect the complexity of handling serial marriages, where there is a conflict between state law and religious validity. A holistic approach is needed to raise awareness of the importance of marriage registration and protecting children's rights so that all marriages can be legally recognized.
Menguak Perbedaan: Regulasi Pidana Mati dalam Sejarah Hukum Indonesia dari Tahun 1946 hingga 2023 Herman Balla; Iswandy Rani Saputra; Jumadi S; Siswanto Siswanto
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 study compares the regulations regarding the death penalty between the Indonesian Criminal Code and Law Number 01 of 2023 concerning the Criminal Code. Utilizing a normative juridical research method, which relies on library literature including laws and scientific works, the research analyzes primary, secondary, and tertiary legal data. Under Law No. 02/PNPS/1964, executions are carried out by firing squad. Key differences highlighted include the possibility of converting the death penalty to life imprisonment after ten years of good behavior, the reclassification of the death penalty as an alternative punishment rather than a basic criminal category, and specific provisions for pregnant women, breastfeeding mothers, and mentally ill individuals in the National Criminal Code. The new regulations emphasize human rights and reflect a more modern approach aligned with Indonesian legal culture.
Dari Dualisme ke Monisme: Transformasi Konsep Mens Rea dalam Kodifikasi KUHP di Negara-Negara Poskolonial 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

Postcolonial countries, including Indonesia, inherited criminal law imported from colonial powers, which in many schemes reflects a dualistic view of crime. In the dualistic approach, mens rea is seen as a separate element and needs to be evaluated separately from actus reus. However, in many countries that experienced colonialism, there was a tendency to abandon the concepts of man in strict conditions and move to a more monistic approach. This study uses a normative research method with a comparative approach. The data collection method was collected using literature studies (library research), then analyzed using qualitative methods and presented descriptively. The results of the study indicate that countries that inherited colonial legal systems tend to face a dilemma between maintaining a more idealistic dualism or adopting a more practical monism in dealing with increasingly varied crimes. This flexible and adaptive approach allows the criminal law system to achieve a balance between substantive justice and legal certainty, while ensuring that individual rights are respected in the law enforcement process.
Legal Optimization Through Juridical Study of Illegal Logging Crimes: Efforts to Prevent Adverse Environmental Damage St Aisyah; Muh. Fadli Faisal Rasyid; 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 research aims to determine the consequences of illegal logging laws that result in environmental damage in the Enrekang Regency and identify the obstacles officers face in handling illegal logging cases that result in ecological damage in the Enrekang Regency. The type of research used is normative and empirical research. This research is supported by a Legislative Approach (statue approach) and a Social Approach (Social Approach). Illegal logging in Enrekang Regency is regulated in Law Number 18 of 2013, namely a maximum prison sentence of 5 years and a maximum fine of IDR 2.5 billion. Handling cases of illegal logging in Enrekang Regency faces several obstacles, namely, limited human resources for forestry police, difficulty in patrolling the forest, the size of the forest area, lack of budget, and lack of patrol vehicles
Model Pemenuhan Hak Pendidikan Anak Sebagai Bagian dari Pembinaan Anak Yang Berhadapan Dengan Hukum Deddy Abdul; Darmawati Darmawati; Apriyanto Nusa
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

Law No. 11 of 2012 concering the Juvenile Criminal Justice Syistem (SPPA) has legally changed the paradigm and handling of children in conflict with the law. The strategic role of corrections has begun to move since tre-trial, adjudications, to Post adjudications, children since being placed in the correctional instution. Especially for children during their sentence, the role of LPKA is to provide services, care, guidance, education. Supervision of children must really pay attention to the rights of children and the basic principles of handling children. The basic principles inherent in children, namely the best interests of children, non-discrimination, respecting children’s opinions and the growth and development of children must be the basic guidelines in the treatment of children. his type of research uses normative legal research using a statutory and case approach. The results of this study are that the systems, mechanisms and procedures for child development refer to Law Number 12 of 1995 and Law Number 11 of 2012 and Government Regulation Number 31 of 1999 which consists of 3 (three) stages, namely Earl Stage Development, Development Advanced Stage and Final Stage Coaching. The ideal coaching is through the Child Friendly Integrated Development System Model, which is a child coaching system that is carried out individually or in groups according to the needs of the child by directly involving officers, families, communities and local governments by paying attention to legal, organizational and management aspects, human resources, budget, facilities and infrastructure, socio-cultural as well as the principle of the best interestsofthechild.
Memutus Rantai Kemiskinan: Upaya Pemerintah Merehabilitasi Gelandangan dan Pengemis Rahmatullah Rahmatullah; Marwan Djafar; Nur Insani
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 analyzes the strategy of the Gorontalo City Government in dealing with homeless people and beggars based on Peraturan Daerah No. 1 Tahun 2018 tentang Ketertiban Umum. This study uses qualitative methods to evaluate the effectiveness of policy implementation, barriers, and impacts. The results show that despite active efforts, the effectiveness of control still needs to be improved due to constraints such as lack of resources and public awareness. Control has succeeded in reducing the number of homeless people and beggars in some public areas, but long-term solutions still need to be strengthened. Inhibiting factors include a lack of coordination between agencies, limited rehabilitation facilities, and community response.
Disparitas Isbat Nikah: Kasus Isteri Terikat Perkawinan Sebelumnya di Pengadilan Agama Gorontalo Shalsa Amiruddin; Nur Insani; Hijrah Lahaling
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 analyzes the judge's considerations in the case of isbat nikah of wives who are still bound by previous marriages, focusing on case study Number 311/Pdt.P/2019/PA. Gtlo and Number 255/Pdt.P/2022/PA. Gtlo at the Gorontalo Religious Court. The method used is juridical normative legal research. The results show that the judge in the first case granted the isbat nikah application, providing clarity and legality of the marital status that was previously unclear, based on the principles of justice, certainty, and utility. On the contrary, the second case rejected the application, resulting in uncertainty of the legal status for the applicant and their children. This disparity in decisions is caused by factors such as legal structure, legal substance, and legal culture
Merek UMKM, Aset Bangsa: Langkah Tegas Pemerintah Memperkuat Perlindungan Hukum Frangky Radjak; Hijrah Lahaling; Sumiyati Beddu
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 importance of product brand protection for MSMEs is regulated by Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografiswhich grants exclusive rights to registered trademark owners. However, awareness and participation of MSMEs in brand registration still need to improve, with only 175 trademark registration applications from 15,371 MSMEs in Gorontalo City. This study analyses the legal protection of rights to MSME product brands in Gorontalo City. A normative juridical approach is used in this study, with the analysis of primary, secondary, and tertiary legal materials. The study results show that socialization, education, and supervision are the government's preventive legal protections to prevent trademark infringement. In contrast, repressive legal protection is provided when there is a trademark dispute with a similarity in essence in the disputed trademark. This research is expected to make a theoretical and practical contribution to the development of MSMEs through adequate brand protection.
Hak Konsumen di Tengah Ancaman: Perlindungan Hukum Terhadap Makanan dan Minuman Tidak Berlabel Tazkia Nabila Mawarni; Ahmad Igra Ashabul Kahfi
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 legal protection for consumers against the misuse of halal labels on food and beverages traded in Parepare City, as well as understand the forms of legal protection available. Using normative and empirical research methods with a legislative approach and a conflict approach, this study combines primary and secondary data. The results of the study show that although there have been no reports of cases of misuse of the halal label in Parepare City, the local Trade Office is ready to follow up on consumer reports if any. As a preventive effort, the Trade Office is also active in providing education to the public through counselling about halal-labelled products, showing the commitment of the local government to protecting consumer rights related to halal products.

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