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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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ANALISIS PUTUSAN PERKARA PIDANA NO / 52 / PID.SUS – TPK / 2019 / PN. MKS TENTANG TINDAK PIDANA KORUPSI: DECISION ANALYSIS OF CRIMINAL CASE NO / 52 / PID.SUS – TPK / 2019 / PN. MKS CONCERNING CRIMINAL ACTS OF CORRUPTION Yustika, Mayang; Mas, Marwan; Zubaidah, Siti
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1281

Abstract

Thisaresearch aims to find out how the application of elements of corruption crimes and to know the basis of consideration of judges in deciding the case No:52/Pid.Sus-TPK/2019/PN.Mks. Thisaresearch was conducteda in makassar districtacourt using Normative research method using data collection techniques through interviews, literature studies, and documents. After analyzing the data obtained from the results of the study, the authors used qualitative approach data analysis techniques, which is a research procedure that produces descriptive data. Based on the results of the study the author can conclude that the application of criminal law elements in the corruption of the Village Fund in the verdict No: 52/Pid.Sus-TPK/2019/Pn.Mks has been in accordance with the subsidair indictment chosenaby the Panel of Judges stating thatathe accused was found guilty ofacorruption crimes stipulated in article 3 of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning the Eradication of Corruption. As well as in handing down the verdict against the corruption of village funds in the verdict No. 52/Pid.Sus-TPK/2019/Pn.Mks, the panel of judges used juridical and sociological considerations. However, according to the author should judge using philosophical considerations.
ANALISIS YURIDIS IMPLEMENTASI MUDHARABAH PADA BANK SYARIAH DI KOTA MAKASSAR : JURIDICAL ANALYSIS OF MUDHARABAH IMPLEMENTATION IN SHARIA BANK IN MAKASSAR CITY Elnizar, Muh. Reza; A. Hasan, Yulia; Santing, Waspada
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1282

Abstract

This study aims to find out the implementation of Akad Mudharabah and to find out what factor’s influence Mudharabah in Sharia Banks in Makassar City. This research was conducted in BPRS Dana Moneter, BNI Syariah and BTN Syariah using empirical law research type, the approach is carried out by studying the actual law through interviews and fact-based documentation. The results showed that the implementation of the Mudharabah agreement at Sharia Banks in Makassar City showed that the implementation of the Mudharabah agreement in the Monetary Fund BPRS, BNI Syariah and BTN Syariah is still completely un implemented due to the many opinions of the Customer such as the absence of an agreement at the beginning by both parties, the determination of the Ratio determined by the Bank itself and other matters. As well as the factors that influence the implementation of Mudharabah, namely NPF (bank health), FDR (Financing ratio), inflation (price increase) and BOPO (Oprasional Burden on Oprasional Income) all of these factors are in keeping with the bank's performance in implementing the Mudharabah agreement. therefore, each agency is expected to increase product recognition activities and maintain its bank operations.
Perlindungan Hukum Terhadap Hak Pemenang Lelang Atas Tanah : Legal Protection of Auction Winner's Rights Above Ground Rudy, Irnawaty; Makkawaru, Zulkifli; Tira, Andi
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1283

Abstract

Auction is the sale of goods that are open to the public with a written and/or verbal price offer that is increasing or decreasing to reach the highest price, which is preceded by the announcement of the auction. This study aims to determine the legal protection measures against the winner of the land auction. The research method used is empirical legal research by collecting systematic data, recording, interpreting, and critically analyzing facts or data as well as making reports and information on symptoms studied from various aspects to find conclusions. All data that has been obtained are then analyzed and described in a qualitative descriptive manner. The results showed that the auction rules were not implemented in practice. Makassar District Court Decision No. 278/Pdt.G/2018/Pn.Mks cancel the SHM owned by the Auction Winner because the SHM is manipulative. The lack of in-depth data analysis and the application of the rules of the auction procedure on Mortgage are the factors that cause the winner of the auction to lose his rights. One of the actions that can guarantee legal protection for the winner of the auction is through the courts. Where in this case, the auction winner can make the decision of the case his basis for demanding accountability for the parties involved in the auction process for the land object. Such as KPNL and BPN carry out administrative responsibility and the seller (Bank) compensates for all costs that the winner of the auction redeems in the auction process. Keywords: Auction, Dispute, Accountability
PENYIDIKAN TINDAK PIDANA SKIMMING DALAM TRANSAKSI ELEKTRONIK OLEH KEPOLISIAN DAERAH SULAWESI SELATAN: INVESTIGATION OF THE CRIME OF SKIMMING IN ELECTRONIC TRANSACTIONS BY SOUTH SULAWESI REGIONAL POLICE Rahma Indah, Nur; Haris Hamid, Abd.; Zubaidah, Siti
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1285

