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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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Konflik dan Harmonisasi Regulasi Hak Atas Tanah Laut: Studi Kasus Penataan Wilayah Pesisir dan Pulau-Pulau Kecil Johamran Pransisto; Lilis Suryani; Andi Heridah; Saharuddin Saharuddin; Dewi Rasda; Eka Novianty Wahyuni
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 discusses conflicts and harmonization of regulations on marine land rights in the context of the arrangement of coastal areas and small islands in Indonesia. The main problems identified are the overlap of authority between agencies and the unclear boundaries of jurisdiction, which have an impact on legal uncertainty, losses to coastal communities, and threats to environmental sustainability. The research uses normative methods with a legislative approach and literature analysis to identify the root of the problem and formulate a harmonization strategy. The results of the study show that policy integration, the formation of cross-ministerial teams, and the preparation of integrated norms, standards, procedures, and criteria (NSPK) are strategic steps to overcome regulatory conflicts and realize fair and sustainable coastal governance.
Pengaruh Media Sosial Terhadap Peningkatan Kejahatan Siber dan Tantangan Penegakan Hukum Pidana Iswandy Rani Saputra; Rachman Rizal A. Sapada; A. Dzulqarnain; Suprapto Suprapto
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 discusses the influence of social media on the increase in cybercrime in Indonesia and the challenges of criminal law enforcement in dealing with it. Using normative legal research methods, this study analyses applicable regulations, technical barriers, and social dynamics that affect the effectiveness of law enforcement against cybercrime, especially those that originate from activities on social media. The study results show that the high penetration of social media, low digital literacy, and the development of increasingly complex crime modes have encouraged an increase in cybercrime cases. On the other hand, law enforcement still faces regulatory limitations, a lack of competent human resources, cross-border jurisdictional challenges, and weak coordination between agencies. This research recommends adaptive regulatory reforms, capacity building of law enforcement officials, strengthening national and international cooperation, and public digital literacy education to create a safer and more equitable digital ecosystem.
Optimalisasi Pelaksanaan Rehabiitasi Medis Bagi Narapidana Narkotika di Lapas Kelas II A Gorontalo Abdul Razak Suleman; Marwan Marwan; Sumiyati B
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

Medical rehabilitation is one of the key programs for inmates convicted of narcotics offenses at Class II A Gorontalo Prison, in line with the Decree of the Director General of Corrections Number: PAS-36.OT.02.02 of 2020. This study examines the factors inhibiting optimal medical and social rehabilitation for drug inmates and outlines the stages of the prison’s medical rehabilitation program. Using normative and empirical legal methods, the study finds that obstacles include limited medical facilities, inadequate infrastructure, the presence of inmates with serious illnesses, and lack of family support. The Therapeutic Community (TC) rehabilitation program consists of four stages: Detox, Induction, Primary, and Re-entry. Despite these challenges, the TC program continues to run effectively, fostering discipline and reducing inmates’ dependence on drugs.
Islamisme dan Kriminologi Kritis: Ketegangan antara Moralitas Ilahiah dan Kritik Struktural dalam Kebijakan Kriminal Zul Khaidir Kadir
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

