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Amsir Law Jurnal (ALJ)
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 27159329     DOI : https://doi.org/10.36746/alj.v2i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 65 Documents
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Legal Analysis of the Fostering and Supervision of Village Based on the Village Law 2014 Adiesty S.P. Syamsuddin; Ratu Ratna Korompot; Jubair Jubair; Syamsuddin Baco; Nurul Miqat
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.84

Abstract

The position of the village as the lowest autonomous government structure has an essential role in achieving multidimensional national development goals because its management involves all government officials, both at the main and the local level, even at the village level. This study aimed to determine the material normative regulation related to the supervision and guidance of the administration of village governance and to find out the substantive forms of supervision and direction of the administration of village governance that the level of government above can implement. The result of this study was 1) Normative regulation material on the supervision and development of village administration is currently subject to Law Number 6 of 2014 concerning Village Government Regulation of the Republic of Indonesia Number 47 of 2015 concerning Amendment to Government Regulation Number 43 of 2014 concerning Implementation Regulation of Law Number 6 of 2014 concerning Villages, and PP Number 12 of 2017. 2) Substantive forms of supervision and development of village administration that can be carried out by the government level above include the provision of technical guidelines/guidance, appreciation, and guidance in the fields of development planning, finance, and institutional planning.
Regulation of Esports in the Context of the Employment in Indonesia Syafa’at Anugrah Pradana; Rustam Magun Pikahulan; Muh. Andri Alvian; Sri Adriana
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.98

Abstract

This study aims to understand and analyze the legal arrangements of esports in terms of the point of view of labor law. The research method used is legal research with a normative juridical approach. The research results obtained are first, in terms of legal substance, second, in terms of legal structure, and third, in terms of legal culture. The author reflects that in the substance of the law, there has not been a single piece of legislation that contains explicitly and comprehensively regarding esports. Then in the aspect of esports dispute resolution, that is, the phrase “final and binding” on the award of the settlement of violations by Executive Board of Esports Indonesia is biased. In addition, in terms of legal culture, the existence of esports in Indonesia has risen in all walks of life, players who are legal subjects in esports are dominated by underage players. This study concludes that the government needs to form a law that explicitly regulates esports activities in Indonesia, in the form of: 1) The rights of esports athletes, especially minors; 2) The legal position of the Executive Board of Esports Indonesia statute in the laws and regulations in Indonesia; 3) Rights and obligations of esports athletes.
Implementation of Community Policing Program using Problem-Solving Approach by Bhabinkamtibmas Prayugo Widodo; Baharudin Baharudin
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.99

Abstract

Bhayangkara Trustees of Community Security and Order (in Indonesia called Bhabinkamtibmas) is the front line or spearhead of police services in the Community Police Program which mingles and interacts with the surrounding community on a daily basis. This research used normative-empirical research. The results of this study was to find out whether there was an application of the Community Police Program with a social conflict resolution mechanism based on consensus. The results of research at the Sukoharjo Police found that there were inhibiting factors such as human resources, facilities and infrastructure that needed to be repaired immediately. The challenges faced by the Sukoharjo Police in the success of the Community Police Program need to be overcome in order to create a stable and continuously adaptable Police with social, cultural, economic and political developments. The National Police must be able to protect the community, considering that partnership is a pillar of the success of the Community Police Program.
Comparison of Verdicts in Handling Election Violations Through Coordination of Gakkumdu Center North Lampung Regency Baharudin Baharudin; Putri Intan Sari
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.100

Abstract

Sovereignty is in the hands of the people as mandated in Article 1 Paragraph 2 of the 1945 Constitution of Republic Indonesia. The meaning of “sovereignty is in the hands of the people” in this case is that the people have sovereignty, responsibilities, rights and obligations to democratically elect a leader who will form a government to manage and serve all levels of society, as well as elect representatives of the people to oversee the running of the government. The research method used was normative and empirical juridical, using secondary and primary data, obtained from literature studies and field studies, and data analysis with qualitative juridical analysis. The suggestion is that the Gakkumdu Center at North Lampung Regency should provide concrete and important implementation rules to ensure legal certainty and justice.
Implementasi Peraturan Daerah Kabupaten Lampung Selatan Nomor 3 Tahun 2020 tentang Ketenteraman, Ketertiban Umum, dan Perlindungan Masyarakat Edi Widarto
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.101

