Amsir Law Jurnal (ALJ)
Amsir Law Journal (ALJ) is a peer-reviewed journal published by Sekolah Tinggi Ilmu Hukum (STIH) Amsir. ALJ is published twice a year in April and October. This journal provides direct open access to content with the principle of free availability in the public interest and supports greater global knowledge exchange. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics: such as Criminal Law, Civil Law, Constitutional Law, Administrative Law, Human Rights, International Law, Islamic Law, Adat Law, Environmental Law, Sociology of Law, Criminology and Victimology and other parts related to contemporary problems in law.
Articles
65 Documents
<![CDATA[Perlindungan Hukum berupa Pemberian Asuransi kepada Petugas Pemadam Kebakaran yang Mengalami Risiko Kerja di Lapangan ]]>
<![CDATA[Kairuddin Karim]]>
<![CDATA[ Amsir Law Journal Vol 1 No 1 (2019): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i1.16
<![CDATA[The implementation of social protection is one of the responsibilities of the state which is adjusted to the state's financial condition. Social protection is called Jamsostek (Labor Social Security). Jamsostek provides an assurance and protection against socio-economic risks, which can arise due to workplace accidents, disability, illness, old age and death. Protection of security for workers in order to concentrate more on increasing motivation and work productivity is the main thing that must be prioritized by employers. The legal basis must provide a sense of justice, certainty, and legal benefit to firefighters who experience work risks in the field.]]>
<![CDATA[The State of Notary as a Legal Auditor ]]>
<![CDATA[Dinza Diastami M.]]>;
<![CDATA[Ahmadi Miru]]>;
<![CDATA[Hasbir Paserangi]]>
<![CDATA[ Amsir Law Journal Vol 1 No 1 (2019): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i1.17
<![CDATA[The existence of legal auditors as a certified profession in carrying out legal audits is essential and strategic in developing a legal compliance system in Indonesia. However, statutory regulations specifically in UUJN (regulation of notary position) does not regulate the prohibition of a dual notary position as a legal auditor. This study adopts an empirical juridical approach which was conducted in the Special Capital Region of Jakarta. The results of the study showed that there were no statutory provisions regarding the ability of a person who had served as a notary to become a legal auditor. Although, the Notary Position Law and the code of ethics bindthe notary public which do not also prohibit a notary from occupying the position of legal auditor. In the case of a notary and a legal auditor, the potential for a conflict of interest is immense. This was based on the consideration a legal auditor which has the duty to examine and/or assess legal issues related to a company, including the validity of authentic deeds made before a notary official.]]>
<![CDATA[Fines Sanction as a Meeting Form Principles of Agreement Contracts Construction Service ]]>
<![CDATA[Muhammad Sabir Rahman]]>
<![CDATA[ Amsir Law Journal Vol 1 No 1 (2019): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i1.18
<![CDATA[In national development, construction services have an important and strategic role in supporting the growth and development of the economic, social and cultural fields. Construction Work Contracts (Construction Services Procurement Contracts), in principle, are consensual (a reciprocal agreement), between the Employer (Project Owner) and the Service Provider (Contractor); Service Providers (Contractors) with Sub Service Providers (Sub Contractors). This research uses normative (doctrinal) legal research type. This research was conducted by examining all laws and regulations related to agreements that arise as well as the legal consequences in the form of financial penalties for breach of contract.]]>
<![CDATA[Dikotomi Politik Hukum Nasional dengan Politik Hukum Adat di Daerah Perbatasan ]]>
<![CDATA[Julianto Jover Jotam Kalalo]]>;
<![CDATA[Irwansyah Irwansyah]]>
<![CDATA[ Amsir Law Journal Vol 1 No 1 (2019): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i1.19
<![CDATA[The existence of a pluralistic law in the border area causes customary law communities who live and develop in the border area applying variety of laws. The concept of dualism is even deeper in the application of law as a reality that exists in border areas. The position of national law which is side by side with customary law apparently still has a gap which is entered by other countries' laws which are none other than neighboring countries. The existence of this plural law causes the disharmony of the legal regulations applied in the border area. The analysis shows that the dichotomy of regulations often conflicts and differences in the application of the law in each of the legal arrangements. Due to customary politics in the border areas are seeking for the truth in the application of the law. The position of national law does not guarantee the existence of legal arrangements in border areas because customary law in border areas has a strong position. National law is difficult to become a legal basis in border areas. However, the contradictions and differences in these three legal arrangements can actually be synergized, thus, thecontradictions and differences can also form a new law that is dynamic and appropriate, and does not change into a problem in the customary community.]]>
<![CDATA[Journalist Competence in Applying the Presumption of Innocence Principle on Press Release ]]>
<![CDATA[Mustawa Mustawa]]>
<![CDATA[ Amsir Law Journal Vol 1 No 1 (2019): Oktober ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i1.20
