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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 250 Documents
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Hambatan Struktural dan Administratif dalam Pemberian Bantuan Hukum Cuma-Cuma di Pengadilan Negeri Parepare Ade Septian Ilyas; Muhammad Sabir; Wiwin Wiwin; Ardiyanti Aris; Moh Al Fatah Alti Putra
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study examines the implementation of free legal aid for economically disadvantaged communities at the Parepare District Court through a normative-empirical legal approach that combines analysis of statutory regulations with observation of their application in practice. The research highlights that legal aid institutions and court-based Legal Aid Posts (Posbakum) play a pivotal role in realizing the constitutional principle of equality before the law by ensuring that indigent defendants particularly those facing serious criminal charges receive professional legal assistance at no cost. The findings show that clear administrative requirements, such as identity documents, statements of indigence, and official poverty certificates, help target services to eligible recipients while supporting accountability and standardization across courts. At the same time, the study identifies significant obstacles, including limited financial and human resources, low legal literacy, complex bureaucracy, and unequal distribution of accredited advocates, which collectively hinder effective access to justice, especially in remote areas. These results underscore the need for stronger institutional support, increased budget allocation, enhanced supervision, and culturally sensitive legal education to optimize the role of legal aid as an instrument of social justice and the welfare state ideal in Indonesia.
Legal Liability Peran Mucikari Terhadap Implementasi Undang-Undang TPPO di Makassar Muhammad Yusuf Muhlis; Andi Mardaya; Elvi Susanti Syam; Afi Kamilia
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and analyze the implementation of legal provisions governing the responsibilities of pimps in eradicating the crime of human trafficking according to Law Number 21 of 2007 and what factors are obstacles in the investigation and inquiry process related to the role of pimps. This research uses a Normative Empirical research type with a Legislative Approach and a Social Approach. The data sources used are Primary Data and Secondary Data. Data analysis will be conducted using an observational-sensory and theoretical-rational approach using a reasoning model that first uses inductive logic and then continues with deductive logic. The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death. The implementation of criminal responsibility for pimps will be successful or fail depending on the law enforcement officers in the matter of evidence in the trial later and The implementation of legal provisions governing the responsibility of pimps in human trafficking crimes according to Law Number 21 of 2007 positions pimps as the main perpetrators, but in its application using Article 2 or 12 for pimps, it must be carried out with appropriate evidence in the practice of justice where law enforcers must prove the elements in the articles alleged to the pimp and supported by the attached evidence. In the implementation of criminal responsibility for pimps, the TPPO Law will provide an aggravating article for the crime if in his actions the pimp causes the victim to suffer mental and physical harm or even death.
Pergeseran Paradigma Pemasyarakatan: Implementasi Pembinaan Kemandirian Narapidana Berdasarkan Undang-Undang Pemasyarakatan Nazhifah Nazhifah; Muhammad Darwis; Kairuddin Kairuddin; Dian Anggreni Thamrin
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study analyzes the implementation of the correctional system at Class I Correctional Institution Makassar following the enactment of Law Number 22 of 2022 on Corrections, which shifts the paradigm from a punitive approach to a more humanistic, rehabilitative, and restorative one. The research employs a normative-empirical method that combines legislative and conceptual approaches with field observations and interviews involving officers, heads of divisions, and inmates. The findings show that rehabilitation programs are carried out through personality development, economic self-reliance, and social reintegration, implemented via intramural activities and internal–external assimilation, and supported by collaboration with universities, government agencies, and private sector partners. These programs not only strengthen inmates’ moral awareness but also equip them with vocational skills and work experience to enhance their post-release employability and reduce recidivism. However, the implementation still faces significant challenges, including overcrowding, diverse inmate backgrounds, limited motivation, budget constraints, marketing difficulties for inmate-produced goods, and complex administrative procedures for external activities. The study concludes that, despite these obstacles, the correctional system at Class I Correctional Institution Makassar has substantively realized the spirit of Law Number 22 of 2022, while requiring continuous policy support, expanded stakeholder collaboration, and more flexible governance to optimize humane and effective rehabilitation.