Abstract

The type of research used by the author is a normative-empirical type of research. This article was published to find out and analyze the implementation of the South Lampung Regency Regional Regulation Number 3 of 2020 concerning Peace, Order, and Community Protection. Research shows that the inhibiting factors for the implementation of the South Lampung Regency Regional Regulation Number 3 of 2020 concerning Public Order and Community Protection include human resources, facilities and infrastructure issues, as well as budget issues. Second, the factor of obedience and public awareness in complying with local regulations. In addition, the South Lampung Regency Regional Regulation Number 3 of 2020 concerning Public Order and Community Protection has been implemented, but not optimally—especially regarding the guidance, control, and supervision carried out by the Regional Regulation Enforcement Agency or the State Civil Apparatus or ASN.
Aspek Feminist Legal Theory dalam Peraturan Perundang-undangan di Indonesia A. Sakti R.S. Rakia; Wahab Aznul Hidaya
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.104

Abstract

The study of the feminist paradigm which substantially discusses equality between men and women, in law raises a school of thought in feminist legal theory. In general, the discourse on feminist legal theory focuses on the discussion that the dominance of men has resulted in the formation of legal norms with a masculine nuance so that the role of women is still subordinated to men. This study aims to explore the extent to which aspects of Feminist Legal Theory are reflected in the laws and regulations in Indonesia. This research is a normative-juridical research with a conceptual approach and a theoretical approach. The results of this study indicate that the issue of feminism is spread in a number of laws and regulations in Indonesia, but with still overlapping regulations when analyzed based on feminist legal theory.
Analisis Peraturan Daerah Kota Makassar tentang Pembinaan Anak Jalanan, Gelandangan, Pengemis, dan Pengamen Marif Marif
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.118

Abstract

Based on Article 34 Paragraph 1 of the 1945 Constitution of the State of the Republic of Indonesia, the Law on Human Rights, the Law on Child Protection, and the Decree of the President of the Republic of Indonesia Number 36 of 1990 concerning the Enforcement of the Convention on the Rights of the Child, basically it provides protection for street children, homeless people, and beggars in Indonesia. This includes Makassar City. In Makassar itself, several regulations have been established as a form of implementation in the regions, such as: Makassar City Regional Regulation Number 2 of 2008, then Makassar City Regulation Number 3 of 2009, along with Mayor Regulation Number 87 of 2016. As a form of implementation, the government has brought order community by taking preventive and repressive measures. The government deployed Civil Service Police Unit officers in the regions to carry out rehabilitation and raids on the homeless with one goal, to provide guidance. All this is done with the hope that they do not return to the streets, and can carry out their social functions in society. This study used a descriptive analysis type of research, with a normative sociological-juridical approach. That is research conducted by abstracting social phenomena, concepts, principles, doctrines, theories, legal norms and legal rules (written and unwritten) in addition to values, principles, norms and rules that will be described in relation to by fostering street children, homeless people, beggars and buskers.
Penggunaan Badan Hukum Perkumpulan terhadap Badan Usaha Milik Desa: Bagaimana Kedudukan dan Implikasinya? Ridwanto Igirisa; Gito Alan Ali; Andi Inar Sahabat; Rafika Nur
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.124

Abstract

Village Owned Enterprises (BUM Desa) have a very strategic role in improving the economy, especially in South Suwawa District, Bone Bolango Regency, Gorontalo Province. BUM Desa is formed by the Village Government in order to maximize the entire economic potential of the village. This study discusses how the position and implications of the use of association legal entities by BUM Desa in improving the village economy in South Suwawa District, Bone Bolango Regency. The research method used in this research is juridical-empirical type, data collection techniques obtained through observation are then processed and analyzed descriptively. The purpose of this study is that BUM Desa has strong legality in improving the village economy in South Suwawa District in particular and Bone Bolango Regency in general, as well as how to overcome economic problems that arise in the future.
Refund of State Financial Losses in Realizing the Welfare State of Law Mustawa Mustawa; Abd. Haris Hamid; Sunardi Purwanda
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Fakultas Hukum, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.125

Abstract

The concept of punishment is not only emphasized to the subject of the perpetrator, but also the consequences that can be caused need to be accounted. What is the ideal form of punishment for perpetrators of corruption. Does it really need extraordinary efforts to deal with this crime? This article was a type of normative research. The approach used in normative research was the statutory approach, which is an approach taken by examining all laws and regulations related to the legal issues being handled. Refund of state financial losses, especially corruption in Indonesia, is not easy and can be done. The perpetrators of corruption have very strong access to a wide network of power that is difficult for law enforcement to reach. This article describes the regulation of the return of state financial losses due to criminal acts that can be carried out through two legal instruments, namely criminal law instruments and civil law instruments.
Analisis Hukum terhadap Pelaksanaan Sanksi Adat Seda’ pada Kasus Kawin Lari Anjany Anjany; Fadilawati Fadilawati
Amsir Law Journal Vol 4 No 2 (2023): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i2.191

