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Jurnal Litigasi Amsir
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 29639360     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 10 No 1 (2022): November" : 10 Documents clear
Pengaruh Penggunaan Gawai terhadap Pemenuhan Hak Tumbuh Kembang dan Bermain Anak Riska Ramadhani
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The use of gadgets in children can affect children's growth and development and play. In the child's growth and development, it will have an impact on the cognitive, physical, motor, emotional, social and language aspects of the child, while playing which is an important factor in the formation of a child's identity can be disrupted by the presence of gadgets. The sophistication of the features of the device distracts children, by providing favorite viewing options on the Youtube application, playing online games, using social media and learning tools. Excessive use of gadgets in children in fact has an influence on the fulfillment of children's rights, especially the right to a healthy body that will make optimal development and children's right to play. Lack of awareness of the role and responsibility of parents in providing the use of gadgets in children hampers the growth and development of children.
Membawa Lari Perempuan dalam Perspektif Hukum Pidana Muhamamad Natsir
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the application of the provisions of material criminal law to the crime of taking women away in the Unaaha District Court Decision Number 14/Pid.B/2011?PN.Unh and to find out the legal considerations in imposing criminal sanctions on the perpetrators of the crime of taking women away in the decision. Unaaha District Court Number 14/Pid.B/2011?PN.Unh. This research was conducted at the Unaaha District Court. The data collection method used was the library method and the interview method, and then the data obtained were analyzed qualitatively. The results showed that (1) the application of the provisions of the material criminal law against the crime of taking women away in the Unaaha District Court Decision Number 14/Pid.B/2011?PN. Unaha, the prosecutor should not only apply Article 332 paragraph 1 of the Criminal Code in making the indictment but also applies Article 81 of Law Number 23 of 2002 concerning Child Protection. (2) Legal considerations in imposing criminal sanctions on perpetrators of the crime of taking women away in the decision of the Unaaha District Court Number 14/Pid.B/2011?PN.Unh, the judge should have sentenced not only 10 (ten) months in prison if it was based on the minimum criminal limit prison as regulated in Article 81 of Law Number 23 of 2002 concerning Child Protection.
Antinomi Penerapan Presidential Threshold Dalam Sistem Pemilu Presiden dan Wakil Presiden M Syaiful
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

General elections are the most important institution for the fulfillment of the three basic principles of democracy in a government in the form of a republic, namely, people's sovereignty, the legitimacy of government, and regular changes of government. After going through a long journey, setting the limits for the candidacy of the president and vice president has now been stipulated in Article 222 of Law Number 7 of 2017, this limit setting for the candidacy will apply in the Indonesian presidential and vice-presidential election system, but whether with the existence of the law won't cause problems later on? This is also related to what the Presidential Threshold means, and its regulation in laws and regulations. What are the pros and cons of the current Presidential Threshold system? This study aims to understand the effect of the use of gadgets on the fulfillment of children's rights to growth, development, and play. The research method used in this study is a normative approach supported by various library materials, such as reading literature in the form of philosophy books, philosophy journals, online articles, media, and papers. Studies focus more on comparative studies by prioritizing the dialectical process. In addition, the discussion in this article will be arranged systematically, in line with general scientific norms. The presidential threshold setting based on the General election Law has ineffectiveness which contains pros and cons in its implementation, especially in simultaneous general elections. This ineffectiveness is due to namely: contradictions with the amendments to the 1945 Constitution, the injustice of new political parties for general election participants, and the weakening of the presidential system in Indonesia. Based on this, it is necessary to abolish Article 222 of Law Number 7 of 2017 so that implementation follows the principles of a democratic country.
Pembelaan Diri Kepolisian Terhadap Pelaku Kejahatan yang Melakukan Perlawanan Iswandy Rani Saputra
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted to find out how police discretion forms against criminals who resist and to find out how the Indonesian National Police carry out the factors that influence police discretion. The type of research used in this research is normative and empirical research. Normative research is an approach that is carried out by analyzing applicable laws, theories, and written concepts related to the problems to be studied. In contrast, empirical research is research carried out with field data as the primary data source, such as the results of interviews and observations. The results of this study indicate that the Use of Police Discretion must refer to laws and regulations both in the Police Act and the Protap Kapolri Number 1 of 2010 concerning the prevention of anarchism, where the police can take decisive action in the form of shots that can paralyze the perpetrators if the actions of the perpetrators can harm members police and society. The use of discretion is not an authority. Still, police actions must be accounted for based on applicable laws and norms and the factors that cause police discretion to be exercised. Namely, the perpetrators do not heed the appeals of members in the field, such as warning shots and calls to surrender, or the perpetrators put up resistance against members of the community or the community. who was at the scene.
