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 Perlindungan Hukum Saksi Pelaku Yang Bekerjasama Dalam Undang-Undang Perlindungan Saksi dan Korban Surya Anggraeni; Patahillah Asba; Moch. Alfatah Alti Putra
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the legal protection of witness witnesses who cooperate in the Law on the Protection of Witnesses and Victims. To find out the legal vacuum for the protection of witnesses for perpetrators who cooperate in the law for the protection of witnesses and victims. This study uses the type of normative legal research. The research results show that Law Number 31 of 2014 concerning the protection of witnesses and victims provides protection and assistance to witnesses and victims. The protection that is meant here is as a place of refuge and protection for someone who needs it as a result he feels safe against the threats around him. courts and judges, including the Supreme Court as an institution of judicial power, play an important role in filling the legal vacuum (rechtsvacuum). work together (Justice Collaborator).
Kajian Yuridis Terhadap Wanprestasi Perjanjian Utang Piutang Achmad Nur Miftahuddin; Kairuddin Karim
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to find out the process of resolving default cases in debt and credit agreements and also to find out the legal considerations of judges in passing decisions on default cases in debt and credit agreements, especially in case Number 6/Pdt.G.S/2019/PN.Pre. This research uses a normative research type supported by statutory and case study approaches. The types and sources of data using primary, secondary, tertiary, and data analysis are studied qualitatively and descriptively. The research results show that in resolving this default case, all stages have been carried out and implemented. In this case, the judge has sought peace between the Plaintiff and the Defendant including advising the parties to make peace outside the court (mediation) this effort was not achieved, and the judge's legal considerations in deciding the case at the District Court of Parepare City Number 6/Pdt. G.S/2019/PN.Pre is correct and correct, in which the Defendants must pay off immediately and unconditionally all of the Defendants' credit arrears as required and agreed in the Defendants' Debt Acknowledgment Letter.
Simplifikasi Pengawasan Barang Ekspor Dalam Rangka Penegakan Hukum Kepabeanan Asri Rahim; Muhammad Darwis; Muhammad Natsir
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the supervision of export activities at the Parepare Customs and Excise Office. And to find out the efforts of the Parepare Customs and Excise Office in enforcing the law on violations of export activities. The type of research used in this research is empirical normative research. they are supported by a statutory approach and a structural approach. The study results in show that supervision of export activities at the Parepare Customs and Excise Office is carried out administratively and physically, starting from the arrival of the means of transport, loading of exported goods, and administrative services for completeness of export documents. The Parepare Customs and Excise Office made efforts to enforce the law on violations of export activities by analyzing export documents and collecting information on the vulnerability of illegal exports so that during the research period no legal violations were found in export activities.
Kajian Yuridis Tindak Pidana Penipuan Pemberangkatan Haji dan Umrah Abdul Rahman Anwar; Muh. Fadli Faisal Rasyid; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the factors that cause the occurrence of criminal acts of fraud with the mode of departure for Hajj and Umrah in the city of Parepare. And to find out the legal considerations by the judges in deciding cases of criminal acts of fraud against Hajj and Umrah departures in the city of Parepare based on the MA Decision Study Number 1163 K/Pid/2021 whether or not they are in accordance with alternative charges. The type of research used in this study is normative and empirical legal research. Supported by a research approach, namely the sociological juridical approach and the case approach. The results showed that the factors that caused the crime of fraud with the Haj and Umrah departure mode in the city of Parepare were the character of people who easily believed, lack of understanding regarding the official nature of travel, the desire of people who wanted to quickly go on pilgrimage and umrah, not being careful. the public is careful or less alert, the way travel agents attract public interest and trust, and a lack of counseling regarding the departure of the Hajj and Umrah pilgrimages. Second, legal considerations by judges pay attention to several aspects apart from the legal facts that have occurred, also related to alternative charges. Even though there were two alternative charges, namely Article 378 concerning Fraud and Article 372 of Embezzlement, in the end the judge determined that the defendant H. Abdul Kadir was proven to have committed a criminal act of fraud. This is in accordance with the first alternative indictment by the public prosecutor due to the fulfillment of the element of fraud as referred to in Article 378.
Perlindungan Hukum Terhadap Konsumen Dalam Transaksi E-Commerce Ahmad Ahmad; Johamran Pransisto; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the practice of buying and selling, and to find out that regulations on consumer protection are still in accordance with the pattern of buying and selling online. This research uses normative legal research with a literature study approach, types and sources of legal materials using primary legal materials and secondary legal materials. Data analysis will be examined from a qualitative perspective. The results of the research show that online buying and selling practices and regulations on consumer protection have been accommodated in Law no. 8 of 1999 (consumer protection), law no. 31 of 2004 (Engagement), law no. 7 of 2014 (trade) and Law no. 19 of 2016 (ITE).
Analisis Yuridis Kepemilikan Ex Tanah Adat Pada Masyarakat Pamboang Muhammad Al Habsy Ahmad; Dewi Wulandari
Jurnal Litigasi Amsir Vol 10 No 3 (2023): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The aims of this research were to find out the process of acquiring individual rights in the Pamboang community to become individual ownership rights and to understand the handling of obstacles faced in obtaining legal certainty regarding individual ownership rights over customary land in the Pamboang community, Majene Regency. This research was an empirical normative study. The data collection method in this research were primer data and seconder. The result of this research was the process of obtaining rights over customary land and converting it into individual ownership in the Pamboang community, Majene Regency, involves three stages. In order to be recognized as ownership rights over land, it must meet certain requirements or essential elements contained within the concept of ownership itself, such as the elements of hereditary, strongest, and fulfilled, as well as other elements like social function. In order to obtain evidence of ownership rights over land in the form of a land certificate, the land must be registered with the National Land Agency.
