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Muhammad Zulkifli Muhdar
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Fakultas Hukum Gedung Fakultas Hukum, Universitas Muslim Indonesia Jl. Urip Sumohardjo KM. 5, Kecamatan Panakkukang Kota Makassar, Sulawesi Selatan, Indonesia, 90231
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Qawanin Jurnal Ilmu Hukum
Published by Universitas Muslim Indonesia
ISSN : -     EISSN : 27765741     DOI : https://doi.org/10.56087/qawaninjih
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Qawanin Jurnal Ilmu Hukum merupakan publikasi ilmiah yang terbit setiap bulan Maret dan September. Qawanin Jurnal Ilmu Hukum mendata artikel ilmiah skripsi/thesis Mahasiswa Fakultas Hukum Universitas Muslim Indonesia dengan fokus pada ilmu hukum, dan khususnya dibidang Hukum Perdata, Hukum Pidana, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Acara, Hukum Dasar, Hukum dan Masyarakat, Hukum Internasional, dan Hukum Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 214 Documents
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ANALISIS YURIDIS KEWENANGAN PENYIDIK PEJABAT PEGAWAI NEGERI SIPIL BEA CUKAI DAN PENYIDIK POLRI DALAM TINDAK PIDANA PENYELUNDUPAN NARKOTIKA Adelia Apriyanti; Ilham Abbas; Baharuddin Badaru
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

The research aims to: 1) Know the role of civilian state officials as investigators in the crime of narcotics smuggling in the border areas of the Republic of Indonesia and Papua New Guinea, and 2) Know the obstacles for investigators of civilian officials in the implementation of countermeasures for narcotics smuggling in the border areas of the Republic of Indonesia. and Papua New Guinew. This research qualifies into the type of sociological or empirical legal research, namely legal research using secondary data as initial data, which is then followed by primary data in the form of data obtained from interviews in this case Civil Servant Investigators from the Customs and Excise Office and the City Police. Jayapura Papua, then a qualitative analysis was carried out. The results of this study indicate: The role of the Customs and Excise Civil Servant Investigators in handling the criminal act of smuggling narcotics in the type of marijuana in the border area of ​​the Republic of Indonesia with Papua New Guinew, has been carried out well, as evidenced by the number of cases of drug smuggling that have been arrested. Factors that hinder investigators of Customs and Excise Civil Servants in dealing with the criminal act of smuggling of Cannabis Narcotics in the Border Area of ​​the Republic of Indonesia and Papua New Guinea are due to the large area and lack of Civil Servant Investigators, there is no understanding with law enforcement agencies. other, as well as the lack of adequate facilities and infrastructure. Recommendations for this research: In the future it is necessary to carry out cross-agency and cross-country cooperation in the form of information exchange, technical assistance, namely: technology-tools, experts, training and joint operation activities, and it is hoped that the Directorate General of Customs and Excise will further tighten supervision, improve intensity of patrols, implementing Customs and Excise administration provisions consistently because drug smuggling cases are very detrimental.
PROSES REKONSTRUKSI DALAM PELAKSANAAN PENYIDIKAN GUNA MENGUNGKAP KASUS TINDAK PIDANA PEMBUNUHAN BERENCANA DI KOTA MAKASSAR Muhammad Elis Winandar; Hambali Thalib; Muhammad Rinaldy Bima
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

This study aims to determine the implementation of investigations to uncover cases the crime of premeditated murder in the city of Makassar and knowing the reconstruction process of premeditated murder in the city of Makassar. The research method used in the writing of this thesis is an empirical method, with secondary and primary data coverage, this research was conducted at the Makassar Polrestabes. The results of this study indicate that the implementation of the investigation and the reconstruction process is very helpful in uncovering the crime case premeditated murder in the city of Makassar. The obstacle experienced by Makassar police investigators is the process of reconstructing a case of premeditated murder which resulted in the death of UMI (Muslim Indonesia University) student, namely Andi Predy Akrimas alias Andi lolo, the reconstruction process was not carried out at the crime scene (TKP) due to security factors, many community so that the reconstruction process was not carried out at the scene of the case. Research recommendations. All forms of constraints experienced by investigators, the authors expect the public to know the importance of carrying out the investigation and reconstruction process so that the community does not take actions that interfere with the investigation and reconstruction process.
TINJAUAN YURIDIS TENTANG PELAYANAN ADMINISTRASI DALAM MEWUJUDKAN TERTIB PERTAHANAN DI KANTOR PERTAHANAN KABUPATEN MAROS Fadillah Hawalia Hamzah; Ilham Abbas; Anggreany Arief
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

