Jurnal Litigasi Amsir
Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free availability for the public interest and supports a greater global exchange of knowledge.
Articles
70 Documents
<![CDATA[Simplifikasi Pembagian Harta Gono-Gini Akibat Perceraian ]]>
<![CDATA[Mutmainna]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (214.82 KB)
<![CDATA[Often there is a polemic in the division of common propertyproperty due to divorce has an impact on the occurrence of ongoing turmoil in the family sphere. This research aims to know and understand the process of division of common property due to divorce, and to know and understand the legal considerations of judges in determining or deciding the division of common property due to divorce based on court rulings. This research uses a type of empirical normative research supported by a statute approach and a case study approach. The results showed that the judge's consideration in granting the plaintiff's lawsuit was based in part on evidence and testimony from witnesses.]]>
<![CDATA[Urgensi Pengawasan dan Pengamatan Terhadap Pelaksanaan Putusan Pengadilan ]]>
<![CDATA[Phireri Phireri]]>;
<![CDATA[Johamran Pransisto]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (227.384 KB)
<![CDATA[Supervisory and Observer Judges are regulated in Article 277 of Law Number 8 of 1981 concerning the Criminal Procedure Code, in theory, there is no definition of Supervisory and Observer Judge (Wasmat). This study aims to determine the duties and authorities of the Supervisory and Observer Judges (Wasmat). This study uses a normative type. The results of the research show that the duties and authorities of the Supervisory and Observer Judges are regulated in Articles 277-283 of the Criminal Procedure Code, and the implementation instructions are regulated more clearly in SEMA No. 7 of 1985 which is still in use today. The appointment of Supervisory and Observer Judges is carried out according to the prerogative of the head of the District Court for a term of office of 2 (two) years. Supervisory Judges and Observers conduct/check on the spot (checking on the spot) at least once every 3 (three) months to the Correctional Institution to supervise the truth of the minutes of the implementation of the court decision signed by the Prosecutor, head of the Correctional Institution, and the convict.]]>
<![CDATA[Polemik Sengketa Hak Atas Tanah ]]>
<![CDATA[Muh. Rizal Ramli]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (243.775 KB)
<![CDATA[The emergence of various problems regarding land proves that the use, control, and ownership of land in our country has not been orderly and orderly. This research aims to find out the process of resolving land rights disputes in Sidenreng Rappang district. This research uses normative research types supported by the case study approach, the analytical approach. Analysis of legal materials in this study uses deductive logic reasoning. Normative legal research uses logical and prescriptive analysis and argumentation. Normative legal research is generally qualitative. The results showed the process of resolving land disputes in the Court Sidenreng Rappang, more litigation, as in the case with case number: 18 / Pdt.G / 2020 / PN Sdr with various stages until the cancellation in the previous decision.]]>
<![CDATA[Identifikasi Sidik Jari Dalam Mengungkap Tindak Pidana Pencurian ]]>
<![CDATA[Andi Rumpang]]>;
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Muhammad Natsir]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (288.863 KB)
<![CDATA[The fingerprint is one of the technologies that can be used to identify a person. Even today, the fingerprint is a technology that is considered quite reliable because it is proven to be relatively accurate, safe, and comfortable to use as identification when compared to other biometric systems. This study aims to determine the legal strength of fingerprint-proof in the process of investigating a criminal act of theft based on the Criminal Procedure Code. This research uses empirical normative research with a statute approach. The results showed that. The fingerprint-proof system does not require witnesses, because, in terms of proof of fingerprint identification, the minimum provisions for proving the two pieces of evidence should be fulfilled by the existence of a certificate regarding the fingerprint, documentary evidence plus a statement from a dactyloscopy expert as one of the legal evidence. One of the obstacles faced by investigators when they are at the crime scene to collect/find evidence of fingerprints is if the place of the incident has changed its authenticity or is contaminated. Efforts are made by investigators to work around this by seeking the police or investigating officers to immediately be alert and responsive in receiving public reports about the existence of a crime.]]>
<![CDATA[Tanggung Jawab Pejabat Pembuat Akta Tanah (PPAT) Dalam Pendaftaran Peralihan Hak Milik Atas Tanah ]]>
<![CDATA[Dewi Rasda]]>;
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (196.434 KB)
<![CDATA[The general office of the Land Deed Making Official who is authorized to make deeds regarding land, of course, must have special abilities and skills in the land sector so that the deed he makes does not cause problems in the future. land-based on Government Regulation Number 24 of 1997 concerning land registration. This research uses normative and empirical research with a statutory approach. The data sources use primary legal materials and secondary legal materials. The results of this study indicate that the responsibility of the Land Akat Maker Official in the Implementation of Land Registration at the ATR/BPN Office of Parepare City is that the Land Akat Maker Official is responsible for providing legal protection to the parties that arise because of an unlawful act he did in carrying out his duties. The Land Deed Making Officer as the delegate is administratively responsible if there is a mal-administration in the making of an authentic deed, the Land Akat Making Officer is responsible for the legality of legal actions according to data from the statements of the appearers and guarantees the authenticity of the deed and is responsible that his actions are following the procedures.]]>
