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Sutia Budi
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Clavia: Journal of Law
Published by Universitas Bosowa
ISSN : 1411349X     EISSN : 24776009     DOI : https://doi.org/10.56326/clavia
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Clavia ini dimaksudkan sebagai media komunikasi kalangan akademisi hukum, praktisi hukum, dan masyarakat luas pada umumnya. Media ini merupakan forum pengkajian berbagai masalah hukum dalam masyarakat sekaligus pengembangan pemikiran di bidang ilmu hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 234 Documents
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PENGGGUNAAN SIDIK JARI DALAM PEMBUKTIAN TINDAK PIDANA PEMBUNUHAN PADA TAHAP PENYIDIKAN (Studi Kasus di Polrestabes Makassar): THE USE OF FINGERPRINTING IN PROVISION OF THE CRIME OF MURDER IN THE STAGE OF THE INVESTIGATION (Case Study at Polrestabes Makassar) Adang, Chiep Panji; Oner, Basri
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (273.355 KB) | DOI: 10.56326/clavia.v19i1.629

Abstract

This study aims to determine the process of using fingerprints in proving a murder crime at the investigation stage and to determine the constraints in the use of fingerprints in proving a murder crime at the investigation stage. This research uses descriptive analysis type of research that uses empirical juridical research type. This study states that fingerprints (dactyloscopy) are used as evidence in uncovering murder crime cases in order to find suspects, fingerprints are also very effective and have advantages, the obstacles encountered in using fingerprints in proving murder crimes at the investigation stage, are resource constraints human resources, few members of the police who have expertise in the field of ductyloscopy, weather, facilities in the field of fingerprints and the community will lack knowledge of the crime scene.
PENYELESAIAN PEMBIAYAAN BERMASALAH DENGAN JAMINAN FIDUSIA PADA BANK PEMBIAYAAN RAKYAT SYARIAH DANA MONETER: COMPLETION OF PROBLEM FINANCING WITH FIDUSIAN GUARANTEE IN BPRS Isnaad, Ainun Putri; Kamsilaniah; Jafar, Juliati
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (197.513 KB) | DOI: 10.56326/clavia.v19i1.630

Abstract

The purpose of establishing a Sharia Bank is to mediate between the owner of the fund and the client who needs to obtain funds through agreements and agreed refunds. Through this role, Islamic Banks are recognized to have made many contributions.to.the.country's.economic.and.social.development. But in reality, not all customers have succeeded in returning Islamic Bank funds according to the agreement. There may be a number of problems with financing, which can threaten bank liquidity. This article is intended to explain the problem of Islamic banks and financing methods to solve them.
ANALISIS HUKUM PENJUALAN HARTA GONO-GINI TANPA PERSETUJUAN ISTRI (STUDI KASUS PUTUSAN No.1684/Pdt.G/2019/PA.Mks): LEGAL ANALYSIS OF GONO-GINI PROPERTY SALES WITHOUT WIFE AGREEMENT (CASE STUDY DECISION No.1684 / Pdt.G / 2019 / PA.Mks) Arbillah, Asriani; Santing, Waspada; Taba, Hamzah
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.489 KB) | DOI: 10.56326/clavia.v19i1.631

Abstract

This research was conducted at the Class 1A Makassar Religious Court, with the aim of finding out what underlies the husband selling his property without the wife's consent and knowing the judge's consideration so as to grant the wife's lawsuit in decision No.1684 / Pdt.G / 2019 / PA.Mks. This research is a normative legal research with a focus on empirical juridical studies. The results of this study indicate that the husband sold the gono-gini property without the wife's consent, because the joint assets or property generated during the marriage between the plaintiff and the defendant have been deemed to be divided between each party. However, the panel of judges did not agree with the agreement they made because it was unclear which one belonged to the plaintiff and which one belonged to the defendant so that the assets were determined based on the facts in court, namely the testimony of the witnesses. This became the judge's consideration in deciding case Number 1684 / Pdt G / 2019 / PA.Mks, granted part of the Plaintiff's claim because the panel had examined the letter of agreement made by the Plaintiff and Defendant, but the peace agreement letter was not clear in detail or in full regarding the assets of the Plaintiff and Defendant, which where the joint assets that are part of the Plaintiff and which are part of the Defendant, so that the panel assesses what the defendant argues that the shared assets between the Plaintiff and the Defendant have been divided is not proven but has not been divided between the Plaintiff and the Defendant, so that the panel of judges agrees that The Plaintiff's claim in this case is the Defendant's Wife.
HAK MASYARAKAT HUKUM ADAT MATTEKO TERHADAP PENGELOLAAN HUTAN ADAT DI KECAMATAN TOMBOLO PAO KABUPATEN GOWA: MATTEKO'S RIGHTS TO THE MANAGEMENT OF TRADITIONAL FORESTS IN TOMBOLO PAO DISTRICT, GOWA DISTRICT Ridwan, Muhammad; Madiong, Baso; Tira, Andi
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.764 KB) | DOI: 10.56326/clavia.v19i1.632