Implementasi Penegakan Hukum Tindak Pidana Pembalakan Liar Muh. Fadli Faisal Rasyid; Saharuddin Saharuddin; Ilham Umar
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Analisis Terhadap Pelaksanaan Putusan (Eksekusi) Perkara Perdata Phireri; Muhammad Sabir Rahman; Delvi Paluaran; Andi Fauzan Makmur
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The purpose of writing this article is to determine how to implement civil case decisions that have permanent legal force (in Kracht van gewijsde). And non-judicial and juridical obstacles can occur during the implementation of case decisions. The method used in this writing is a normative legal research method using an analytical approach by analyzing legal principles, legal principles, and the existing legal system in laws and regulations. It is supported by secondary data from research and scientific results. The results of the study show that the procedures for implementing civil case decisions that have legal force are still carried out by district courts which in practice often encounter several obstacles, such as juridical obstacles in the form of PK or judicial review submitted by the respondent for execution to the Supreme Court and the presence of Derden Verzet submitted by a third party. as resistance put forward before execution. And non-juridical obstacles such as changing hands of the object of execution or the object of execution no longer belonging to the death row convict. And as prevention of obstacles that will occur, the District Court can ask for assistance from law enforcement officials such as the TNI and Polri so that the execution procedure in its implementation can run smoothly and no one obstructs the execution process.
Korupsi di era Pandemi Covid-19 Ardiyanti Aris
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find the factors that cause corruption crimes during the Covid-19 pandemic and forms of corruption prevention during the Covid-19 pandemic. This research uses normative research with a statutory approach and a comparison approach. Types and sources of legal materials use primary, secondary, and tertiary legal materials. Data analysis will be studied with deductive logic reasoning because normative legal research uses logical analysis, argumentation, and perspective, so this research is qualitative. The results showed that legal factors could cause corruption crimes during the Covid-19 pandemic because there are weaknesses in laws and regulations, including inadequate quality legislation, lenient sanctions, and inconsistent and indiscriminate execution of penalties. The form of preventing corruption crimes during the Covid-19 pandemic is by increasing supervision to minimize the opportunity for corruption behaviour to occur following the KPK Circular Letter KPK Number 8 of 2020 related to the prevention of corruption crimes and government officials should have an appropriate attitude as a government official to guarantee transparent and accountable implementation in realizing good government.
Status Ahli Waris Janda Terhadap Hak Penerima Testamen Saharuddin Saharuddin
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Saharuddin,Status of the Widow's Heirs Against the Rights of Testament Recipients This study uses a normative research type with a statute approach. Types of sources of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the widow in inheriting the abintestato is the same as the position of the child, both are classified into group 1 (one). While in testamentair inheritance the position of a widow (wife) is not the same as that of a child, this is because the child has its own absolute share while the widow (wife) does not have its own absolute rights. Regarding the part that the widow (wife) gets, it lies in the number of statements left by the heir, the more testaments, the less or none at all received by the widow (wife).
Transaksi Trapeutik Sebagai Pertanggungjawaban Dokter Terhadap Pasien Muhammad Darwis; Rahmat Amir
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted to know the legal relationship between doctors and patients in accordance with the laws and regulations at the Barru Regional General Hospital and to find out the Legal Responsibilities of Doctors in Therapeutic Transactions with Patients at the Barru Regional General Hospital. The type of research used is normative or dogmatic research, using juridical and empirical approaches through interview formats. The results of the analysis of the data and facts found in the field, the authors are of the view that, the legal relationship between doctors and patients at the Barru Regional General Hospital, that what is stated in the therapeutic agreement is only an agreement between the doctor and the patient in the abstract. The primary responsibility of health workers (doctors, hospitals and other health workers) is an unlawful act (onrechtmatige daad). A doctor has acted against the law because his actions contradict the principles of decency, thoroughness and caution expected of him in dealing with fellow citizens. The author's recommendations for doctors at the Barru Regional General Hospital should have responsibility for explaining and providing understanding to patients or to the patient's family regarding the medical actions that will be carried out for the patient's recovery and for the community or the patient and the patient's family it is hoped that they will try to find out what becomes their rights as citizens with Treupatic Transactions carried out at hospitals or doctors before handling patients at the hospital.
Penegakan Hukum Terhadap Pelaku Tindak Pidana Penipuan Investasi Melalui Media Internet Suardi Suardi; Patahillah Asba; Muh. Nur Iksan
Jurnal Litigasi Amsir Vol 10 No 1 (2022): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and analyze how the law applies to court decisions given to online fraud perpetrators. This research is normative. The data collection in this study was library research (literary analysis) and was supported by interviews (interviews) supporting data and qualitatively analyzed. This research was conducted in Sidrap Regency, precisely at the Sidrap District Court Office, by seeking information related to the issues discussed in this decision to facilitate discussion and completion of writing. This research was conducted using the method of interviews with Judges of the Sidrap District Court and a literature study using references relevant to the problems in the author's thesis. Therefore law enforcement regarding this fraud crime can still be accommodated by the Criminal Code and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions. Furthermore, obstacles in law enforcement against criminal acts of fraud based on electronic transactions are still influenced by five factors: legal factors, law enforcement factors, facilities and facilities that support law enforcement, community factors and cultural factors.

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