cover
Contact Name
Muh. Akbar Fhad Syahril
Contact Email
juliafhandisapada@gmail.com
Phone
+6281297221194
Journal Mail Official
juliafhandisapada@gmail.com
Editorial Address
Jl. Andi Sapada No. 11 Kelurahan Sumpang Minangae, Kec. Bacukiki Barat, Kota Parepare 91122, Indonesia
Location
Kota pare pare,
Sulawesi selatan
INDONESIA
Jurnal Litigasi Amsir
ISSN : -     EISSN : 29639360     DOI : -
Core Subject : Humanities, Social,
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
Kajian Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika Nurdia Nurdia; Herman Balla; Suardi Suardi
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

The purpose of this research was conducted: To find out the judge's considerations in passing a decision on the crime of narcotics abuse, decision number: 19/Pid.Sus/2022.PN.Enrekang; & To Know the Application of Material Criminal Law Against the Crime of Narcotics Abuse Against Decision Number: 19/Pid.Sus/2022.PN.Enrekang. The type of research used is Normative Legal Research. The results of the study: As for the legal considerations by the Judge of the crime regarding Every Narcotics Abuse of Group I for himself is punished with a maximum imprisonment of 4 (four) years in decision Number: 19/Pid.Sus/2022.PN.Enrekang, in dropping the sentence was appropriate because the Judge had considered several things, both in terms of Juridical Facts and Subjectively which included accountability for the actions committed with the consideration that when carrying out his actions, the defendant was aware of the consequences. In addition to the above, the Judge also did not see any justification or excuse that could eliminate the unlawful nature of the Defendant's actions. The Panel of Judges saw that the things that were aggravating were that the Defendant's actions did not support the Government's program to eradicate the distribution and use of Narcotics illegally, the Defendant's actions could damage himself and other young people, and the Defendant had been convicted before; & Application of material criminal law by judges against criminal acts regarding Every Narcotics Abuser Group I for himself is sentenced to imprisonment for a maximum of 4 (four) years in the Decision mentioned above, and it is appropriate for the Public Prosecutor to use 2 (two) charges, namely: Primary Article 112 Paragraph of Law No. 35 of 2009 concerning Narcotics in conjunction with Article 132 (1) of Law No. 35 of 2009 concerning Narcotics, and Subsidiaries of Article 127 paragraph (1) of the Narcotics Act No. 35 of 2009 about Narcotics. Among the elements of the two articles charged by the Public Prosecutor, what has been proven legally and convincingly guilty is Article 127 Paragraph (1) letter of Law No. 35 of 2009 concerning Narcotics where the acts and elements of the Articles match each other.
Kajian Yuridis Pengesahan Perkawinan di Pengadilan Agama Siti Mardhatilla Habiba K; Muh. Sabir Rahman; 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 judge's legal considerations for the legalization of marriage (isbat nikah) based on decision no. 189/Pdt.P/2021/PA.Pare, and application of judge's law to the legalization of marriage (isbat nikah) based on decision no. 189/Pdt.P/2021/PA.Pare. This research uses a type of normative research with a statutory approach and a case study approach, the data collection techniques used are observation, interviews, and documentation. The types and sources of legal materials use primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that determining the case for a marriage certificate by the judge in decision No. 189/Pdt.P/2021/PA.Pare by the applicants Hriyandi bin H. Abd Rahman and Khofifah Nur Syahrah bint Hasbulla were declared legally valid. The marriage of the applicants is following Islamic law and has fulfilled the provisions of Article 14 to Article 30 of the Compilation of Islamic Law regarding the terms and pillars of marriage.
Peran Penyidik Kepolisian dalam Penanganan Tindak Pidana Kekerasan dalam Rumah Tangga Andi Suhartini; Patahillah Asba; Herman Balla
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 research was conducted with the aim of knowing the role of police investigators in handling criminal acts of domestic violence in Sidenreng Rappang district. And to find out what obstacles are faced by police investigators in handling criminal acts of domestic violence in Sidenreng Rappang district. Type of Research The type of research used in this paper is Normative-Empirical research. The results of the study show that the role of Police Investigators from the Sidenreng Rappang Police in resolving domestic violence crimes in Sidenreng Rappang Regency can be done in two ways, namely through the Family Process (Penal Mediation); and through the legal process (Penal Policy). The Obstacles Faced by Police Investigators in Completing Domestic Violence Crimes in Sidenreng Rappang Regency are Obstacles in Regulations Related to Penal Mediation; Obstacles in the Legal Process; Barriers from the victim; Obstacles From Actors; Barriers from the Family; and Obstacles From the State.
Perlindungan Hukum Nasabah atas Penggunaan E-Banking Pakhry Nugroho Kadari; Saharuddin Saharuddin; 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 research is a normative legal research. This research will examine the principles, legal concepts and laws and regulations related to the legal protection of bank customers for the use of Internet-Banking. In order to obtain research materials, the research will be carried out by means of a literature study that examines legal materials. Legal materials as research materials are taken from library materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials and non-legal materials obtained in this study will be analyzed prescriptively with the deductive method. The results of this study indicate that forms of legal protection for users of internet banking services can be seen from several provisions, namely Law No. 8 of 1999 concerning consumer protection. However, it is very regrettable that some of these provisions have not been good enough in providing legal protection for consumers who use internet banking because law enforcement has not been implemented. Thus, the legal protection that is expected to be enjoyed by the community does not and/or has not occurred. And law no. 8 of 1999 concerning consumer protection, some of its rules still have many weaknesses and shortcomings, namely the lack of relevance of the rules to current legal issues, especially those related to technology.
