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Muh. Akbar Fhad Syahril
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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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Pengawasan Hukum sebagai Benteng Pencegahan Pelanggaran Kampanye Pemilu Latif, Asriadi; Dzulqarnain, Andi; Nur, Emil Fitra; Asriyadi, Asriyadi; Setawati, Elok; Karović, Sadmir
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 discusses the role of legal supervision by the Election Supervisory Body (Bawaslu) in preventing election campaign violations, especially money politics practices, based on a normative analysis of Law Number 7 of 2017 concerning General Elections. Legal supervision has been proven to play an essential role in increasing the compliance of election participants and maintaining the integrity of the democratic process. However, the effectiveness of supervision still faces challenges in the form of limited resources, differences in legal interpretations, and low public awareness of the dangers of money politics. This study recommends strengthening institutional capacity, increasing synergy between institutions, and legal education for the public as strategic steps to create honest, fair, and trustworthy elections.
Skala Prioritas Kewenangan Peraturan Daerah Tentang Kerja Sama Daerah Pada Sektor Perikanan Di Kabupaten Bolaang Mongondow Selatan Suleman, Larmin; Marwan, Marwan; Insani, Nur
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 fisheries sector represents a key potential in South Bolaang Mongondow Regency, but its utilization has not been optimal due to a lack of coordination and cooperation between regions. This study aims to examine the priority scale of authority in regional regulations related to regional cooperation and their impact on the fisheries sector. Using a qualitative approach through document analysis and interviews, the results indicate that priorities should include interregional cooperation, infrastructure development, fisherman capacity building, and ecosystem protection. Effective implementation requires a systematic approach through communication forums, outreach, institutional strengthening, monitoring, evaluation, and budget support.
The Legitimacy of Conjugal Visit Facilities: a Legal Analysis under National and International Law Wiwin, Wiwin
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 national and international legal frameworks concerning the provision of conjugal visit facilities (commonly referred to as “bilik asmara”) for inmates in Indonesia, which currently lacks explicit legal regulation. The core issue lies in a legal vacuum (rechtsvacuum) that results in uncertainty regarding the legality of such facilities and weak protection of prisoners’ fundamental rights, particularly the right to family life and sexual rights. The objective of this research is to analyze the legitimacy of conjugal visit facilities from the perspectives of both national and international law. This study adopts a normative legal research method, utilizing statutory and analytical approaches. The findings indicate that Indonesia’s national legal system provides implicit legitimacy for the provision of conjugal visits, as reflected in Article 28B(1) of the 1945 Constitution, Law No. 1 of 1974 on Marriage, Law No. 22 of 2022 on Corrections, and Law No. 39 of 1999 on Human Rights. These legal instruments affirm the state's responsibility to fulfill the sexual rights of inmates within the institution of marriage. Additionally, international legal legitimacy is implicitly found in Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR), ratified by Law No. 12 of 2005, and Article 10 of the Universal Declaration of Human Rights, both of which guarantee humane treatment of prisoners. The provision of conjugal visit facilities constitutes a fulfillment of inmates’ constitutional rights and the state’s international obligations in protecting human rights. This study underscores the importance of harmonizing international norms with national legislation to realize a humane and just correctional system.
The Legal Status of MUI Fatwas within the Indonesian Legal System Wiwin, Wiwin
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 legal status of fatwas issued by the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) within Indonesia’s regulatory system. The research aims to identify the legal position of MUI fatwas in the Indonesian legal hierarchy and to analyze their juridical nature within the national legal framework. Employing normative legal research methods, this study adopts a statute-based and analytical approach, focusing on statutory regulations, legal doctrines, and relevant legal theories. The findings indicate that MUI fatwas do not constitute formal legislation and thus lack general binding legal force, as they are not issued by state-authorized bodies nor do they fulfill the formal requirements of written law. Nevertheless, MUI fatwas retain significant value as material legal sources and interpretive guidance, particularly for Indonesian Muslims and institutions such as Religious Courts. The nature of MUI fatwas is that of internal religious opinions non binding and applicable only to those who recognize the moral or religious authority of the MUI. Therefore, MUI fatwas are persuasive and moral-religious in character, rather than coercive like state enacted positive law.
The Urgency of Revoking the Voting Rights of Civil Servants to Ensure Neutrality in General and Regional Elections Wiwin, Wiwin
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 aims to examine the urgency of revoking the voting rights of civil servants (ASN) as a legal-political solution to address the persistent issue of neutrality violations in general and regional elections in Indonesia. The research employs a normative legal method using a statute approach, conceptual approach, and analytical approach. Legal sources such as the 1945 Constitution, Law No. 20 of 2023 on Civil Servants, and Constitutional Court Decision No. 22/PUU-XII/2014 are analyzed alongside theoretical perspectives, particularly John Rawls’s difference principle, to construct a solid argument for restricting voting rights under certain public service roles. The findings indicate that education, supervision, and law enforcement mechanisms have been largely ineffective in deterring neutrality violations by civil servants. The study argues that the existence of voting rights for ASN creates a conflict of interest that facilitates bureaucratic politicization and transactional politics, especially given that civil service careers are influenced by elected officials through the Civil Service Supervisory Officials (PPK) system. The study concludes that revoking voting rights for civil servants, similar to the policy applied to TNI and POLRI members, is constitutionally justified and effective in promoting impartiality. Legal reform is necessary to amend election laws, restructure PPK appointments, and strengthen merit based systems in civil service management.
