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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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INDONESIA
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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PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PELECEHAN SEKSUAL Musdalifa SamSam; 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 examine and protect the law against children as a criminal act that commits a criminal act in the implementation of legal protection against child victims of criminal acts of sexual abuse. This research uses sociological or empirical research methods, data obtained from document studies and interviews with interested parties in the Makassar City Police and Makassar District Court, then a qualitative analysis is carried out. The results of this investigation show that legal protection for children as victims of criminal acts of sexual harassment in law enforcement practices by the Makassar City Police is a protection in the investigation process. Meanwhile, the legal protection by the Makassar District Court is in court prose. Obstacles in the implementation of legal protection against children as a criminal offense, namely, starting from the statement of the victim as a victim of sexual harassment, the law itself in this case regarding the law on child protection, as well as being technically obedient at the time of carrying out an investigation, in this case the process. the evidence. The recommendation of this research should be that the accountability of parents, family, and state government is a series of activities carried out continuously, integrated and coordinated by authorized institutions in an effort to fulfill the rights of children, especially children victims of sexual violence in order to protect children's rights. It is hoped that the law on child protection needs an amendment that is tailored to the existing legal needs.The research aims to examine and protect the law against children as a criminal act that commits a criminal act in the implementation of legal protection against child victims of criminal acts of sexual abuse. This research uses sociological or empirical research methods, data obtained from document studies and interviews with interested parties in the Makassar City Police and Makassar District Court, then a qualitative analysis is carried out. The results of this investigation show that legal protection for children as victims of criminal acts of sexual harassment in law enforcement practices by the Makassar City Police is a protection in the investigation process. Meanwhile, the legal protection by the Makassar District Court is in court prose. Obstacles in the implementation of legal protection against children as a criminal offense, namely, starting from the statement of the victim as a victim of sexual harassment, the law itself in this case regarding the law on child protection, as well as being technically obedient at the time of carrying out an investigation, in this case the process. the evidence. The recommendation of this research should be that the accountability of parents, family, and state government is a series of activities carried out continuously, integrated and coordinated by authorized institutions in an effort to fulfill the rights of children, especially children victims of sexual violence in order to protect children's rights. It is hoped that the law on child protection needs an amendment that is tailored to the existing legal needs.
PENERAPAN HUKUM PIDANA TERHADAP TINDAK PIDANA PEMBELIAN BARANG CURIAN MELALUI MEDIA SOSIAL ANDI AKHMAD ARAFAH; Soekarno Aburaerah; Abdul Agis
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 birth of social media with complete technological facilities allows its users to communicate with other users who are far away, but as if they are in close proximity. Social media has also played a lot in the fields of economy and trade with its ability to support product marketing activities to buying and selling activities. In a buying and selling transaction of goods, the Indonesian people sometimes or most of the buyers are interested in goods that are sold at below market prices. But sometimes the desire to get the difference or profit, if not careful, can get the buyer into criminal law problems. Article 480 of the Criminal Code regarding help (evil) or what in criminal practice is known as the article of heling (heling). This is what motivates the author to take the title "Enforcement of the Application of Criminal Law Against the Crime of Purchasing Stolen Goods Through Social Media" Based on the background of the problems above, the problem formulation in this thesis is as follows: 1. What are the factors that lead to the criminal act of purchasing stolen goods on social media, 2 What are the efforts to implement the applicable law against the purchase of stolen goods through social media? The research method uses qualitative, while the types used in this study are primary and secondary data. qualitative approach data analysis technique, which is a research procedure that produces descriptive data, which is stated by the related parties in writing or verbally and real behavior, which is researched and studied is a complete research object, as long as it is something real. The results of this study conclude that the factors driving the purchase of stolen goods are the price of the item is below the market price or a very low price, the letters are incomplete, the time to sell the goods is not on time (at night), the transaction is carried out in secret, and the conditions abnormal or defective items. If the above elements are fulfilled, the person who acts on these elements can be subject to detention because the person has fulfilled all the elements of the criminal detention above. And the application of the law stipulates that the actions committed by the defendant must be held accountable to him, so that it can provide a deterrent effect and in the future do not do the same thing. The legal consequence for the perpetrator of detention crime is that the perpetrator receives a criminal sanction in accordance with Article 480 of the Criminal Code.
TINJAUAN KRIMINOLOGIS TERHADAP PRAKTIK PELACURAN DI KOTA MAKASSAR Besse Yusnani; Hamza Baharuddin; Besse Indriati Masdin
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