Abstract

This research was conducted in Erelembang Village, Buttono Pao District, Gowa Regency and the office of the Alliance for Indigenous Peoples of the Archipelago (AMAN) in South Sulawesi, with the aim of knowing the fulfillment of the requirements for the recognition application for Matteko customary forest in the Kecamatan Buttono Pao and what factors are the obstacles in the application for recognition. Matteko's indigenous peoples' rights to Matteko's customary forest in Tapio Pao District. This research is a normative legal research with a focus on empirical juridical studies. The results of this study indicate that the requirements for the application for recognition of customary forests of the matteko customary law community have been fulfilled and the factors that hinder the recognition of customary law communities are that there are no technical procedures and mechanisms for recognition and respect for indigenous peoples as well as other factors that result in the role of local governments being less optimal in providing protection and recognition of indigenous peoples, the Government has been slow to identify the Matteko indigenous peoples, so that the Matteko indigenous peoples never know their rights and there is no socialization of their customary territories.
PENGELOLAAN KELOMPOK DALAM PEMBINAAN USAHA TANI MASYARAKAT DI DESA CIKOWANG KECAMATAN MANGARABOMBANG KABUPATEN TAKALAR: GROUP MANAGEMENT IN COMMUNITY FARMING BUSINESS DEVELOPMENT IN CIKOWANG VILLAGE, MANGARABOMBANG DISTRICT, TAKALAR REGENCY Beddu, Hartina
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (314.382 KB)

Abstract

That the management of the group through the development of agriculturalhuman resources is very important, because with coaching someone will know about good and bad, right and wrong attitudes so that the end becomes a habit that can be meaningful in life and community life. This study aims to analyze the management of groups in fostering farming, group fostering in growing farms and fostering groups in developing business fostering groups in the development of farming. This research was conducted in Cikowang Village, Mangarabombang District, Takalar Regency with a qualitative descriptive study describing events in detail in the form of narration using proportional samples based on the area of mastery of rice fields. The research sample consisted of 234 respondents consisting of 105 respondents who controlled narrow rice fields, medium respondents 82 respondents and 47 respondents who had extensive observation, through questionnaires, free questionnaires and interviews with data analyzed using cross tabulation. The results showed that: 1) group management in fostering farming businesses, the management is very effective because it reaches 98.21 percent, 2) group guidance in growing farming businesses, is very effective at 98.29 percent and 3) group guidance in developing farming businesses, the coaching was very effective, reaching 97.61 percent. Suggestions: 1) group management in fostering farming is enhanced by the togetherness of members. 2) further enhancing the development of farming through cooperation so as to obtain satisfactory results. 3) guidance in developing agricultural businesses, especially partnerships and marketing of business products.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENCURIAN DI MASA PANDEMI COVID-19 DI KECAMATAN PANAKKUKANG KOTA MAKASSAR: JURIDICAL REVIEW OF THE CRIMINAL ACTION OF THEY IN THE COVID-19 PANDEMIC TIME IN PANAKKUKANG DISTRICT, MAKASSAR CITY Hidayat, Dita Hardianti; Yamin, Muhammad Halwan; Fadly
Clavia Vol. 18 No. 1 (2020): Clavia : Journal of Law, April 2020
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (311.915 KB)

