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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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Efektivitas Kepolisian dalam Melakukan Penyelidikan Tindak Pidana Penipuan Online Melalui Media Elektronik Internet Arini Asriyani; Asti Dwiyanti
Jurnal Litigasi Amsir 2022: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study uses primary data and secondary data. Primary data is obtained directly by the police who handle online fraud cases via the internet, while secondary data is obtained through literature studies. The data were analyzed qualitatively and then presented descriptively by explaining and describing according to the related problems. The results of the study show that: Investigations of online fraud crimes handled by the police are still not effective so the ineffectiveness of the investigation results in a large backlog of cases that are not resolved properly
Analisis Yuridis Pengolahan Data Fisik dan Yuridis Dalam Pendaftaran Tanah Menurut PP No 24 Tahun 1997 di Kantor Pertanahan Kabupaten Maros 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 aims to identify and analyze legal studies on the Effectiveness of Processing Physical Data and Juridical Data According to PP. No. 24 of 1997 concerning Land Registration, and knowing and analyzing the factors that influence the management of physical data and juridical data in the registration of land rights according to PP. No. 24 of 1997 concerning Land Registration, to prevent state administration disputes from arising at the Maros District Land Office. The type of research used is the type and descriptive research approach. The results of the study show that the implementation of the management of physical data and juridical data in the registration of land rights to prevent the emergence of state administrative disputes at the Maros Regency Land Office is to realize legal certainty through the management of physical data and juridical data in the bookkeeping of rights in the registration of land rights and implementing concretely and being accountable for administration certainty and presenting information on registration of land rights has not been carried out effectively and efficiently. To realize the effectiveness of the management of physical data and juridical data according to PP. No. 24 of 1997 concerning land registration at the Maros District Land Office to prevent state administrative disputes from arising is influenced by several factors, namely legal substance; Legal structure; and legal culture
Juridical Analysis of Portrait Publication Without The Permission of The Creator because of Law Number 28 of 2014 Concerning Copyright Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir 2022: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This Research aimed to determine how I protect the law against the victim of I-portrait publication without the permission of the Author I reviewed I of Law No. Ihak Icopy. The research method used in this Research is the type of normative juridical Research. The results of this study showed that: There are two types of protection, preventive and repressive protection. Preventive protection is aimed at preventing copyright infringement on photography. Repressive protection is aimed at resolving copyright infringements on portraits. Meanwhile, attempts at settlement in the event of a dispute between the Photographer and the person being photographed can be carried out in two ways: by filing a lawsuit against I-Commerce Court or arbitration. Submission of a case in the Commercial Court is carried out if the Photographer does not ask for permission in advance from the person who becomes the object of the portrait. As for the suggestions that the Author gives in this matter, they are: (1) the government must provide strict sanctions to the copyright violators of the photographs of those who use the pictures of other persons for promotion, because of the preventive protection of copyrights for portraits, photographers rarely do this in publishing the results of their works. His portrait. (2) Photographers are advised to only use or publish the portraits of other people for promotion easily after getting the approval of them or their heirs. (3) The government should provide socialization to the public that photographers use their portraits or their portraits for commercial performances that have received the protection of those regulated by them in Law No. 128 of 12014 on copyright.
Prosedur Pembinaan dan Pengawasan Notaris oleh Majelis Pengawas Notaris Daerah Lia Trizza Firgitta Adhilia; Anisah Daeng Tarring
Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out and analyze the procedures regarding the Guidance and Supervision of Notaries carried out by the Notary Regional Supervisory Council, as stipulated in Law Number 30 of 2004 concerning the Position of Notary, Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of a Notary, Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 15 of 2020 concerning Procedures for Examining the Supervisory Board of Notaries, as well as Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 16 of 2021 concerning Organizational Structure and Work Procedures, Procedures for Appointment and Dismissal, as well as the Budget of the Notary Supervisory Board. This research is normative legal research using a statutory approach (statute approach) and a conceptual approach (conceptual approach). The results of the study show that the procedures for fostering and supervising notaries carried out by the Regional Notary Supervisory Board are preventive or preventative in nature, so that there is no misuse of office committed by notaries, and curative supervision and coaching, which means supervision and guidance to Notaries in carrying out their positions, The procedures for supervision and guidance are carried out by conducting periodic checks, namely at least once a year, on Notary protocols, Office Conditions, complete office administration, employees, Notary nameplates and so on, as well as inspections at certain times if deemed necessary, as well as guidance in the context of a Notary committing a violation of the code of ethics, or there is an allegation of a violation of the performance of Notary duties or a Notary who performs his/her duties not in accordance with UUJN, so that it can interfere with the implementation of the duties of his position or can even cause harm to the community.
