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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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Perbuatan Melawan Hukum dalam Sengketa Pertanahan: Analisis Mendalam dan Solusi Efektif Gunawang Gunawang
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 settlement of land disputes in Indonesia, focusing on the legal force of letter proof as the main evidence. The research method used is juridical normative, with a literature study approach to collect and analyze data. The study results show that the settlement of land disputes can be pursued through litigation and non-litigation channels, but both have their obstacles. Proof of letters, especially land certificates, has significant legal force, but its validity is not absolute and needs to be supported by a transparent and accountable verification mechanism. This study emphasizes the importance of synergy between various approaches to dispute resolution, the active role of the government, and the public's understanding of land law to achieve justice and legal certainty.
Kedudukan Hukum Uang Panai’ dalam Perkawinan Masyarakat Bugis-Makassar Wiwin, Wiwin; Saharuddin, Saharuddin
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

Indonesia, as a multicultural country, possesses diverse traditions, including those related to marriage. In the Bugis-Makassar society, uang panai’ is a deeply rooted tradition that serves as an integral part of marriage, symbolizing respect for women and the responsibility of the groom. Despite its profound philosophical meaning, the practice of uang panai’ has undergone a shift in meaning, often becoming a status symbol, which has led to delays or even cancellations of marriages. This study aims to examine the legal status of uang panai’ in the Indonesian legal system and its role within Bugis-Makassar society. This research employs a normative legal research method, focusing on a statutory approach, a conceptual approach, and an Islamic legal approach. The findings indicate that uang panai’ is classified as customary law, which is recognized within Indonesia’s legal framework. Its legal status can be found in Fatwa MUI Sulsel No. 2 of 2022 on Uang Panai’, although this fatwa does not carry binding legal authority as legislation. Within Bugis-Makassar society, uang panai’ functions as a customary norm with moral binding force; however, its implementation must be proportional to ensure it does not become an excessive burden on the groom and his family.
Efektivitas Pencabutan Pembebasan Bersyarat Terhadap Warga Binaan Pemasyarakatan Klien Balai Pemasyarakatan Kelas II Gorontalo Taroreh, Marten Verdinan; Darmawati, Darmawati; Beddu, Sumiyati
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

Implementation of parole revocation for prisoners at the Correctional Center Class II Gorontalo. This study aims to understand the legal basis, procedures, and impact of parole revocation on prisoners, as well as evaluate the consistency of the application with applicable correctional principles. The method used is juridical-empirical, by collecting data through interviews with correctional officers, and correctional center clients, and analysis of related documents. The results show that there are cases where there is a non-optimal revocation of parole, which has the potential to cause injustice and hamper the process of rehabilitation and reintegration of prisoners into society. Recommendations include the need for increased training and supervision for correctional officers, strengthening the complaint mechanism and appeal process for prisoners, and policy adjustments to ensure a fairer and more effective application of parole rights.
Etika Profesi dalam Pelayanan Medik: Analisis Konflik dan Implikasi Hukum Kesehatan Kontemporer Ayu Chairun Nisa
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