Kajian Yuridis Terhadap Penguasaan Tanah Secara Melawan Hukum Resa Mahendra; Kairuddin Karim; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to find out the basic material legal considerations of the Court Judge in deciding the case Case Number 2/Pdt.G/2020/PN.Sdr and to find out the application of the Judge's Law in Case 2/Pdt.G/2020/PN. Sdr. The research method used in this writing is the type of research used in this research is normative research. Normative legal research is research conducted using an approach to legal norms or substances, legal principles, legal theory, legal arguments and comparative law, where the orientation of normative legal research is Law In Books, namely observing legal reality in various legal norms or rules that have formed. The results of the study show Legal considerations of unlawful acts disputes in the Sidenreng Rappang District Court Decision, occurred because of the transfer of land rights carried out by Hj. Nurliah Kamal committed an unlawful act against her over the object of the dispute, by making a Death Certificate from her family on behalf of H. P. Dali, and a Death Certificate on behalf of H. P. Camming, marked T-3; over the object of dispute which is used as evidence, but cannot be recognized as legal evidence of ownership by the Sidenreng Rappang District Court by taking into account the provisions of Article 163 HIR/283 RBg, the Civil Code, and all laws and regulations related to a case; Application of the Judge's law in Mastery of the disputed object Stating according to law that the actions of the Defendant controlling the land of the object of dispute belonging to the Plaintiff and not wanting to hand over the object of dispute to the Plaintiff are unlawful acts, according to the Decision of the Sidenreng Rappang District Court Number 2/Pdt.G/2020/PN.Sdr.
Hakekat Peraturan Pemerintah Pengganti Undang-Undang (PERPPU) Dalam Peraturan Perundang-Undangan di Negara Republik Indonesia Asti Dwiyanti
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study is intended to investigate the size or reason for the issuance of a PERPPU by the President, as well as the nature or content of a state crisis that creates a convincing state of emergency. This research uses the Literature Review Comparative Study procedure, using secondary information. In granting the PERPPU, the President's power appears to be "strong", no mediation can be carried out by any agency until the opportunity comes for deliberations in the DPR to decide whether the PERPPU is ratified or dissolved. This examination raises issues, first, what are the dimensions or reasons for the establishment of a PERPPU by the President? Second, what is the nature or content of the country's crisis that makes a state of emergency compelling? The inspection technique relies on essential and selected halal materials, assisted by written studies and using juridical methodologies. The consequences of closing the review are, first, the size or reason for the formation of a PERPPU by the President depends on very unexpected (strange) conditions or events from a country as a state crisis. Second, the nature or content of the country's crisis which makes it a convincing state of emergency consists of 3 (three) components, namely the first component is a dangerous hazard; second, the need component that requires, and third, the limited time component that can be accessed.
Penerapan Restorative justice Dalam Tindak Pidana Pelanggaran Lalu Lintas Zainul Akbar
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research was carried out aiming to find out the factors that impede the implementation of Restorative justice by the Enrekang Resort Police in the settlement of Traffic Crimes. And to find out the application of Restorative justice by the police in the settlement of traffic crimes. The type of research used in this research is normative law research and empirical research. The results of the study show that the settlement of traffic accidents using a Restorative Justice or ADR approach in the jurisdiction of the Enrekang Police has been running for traffic accidents caused by minor injuries. Settlement of traffic accidents through a Restorative justice legal approach can be carried out by means of ADR (Alternative Dispute Resolution) if the accident is in the Mild category. However, if there is a serious accident, Restorative justice cannot be used. Settlement of traffic accident cases using Restorative justice so that there is no accumulation of traffic accident cases. The obstacle that is often faced by investigators from the Traffic Accident Unit of the Enrekang Police in handling traffic accidents with a Restorative Justice approach is only a lack of understanding by some people about Law Number. 22 of 2009. Some people still think that it is the party who is injured or who crashes is the wrong party and Accidents involving Cars and Bicycles, Motorcycles, which are wrong are Cars or Motorcycles and pedestrians, which are wrong are motorcycles.
Perlindungan Hukum Terhadap Pelanggaran Hak Cipta Melalui Internet Asmaul Asmaul; Kairuddin Karim; Lia Trizza Firgita Adhilia
Jurnal Litigasi Amsir 2023: (Special Issue) September-Oktober
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research was conducted aiming to find out the forms of copyright infringement that are carried out via the Internet and to find out the government's legal protection for copyright holders of songs on cassettes and compact disks whose copyrights are infringed via the Internet. The type of research used in this research is normative research. The results of the study show that Intellectual Property Rights, especially in the field of Copyright, are recognized by the existence of Law Number 28 of 2014 concerning Copyright which is used as a tool to protect ideas and new works by the Indonesian people. Under the law, copyright falls under Intellectual Property Rights (IPR), including patents, industrial design rights, trademark rights, integrated circuit layout design rights, and trade secret rights. There are several forms of copyright infringement on the internet, including creating websites for famous singers containing their songs, then creating sites containing songs from famous singers, there is also spreading videos of singers by uploading videos of these singers to Youtube sites without the knowledge of the singer or the owner of the singer's record label. As well as copyright protection with the existence of Law Number 28 of 2014 concerning Copyright, it contains a minimum and maximum amount of punishment that can be received by copyright violators, whether in the form of imprisonment or fines.

Page 9 of 24 | Total Record : 235