Abstract

This study aims to determine 1) the process of investigating the Crime of Skimming at the South Sulawesi Police. 2) the obstacles faced by the South Sulawesi Regional Police in dealing with the Crime of Skimming. This research was conducted at the Indonesian National Police for the South Sulawesi Region, BNI KLN Ratulangi Makassar and the Financial Services Authority Regional Office 6 Makassar. The research method used is an empirical juridical approach. The results of the study indicate that 1) Skimming is included in the crime of information and electronic transactions which prohibits anyone intentionally and without rights or against the law accessing computers and or electronic systems in any way with the aim of obtaining electronic information and or electronic documents as regulated in Article 30 paragraph (2) of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions or hereinafter referred to as the ITE Law. This skimming crime mode can occur by placing the skimmer (scan tool) at the mouth of the ATM card entry and using a small camera to record the victim's ATM PIN. This skimmer is used to retrieve the data on the ATM card and then it will be copied to a fake ATM card or a blank card. 2) Obstacles faced by investigators in carrying out investigations against the crime of skimming the first are Internal factors, including Human Resources, facilities and infrastructure, the second is External Factors, including the lack of public understanding about the dangers of skimming crime, Factors perpetrators and banks are less intensive in maintaining every ATM.
PENGARUH INOVASI PRODUK, ORIENTASI KEWIRAUSAHAAN DAN KEMAMPUAN MENGINDERA PASAR TERHADAP OMZET PENJUALAN ONLINE PADA USAHA MIKRO KECIL MENENGAH (UMKM) DI KABUPATEN POLEWALI MANDAR Ratu Chakti, Andi Gunawan; Saleh, Nursahdi
Clavia Vol. 19 No. 3 (2021): Clavia : Journal of Law, Desember 2021
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v19i3.1417

Abstract

This study aims to determine the effect of Product Innovation, Entrepreneurship Orientation and Market Sensing Ability individually (partial) and together (simultaneously) on online sales turnover in Micro, Small and Medium Enterprises (MSMEs) in Polewali Mandar Regency. This research approach uses a survey. The research was conducted on employees of Micro, Small and Medium Enterprises (MSMEs) in Polewali Mandar Regency. The time of the research was carried out from September to December 2021. The population used in this study was small industrial entrepreneurs within Polman Regency, which operated 55 people. The sample was determined by the simple random sampling technique. Data analysis used multiple regression analysis (multiple regression analysis). The results show that Product Innovation, Entrepreneurship Orientation, and Market Sensing Ability individually (partial) and simultaneously (simultaneously) have a positive and significant impact on online sales turnover in Micro, Small and Medium Enterprises (MSMEs) in Polewali Mandar Regency. MSME owners who are the object of research are Micro, Small and Medium Business Owners who do marketing and sales through internet media, either using Marketplace, Social Media or Whatsapp. Every MSME experienced an increase in sales turnover through online, so it can be said that the owner has good business performance in carrying out business activities.
TINJAUAN YURIDIS TINDAK PIDANA MENIKAH TANPA IZIN DARI ISTRI YANG SAH DI KOTA MAKASSAR: JURISDICTION OF THE CRIMINAL ACTION OF MARRIING WITHOUT PERMISSION FROM THE LEGAL WIFE IN MAKASSAR CITY Jannah Hamzah, Andi Mursyidatul; Taba, Hamzah; Zubaidah, Siti
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56326/clavia.v20i1.1418