Prostitution is a phenomenon that has existed for a long time in the world, and Indonesia is no exception. Prostitution in Indonesia dates back to the days of the Javanese kingdoms that used women as part of the feudal system of commodities. The phenomenon of prostitution is still an unresolved problem.The practice of covert prostitution in Makassar City has become an open secret. There are several places in Makassar City that prepare women to satisfy lust, mostly under the guise of massage parlors, SPAs, pubs, cafes and karaoke places, to salons.In all these places there are beautiful and sexy women, they are ready to satisfy the masculine men and the most covert practices in Makassar City are massage parlors. Several locations such as in the Panakukang area, Nusantara road, Perintis Kemerdekaan road and Mount Latimojong road.
TINJAUAN HUKUM TENTANG EFEKTIVITAS PERJANJIAN SEWA MENYEWA RUMAH DI KOTA MAKASSAR Yusril; Muhammad Rustan; Sahban
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

"Legal Overview of the Effectiveness of theLease Agreement to Rent a House in Makassar City". Under the guidance ofMuhammad Rustan as Chief Advisor and Sahban as Advisor. This study aims todetermine the effectiveness of the rental agreement for renting a house inMakassar City in making agreements between home owners and tenants so asto provide legal certainty for both parties. This research uses empiricalresearch. The location of this research was carried out on Sultan AlauddinStreet, Bosowa Housing Complex, Makassar City and West Kabila Street. Typesand sources of data used are primary data and secondary data. Datacollection techniques, library research and field research. Data analysis,namely data that has been obtained both primary and secondary data willthen be processed and analyzed to produce conclusions, then presenteddescriptively.
PERLINDUNGAN HUKUM PASIEN TERHADAP TINDAKAN MALPRAKTIK OLEH DOKTER DALAM PERSPEKTIF HUKUM PIDANA Sukma; Hambali Thalib; Hasbuddin Khalid
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 how Legal Protection of Patients against Malpractice Actions by Doctors in a Criminal Law Perspective. forms the implementation of criminal law protection to victims of crime as regulated medical inside (Health Law and Legislation). The results obtained are regulation of legalprotection given to victims of the criminal acts committed by the medical (doctor) Malpractice is notspecifically regulated by legislation, but when viewed from a legal standpoint as a whole then, severallegislations strongly associated with this criminal act, namely the Criminal Code, Law Number 36 of 2009 concerning Health, Law Number 29 of 2004 Concerning Doctor's Practice, Law Number 44 of 2009 concerning Hospitals, Law Number 8 of 1999 concerning Consumer Protection. Criminal liability on doctors for errors and omissions in providing medical services at the hospital, where doctors responsibility in the field of criminal law can be categorized as a criminal act if they meet the formulation Malpractice criminal offense.
TINJAUAN HUKUM PIDANA TERHADAP PUTUSAN HAKIM DALAM PERKARA TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH ANAK SECARA BERSAMA- SAMA ( Studi Kasus Putusan Nomor 1927/Pid.Sus.Anak/2020/PN Mks ) Muh Aufa Aqzani; Ma'ruf Hafidz; 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

Children are the next generation of the nation. Therefore, every child should get his right to play, learn and socialize. But the situation will turn around if children commit crimes together. Law Number 11 of 2012 concerning Child Criminal Justice System. This SPPA Law is a substitute for Law Number 3 of 1997 concerning Juvenile Courts. The Juvenile Court Law is considered to beno longer in accordance with legal needs in the community and has not comprehensively provided special protection to children who are faced with the law. From this background, the problem will be discussed, (1) is Detentionof children in a case decisions number: 1927/Pid.Sus.Anak/2020/PN Mks, has fulfilled the Child Criminal Justice System? And (2) what are the judges' considerations in criminal imposing acts on whom children commit crimes together? This study uses normative legal research methods, uses a statutory approach and a conceptual approach, and examines the primary legal material and secondary legal material. The results of this study indicate that (1) Knowing the legal provisions for the detention of children, according to the juvenile justice system in case decisions number: 1927/Pid.Sus.Anak/2020/PN Mks (2) Knowing the judge's consideration in criminal imposing acts on whom the children commit crimes together?
IMPLEMENTASI PRINSIP TRANSPARANSI DAN AKUNTABILITAS KEUANGAN PARTAI POLITIK YANG BERSUMBER DARI ANGGARAN PENDAPATAN DAN BELANJA DAERAH Mahfud Jaya; Dachran Bustami; Muh Zulkifli Muhdar
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

