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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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ITE Law Enforcement Against Plagiarism of Scientific Works on Academic Platforms: Challenges and Solutions Muh. Akbar Fhad Syahril; M. Zaid; Sadmir Karović
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 examines law enforcement against the crime of plagiarism of scientific papers on online academic platforms from the perspective of the ITE Law and related regulations. The research method used is normative juridical with a legislative approach. The results of the study show that the crime of plagiarism in the digital era has been regulated by various laws and regulations. However, there are still challenges in its implementation. Harmonization and synchronization of laws are needed to overcome overlapping and legal gaps. Effective law enforcement efforts require a comprehensive approach involving legal, technological, and socio-cultural aspects. This study concludes that regulatory harmonization, increased coordination between institutions, the development of plagiarism detection technology, and the strengthening of anti-plagiarism culture are needed to realize academic integrity in the digital era.
Transformasi Gender Dalam Kepemimpinan Perempuan Perspektif Hukum Islam Muh. Irham; Muh Rizky Alamsyah; Muh Alfaridzi Ramli; Kurniati Kurniati
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 explore the role of women in leadership in the modern era. Using library research methods, this study analyzes various literatures that discuss the differences in leadership styles between women and men and the challenges faced by women in leadership positions. The results of this study indicate that women have unique leadership characteristics, such as abilities that can support their leadership effectiveness. However, women still face various challenges, including gender stereotypes and discrimination. This study emphasizes the importance of awareness and support for women in taking leadership roles in various fields
Membedah Anatomi Kejahatan Terorganisir: Studi Putusan Permufakatan Jahat di Era Digital Kurniawan, Kurniawan; Mannan, Khaerul; Darwis, Muammad
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 malicious consensus in narcotics cases in verdict number 101/Pid.Sus/2020/PN. Pre and the consideration of the panel of judges in imposing the sentence. Using normative research methods, this study examines legal norms, principles, theories, and legal arguments related to the case. The results of the analysis show that the defendant is legally and convincingly proven guilty of committing the crime of "without rights or against the law, carrying out an attempt or malicious conspiracy to commit a criminal act of narcotics and a precursor, namely possessing, storing, possessing, or providing Class I narcotics that are not plants" as contained in the Narcotics Law. The panel of judges considered that the defendant was responsible for his actions because when committing the crime, the defendant was in physical and spiritual health and was aware of the impact of his actions.
Dilema Hukum: Mengurai Kompleksitas Wanprestasi dalam Perjanjian Pembiayaan Kendaraan Bermotor Rahman, Fatur; Kasim, Aksah; Heridah, Andi
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to understand and analyze the legal aspects of breach of contract in motor vehicle financing agreements (A Case Study of Decision 6/Pdt.G.S/2022/PN Pre). This study employs a normative legal research method with a case study approach. The research findings indicate that as a legal consequence or sanction for a debtor who commits a breach of contract, they are liable to pay damages, have the agreement canceled, bear the risk transfer, and cover litigation costs. Based on the above description, it can be concluded that a breach of contract results in legal rights and obligations arising from a contractual relationship. In Indonesian law, there are two methods for resolving breach of contract disputes, namely through litigation and non-litigation pathways. Non-litigation dispute resolution involves methods like consultation, negotiation, mediation, or conciliation outside the court. In contrast, litigation is a dispute resolution process conducted in a court of law. As seen in the case of Decision 6/Pdt.G.S/2022/PN Pre, it was resolved through litigation, where the plaintiff, PT. BFI Finance Indonesia, Tbk Branch Parepare, sued Desy for alleged breach of the motor vehicle financing agreement
Pemenuhan Hak Anak Penyandang Disabilitas Melalui Pendidikan Inklusif Rizka Umar; Hijrah Lahaling; Rusmulyadi Rusmulyadi
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Undang-Undang Nomor 20 Tahun 2003 tentang Sistem Pendidikan Nasional dan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disabilitas affirming the obligation of the government and local governments to provide education for all citizens, including students with disabilities through special and inclusive education. This empirical research with a quantitative approach resulted in two main findings: Fulfillment of the rights of children with disabilities through inclusive education, including the facilitation of basic skills and the establishment of Disability Service Units; and Factors inhibiting the fulfilment of these rights in Gorontalo City include structural factors (ineffective policy implementation and infrastructure limitations) and institutional factors (lack of trained teachers and inflexible curriculum).