Abstract

This study aims to determine the responsibility of the perpetrators of theft during the Covid-19 pandemic and to determine whether theft during the pandemic is an element of weighting against the perpetrators of criminal acts. The research method used is an empirical research method, namely by using literature study techniques, documents, and interviews with respondents. The research results show that (1) Based on the legal facts regarding the series of actions of each suspect, the suspects can be held accountable for their actions as the article alleged against the suspects, namely article 362 paragraph (2) of the Criminal Code because the series of actions of the suspects fulfilled all elements in article 362 paragraph (2) of the Criminal Code. (2) In cases of theft during the Covid-19 pandemic that occurred at Agustina Tanda's residence on Jalan H. Kalla II No. 8 Makassar City, in the legal area of the Panakukang Police, did not find any weighting of criminal responsibility to the suspects due to the theft situation during the Covid-19 Pandemic but because in the series of actions of the suspects there were burdensome elements so that the series of actions of the suspects no longer only fulfilled the elements of the article of theft Ordinary, namely 362 KUHPidana with a maximum penalty of 5 (five) years but also fulfills the elements of the article of theft with a weighting as regulated in Article 363 paragraph (2) of the Criminal Code with a maximum penalty of 9 (nine) years.
EFEKTIVITAS PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TINDAK PIDANA PENGRUSAKAN FASILITAS UMUM DALAM AKSI UNJUK RASA (STUDI KASUS DI KOTA MAKASSAR): EFFECTIVENESS OF CRIMINAL LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMINAL DESTRUCTION OF PUBLIC FACILITIES IN RALLIES (CASE STUDY IN MAKASSAR CITY) Luthfiyah S, Rifqah; Hamid, Abd. Haris; Rusli, Muhammad
Clavia Vol. 19 No. 1 (2021): Clavia : Journal of Law, April 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.485 KB) | DOI: 10.56326/clavia.v19i1.656

Abstract

This study aims to find out the extent of the effectiveness of law enforcement against perpetrators of destruction of public facilities in rallies and to find out the factors that influence the destruction of public facilities in rallies. This research is a type of normatife-empirical research, this type of research is a combination of normative approach with the addition of various empirical elements. This research was conducted in the city of Makassar, especially in the Makassar Resort Police (Polrestabes), makassar State Prosecutor's Office,41and Bosowa University. All data obtained from interviews, data documentation mauun poll data and analysts used, namely qualitative deskriftif analysis. The results of this study show that the extent of effectiveness of law enforcement against perpetrators of destruction of public facilities in rallies is the author considers that the effectiveness of law enforcement against perpetrators of destruction of public facilities carried out by the authorities has been effective, because cases of destruction of public facilities in rallies decreased from 2018 to 2019. In particular, the security forces who have handled every rally that led to riots that led to the destruction of public facilities. One thing to know, that efforts to handle law enforcement by the police must be far from arbitrary actions against perpetrators of destruction of public facilities, and still pay attention to the rights owned by the perpetrators. As for the factors that influence the destruction of public facilities in rallies are rallies because by damaging public facilities, the new government wants to meet the participants of the rallies, feel that their voice as a people is not well received and the absence of a response from the government so that some parties vent their anger to damage public facilities, the provocation of irresponsible parties , dissatisfaction with the government's decision, and the heartache of the participants of the rallies when their aspirations were not listened to.
TINJAUAN HUKUM PELAKSANAAN HAK PERTUNJUKAN (PERFORMING RIGHT) PERUSAHAAN KARAOKE DALAM PEMBAYARAN ROYALTI LAGU MELALUI KUASA LEMBAGA MANAGEMENT KOLEKTIF: LEGAL REVIEW OF THE IMPLEMENTATION OF KARAOKE COMPANY'S PERFORMANCE RIGHTS IN PAYING SONG ROYALTY THROUGH THE POWER OF COLLECTIVE MANAGEMENT INSTITUTION Moh. Fathur Rizki; Makkawaru, Zulkifli; Madiong, Baso
Clavia Vol. 19 No. 2 (2021): Clavia : Journal of Law , Agustus 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.323 KB) | DOI: 10.56326/clavia.v19i2.1113