Traditional health services are alternative therapies to solve public health problems. The development of traditional health services, in accordance with the enthusiasm of people in traditional medicine, that the government has the authority to improve and control traditional medical services as a manifestation of protection for the community. Through law No.36 of 2009 concerning health. Then supported by the Regulation of the Minister of Health of the Republic of Indonesia No10761Menkes / SKIVII1 / 2003 concerning the Implementation of Traditional Medicine where the government formed a Center for the Development and Application of Traditional Medicine (SP3T) which is required to carry out an examination of every traditional medical service.
PERLINDUNGAN HUKUM BAGI KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG DARI PERUSAHAAN EKSPEDISI Nurul Baytih; Ma'ruf Hafidz; Salmawati
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 find out and understand how legal protection for consumers who suffer losses due to the delivery of goods from shipping companies and how the liability of shipping companies to consumers who suffer losses due to the delivery of goods. This research uses empirical methods. The location of the research was conducted in one of the expedition companies precisely in PT. Tiki Line Nugraha Ekakurir (JNE) Watampone branch. Types and sources of data used are primary data and secondary data with data collection techniques, namely field research with interview techniques and literature research. The data obtained will be processed and analyzed to produce conclusions and submitted descriptively to provide a clear understanding of the results of research conducted by the author. The results of this study show legal protection for consumers against losses due to the delivery of goods from shipping companies, namely by referring to some provisions stated in Law No. 8 of 1999 on Consumer Protection and one form of liability of shipping companies that is by providing replacement shipping rates for domestic shipments and international shipments which form of liability including through presumption to always be responsible.
Analisis Akibat Hukum Musnahnya Objek Hak Tanggungan Karena Bencana Alam Herlin; Ahyuni Yunus; Andi Risma
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 legal consequences of the destruction of the object of mortgage due to natural disasters and the efforts made by creditors in terms of the destruction of the object of mortgage due to natural disasters. This study uses an empirical method. The research location was carried out at Bank Sulselbar Makassar. Types and sources of data used are primary data and secondary data with data collection techniques, namely field research and library research. The data obtained will be analyzed to produce conclusions and submitted descriptively in order to provide a clear understanding of the results of the research conducted by the author. The results showed that the legal consequence of this incident was the agreement was null and void and the bank suffered a loss because there was no compensation for losses and the efforts made by the creditor were divided into two, namely preventive measures, namely insurance and credit agreement arrangements and repressive measures, namely credit restructuring and litigation or non litigation. To the government of the Republic of Indonesia to review and revise the Mortgage Rights Law and to the bank to pay more attention to the juridical aspects of making credit agreements. So that the settlement of these events has legal certainty.
Penyidikan Terhadap Kelalaian Yang Mengakibatkan Kematian Oleh Pengendara Di Jalan Raya (Studi Kasus Lakalantas Polrestabes Makassar) Ilham Ashari; Askari Razak; Nur Fadhila Mappaselleng
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 was conducted to determine how the investigation of the Makassar Police Traffic Police, in carrying out investigations into negligence that resulted in the death of motorists on the highway, and what are the factors that affect the course of the investigation process carried out by the Makassar Police Traffic Police.Based on the results of research conducted in empirically analyzing the investigation process and the factors that can influence it, it can be concluded that the investigation of negligence that results in death on the road is that the driver's behavior in driving his vehicle has been negligent or careless which results in death, in this case. is a criminal act that can be subject to criminal penalties for the rider. The Makassar Police District Police handled the case by processing motorists who due to their negligence resulted in death by carrying out investigations and investigations where the process was to find out whether the rider fulfilled the elements and could be made a suspect so that the event could be made to delegate the case to the prosecutor for further processing. .The investigation process can be influenced by the absence of eye witnesses at the scene of the case, which complicates the course of the investigation process and the lack of public awareness to report when they find out about a crime that has occurred on the road because they consider it an important act. Investigation; Negligence; Accidentally Resulting in Death; Driver; On the highway;

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