A doctor is obliged to provide medical care with more in-depth and comprehensive attention in accordance with applicable medical professional standards. Doctors have the authority to perform certain medical actions based on medical law, while nurses are individuals who are trained as paramedics in caring for patients, such as anesthesiologists or intensive care specialists. From what we have explained in the discussion above, we can conclude that a medical dispute is a dispute that occurs between patients and medical personnel or health facilities, which is generally caused by patient dissatisfaction with the quality of services received or due to adverse effects experienced on their health. This conflict can arise before, during, or after medical treatment is carried out. Resolution of medical disputes can be done through legal processes or ethical resolution. The author uses a data approach in this study through library research, with data collection techniques that involve searching for relevant documents, such as journals, books, articles, and other materials. In addition, information from electronic and print media related to the topic discussed is also used as part of the data source.
Dilema Psikologis dan Hukum: Studi Kasus Pencurian dengan Pemberatan oleh Anak di Bawah Umur Muhaammad Luthfi Firjatullah; Muhammad Natsir; Dian Anggreni Thamrin; Arini Asriyani; Fikry Fathurrahman
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study analyses the application of the law by judges in sentencing minors who commit the crime of theft with aggravation (case study of Verdict No. 2/Pid.Sus-Anak/2023/PN Pre). The research highlights how judges balance judicial considerations, including examining witnesses, defendants' statements, evidence, and prosecutors' indictments based on Pasal 363 KUHP, with non-juridical considerations such as the child's psychological condition, environmental factors, as well as aggravating and mitigating aspects. The results of the study show that judges not only focus on fulfilling criminal elements, but also pay attention to the protection and development of children as perpetrators. In this case, the judge decided on a criminal sanction of imprisonment for 3 months, taking into account justice, deterrent effects, and rehabilitation efforts for the child. These findings affirm the importance of a holistic approach in handling child criminal cases, so that substantive justice and the protection of children's rights are maintained
Peran Perlindungan Hukum dalam Menjamin Keselamatan Saksi dan Korban Tindak Pidana Pembunuhan Kurnia Ningsih; Muhammad Darwis; Moch Alfatah Alti Putra; Putri Ajeng Burhan; Murdiono Murdiono
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to determine the legal protection arrangements for witnesses and victims in criminal acts of murder and to determine the forms of legal protection for witnesses and victims in criminal acts of murder. This research uses a normative legal research method with a statutory approach. The types and sources of legal materials used are primary legal materials and secondary legal materials. Data analysis will be reviewed and analyzed qualitatively. The legal protection arrangements for witnesses and victims in criminal acts of murder consist of; 1) Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban; 2) Kitab Undang-Undang Hukum Pidana (KUHP); 3) Kitab Undang-Undang Hukum Acara Pidana; 4) Undang-Undang Nomor 31 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban. Forms of legal protection for witnesses and victims in criminal acts of murder are; determine criminal threats for perpetrators of criminal acts, by providing compensation and rehabilitation, physical and psychological protection from threats, harassment, terror and violence from any party, providing a sense of security under the provisions of article 5, medical assistance and psychosocial and psychological rehabilitation assistance, Compensation and restitution, Witness and Victim Protection Agency (LPSK) Peraturan Nomor 2 Tahun 2020 tentang Permohonan Perlindungan Saksi dan Korban Tindak Pidana that is, it is specified in Pasal 3.
Membangun Kesadaran Anti-Korupsi Melalui Media: Kajian Pemberitaan Kompas TV dalam Perspektif Pendidikan Kewarganegaraan Adelia Yuliana; Anggita Dwi Rahayu; Laras Medina Pranitiaz; Adinda Aristias; Nasywa Awalia Putri; Tyur Reggina Dewanti; Denise Aulia Kesuma; Bryan Strom Feryan Djie; Muhamad Aria Torik Akbar; Frahnaz Amina
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to analyze the strategic role of Kompas TV in shaping public awareness of the dangers of corruption through factual, educational, and balanced reporting from the perspective of civic education. Using normative research methods, this study examines the suitability of the content and presentation of Kompas TV news with journalistic ethics standards, civic values, and anti-corruption principles as stipulated in laws and regulations. The results of the analysis show that Kompas TV consistently instils the values of honesty, transparency, and social responsibility through the coverage of corruption cases in various strategic sectors, while encouraging active public participation in social supervision and strengthening clean governance. These findings confirm that mass media reporting, especially Kompas TV, contributes significantly to building an anti-corruption culture and strengthening the character of citizens with integrity in Indonesia.
Prinsip Akuntabilitas dalam Etika Profesi Menteri Pada Polemik Viral Tagar #KaburAjaDulu Diajeng Dhea Annisa Aura Islami; Diah Ayu Wulandari; Adelia Yuliana; Aura Anisah; Rena Putri Nirwana; Juanita Alifia Adilla; Salma Elsa Anindya; Mulyadi Mulyadi
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Officials have an important role in government, so in taking action and responding to an event or case that occurs, the accountability of state officials must be oriented toward the interests of citizens. With the rise of the #KaburAjaDulu trend, state officials are held accountable for every policy and statement issued. Based on the controversial statement issued by the deputy minister of labour, which is explained in Pasal 58 huruf j Undang-Undang Nomor 20 Tahun 2023 concerning the State Civil Apparatus, it states that ministers and ministerial-level positions are state officials. So if a public official issues a statement that tends to ignore or underestimate public unrest, this can be categorised as an ethical violation because it does not follow the principles of responsible leadership and is oriented toward the public interest. With this, it can be seen how the principle of accountability is regulated in the professional ethics of a minister according to legal norms and the Code of Ethics for State Officials and how the application of the principle of accountability by a minister in dealing with the viral polemics of the #KaburAjaDulu hashtag. So that it can find out the performance of state officials and provide ethics and professionalism training to realize a better, more efficient, and accountable government
Studi Kritis Terhadap Dasar Pertimbangan Hakim dalam Menjatuhkan Putusan Tindak Pidana Perjudian Saldi Saldi; Muhammad Natsir; Suardi Suardi; Elvi Susanti Syam; Herul Herul; Firmansyah Hibbu
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
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 considerations and the application of the law in the decision of the gambling crime case at the Parepare District Court No. 20/Pid.B/2023/Pn Pre. Using normative and empirical legal research methods, this study found that the judge considered the testimony of witnesses, defendants, indictments and prosecutors' demands, as well as evidence, so that the elements of Article 303 of the Criminal Code were declared fulfilled. The defendants were legally and convincingly proven to have committed the crime of gambling. The judge also granted leniency due to mitigating circumstances, namely two elderly defendants.
Free Shipping: When E-Commerce Regulations Exceed the Limits of Authority Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 12 No 3 (2025): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study analyzes the implications of the overlapping authority between the Ministry of Communication and Digital (Komdigi) and the Ministry of Trade (Kemendag) in regulating free shipping programs in the e-commerce sector in Indonesia. Through a normative juridical approach and an analysis of legal theories of attribution, delegation, and ultra vires, this study finds that regulatory dualism between the two ministries has created legal uncertainty, market distortions, and obstacles to the growth of the digital economy. Empirical data shows increased complaints from business actors and consumers due to uncoordinated policies. This study recommends regulatory harmonization and the establishment of a transparent and integrated national digital legal framework to support legal certainty and consumer protection in the digital economy era.

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