Ketidakpastian Hukum dalam Perlindungan Pekerja di Era Digitalisasi dan Otomatisasi B, Herman; Mannan, Khaerul; Saputra, Iswandy Rani
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

Global technological changes, including automation, digitalization, and the adoption of artificial intelligence, have created significant transformations in the labor market. The World Economic Forum (2020) reported that 85 million jobs may be displaced bymachines by 2025, while 97 million new roles will emerge, requiring different skill sets. In Indonesia, this transformation affects the legal protection of labor, particularly in aspects of employment relations, the right to decent work, and legal certainty for contract and outsourced workers. This study employs a normative juridical method with a statutory and literature-based approach to examine how the Indonesian labor law system responds to these challenges. The findings indicate that although Law No. 13 of 2003 and its amendment through Law No. 11 of 2020 (Omnibus Law on Job Creation) aim to address labor market dynamics, the existing legal framework has not fully accommodated protections for workers affected by automation and platform-based employment (gig workers), as seen in more proactive approaches in countries like Germany, Japan, and Canada. Therefore, a more inclusive and progressive regulatory approach is needed, including legal recognition of new forms of employment and universal social protection, to ensure that Indonesia's labor system can adapt effectively to global technological shifts.
Analisis Hukum Terhadap Obyek Sengketa Dalam Perkara Perdata Dijadikan Barang Bukti Dalam Perkara Pidana Phireri, Phireri
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 aims to determine and understand the differences in proof in civil law and criminal law, and the legal implications of using civil dispute objects as criminal evidence. This study uses a normative research type with a legislative approach and an analytical approach. The types of legal material sources include primary, secondary, and tertiary legal materials. Legal analysis will be studied in a qualitative prescriptive manner. The results of this study show differences in proof in criminal and civil law. The main difference in proof in civil and criminal cases lies in the purpose and standard of proof. In criminal cases, proof aims to find the material truth, namely, the actual truth of a criminal event. Meanwhile, in civil cases, proof aims to find formal truth, where the judge is only bound by the evidence submitted by the parties. In addition, the differences between the two can be seen from the aspects of evidence, the role of the judge, the standard of proof of the strength of the evidence, and the assessment of proof. The use of civil dispute objects as evidence in criminal cases has legal implications that need to be considered. The subject of a civil dispute, initially the focus of a civil case, can be used as evidence in a criminal case if it involves elements of a criminal offence. However, its use as evidence must comply with applicable legal procedures and must not violate the rights of the parties involved.
Efektivitas Fungsi DPRD dalam Mengawasi Pengelolaan APBD Kabupaten Gorontalo Mohamad, Usman; Marwan, Marwan; Insani, Nur
Jurnal Litigasi Amsir 2025: 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 effectiveness of the Gorontalo Regency Regional People's Representative Council's (DPRD) oversight of the implementation of the Regional Budget (APBD), using normative and empirical legal methods. Regulatorily, the DPRD possesses formal oversight instruments such as the right of interpellation and working meeting mechanisms. Still, their implementation is often hampered by member capacity, limited resources, local government transparency, and the dominance of political interests. The results of the study indicate that strengthening DPRD capacity, executive transparency, and public participation are crucial to enhancing oversight effectiveness and achieving accountable and responsive regional governance.
Contextualization of the Constitutional Court's Decision on Women's Inheritance Rights in Customary and Islamic Marriages Syahril, Muh. Akbar Fhad; Wiwin, Wiwin; M.A, A.P. Jaya Negara
Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober)
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study critically analyzes the influence of legal system pluralism on the reality and reconstruction of women's inheritance rights in customary and Islamic practices in Indonesia, highlighting the crucial role of Constitutional Court decisions. Based on the diversity of Islamic, customary, and civil law inheritance systems, this study finds that women often face structural obstacles, both due to conservative normative interpretations and the dominance of patriarchal traditions in inheritance distribution. Using normative juridical methods and an examination of Constitutional Court Decision No. 46/PUU-VIII/2010 and related jurisprudence, this study confirms a paradigm shift toward more inclusive and equitable protection for women heirs. However, the implementation of this progressive legal substance still faces cultural resistance and social obstacles that require state intervention through regulatory harmonization, law enforcement, and public education. These findings are expected to provide a foundation for reforming family law that guarantees equality and justice for women's inheritance rights in Indonesia.
Telaah Hukum: Pemberdayaan Undang-Undang No. 12 Tahun 2022 dalam Pembuktian Kasus Kekerasan Seksual Helend, Erlindha; Pransisto, Johamran; Darwis, Muhammad; Mardaya, Andi
Jurnal Litigasi Amsir 2025: 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 position of testimony from the victim's witness in proving Sexual Violence Criminal Acts based on Law No. 12 of 2022 concerning Sexual Violence Criminal Acts, and to identify the qualifications of valid evidence in proving Sexual Violence Criminal Acts based on Law No. 12 of 2022 concerning Sexual Violence Criminal Acts. This study adopts a normative research type with a statutory approach. The research results indicate that the position of the victim's witness testimony in proving sexual violence criminal acts is outlined in Article 25 (paragraph 1). The qualifications of valid evidence in proving sexual violence criminal acts are also outlined in Article 24 (paragraph 1), as regulated in Law No. 12 of 2022 concerning Sexual Violence Criminal Acts.

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