Jurnal Litigasi Amsir
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.
Articles
235 Documents
<![CDATA[Keberadaan Tanah Absentee kini (Studi kasus di Kota Parepare, Sulawesi Selatan) ]]>
<![CDATA[Auliah Ambarwati]]>;
<![CDATA[Sri Meliana]]>;
<![CDATA[Phireri Phireri]]>;
<![CDATA[Muhammad Darwis]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the application of Law No. 5 of 1960 concerning agrarian matters to land owned by an absentee and to find out the legal consequences that arise on absentee land ownership. This research uses normative legal research with a statute approach. Types and sources of legal materials using primary legal materials and secondary legal materials. Data analysis was studied descriptively. The results showed that there was no form of law enforcement carried out by the Parepare City Land Office. This is because when the land has been registered and the certificate has been issued, the authority to use the land becomes the full authority of the land owner. The Land Office has never carried out supervision or reprimand for land owners who abandoned their land without being used to obtain results. The Land Office only makes a statement in each certificate issuance process which is then signed by the applicant. If the applicant violates these provisions, the Land Office only hands off and submits it entirely to the land owner.]]>
<![CDATA[Bentuk Pelibatan Masyarakat Dalam Melakukan Pengawasan Terhadap Pelaksanaan Pemilihan Bupati dan Wakil Bupati ]]>
<![CDATA[Aksah Kasim]]>;
<![CDATA[Andi Heridah]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Analyze and look for forms of community participation in effective supervision of the Election of Regents and Deputy Regents. The research method used is normative legal research. The results showed that the form of community involvement in supervising the Election of Regents and Deputy Regents, including the indicators for Monitoring the Permanent Voter List (DPT) in the Election of Regents and Deputy Regents of Barru Regency was considered effective, because the dominant respondents who stated that they were very effective and effective were 53 respondents (70.67 %), then who stated that it was less effective and ineffective only 22 respondents (29.33%), the indicator of understanding political education was considered ineffective, because only 23 respondents (30.67%), who stated very effective and stated effective, while 52 respondents stated that it had not been effective and ineffective, and the Ambassador Monitoring Indicator had not been implemented properly and effectively by the Supervisory Committee for the Election of the Regent and Deputy Regent of Barru Regency, because there were still more dominant respondents who stated that it was less effective and ineffective. as many as 46 respondents (61.33%), while only 29 respondents (38.67%), and the K . Indicator The cooperation between supervisors and monitors in the election of the Regent and Deputy Regent of Barru Regency is also considered ineffective, because as many as 41 respondents (54.67%) stated that it was not effective and ineffective, while only 34 respondents stated that it was very effective and effective (45.33%).]]>
<![CDATA[Kapasitas Hukum Pasien Non Covid dalam Penegakan HAM di Indonesia ]]>
<![CDATA[Muhammad Natsir]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The Covid-19 pandemic has brought many changes in the life system of people in Indonesia. In this case, the health sector and hospitals as facilities and infrastructure for health facilities providers have many challenges so as not to become the main victims in the spread of this pandemic. Furthermore, as a mitigation effort in continuing the Presidential Decree of the Republic of Indonesia Number 11 of 2020 concerning the Determination of the Corona Virus Disease 2019 (COVID-19) Public Health Emergency, several strategies have been carried out. Still, due to this integrated strategy”s focus, several media reports show the reality of other problems that have been neglected in perspective law. One of the unlucky cases is the death of pregnant women due to negligence of the hospital in handling the first delivery after being rejected by seven hospitals and another case in the form of providing non-Covid-19 patients, which then becomes a big problem in upholding human rights. This study aims to examine further the extent to which this matter is regulated in the legal system in Indonesia, the main responsible strategies and institutions, and other aspects that can be found in this confusion of problems. For this reason, researchers use the Goal Free Evaluation Framework as an independent form of the goals to be achieved in the Human Rights Law and to see other sides that will be found during the evaluation of the issue of human rights violations. The results obtained are that human rights have been regulated from the acceptance of health services by the community and labor laws from the medical team and hospital strategies listed in Service Operational Standards but have not been fully implemented. As for this matter, then it becomes the responsibility of the regional government in minimizing the occurrence of human rights violations as the institution that is most closely attached to the community even though there is a national human rights commission that is tasked with further reviewing the problem, especially after finding other factors that arise from these cases. Cases in hospitals during the Covid-19 pandemic. The main objective of this research is to serve as an evaluation material for health institutions. The other objective is to recommend it to institutions and legal observers in Indonesia to strengthen regulation and law enforcement in Indonesia]]>
<![CDATA[Perkawinan Beda Agama dalam Perspektif Hukum Positif di Indonesia ]]>
<![CDATA[Anisah Daeng Tarring]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Interfaith Marriage in a Positive Legal Perspective in Indonesia. This study aims to determine, and analyze the legitimacy of interfaith marriages in terms of marriage laws that apply in Indonesia and analyze what legal consequences arise in marriages of Indonesian citizens with foreign citizens of different religions. This study uses a normative juridical approach. A juridical approach is used to analyze various principles and theories related to the problems studied. The results of the study show that the validity of marriage in Indonesia cannot be separated from religious law, where interfaith marriages are seen from Islamic religious law and Christian religious law and other religions, basically it is not allowed to be carried out, so that if there are interfaith marriages carried out, the marriage is considered invalid. The legal consequences arising from interfaith marriages are the juridical and psychological aspects. Which is where if this interfaith marriage occurs, its legality is not recognized both in formal juridical and religious terms. Then from the psychological aspect of marriage which results in the status and belief of children, because in Indonesia they consider a legitimate child to be a child born from a legal marriage.]]>
<![CDATA[Penegakan Hukum Korupsi Dana Desa di Provinsi Sulawesi Selatan ]]>
<![CDATA[Amir Amir]]>;
<![CDATA[Auliah Ambarwati]]>;