Antara Rehabilitasi dan Pengulangan Kejahatan: Analisis Pola Pembinaan Residivis di Rutan Zulfikar Zulfikar; Elvi Susanti Syam; Tegar Bimantoro; Armin Hasti
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The study examines the implementation and effectiveness of inmate development programs at Rumah Tahanan Negara (Rutan) Kelas IIB Barru in preventing recidivism within Indonesia’s correctional system, which has shifted from a retributive prison model to a rehabilitation-oriented “pemasyarakatan” paradigm grounded in Pancasila and the 1945 Constitution. Using an empirical legal research method with social and case approaches, this research analyzes how structured stages of personality and self-reliance training, as well as religious and skills-based programs, are applied to both first-time offenders and repeat offenders. The findings indicate that although Rutan Barru formally implements a tiered pattern of coaching (initial, advanced, and final stages), the absence of differentiated treatment for recidivists, limited relevance of vocational training to labor market needs, and institutional constraints arising from its dual function as both Rutan and de facto Lapas reduce the overall impact on reducing repeat offending. Recidivism is shown to result from a combination of internal factors (age, low legal awareness, weak religiosity, distorted perceptions) and external factors (family dysfunction, economic hardship, social stigma, and prisonization effects), which hinder social reintegration despite the existing coaching efforts. The study concludes that more targeted, needs-based, and collaborative rehabilitation programs supported by families, communities, and a more humanistic legal framework are required to effectively prevent reoffending and realize the goals of the national correctional system.
Kajian Pengawasan Stone Quarry Mining oleh Pemerintah Kabupaten Enrekang Zainal Zainal; Muhammad Sabir; Khaerul Mannan; Kairuddin Kairuddin; Saharuddin Saharuddin
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and analyze the authority of the Regency/City Government in supervising rock mining activities and the factors influencing the Enrekang Regency Government's supervision of rock mining. This study employs empirical research methods, using a legislative and social approach. Data sources include primary and secondary data. Data analysis will be conducted using an observational-sensory and theoretical-rational approach, employing a reasoning model that first utilizes inductive logic and then deductive logic. The result of this study indicate that the Enrekang Regency Government's authority in supervising rock mining is limited. This is influenced by the provisions of Law Number 23 of 2014 concerning Regional Government and Law Number 3 of 2020 concerning Minerals and Coal, which devolve licensing and enforcement authority to the provincial and central levels. The Regency Government's role is limited to technical supervision, guidance, outreach, and the implementation of Regional Regulations. In addition, there are several factors that influence weak supervision, namely: limited regulations and authority, limited human resources and budget, low public awareness of the importance of environmental permits and documents, economic dependence of the community on mining, weak regional political commitment, minimal socialization, lack of consistent field supervision, and ineffective implementation of Regional Regulations.
Problematika Dalam Militer: Kewenangan Polisi Militer Terhadap Prajurit TNI Yang Melakukan Kejahatan Desersi Candrakirana Candrakirana; Phireri Phireri; Muh. Fadli Faisal Rasyid
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and analyze the factors that hinder the Military Police in conducting investigations against members of the Indonesian Army who commit the crime of desertion, and the factors that hinder the Military Police in conducting investigations against members of the Indonesian Army who commit the crime of desertion. This research uses a normative empirical research type with a legal and social approach. The data sources used are primary and secondary data. Data analysis will be conducted through observational-sensory and theoretical-rational methods, employing a reasoning model that first utilizes inductive logic and then continues with deductive logic. The results of this study are the Authority of the Military Police Against TNI Members Who Commit the Crime of Desertion Based on Law Number 31 of 1997 concerning Military Justice, namely receiving reports, conducting full investigations and inquiries, arresting, detaining, searching and confiscating, examining suspects and witnesses and compiling files and submitting them to the military auditor and Factors that Hinder the Implementation of Investigations by the Military Police The most frequent obstacles encountered in Denpom XIV/ 2 when tracking the whereabouts of perpetrators of the crime of desertion. In addition, other obstacles include; legal and procedural obstacles; technical and operational obstacles; institutional and structural obstacles; and social and psychological obstacles.
Pertanggungjawaban Hukum Bank Sulselbar dalam Pemberian Kredit: Suatu Analisis Yuridis Anita Sari; Muhammad Sabir; Herman Balla; Bakhtiar Tijjang; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to analyze the legal provisions governing the granting of credit by Bank Sulselbar and the mechanism for granting credit by Bank Sulselbar. Using a normative research method, the results show that the legal provisions governing credit provision at Bank Sulselbar are based on the 1998 Banking Law and reinforced by the 2023 P2SK Law, which emphasizes the principles of prudence, risk management, and good governance. Technical regulations from the OJK and Bank Indonesia regulate creditworthiness assessment, risk supervision, and money laundering prevention through the KYC principle. Internally, Bank Sulselbar implements the Bank Credit Policy (KPB), Credit Granting SOP, and Guidelines for Handling Non-Performing Loans as a form of implementing prudential principles. The credit granting mechanism is carried out systematically through the stages of administration, interviews, field surveys, agreement signing, and credit realization. The 5C principle is used as the main instrument to assess eligibility and risk, so that credit is channeled to debtors who are truly capable of fulfilling their obligations. This mechanism maintains the quality of the credit portfolio, financial stability, and public trust in Bank Sulselbar.