This study aims to determine and analyse forms administrative services and realizing an orderly administrative law and affairs in the Marcs District Land Office and its factors become an obstacle in realizing an orderly land law in the office Maros Regency Land. This research was conducted by taking data from the office land of Maros Regency. Conducting interviews with employees land office and also residents of communities related to Land administration service or research is expected to be provide input fot the parties who are responsible for it Land Administration services. This research can be concluded that the implementation of service land administration in the Office in order to create order the law of Maros Fistrict shows that there is a problem with processing time that is not in accordance eith existing regulations, namely there is a delay in completing the Certificate. And the factors that are become an obstacle in realizing an orderly lan law in the office Maros Regence’s land is domething people want to submitted a request for issuance of the file rights certificate has not complete and the right applicant could not be contacted or the applicant and suggested to the Maros Regency Government, government officials at The Maros Regency Land Office was given the oppoetunity to Participate education and training, both technical and non-technical with hope, the creation of a skilled and friendly workforce.
EFEKTIVITAS PEMBEBASAN NARAPIDANA SAAT PANDEMI CORONA VIRUS DISEASE 2019 (Studi Kasus di Lapas Kelas I Kota Makassar) Putri Nuzulih; Nasrullah Arsyad; Satrih Hasyim
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

This research aims to determine how the effectiveness of assimilation and integration rights policies during the pandemic. Corona Virus and what factors hinder the assimilation and Integration Rights policy. So it can be concluded that the release of prisoners during the pandemic through assimilation and integration rights programs has not been effective, because there are still many prisoners who have received this policy but have returned to committing criminal acts, causing unrest in the community. In this study using the method of empirical law research type. This study also uses primary data and secondary data obtained through literature study (documents) and field studies as data collection techniques, then analyzed using qualitative analysis methods. The recommendation of this research is that the government must be able to make further actions or steps for safety and comfort for the community and prisoners so that there will be no problems and repetition of crimes during this pandemic and correctional institutions must provide motivation or encouragement to prisoners who have the ability / skills and skills. to assimilate so that what prisoners have can be useful for the prison, community, and individuals. Then the community should be more active and participate in supporting the assimilation program by accepting the presence of prisoners so that a sense of trust arises to provide opportunities to carry out assimilation and the right to integrate in the midst of society.
ANALISIS PERAN JAKSA SEBAGAI PENGACARA NEGARA DALAM PERKARA PERDATA TERKAIT UPAYA PEMULIHAN DANnPENYELAMATAN KEKAYAAN NEGARA (Studi Kasus Terkait Pulau Khayangan) Dian Islamiati; Ilham Abbas; Agussalim A. Gadjong
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

The results of this study indicate that the RI Attorney General's Office is a government apparatus in the field of law enforcement who does not only carry out criminal duties, but is also charged with other duties in the civil sector and TUN as State Attorney Attorney as stated in Law Number 16 of 2004 concerning RI Attorney Article 30 paragraph 2. The Attorney General's Office as State Attorney Attorney can act inside or outside the court for and or the name of the government to provide legal assistance, law enforcement, legal considerations and other legal actions. However, this role has not been widely used by local governments. This research discusses how the role of the prosecutor as state lawyer in the efforts to restore and save the country's wealth and what efforts the prosecutor as the state attorney has made in restoring and saving state assets related to the island of heaven. The method used in this paper is normative legal research using statutory approaches, conceptual approaches and historical approaches. The legal materials used are primary legal materials and secondary legal materials, then the data processing techniques use qualitative processing techniques. The results showed that the role of the prosecutor as state lawyer in the efforts to restore and save state assets related to the island of Khayangan shows very satisfying results. However, the role of prosecutors as state lawyers to represent local government agencies is still minimal and not all of the functions of state attorneys are used by stakeholders. As for the efforts made by the State Attorney in the recovery and rescue related to the island of Khayangan, namely by using a persuasive approach, where the state attorney as the mediator in the mediation process uses a persuasive approach. Then the state attorney's attorney suggested to resolve the dispute over the management of this island in non litigation.
ANALISIS SENGKETA KEPEMILIKAN HAK ATAS TANAH WARISAN (Studi Kasus Pengadilan Agama Kelas 1A Makassar) Delia Rainy; Ilham Abbas; Ahmad Fadil
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study aims to determine the causes of inherited land disputes regarding the Decision of the Religious Court Number 1544/Pdt.G/2020/PA.Mks and knowing legal considerations in rendering decisions by the Makassar Religious Court Judge This study uses empirical research methods. The research location was carried out in the city of Makassar, especially in the Class 1A Makassar Religious Court. Data collection techniques, library research and field research Data analysis, namely data that has been obtained, both primary and secondary data, will then be processed and analyzed to produce conclusions. The results of research on the Decision of the Makassar Religious Court Number 1544/Pdt.G/2020/PA.Mks that is, there is control over the entire inheritance of the former husband of the heir without giving it to other heirs who are also entitled to obtain the inheritance. Judges considerations in giving a decision based on the law and verses of the Qur'an relating to inheritance cases. The research recommendation is that the Class 1A Makassar Religious Court in handling inheritance cases carries out procedures in accordance with applicable regulations.
Pertanggungjawaban Pidana Terhadap Tindak Pidana Korupsi Dana Hibah (Studi Kasus Putusan No. 81/Pid.sus-TPK/2019/PN.MKS) Ulfa Dian Ushari; Kamri Ahmad; Azwad Rachmat Hambali
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