<![CDATA[Ardiyanti Aris]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This journal aims to find out and analyze law enforcement, the volume of corruption, and the consequences of village fund corruption since it was disbursed in South Sulawesi Province from 2017 until now. This type of research is normative juridical research using a conceptual approach to legislation assisted by primary, secondary, and tertiary legal materials, which will be described, described, and analyzed using the theory of corruption. The results of this study are about law enforcement, an illustration of the high number of cases of corruption in village funds in South Sulawesi Province, which so far, before the transfer of village funds by the central government to the regions, there were rare cases of corruption in village funds which were charged with the Corruption Crime Act Number 31 of 1999 which changed into Law Number 20 of 2001 concerning the Eradication of Corruption Crimes which should, for the distribution of funds to be on target, proposed by the researchers aimed at the absorption of village funds budgets must be monitored, planned properly so that the absorption is effective and efficient for the welfare of rural communities in South Sulawesi Province.]]>
<![CDATA[Grosse Akta dalam Menghadapi Kredit Macet ]]>
<![CDATA[Phireri Phireri]]>;
<![CDATA[Amir Amir]]>;
<![CDATA[Suardi Suardi]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Grosse is different from other notary deeds, as well as is a tool of evidence for the parties as well as the actual and developing legal institutions that follow the flow speed in the development of the business, industry, and credit. this is because today's credit problems can not be separated from Grosse deed because the bond loan agreement is generally in the form of Grosse pour indeed, as stated in Article 224 HIR/258 R.B.g by using Grosse deed in case of obstacles in the debt settlement the debtor to the creditor no longer require regular claims process that will take a very long time but with the use of Grosse deed then simply by requesting the establishment of the local Chief District Court. of benefits and advantages, especially in the face of bad loans. The problem is not as simple as Grosse's deed in theory, because in practice there are still many problems that hinder the course of execution of the many requests. Where gross deed executions are addressed to the Court, there are some applications that are acceptable and some are not acceptable for the execution carried out. this is due to the presence of factors that may cause obstacles to the execution of the deed in court Grosse.]]>
<![CDATA[Undang-Undang ITE: Sang Tombak atau Tameng Dunia Maya ]]>
<![CDATA[Fandy Kusuma Faizal]]>
<![CDATA[ Jurnal Litigasi Amsir 2022: (Special Issue) September-Oktober ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research aims to determine the development of Information and Communication Technology, factors for the needs and targets of the use of information technology, and the causes of the emergence of rampant issues related to the ITE Law. This research method uses empirical normative research. The results showed that the public already knew the ITE Law, but had not been able to interpret the ITE Law correctly. The lack of socialization and literacy related to the ITE Law so has not been able to distinguish which victims are the perpetrators of violations of the Law. Therefore, let's be wiser in using this increasingly sophisticated information technology. Make the most of it for good and right things, so that no one reports each other anymore using the ITE Act and no one feels disadvantaged by this ITE Act anymore.]]>
<![CDATA[Proses Penerbitan Sertifikat Hak Atas Tanah Melalui Konversi Pada Kantor Pertanahan ]]>
<![CDATA[Andi Heridah]]>;
<![CDATA[Aksah Kasim]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the process of issuing land rights certificates through conversion at the Land Office in Parepare City. This study uses a normative juridical approach. A juridical approach is used to analyze various principles and theories related to the problems studied. The results showed that the implementation of the issuance of land rights certificates through the conversion process still refers to Government Regulation no. 24 of 1997 so in the process of issuing land rights certificates through the conversion process at the Parepare City Land Office, there was also no change. The factors that hinder the process of issuing land rights certificates through conversion are the level of community knowledge is still low; lack of technical implementing personnel; lack of facilities and infrastructure, and incomplete administration of requirements for certificate makers.]]>
<![CDATA[Mewujudkan Kepastian Hukum Pendaftaran Hak Milik Atas Tanah untuk mencegah Timbulnya Sengketa Tata Usaha Negara ]]>
<![CDATA[Johamran Pransisto]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The implementation of the handling and settlement of state administrative disputes, especially those related to the registration of property rights at the State Administrative Court, can be measured by the level of effectiveness and success based on the decision of the state administrative court which has permanent legal force. its power, to the extent that the Defendant has acted upon it. The results of the research at the Makassar Administrative Court showed that 38 decisions on land disputes that had permanent legal force, only 24 decisions were followed up, while the other 14 decisions were not implemented. As the administrator of state administration, he should implement state administrative decisions that have permanent legal force in order to realize legal certainty and orderly implementation of land registration, especially the registration of property rights over land and in addition, the state administrative body or official must know the existence of judicial institutions, including implementing decision. judiciary which already has permanent legal force, so that it can contribute to the effectiveness of the administration of justice, especially the state administrative court.]]>
<![CDATA[Pengaruh Penggunaan Gawai terhadap Pemenuhan Hak Tumbuh Kembang dan Bermain Anak ]]>
<![CDATA[Riska Ramadhani]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 1 (2022): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The use of gadgets in children can affect children's growth and development and play. In the child's growth and development, it will have an impact on the cognitive, physical, motor, emotional, social and language aspects of the child, while playing which is an important factor in the formation of a child's identity can be disrupted by the presence of gadgets. The sophistication of the features of the device distracts children, by providing favorite viewing options on the Youtube application, playing online games, using social media and learning tools. Excessive use of gadgets in children in fact has an influence on the fulfillment of children's rights, especially the right to a healthy body that will make optimal development and children's right to play. Lack of awareness of the role and responsibility of parents in providing the use of gadgets in children hampers the growth and development of children.]]>