Kekuatan Pembuktian Akta Dibawah Tangan Dalam Hukum Acara Perdata Ayu Chairun Nisa
Jurnal Litigasi Amsir Vol 11 No 1 (2023): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out and analyze the strength of proof that an underhanded deed can provide legal certainty and to find out and analyze the weaknesses of proving an underhanded deed as evidence. This research uses normative-empirical research. The study results show the strength of proof of an underhanded deed to provide legal certainty if it fulfils the requirements and value of the underhanded deed, where the evidentiary requirements contain events that form the basis of a right or engagement affixed to the signature and made by the parties. Parties without the help of officials. Whereas in terms of the proof value of an underhanded deed, if from the echtheidsprosedure it cannot be proven the correctness of the signature on the underhanded deed, it means that the person concerned is deemed correct in dismissing it and the underhanded deed is aborted as evidence that has value. Conversely, if the signature on the private deed can be verified from the echinoids procedure but is still denied by the person concerned, it is a fact that the judge has found the truth of the statement above the private deed by itself also becomes sufficient evidence for the judge to consider. And the weakness of proving the deed under the hand is only limited to the formal and material sense, not the sense of birth. Because of this, what appears to be an underhand deed is not binding as evidence and becomes a real weakness in the trial, so in itself, it can become a basis for refusing to fulfil the contents of the agreement even if the statement and the contents of the agreement are recognized and justified.
Kesalahpahaman Euthanasia Dalam Perspektif Human Rights dan Hukum Islam Muhammad Andri Alvian; Aksah Kasim; Johamran Pransisto
Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Euthanasia is a new breakthrough that has its own existence in the world of medicine. Euthanasia is meant to be the act of deliberately eliminating human life to end the suffering it experiences. This paper aims to provide an overview of euthanasia and describe misconceptions in euthanasia practice. The method used in this study is literature research, the main focus of this research is on normative approaches including Islamic law, as well as using secondary data from literature containing information about euthanasia itself. The results of this study show that there is a misunderstanding in the practice of euthanasia, starting from the concept of human rights that does not accommodate the right to die as contained in article 28I paragraph (1) of the 1945 NRI Constitution, the prohibition of killing intentionally or unintentionally in the Criminal Code and the code of ethics which is oriented towards the obligation of a doctor to protect the life of a patient. In addition, judging from Islamic law, eliminating life by euthanasia is a suicide attempt that is not justified in Islamic law, let alone containing a very complex hypocrisy.
Perlindungan Hukum Bagi Konsumen dari Peredaran Makanan Kedaluwarsa Erfan M; Johamran Pransisto; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the form of legal protection for consumers against the circulation of expired food in Enrekang Regency and to find out the efforts made by the Government and the community in preventing the circulation of expired food in Enrekang Regency. secondary. The results of the study show that the form of legal protection for consumers of expired food products, especially in Enrekang District, Enrekang Regency, is the existence of a prohibition for business actors as regulated in Article 8 letter g paragraph (2) and paragraph (4). Apart from that, the form of legal protection for consumers is also contained in Article 7 of the UUPK which regulates the obligations of business actors, the form of legal protection can also be seen in Article 19 of the UUPK which regulates the responsibilities of business actors and the efforts made by the Government together with the community in preventing the distribution of expired food. in Enrekang District, Enrekang Regency, namely with the Government's responsibility to provide guidance to business actors and carry out joint supervision of Non-Governmental Organizations engaged in Consumer Protection by carrying out market operations or raids on cake shops and Mini Markets.