Penguatan Sistem Hukum Nasional melalui Harmonisasi dan Penyelesaian Disharmoni Kewenangan Lembaga Negara Muh Farhan Arfandy; Armi Putri Maharani; Muhamad Naka Kaiser; Auliah Ambarwati; Tegar Bimantoro
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines the problem of overlapping authority among high state institutions in Indonesia following the amendment to the 1945 Constitution of the Republic of Indonesia. The shift in the system towards the separation of powers and the proliferation of independent institutions has actually triggered disharmony, sectoral ego, and regulatory obesity, which has led to declining legal certainty and hampered the effectiveness of government. This study uses normative legal research methods with legislative, conceptual, and comparative approaches. This study examines the root of the problem and compares it with the constitutional practices of the United States and South Korea. The results of the study confirm that the availability of a dispute resolution forum in the Constitutional Court is not enough to unravel the conflict of authority in the field. Two main pillars are needed as fundamental solutions. First, the application of regulatory precision in the formation of rigid and firm laws to close the gap in gray areas, adopting the discipline of South Korean legislation. Second, the need to internalize a culture of constitutional compliance among the elite of state administrators, as is the tradition of the United States Constitution. This structural and cultural double improvement is an absolute prerequisite for realizing institutional harmonization, ensuring the upholding of legal certainty, and maintaining governance stability.
Ketika Hukum Abai: Kritik terhadap Putusan Pengadilan dan Pengawasan OJK dalam Kasus Jiwasraya M. Reyhan Aldabena; Reza Kautsar Kusumahpraja; Achmad Jaelani; Andi Heridah
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines the development of national law as a dynamic instrument for achieving social welfare, with particular emphasis on civil law disputes in the insurance sector, especially those arising between creditors and debtors. It analyzes the legal construction of insolvency and its distinction from bankruptcy within Indonesian law, highlighting that insolvency does not automatically lead to bankruptcy but reflects a financial imbalance where liabilities exceed assets. Focusing on the case of PT Asuransi Jiwasraya (Persero), this normative legal research employs statutory, case, and conceptual approaches to assess the failure to apply the principles of good faith and strict liability in resolving insurance disputes. The findings reveal that despite clear indications of insolvency, mismanagement, and corruption, judicial considerations inadequately recognized prima facie evidence and public facts, resulting in suboptimal legal protection for policyholders. Furthermore, the study underscores the weakness of regulatory oversight by the Financial Services Authority (OJK), which failed to effectively prevent and respond to the company’s financial collapse. The research concludes that strengthening the application of strict liability, enhancing judicial sensitivity to evidentiary standards, and improving regulatory supervision are essential to greater legal certainty and protection for insurance consumers
Efektivitas Gugatan Warga PTUN dalam Menguji Legalitas PBG Star Padel Pulomas Oktavianus Abrianta Sembiring
Jurnal Litigasi Amsir Vol 13 No 2 (2026): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study examines community control mechanisms over State Administrative Decisions (KTUN) in the licensing sector through a case study of a citizens' lawsuit against the issuance of a Building Approval (PBG) for the commercial padel court "Star Padel" in the residential area of Pulomas, East Jakarta. Employing normative legal research with statutory and case approaches focused on PTUN Jakarta Decision Number 214/G/2025/PTUN.JKT, this research analyses: (1) the implementation of community participation in PBG issuance from the General Principles of Good Governance (AUPB) perspective; (2) spatial zoning compliance under DKI Jakarta's RDTR; (3) procedural failures in the electronic SIMBG verification system; (4) systemic implications of delegated authority violations; (5) post-verdict enforcement mechanisms; (6) environmental compliance obligations; and (7) access to justice constraints for affected citizens. The findings reveal that PBG Number SK-PBG-317502-24032025-003 violated multiple AUPB principles, contained procedural defects, including document manipulation, violated norms of delegated authority, and disregarded zoning regulations. The PTUN Jakarta panel granted the lawsuit in its entirety. This study confirms that citizens' lawsuits through the PTUN constitute an effective instrument of repressive control while functioning as an ultimum remedium in the face of preventive control failures.

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