<![CDATA[Kedudukuan Hukum Islam Dalam Sistem Hukum Nasional ]]>
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Muh. Fadli Faisal Rasyid]]>;
<![CDATA[Auliah Ambarwati]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (293.472 KB)
<![CDATA[In discussing Islamic Law amid National Law, the focus will be on the position of Islamic Law in the National Law system. This study aims to determine the position of Islamic law in the national legal system. The research method used in this study uses a normative type of research, namely by examining laws and regulations, theories, and concepts related to the problems studied. This research is supported by the approach used in this research, namely the legislative approach, and comparative approach. The results of the study indicate that the contribution of Islamic law is very large in the development and development of National Law, namely that every product of the law made by the Legislative Body is always inspired by Islamic Law. Constraints The main obstacles and problems of Islamic Law in Indonesia are related to the process of integration into National Law.]]>
<![CDATA[Wanprestasi Dalam Perjanjian Jual Beli Motor ]]>
<![CDATA[Hariyani Hariyani]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muhammad Darwis]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (254.579 KB)
<![CDATA[The facts on the ground are that there are still many cases of motorbikes being confiscated and forcibly taken by the seller and/or financing. This study aims to determine the legal settlement of debtors who default. The research method used is normative legal research. with a statutory approach. This study involves literature review and documentation, followed by qualitative analysis based on primary (laws) and secondary legal materials (libraries and scientific journals). The results show that the form of settlement of the default is confiscation of vehicles by using a power of attorney to withdraw/confiscate the object of fiduciary security which has been signed by the debtor himself and the original minutes of handover to Financing employees who specifically handle withdrawals of collateral objects.]]>
<![CDATA[Penyelesaian Tindak Pidana Penganiayaan Melalui Diversi ]]>
<![CDATA[Sri Yuliana]]>;
<![CDATA[Pathillah Asba]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (178.48 KB)
<![CDATA[In the implementation of juvenile criminal justice, there is the fact that criminal court proceedings for children have a negative impact on children. This research aims to find out the settlement of criminal cases against children through diversion in the jurisdiction of Sidrap Police. This research uses normative and empirical types of research with qualitative approaches. Data sources use primary legal materials and secondary legal materials. The results of this study show that the settlement of criminal cases against children through diversion in the Sidrap police is the Pre-Diversion Stage, the Diversion Process Stage, and the Diversion Agreement Results Stage. The Diversion process must pay attention to the interests of the victim. The welfare and responsibility of the child. The results of the Diversi agreement can be formed, among others, peace with or without compensation, handover to parents/guardians, participation of educational institutions or LKPS for a maximum of 3 (three) months, or community service.]]>
<![CDATA[Legum Studia Penyelesaian Sengketa Harta Bersama ]]>
<![CDATA[Jaka Syahrial Syarifuddin]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Suardi Suardi]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (227.789 KB)
<![CDATA[Determining the status of property ownership during the marriage is important to obtain clarity on the position of the property in the event of the death of one of the husbands or wives, which is the inheritance that will be inherited by their respective heirs. This study aims to find out and understand the legal review of joint property disputes that occurred after the divorce based on Decision Study Number: 285/Pdt.G/2019/PA.Pare. This research uses empirical normative research with a statutory approach and a case study approach. The results of the study show that the process of dividing joint assets due to divorce based on law and fiqh has prioritized the principle of justice. In the process, there is a clear picture of the case that occurred so that the judge can determine and decide on the distribution of joint property following the Marriage Law Number 1 of 1974 and the Compilation of Islamic Law.]]>
<![CDATA[Studium Causa Pengangkatan Anak ]]>
<![CDATA[Siti Aulia Hardiyanti Hasana Amir]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 1 (2021): November ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (196.487 KB)
<![CDATA[The adoption of a child was initially based on social interests or needs which then required arrangements for social order. This study aims to identify and understand the process of adopting a child and to identify and understand the legal consequences of adopting a child with a stipulation from the Parepare Religious Court based on decision No.31/Pdt .P/2019/Pa.Pare. This research uses normative research with a statue approach and case approach. The results showed that the adoption process at the Parepare Religious Court was based on case study No.31/Pdt.P/2019/PA.Pare based on the Compilation of Islamic Law and Government Regulation Number 54 of 2007 regarding the implementation of child adoption. In the process, some provisions must be met in the trial so that the judge can approve the adoption of the child. The legal consequence for prospective adoptive parents is that prospective adoptive parents must be fully responsible for the child to be adopted.]]>