Penimbunan Bahan Bakar Minyak (BBM) Tanpa Izin yang Disubsidi Pemerintah dalam Persperktif Pidana Muhammad Aksah Sahudi; Herman Balla; Auliah Ambarwati
Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the application of criminal sanctions against the perpetrators of the Hoarding of Fuel Oil (BBM) Without a Government Subsidized Permit based on the Case Study in Decision No. 266/Pid.Sus/2019/PN.Pli and To find out the judge's considerations in imposing a crime on the Crime of Stockpiling Oil Fuel (BBM) Without a Government Subsidized Permit based on the case study in Decision No. 266/Pid.Sus/2019/PN.Pli. This study uses a type of normative research with a statutory approach (statute approach) and approach (study) case (case approach). Sources of legal materials use primary legal materials and secondary legal materials. The results of the research show that the application of criminal sanctions against the perpetrators of the stockpiling of government-subsidized fuel oil (BBM) is based on the case study in decision No. 266/Pid.Sus/2019/PN.Pli the public prosecutor charged the defendant with alternative charges, namely Article 55, Article 53 letter b, and Article 53 letter c of Law Number 22 of 2001 concerning Oil and Gas, and the judge imposed criminal sanctions against the defendant based on the public prosecutor's third alternative indictment. The judge's considerations in imposing a sentence on the crime of hoarding fuel oil (BBM) without a permit subsidized by the government is based on the case study in decision no. 266/Pid.Sus/2019/PN.Pli namely by looking at aspects of juridical considerations including witness statements, evidence, and the defendant's statement resulting in legal facts that were revealed in court then the judge considered the elements contained in Article 53 letter c of the Law -Law Number 22 of 2001 concerning Oil and Natural Gas to impose a sentence on the defendant, and the judge considers aggravating and mitigating circumstances for the defendant.
Praktik Oper Penumpang Angkutan Bus Antar Kota Muhammad Rifqy Rusliyadi; Kairuddin Karim; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the factors that cause city transport passenger shift activities within the province at Lumpue Parepare type A terminal and to find out the legal review of passenger shift activities at Lumpue Parepare type A terminal. This research uses normative and empirical research with a statutory approach and a case passenger; Transport; Terminal. study approach, the data collection techniques used are observation, interviews, and documentation. Types and sources of data using primary data, secondary data, tertiary data, and data analysis were examined qualitatively and descriptively. The study's results show what factors cause the activity of passing city transport passengers within the province at the type A terminal of Lumpue Parepare. The first is the loss experienced by bus transportation when it carries a few passengers or beyond the maximum target sea it carries. The second is bus routes. The third is that the bus violates itself outside the terminal which the driver carries out, while inside the terminal it is a passenger movement, not a passenger transfer activity. Fourth, the condition of the bus is not roadworthy for travel, and a legal review of passenger transfer activities at the Lumpue Parepare type A terminal, namely agreement law, consumer protection law, and transportation law.
Analisis Mashlahah Terhadap Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 Wiwin Wiwin
Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This article discusses the Constitutional Court's Decision No. 22/PUU-XV/2017 which equalizes the age limit for marriage in Indonesia. The article employs a normative legal research method with a focus on legislation, analytical, conceptual, and maslahah approaches. The research findings indicate that Constitutional Court Decision No. 22/PUU-XV/2017 is based on philosophical, juridical, and sociological considerations, emphasizing the importance of equal age limits for marriage in Indonesia. Consequently, the phrase "age 16" in Article 7, Paragraph (1) of Law No. 1 of 1974 concerning Marriage is deemed inconsistent with the 1945 Constitution. The equalization of age limits for marriage in Constitutional Court Decision No. 22/PUU-XV/2017 encompasses aspects of maslahah, such as protecting the rights of women who have been marginalized due to differing age limits for marriage between men and women. Moreover, Constitutional Court Decision No. 22/PUU-XV/2017 also promotes the maslahah of gender equality in the legal regulation of marriage in Indonesia.

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