Abstract

This research aims to find out: 1) The elements of Article 279 of the Criminal Code can be proven in court decisions number 190/Pid. B/2017/ PN. Mks 2) the application of sanctions in Article 279 of the Criminal Code in cases of marriage without the wife's permission in Makassar City. This research method is a type of qualitative research. The types of data used are primary data and secondary data, data from primary legal materials in the form of court decisions and laws and secondary legal materials referring to books, journals and other readings obtained from interviews with the Panel of Judges, Public Prosecutors, Police Investigators , Head of KUA, and Imam of Kelurahan to complete the required information. The results of this research indicate that: 1) Specifically the defendant in the court decision number 190/Pid. B/2017/ PN. Mks is considered to have fulfilled the elements of Article 279 Paragraph (2) of the Criminal Code after the Public Prosecutor was able to prove it with evidence in the form of witness statements, letters and statements from the defendant which were mutually compatible. 2) The application of sanctions in Article 279 of the Criminal Code in cases of marriage without the wife's permission in this study the criminal penalty applied is imprisonment. Based on the theory of sentencing theory, the judge's verdict on the criminal act of marrying without the wife's permission is more likely to be in accordance with the relative theory or purpose (Doel Theorien). In addition, differences in the application of criminal sanctions (disparity) were also found. This happened apart from the judge's consideration factor, the disparity was also inseparable from the Public Prosecutor's demand factor.
TINJAUAN HUKUM TERHADAP PEMBEBASAN BERSYARAT NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS II A BULUKUMBA: LEGAL REVIEW ON THE TERMINAL RELIEF OF INCIDENTS IN CLASS II A PENALTY INSTITUTIONS BULUKUMBA Hasan, Asriani; Madiong, Baso; Oner, Basri
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine 1) The implementation of parole for psioners in correctional institution class II A Bulukumba, 2) Factoes that prevent psioners from getting parole outside the penitentiary. The research uses the type of empirical normative research, the type of data used is primary and secondary data, data from primary materials, namery data obtained directly through information using interview techniques with the correctional institutions clas II A bulukumba, anddata from secondary materials refer to laws, book, journals and data from correctional institutions class II A Bulukumba relating to the problems studies as awll as sources and information obtained from the result of questionnaires with prisoners in correctional institutions clas IIA Bulukumba. The results of thisstudy indicate that 1) Implementationof parole in correction institutional class II A Bulukumba the 2021 period its been optimized its running well although in itsimplementation there are still obstacles,2)The inhibiting factors are external and internal factors, including the guarantor from thefamily of the inmate whose where abouts are unknown and the existence of psioners who violate disxipline in the correctional institution whih causes the inmate to fail to get parole.
PERLINDUNGAN HAK TERSANGKA DALAM PROSES PENYIDIKAN DITINJAU DARI ASPEK PSIKOLOGI HUKUM: PROTECTION OF THE RIGHTS OF SUSPECTS IN THE PROCESS OF INVESTIGATION FROM LEGAL PSYCHOLOGICAL ASPECTS Zakariah, Fadil Rahmat; Mas, Marwan; Oner, Basri
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to determine the protection of the suspect's rights in the investigation process in terms of the psychological aspects of the applicable law, so that this problem can be answered clearly both in theory and practice orbdirect observationeinnthenfield. Thiseresearchtwaseconductedeat the Resort Police Office (POLRES) Maros, thefresearch .methodwusediisqa normative researchtmethodothat uses data collectionctechniques, interviews and literature9studies to analyze data using descriptive analysis methods. The resultskof.the study sindicate that in the psychological.aspectkof the investigation, both the investigator and the suspect in providing clear and free information are implemented in Article 50 of the Criminal Procedure Code concerning the Protection of the Rights of Suspects during the Investigation Process. In connection with the objectives of the KUHAP above, in an effort to find material truth in the investigation process by investigators, a suspect or defendant has rights that