Abstract

This research uses legal field research methods or normative research to explain legal implications. Field data collection was carried out through interviews and observation stages. Furthermore, all data collected was selected based on reliability and validity. This study aims to legally analyze the implementation of the Seda’ customary sanctions in Mamuju Regency. The researcher examines the relationship between the existence of Seda’ customary sanctions and positive law in Indonesia, is there a conflict in its implementation? Basically, the people of Bonehau Regency want to prioritize customary sanctions when cases of elopement occur. The existence of the Seda’ customary sanction which is still recognized by the community in Bonehau Regency is one of the manifestations of customary civil law. The form of Seda’ sanction or punishment is the imposition of non-physical sanctions in the form of humiliation, expulsion from the village, and ostracism from the community, especially their family. The customary sanction of Seda’ in practice is carried out in groups (siko’bon), with the stipulation that those who are allowed to perform Seda’ are people who have family or blood relations with the person who is eloping (silariang). ___ Referensi Buku dengan penulis: Afandy, M. (2016). Analisis Hukum Terhadap Eksistensi Sanksi Adat A’Massa pada Delik Silariang di Kabupaten Jeneponto. Makassar: Universitas Hasanuddin. D. Wulansari, dan A. Gunarsa. (2016). Hukum Adat Indonesia: Suatu Pengantar. Bandung: Refika Aditama. A. Wafa. (2018). Hukum Perkawinan di Indonesia: Sebuah Kajian Dalam Hukum Islam dan Hukum Materil. Tangerang Selatan: Yasmi (Yayasan Asy-Syari’ah Modern Indonesia). Artikel jurnal: Abubakar, L. (2013). Revitalisasi Hukum Adat sebagai Sumber Hukum dalam Membangun Sistem Hukum Indonesia. Jurnal Dinamika Hukum, 13(2), 319-331. Anwar, W. A. (2020). Silariang dalam Perspektif Hukum Islam (Studi Kasus di Kabupaten Sidrap). Ash-Shahabah: Jurnal Pendidikan dan Studi Islam, 6(2), 108-120. Arliman, L. (2018). Hukum Adat di Indonesia dalam Pandangan Para Ahli dan Konsep Pemberlakuannya di Indonesia. Jurnal Selat, 5(2), 177-190. Erwinsyahbana, T. (2012). Sistem Hukum Perkawinan pada Negara Hukum Berdasarkan Pancasila. Jurnal Ilmu Hukum, 3(1). Kurniawan, F. (2016). Hukum Pidana Adat sebagai Sumber Pembaharuan Hukum Pidana Nasional. EDUKA Jurnal Pendidikan, Hukum dan Bisnis, 2(2), 10-31. Mas’ud, S. (2017). Analisis Hukum Positif Terhadap Nilai Kearifan Lokal A’massa pada Delik Silariang (Studi Kasus di Masyarakat Kampung Beru. Makassar: Unismuh. Meidy, S. H. (2022). Eksistensi Pemberlakukan Pidana Adat bagi Masyarakat di Luar Hukum Adat. Widya Yuridika: Jurnal Hukum, 5(1), 175-190. Munandar, H., & Mustafa, A. (2021). Kebijakan Pemerintah Daerah Kabupaten Jeneponto dalam Meminimalisasi Tindakan A’massa. Siyasatuna: Jurnal Ilmiah Mahasiswa Siyasah Syar'iyyah, 3(2), 359-370. Mustawa, M., Hamid, A. H., & Purwanda, S. (2022). Refund of State Financial Losses in Realizing the Welfare State of Law. Amsir Law Journal, 4(1), 51-61. Rais, M. (2016). Kedudukan Anak Angkat Dalam Perspektif Hukum Islam, Hukum Adat dan Hukum Perdata. DIKTUM: Jurnal Syariah Dan Hukum, 14(2), 183-200. Safitri, A., & Suharno, S. (2020). Budaya Siri’Na Pacce dan Sipakatau dalam Interaksi Sosial Masyarakat Sulawesi Selatan. Jurnal Antropologi: Isu-Isu Sosial Budaya, 22(1), 102-111. Susylawati, E. (2009). Eksistensi Hukum Adat dalam Sistem Hukum di Indonesia. Al-Ihkam: Jurnal Hukum & Pranata Sosial, 4(1), 124-140.

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