<![CDATA[A journalist competence as intended in the Press Council Regulation is interpreted as knowledge capability without affirmation for journalists who have knowledge of certain scientific disciplines. The meaning is all journalists from any discipline may be recognized as journalists who have the competence to apply the presumption of innocence in reporting. This arrangement in journalistic practice, the press often appears' 'judgmental' in the news because the use of the terms is often interpreted the same, even though the law holds very different meanings, such as the suspect is written as the perpetrator, released is written as free, not accepted is written as rejected, sentenced to trial is written as the judge free it. To prevent the violation of the presumption of innocence principle in reporting, the regulation of journalists' competencies must be emphasized from intellectual abilities and general knowledge to legal knowledge. The affirmation is directly correlated with the news object which is in the realm of law as a function of the press that is obliged to respect the presumption of innocence principle.]]>
<![CDATA[Visum et Repertum as Evidence for Penal Acts in Region Violence ]]>
<![CDATA[Jatmiko Raharjo]]>;
<![CDATA[Syamsuddin Muchtar]]>;
<![CDATA[Audyna Mayasari Muin]]>
<![CDATA[ Amsir Law Journal Vol 1 No 2 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i2.22
<![CDATA[The aim of the study is to determine the application of Visum et Repertum as evidence for criminal acts in domestic violence. This study was empirical legal research. The location of this study was conducted in Kejaksaan Negeri Klaten. The result of the research showed that as proof of domestic violence with evidence Visum et Repertum was one of the law enforcements oriented to realize for legal certainty and protection of victims in proving the occurrence of criminal acts in domestic violence. The lack of evidence bothers the process of law enforcement, regarding requirements to determine the victim provided at least two evidence and for the judges to decide on criminal cases with valid evidence at least can be avoided by using Visum et Repertum. The obstacles to prove the evidence for criminal acts in domestic violence with Visum et Repertum includes the differences of understanding among law enforcement officials about the use of Visum et Repertum for criminal acts in domestic violence.]]>
<![CDATA[Legal Standing and Authority of the Regional Representative Council in the Indonesia Constitusional System ]]>
<![CDATA[Imran Imran]]>;
<![CDATA[Handar Subhandi Bakhtiar]]>;
<![CDATA[Dirga Achmad]]>
<![CDATA[ Amsir Law Journal Vol 1 No 2 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i2.23
<![CDATA[The Regional Representative Council (DPD) as a regional representative institution is located as a state institution. The existence of the DPD reflects the principle of territorial or regional representation (regional representation). Therefore, as a representative institution, the DPD should ideally have the legislative, supervisory and budgetary functions as well as the House of Representatives (DPR). However, the DPD as a representative institution with these three functions actually has a very weak and soft function. The two chambers of the House of Representatives (DPR and DPD) do not have balanced authority. DPD and DPR are two rooms (houses, chambers) whose authority is not balanced, because it is classified as soft bicameral.]]>
<![CDATA[Konstitusi dan Arah Kebijakan Pembangunan Hukum; Sebelum dan Sesudah Amendemen ]]>
<![CDATA[Syafruddin Muhtamar]]>;
<![CDATA[Iswandi Rani Saputra]]>
<![CDATA[ Amsir Law Journal Vol 1 No 2 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i2.24
<![CDATA[This study aims to find out (1) the relevance of the mandate of the 1945 Constitution of the policy and legal development in GBHN RPJPN, (2) to the normative strategies of national development planning process in the period of the state system before and after amendment to the Constitution of 1945. This study used a qualitative approach with a descriptive-comparative method. The results showed that (1) the formulation of policy towards development of the law, both the artifacts in the Guidelines of State Policy and RPJPN models, can be said to be substantially relevant to mandate of the Constitution, which applies in the context of each period; (2) there are fundamental differences in strategy formulation nomatif RPJPN GBHN with the preparation. This fundamental difference is the logical consequence of the amendments made to the Constitution of 1945 in the history of the Indonesian nation state system.]]>
<![CDATA[The Region Governance Review of Barru Regency to Actualize Good and Clean Governments ]]>
<![CDATA[Aksah Kasim]]>;
<![CDATA[Andi Heridah]]>
<![CDATA[ Amsir Law Journal Vol 1 No 2 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i2.25
<![CDATA[The factors of the region governance review of Barru regency to actualize good governance and clean government are the region the government have not applied the equity properly and optimally, uphold the rule of law, worked effectively, effectiveness, and accountability, and formulated and implemented the strategic vision. This study is expected to explain, find, and describe the regional governance review in Barru Regency to actualize for good governance and clean government in the implementation of regional autonomy.]]>
<![CDATA[The Effectiveness of Mediation Process to Press Divorce Rates ]]>
<![CDATA[Hasmawati Hasmawati]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ Amsir Law Journal Vol 1 No 2 (2020): April ]]>
Publisher : <![CDATA[Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada. ]]>
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DOI: 10.36746/alj.v1i2.26
<![CDATA[This study aims to determine and analyze how the effectiveness of mediation in overcoming divorce in the Palopo Religious Court and what are the factors to be successfully for the resolution of divorce cases in Palopo Religious Court. This study was conducted in Palopo Religious Court. The research method used empirical normative approach, the source of research data was field research and library research such as interviews and literature review of literature books and scientific works. The results of this study indicated that the effectiveness of mediation to overcome the divorce in the Palopo Religious Court is quite effective because it has been carried out with procedures in the mediation process. The successful factors of the divorce case in the Palopo Religious Court were good faith from both sides, the ability of a mediator to provide an explanation to the parties, and time also.]]>