must be protected by law, namely, the right to receive an immediate examination, the right to make a defense, the right to give information freely and without pressure, the right to legal aid, the right to choose one's own legal counsel, the right to present witnesses, the right not to be burdened with the obligation of proof, the right to visit family and relatives during detention, the right to be tried in a trialsopen too the public, the right to receive compensation and rehabilitation. In relation to the criminal psychology aspect of the suspect, it was during the detention period and the interrogation process felt by the suspect who was interviewed. The suspect personally felt anxious about other suspects and clearly had a psychological impact on him while in detention due to being the only female detainee available.
ANALISIS YURIDIS TERHADAP TINDAK PIDANA KEPEMILIKAN SENJATA TAJAM TANPA HAK OLEH ANAK: JURIDICAL ANALYSIS OF CRIMINAL ACTS OF OWNERSHIP OF SHARP WEAPONS WITHOUT RIGHTS BY CHILD Hardiyanti, Hardiyanti
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This research aims to determine the application of Article 2 paragraph (1) of the Emergency Law No. 12 Year 1951 against the criminal act of possession without the right of a sharp weapon by the child and to find out the criminal sanctions imposed in the criminal case decision No. 6/Pid.Sus-Anak/2020/PN.Mks. is in accordance with the aspects of child criminalization. The results showed that “the Application of Article 2 paragraph (1) Emergency Law No. 12 Year 1951 on the Crime of Control without the Right to Sharp Weapons by Children is appropriate, because Akbar Bin Rudi (a child who is in conflict with the law) has fulfilled all of these elements, namely (1) the element of Whoever; element (2) without the right to enter into Indonesia, makes, receives, tries to obtain it, delivers or tries to surrender, control, carry, have inventory in it or have in his possession, keep, transport, hide, use or leave Indonesia; and (3) elements of a weapon, a stabbing weapon, or a stabbing weapon (slag steek of stootwapen). Seeing that all these elements are fulfilled, there is no attempt for Akbar Bin Rudi to escape from the criminal responsibility he was accused of. Likewise, from the side of the public prosecutor, it is not possible to carry out SKP2 (the Decree on the Termination of Prosecution). However, the public prosecutor should be obliged to seek diversion by considering the age of Akbar Bin Rudi's child. Criminal Sanctions Imposed in the Decision on Criminal Case No. 6/Pid.Sus-Anak/2020/ PN.Mks. is imprisonment for 5 (five) months in LPKA Maros for Akbar Bin Rudi (a child who is in conflict with the law), although the sentence is quite light when compared to the penalty stipulated in the relevant legislation, but in a criminal case carrying a sharp weapon without permission done by Akbar Bin Rudi, here the author does not agree with what was decided by Rusdiyanto Loleh, SH, MH (Child Judge) at the Makassar District Court in Decision Number: 6/ Pid.Sus-Anak/2020/PN.Mks. The judge should have been obliged to seek diversion first. This refers to Article 81 paragraph (2) of Law of the Republic of Indonesia Number 11 Year 2012 concerning the Criminal Justice System for Children and Regulation of the Supreme Court of the Republic of Indonesia Number 4 Year 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System”.
ANALISIS PERBUATAN MELAWAN HUKUM PEMBANTU PERUSAHAAN DI KOTA MAKASSAR: ANALYSIS OF AGAINST LEGAL ACTIONS OF COMPANY HELP IN MAKASSAR CITY S. Mansyur, Imam; Almusawir; Tira, Andi
Clavia Vol. 20 No. 1 (2022): Clavia : Journal of Law, April 2022
Publisher : Faculty Of Law Bosowa University

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Abstract

This study aims to: (1) determine the elements of unlawful acts on the sale of company goods to third parties in Makassar. (2) knowing the legal remedies taken by the company against the helper selling the company's goods without permission to a third party. The type of research used is normative-empirical, normative research is used to answer the first problem, and empirical research is used to answer the second problem. The results of this study indicate that: (1) the sale of company goods by assistants to third parties without the company's permission is an act against the law as regulated in Article 1365 of the Civil Code. (2) Legal efforts made by the company against the company's assistants filed a lawsuit to the Makassar District Court.

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