Abstract

This study aims to determine the implementation of performance rights in terms of payment of copyright royalties to creators and copyright holders at karaoke companies in the city of Makassar, to know about the implementation of Copyright royalty management by the Collective Management Institute in Makassar City, and to find out the implementation of the sanctions imposed on karaoke companies that violate the obligation to pay royalties to creators.The research method used is juridical empirical. This research was conducted at the Karya Cipta Indonesia Office in the Makassar area, the Office of the Ministry of Law and Human Rights in South Sulawesi, the Inul Vizta karaoke company and local artists or songwriters as the copyright holders. The implementation of performance rights in the payment of royalties to creators and copyright holders in Makassar City has been well implemented even though the collection mechanism is carried out by LMKN, but at the time the payment is submitted to LMK in the regions. Although it is still found that there are small-scale user businesses that have not fully entered into cooperation contracts with LMK which are still foreign to him. The implementation of performance rights is supported by the existence of the latest regulations in the Copyright Law and awareness of supporting institutions such as the Regional Office of Law and Human Rights in general socialization. The management of royalties at LMK in Makassar City is only in the form of distribution of payments, while at the stage of collection to entrepreneurs who use songs and music, it is handled directly by LKMN. The imposition of sanctions in violation of royalty payments for businesses using songs and music cannot be said to have been fully implemented because the data on violations of performance rights has not been seen in synchronization of data between the regional LMK and the LMKN between the collection and distribution of royalties.
ANALISIS YURIDIS TERHADAP KESEPAKATAN DALAM TRANSAKSI ELEKTRONIK: JURIDIC ANALYSIS OF DEALS IN ELECTRONIC TRANSACTIONS Ade Putra F Sumbara; Tira, Andi; Almusawir
Clavia Vol. 19 No. 2 (2021): Clavia : Journal of Law , Agustus 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (253.854 KB) | DOI: 10.56326/clavia.v19i2.1114

Abstract

This study aims to determine the occurrence of agreements in electronic transactions, and forms of dispute resolution in electronic transactions. Thisaresearch was conducted in Makassar Cityausing normative legal research methods, namely research that uses data collection as the main data source and/or data collection through interviews as the main resource person. The results show that there is an agreement in an electronic transaction if there is an offer, acceptance, payment, and delivery, this has been regulated in Government Regulation number 80 of 2019 concerning trading through electronic systems, there are two forms of dispute resolution in electronic transactions, namely legal remedies Preventive measures can be interpreted as all efforts made to prevent the occurrence of an unwanted event or situation. In e-commerce transactions, this unwanted situation is the occurrence of losses, especially losses on the part of consumers and secondly, repressive legal remedies are legal remedies taken to resolve a legal problem that has already occurred. This legal remedy is used if there has been a dispute between business actors and consumers.
ANALISIS HUKUM TERHADAP TINDAK PIDANA MEMBUKA LAHAN DENGAN CARA MEMBAKAR: LEGAL ANALYSIS OF THE CRIME OF CLEARING LAND BY BURN Taufiq, Ahmad; Oner, Basri; Yamin, Muhammad Halwan
Clavia Vol. 19 No. 2 (2021): Clavia : Journal of Law , Agustus 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (195.438 KB) | DOI: 10.56326/clavia.v19i2.1115

Abstract

The research aims to know: 1) the application of criminal penalties on clearing the land by incinerating as the first alternative indictment in criminal No.27/Pid.b/Lh/2020/Pn.Enr; 2) a judge's legal consideration in rendering a criminal verdict against clearing by searing in a verdict of No.27/Pid.b/Lh/2020/Pn.Enr. The method of research used is qualitative descriptive research by conducting interviews with those involved in the case. Research shows: 1) application of criminal penalties on clearing the land by searing at a verdict of No.27/Pid.b/Lh/2020/Pn.Enr. Has not created a sense of justice for the actions of the accused, who opens the land by searing into the forest preserve, due to a consideration of only aspects of the plantation 2) judge's legal judgment on clearing the land by searing at the verdict No.27/Pid.b/Lh/2020/Pn.Enr, in consideration of this it appears that the judge has not considered a few other factors so as not to reflect a sense of justice for the accused's actions

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