Islamism frames criminal law as an expression of divine morality and a tool of social control. Unfortunately, critical criminology challenges law as a product of structural domination, but faces an epistemological dilemma when applied to an Islamic state that bases criminal law on transcendent authority. This study uses a qualitative research method with a conceptual approach. The data collection method was collected using library research, then analyzed using qualitative methods and presented descriptively. The results of the study show that the adoption of Islamism as a legal ideology shifts the function of criminal law from a forum of justice to a medium of control over individual expression and beliefs, a configuration that is theoretically rejected by critical criminology that emphasizes the desacralization of power and resistance to structural repression. Dialogue between critical criminology and Islamism becomes possible if both are willing to abandon their hegemonic ambitions, by making maqāṣid al-sharīʿah an ethical framework for re-evaluating criminal law humanistically, and opening the law to criticism that sides with justice and human dignity.
Legalitas Hak Tanggungan Elektronik dalam Pinjaman Online: Analisis Kewajiban Pembayaran Utang Berbasis Digital pada Sektor Agraria Johamran Pransisto
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study discusses the legality and executive power of electronic mortgage rights in online loan transactions based on land collateral in the agrarian sector. This study analyzes related laws, doctrines, and practices using normative legal methods to identify legal protection and certainty of debt repayment obligations in the digital ecosystem. The results of the study indicate that although the Electronic Mortgage Rights (HT-el) system provides efficiency and ease of administration, there are still challenges in the form of security gaps, uncertainty of the legal status of electronic documents, and weak protection for debtors and creditors, especially on illegal online loan platforms. Therefore, it is necessary to improve regulations, strengthen digital infrastructure, and increase legal literacy so that digital transformation in the agrarian sector can run optimally while still ensuring legal certainty and protection of the rights of all parties.
Perlindungan Hukum Debitur atas Jaminan Tanah dalam Pinjaman Online: Studi tentang Prinsip Legalitas Utang di Era Digital Johamran Pransisto
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 discusses the legal protection of debtors for land collateral in online loan transactions in the digital era. Using normative legal methods, this study analyzes related laws, doctrines, and practices to identify the main challenges faced by debtors, such as the validity of electronic documents, weak supervision of illegal platforms, and minimal compensation and data protection mechanisms. The results of the study show that existing regulations, such as POJK No. 10 of 2022 and Regulation of the Minister of ATR/BPN No. 3 of 2023, are not fully effective in guaranteeing debtors' rights, so regulatory updates, increased digital literacy, and synergy between institutions are needed to ensure legal certainty and optimal protection for debtors in the online loan ecosystem based on land collateral.
Individualization of Communal Rights: Implications of Changes in Customary Marriage Structures for Customary Land Ownership Syahril, Muh. Akbar Fhad; Pransisto, Johamran; Wiwin, Wiwin; Nisa, Ayu Chairun; Asriyani, Arini
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the impact of changes in customary marriage structures on the individualisation of customary land rights, from communal to individual ownership, and its implications for the governance and protection of customary land in Indonesia's indigenous communities. Using normative legal methods, the study finds that modernisation and land certification policies encourage the fragmentation of collective rights into private rights, thereby posing risks to weakened social solidarity, ownership conflicts, and increased vulnerability to land exploitation. Although providing administrative legal certainty, individualisation has not been able to optimally accommodate customary values and the social functions of customary land. Therefore, synergy between customary law and national law is needed to create fair and sustainable agrarian regulations, ensuring the protection of customary rights while adapting to the socio-cultural dynamics of indigenous communities.
Kajian Yuridis Terhadap Narapidana Yang Melakukan Pelanggaran Pidana Dalam Rumah Tahanan Sofyan, Selviana; Natsir, Muhammad; Suardi, Suardi; Bimantoro, Tegar; Saharuddin, Saharuddin
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to determine the causes of violations committed by prisoners in detention centers and what the legal consequences are for prisoners who commit violations in detention centers. This research uses a normative-empirical research type. The results of this research show that the cause of criminal violations in detention is mostly due to overcapacity in the Pinrang class IIB state detention center and also because of feelings of resentment that have not been resolved previously outside detention and when they are reunited, these feelings of resentment reappear which cause emotions towards These prisoners also lack awareness for these prisoners, and as for the legal consequences for prisoners who commit criminal offenses in class IIB Pinrang state detention centers, these prisoners receive different sanctions according to the criminal offenses they have committed, which are categorized into three levels, namely moderate. For light, light, and heavy sentences, the prisoner is given a warning not to commit the same offense and the prisoner makes an oral or written statement not to repeat the act, then the medium sentence is given a sanction where the prisoner is put in a red cell or cell. exile for 6 (six) days and deprived of his rights for a while, such as not having visits from his family finally, this punishment is serious, this punishment is included in serious offenses where the prisoner will be put in solitary confinement for 6 (six) times 2 (two), and have their rights removed, such as not having visits from their family and their remission period could be revoked.
Kajian Yuridis Bentuk Tindak Pidana Pemerasan dan Pengancaman Sapriani, Resky; Mannan, Khaerul; Darwis, Muhammad; Hibbu, Firmansyah; Andi Sapada, Rachman Rizal
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims to understand the judge's considerations in delivering a verdict on the criminal acts of extortion and threats in decision number 205/Pid.B/2021/PN.Pre and to determine the application of substantive law to the criminal acts of extortion and threats in decision number 205/Pid.B/2021/PN.Pre. This research employs a normative legal research approach. The research findings indicate that the basis for the judge's considerations in imposing a criminal verdict on the Defendant in decision number 205/Pid.B/2021/PN.Pre is in accordance with both juridical and non-juridical aspects. The panel of judges considered imposing criminal sanctions based on the indictment by the Public Prosecutor, which applied Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) regarding the criminal act of threats. Therefore, the author agrees that the imposition of criminal sanctions against the Defendant is appropriate and sufficiently deterrent to the perpetrator. The application of substantive criminal law by the judge against the perpetrator of the criminal act in Decision Number 205/Pid.B/2021/PN.Pre was accurate. The Public Prosecutor used a single charge, namely the first charge, which violated Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) concerning the criminal act of threats. Among the elements of the Article charged by the Public Prosecutor, it was proven beyond a reasonable doubt that the Defendant's actions fulfilled the elements of Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) regarding the criminal act of threats.
Politik Hukum Pengujian Peraturan Perundang-undangan Secara Keseluruhan di Bawah Mahkamah Konstitusi Maddolangeng, Nur Misyuari; Irwan, Irwan; Muisman, Muisman; Amir, Amzar
Jurnal Litigasi Amsir Vol 12 No 4 (2025): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The dualistic authority in judicial review between the Supreme Court and the Constitutional Court in Indonesia has engendered significant legal uncertainties, institutional conflicts, and inconsistencies in the enforcement of laws. While the Supreme Court is mandated to review regulations subordinate to laws, the Constitutional Court holds the authority to review laws against the 1945 Constitution. This bifurcation has led to fragmented legal interpretations and contradictory rulings, undermining the coherence and certainty of the national legal system. This study examines the urgency of consolidating the judicial review authority under the Constitutional Court to enhance legal certainty, uphold constitutional supremacy, and promote justice in Indonesia. Employing a normative juridical approach and comparative legal analysis, the research highlights the advantages of a unified judicial review mechanism as practiced in several constitutional democracies, including Germany and Malaysia. The findings suggest that centralizing judicial review within the Constitutional Court would streamline legal processes, reduce institutional conflicts, and strengthen the protection of constitutional rights. Nonetheless, the study also acknowledges the necessity for capacity building within the Constitutional Court to manage the increased judicial workload effectively. The integration of judicial review authority is thus posited as a critical reform to fortify Indonesia’s constitutional democracy and the rule of law.

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