Kajian Yuridis Putusnya Perkawinan Akibat Cerai Gugat Yolanda Tresna Dian A; Saharuddin Saharuddin; 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 find out the legal considerations of judges in deciding a marriage due to divorce in the Religious Court of Parepare City (Case Study Number 123/Pdt.G/2022/PA.Pare). Parepare City Religion. This research uses a normative research type supported by a statutory approach and a case study approach, the types and sources of data using primary data, secondary data, tertiary data, and data analysis are examined qualitatively and descriptively. The results of the study show that the judge's legal considerations in breaking up a marriage due to divorce were sued at the Parepare Municipal Religious Court Number 123/Pdt.G/2022/PA.Pare is correct and correct, where the basis for the judge's consideration is that the plaintiff and the defendant have separated residence for 6 years and 8 months until now the plaintiff left the place shared residence and since the house separated between the plaintiff and the defendant there has been no communication and no visiting each other and there is no maintenance from the defendant to the plaintiff, that during the trial, the plaintiff was determined to separate from the defendant, and the factors that led to the breakup of the marriage due to divorce sued in Parepare City Religious Court, namely: Internal factors, namely economic factors, not being given a living, disputes and constant bickering, external factors, namely the factor of infidelity or the presence of other ideal women, the interference of parents and drunkards or gamblers.
Peran Pos Bantuan Hukum Pada Masyarakat Kurang Mampu Herman Balla; Suardi Suardi; Fajar Hari Sandy
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The research objectives expected by the author are First, 1. To find out the role of the Legal Aid Post in the Poor in the Sidrap Religious Court; 2. To find out the existence of legal aid posts for underprivileged communities at the Sidrap Religious Court. This research is a normative research. The collection of data used in this study was a library research (literary study) and was supported by interviews (interviews) as supporting data. Qualitatively analyzed. The results of the research show that the Legal Aid Post at the Sidrap Religious Court was formed in May 2019, and has handled 504 cases, since the issuance of the Indonesian Supreme Court Regulation Number 1 of 2014 regarding the establishment of Legal Aid Posts in every court throughout Indonesia and has handled thousands of cases. Basically in its service, the Sidrap Religious Court does not differentiate between the poor and the rich, all of whom can request legal assistance from the Legal Aid Post by completing the requirements. Based on direct interviews conducted by researchers, the poor did not know about the Legal Aid Post because they had never been involved in legal problems in court, while those who knew about the Legal Aid Post were the poor who had been involved in legal problems in court.
Pesona Kekayaan Alam: Sumber Konflik di Kawasan Laut China Selatan Auliah Ambarwati; Adi Prahmana Putra; Ahmad Wadil Aryadi; Nabila Nabila; Nurriskayanti Ramli; Arzety Najwa; Sutriani Sutriani
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research paper examines the influence of natural resources on international conflicts, focusing on the case study of the South China Sea dispute. The South China Sea is an area rich in natural resources, including oil, gas, and fisheries, which has resulted in competing territorial claims among several countries in the region. The objective of this study is to analyze the relationship between natural resources and the escalation of conflicts in the South China Sea. The findings suggest that the abundance of natural resources in the South China Sea has significantly contributed to the escalation of conflicts in the region. The competition for energy resources, fisheries, and strategic control has intensified rivalries and territorial disputes among the claimant states. The findings of this study contribute to the existing body of knowledge on the relationship between natural resources and international conflicts and provide insights into the challenges and potential avenues for peaceful resolution in the South China Sea
Perlindungan Hukum Terhadap Perjanjian Kerja Barista dengan Indische Coffee atas Keterlambatan Pembayaran Upah Muhammad Sabir Rahman; Phireri Phireri; Yunisye Cenentya Wangka
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the legal protection of the barista work agreement with Indische Coffee for late payment of wages. The type of research used in this research is normative legal research. The research approach is a sociological juridical approach. The object of this research is located in Indische Coffee, the object studied is the barista work agreement with Indische Coffee for late payment of wages. The types and sources of data used in this study are primary data resulting from secondary research, namely legislation, institute decisions, published books and journals, tertiary data, namely data sources through articles and websites that are online. The results of the study show that the legal protection for workers who experience wage delays in indische coffee is regulated in the contents of the work agreement Article 1 Paragraph 2 Points b and Point d regulates wages and if there is a dispute, dispute resolution is regulated in Article 4.
Aspek Piskologi Terhadap Balapan Liar Oleh Remaja Suardi Suardi; Herman Balla; Fachrul Rijal
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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This study aims to find out what influences adolescents to carry out illegal racing and to find out what law-abiding actions must be done in minimizing teenagers carrying out illegal racing actions. This study uses a normative-empirical research type, which combines theoretical-rational and sensory-observative by using a reasoning model by first using inductive logic which is then continued with deductive logic. The results of the study show that the factors that cause adolescents to carry out illegal racing include factors that are within the child himself, factors that come from the family, factors from the community environment, factors that come from the school environment and efforts made by the Parepare City Police. in tackling illegal racing carried out by teenagers, namely carried out in two ways, namely preventive efforts (prevention) and repressive efforts (enforcement).
Kekerasan Dalam Rumah Tangga dalam Perspektif Hukum Pidana Muhammad Darwis; Iswandy Rani Saputra; Ali Ichsan Kiramang
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted with the aim of knowing the forms of domestic violence that are regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City throughout 2021-2022. The type of research used in this research is normative and empirical research or what is commonly known as legal research which combines the two. The research results show that forms of domestic violence are in the form of physical violence, namely beatings, kicking, and also encouragement by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in are individual factors, family factors. As well as community factors consisting of poverty.

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