Corruption is the root of all national problems and is the main cause of poverty. Corruption can bring down a regime and even torment a nation. In various parts of the world, corruption always gets more attention compared to other criminal acts. Corruption is a serious problem, this crime can endanger the stability and security of society. Corruption in Indonesia continues to show an increase from year to year. Corruption cases are difficult to disclose because the perpetrators use sophisticated equipment and are usually carried out by more than one person in covert and organized circumstances. In government agencies have an obligation to create good governance in financial management that is accountable, open and responsible, so as an effort to create transparency and accountability is the arrangement of accountability for the use of an accurate and acceptable budget, but sometimes someone has this responsibility. instead abusing his power. One of the things that happened in Makassar City was corruption related to the Grant Funds carried out by the secretary of the General Election Commission (KPU) during the election of the Mayor and Deputy Mayor in 2018.
Analisis Kriminologis Terhadap Pelaku Tindak Pidana Perdagangan Orang (Studi Di Polrestabes Makassar) Andi Olsa Makita Sakti; Nur Fadhilah Mappaselleng; Ahmad Fadil
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study aims to determine the factors that cause a person to commit the crime of trafficking in persons, to determine the efforts made by law enforcement officials in this case, especially the Makassar Police to tackle the crime of trafficking in persons. This type of research is a descriptive empirical legal research. Using a qualitative legal research approach. The location of the legal research was carried out at the Polrestabes Makassar. Types and sources of legal research data include primary data and secondary data. Data collection techniques by interview and literature study. Based on the results of the research and discussion, it was concluded that the factors in the occurrence of the crime of trafficking in persons consisted of economic factors, socio-cultural environmental factors, individual factors, lack of public knowledge about the consequences of crime, and the lack of firmness in law enforcement officers in following up on criminal cases of trafficking in persons. Regarding efforts to tackle the criminal act of trafficking in persons, it consists of preventive and repressive measures. Namely by disseminating information to the public regarding the consequences of the crime of trafficking in persons and implementing Law Number 21 of 2007 concerning the eradication of the criminal act of trafficking in persons properly so as to provide a deterrent effect on the perpetrator and no longer repeat his actions.
PEMBENTUKAN PERATURAN DAERAH MELALUI PENDEKATAN NILAI SIRI NA PACCE SEBAGAI UPAYA PENCEGAHAN SIKAP KORUPSI Ahmad Alyadi Rahman; La Ode Husen; Syarifuddin
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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Abstract

This study aims to analyze and find out two things, namely how should the regulation of anti-corruption education through planting the cultural values ​​of Siri 'Na Pacce in Kab. Bone and to provide consideration and input for the district government. Bone in formulating policies related to anti-corruption education through the inculcation of the cultural values ​​of Siri 'Na Pacce. This research uses empirical normative research method. The results of this study indicate that the higher the cultivation of the siri na pacce cultural value of a person, the smaller the corrupt behavior that grows in him and corrupt practices or known in Bugis language Manre Pasoso can be avoided. This is because the existing officials and law enforcers can suppress corrupt behavior by trying to prioritize the value of siri in the traditional government processes of the Bugis community so that the influence and opportunity to commit criminal acts of corruption can be reduced. In order for this to run as desired, the authors suggest that the district government of Bone form a regulation on anti-corruption education through the method of cultivating the cultural values ​​of Siri 'Na Pacce in the District. Bone.
Fungsi Lembaga Adat Tongkonan Dalam Pelaksanaan Gadai Tanah Pertanian Di Toraja Jumriani Mursalim; Syamsuddin Pasamai; Andika Prawira Buana
Qawanin Jurnal Ilmu Hukum Vol 1 No 2: September 2020 – Februari 2021
Publisher : Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Muslim Indonesia

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This study aims to determine how the function of the tongkonan traditional institution towards the implementation of pawning on agricultural land, to find out and analyze the factors that become obstacles to the implementation of pawning on agricultural land at the tongkonan customary institution. This type of research is a descriptive empirical legal research. Using qualitative and quantitative legal research approaches. The location of the legal research was conducted in Lemo Village, Makale Utara District, Tana Toraja Regency. Types and sources of legal research data include primary data and secondary data. Data collection techniques using literature study, interviews and questionnaires. Based on the results of research and discussion, the conclusion is that the function of the Tongkonan Traditional Institution for the implementation of pawning for agricultural land in Toraja is as a bridge as well as a link between the pawner and the pawner recipient, the Tongkonan Traditional Institution also functions for the welfare of the community with the value of the customary law order, preserving customs and culture. The factors inhibiting the implementation of pawning of agricultural land at the tongkonan customary institution in Toraja are that the community prefers to mortgage their agricultural land directly without involving the tongkonan customary institution again as a witness, the next factor is the agreement between families, because most agricultural land owned by the Toraja community is family land.

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