Tanggung Jawab Pelaku Usaha dalam Investasi Forex: Perspektif Perlindungan Hukum Perdata Hastia Hastia; Sumiyati Beddu; Nur Insani
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the responsibilities of forex investment business actors in Gorontalo to consumers based on KUHPerdata and Undang-Undang Perlindungan Konsumen, by focusing on obstacles in compensating consumers who have suffered losses. Using qualitative methods through interviews and secondary data, the study revealed several important findings. Business actors failed to provide compensation due to the absence of a written agreement, while the confiscation of assets by the authorities has not resulted in prompt compensation for consumers. In addition, the lack of transparency in asset management and the difficulty of consumers in proving claims without a formal contract are major problems. Based on these findings, this study recommends increasing transparency in the asset liquidation process, educating on the importance of written agreements, and encouraging the formalization of the accords to protect consumer rights.
Pidana Tabrak Lari Tragis: Tinjauan Hukum Kontemporer Karinaputri, Fahhrani Cakra; Suherman, Hendra; Ramadhani, Deaf Wahyuni
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

A traffic accident involves vehicles on the road that can cause material loss, injury or even death. This accident can occur due to various factors. The focus of the problem in this research is: What is the criminal responsibility for hit-and-run perpetrators based on laws and regulations in Indonesia, what are the factors that cause accidents? This type of research is normative juridical where the data source used is secondary data consisting of primary legal materials, secondary legal materials and tertiary materials. The data collection technique was carried out by document study. Indonesia is a country of law, the Criminal Code, by Pasal 235 ayat (1) Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas Jalan dan Angkutan Jalan
Reintegrasi Sosial Narapidana: Analisis Yuridis Pasca Undang-Undang Pemasyarakatan Muhammad Farhan; Muhammad Sabir; Kairuddin Kairuddin; Bakhtiar Tijjang; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the factors that cause the development of inmates outside the Class IIA Correctional Institution (Lapas) of Parepare City and its implementation process. This study uses a qualitative approach with interview methods and document analysis. The results of the study show that coaching outside the prison is based on the need for rehabilitation, reduction of overcapacity, and increasing the social reintegration of prisoners. The coaching process involves three main programs: personality development, independence, and coaching outside the prison, which are carried out in accordance with the Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan. The implementation of this program reflects a paradigm shift towards a more humane and effective correctional system in preparing prisoners to return to society.
The Existence of Jurisdiction to Realize Legal Currency in the United States of the Republic of Indonesia Johamran Pransisto; Rachman Rizal Andi Sapada; Suardi Suardi; Nurnadhilah Bachri; Arini Asriyani
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This article examines the existence of jurisdiction in realizing legal currency within the context of the Republic of Indonesia. Judicial power, as an independent branch of government, plays a crucial role in upholding the rule of law and ensuring justice based on Pancasila. The judiciary must adjudicate cases without discrimination, utilizing various legal sources, including unwritten laws, to ensure fair outcomes. The study highlights the importance of integrating customary law into judicial decision-making, reflecting Indonesia's pluralistic society. However, challenges arise in identifying and applying these norms within the national legal framework. The article also addresses the implications of enforcing written laws and customary norms, particularly regarding sanctions for violations. Furthermore, it emphasizes the urgency of research in this area to evaluate and adjust the judicial system for equitable justice, strengthen judicial independence, and improve the effectiveness of special and religious courts. By analyzing these aspects, this study aims to contribute to a comprehensive understanding of Indonesia's legal landscape and its alignment with societal values
Kejahatan Berbasis Identitas Digital: Menggagas Kebijakan Kriminal untuk Dunia Metaverse Zul Khaidir Kadir
Jurnal Litigasi Amsir Vol 12 No 2 (2025): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the challenges of criminal policies related to digital identity in the metaverse using a qualitative method with a conceptual approach. Digital identity, which includes personal information, digital assets, and user interaction patterns, is the main foundation of an individual's existence in the metaverse however, the lack of specific regulations indicates weaknesses in current criminal policies. The results of the study show that the metaverse presents new crime risks that have not been fully accommodated by the existing legal system, such as identity theft, avatar counterfeiting, and digital asset fraud. To overcome this, fundamental reforms of criminal policy are needed that include a cross-border collaborative approach, strengthening the regulation of technology platforms, and developing appropriate legal standards. The success of these policies relies heavily on collaboration between governments, technology companies, and civil society.

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