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.
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<![CDATA[Kesalahpahaman Euthanasia Dalam Perspektif Human Rights dan Hukum Islam ]]>
<![CDATA[Muhammad Andri Alvian]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Euthanasia is a new breakthrough that has its own existence in the world of medicine. Euthanasia is meant to be the act of deliberately eliminating human life to end the suffering it experiences. This paper aims to provide an overview of euthanasia and describe misconceptions in euthanasia practice. The method used in this study is literature research, the main focus of this research is on normative approaches including Islamic law, as well as using secondary data from literature containing information about euthanasia itself. The results of this study show that there is a misunderstanding in the practice of euthanasia, starting from the concept of human rights that does not accommodate the right to die as contained in article 28I paragraph (1) of the 1945 NRI Constitution, the prohibition of killing intentionally or unintentionally in the Criminal Code and the code of ethics which is oriented towards the obligation of a doctor to protect the life of a patient. In addition, judging from Islamic law, eliminating life by euthanasia is a suicide attempt that is not justified in Islamic law, let alone containing a very complex hypocrisy.]]>
<![CDATA[Perlindungan Hukum Bagi Konsumen dari Peredaran Makanan Kedaluwarsa ]]>
<![CDATA[Erfan M]]>;
<![CDATA[Johamran Pransisto]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the form of legal protection for consumers against the circulation of expired food in Enrekang Regency and to find out the efforts made by the Government and the community in preventing the circulation of expired food in Enrekang Regency. secondary. The results of the study show that the form of legal protection for consumers of expired food products, especially in Enrekang District, Enrekang Regency, is the existence of a prohibition for business actors as regulated in Article 8 letter g paragraph (2) and paragraph (4). Apart from that, the form of legal protection for consumers is also contained in Article 7 of the UUPK which regulates the obligations of business actors, the form of legal protection can also be seen in Article 19 of the UUPK which regulates the responsibilities of business actors and the efforts made by the Government together with the community in preventing the distribution of expired food. in Enrekang District, Enrekang Regency, namely with the Government's responsibility to provide guidance to business actors and carry out joint supervision of Non-Governmental Organizations engaged in Consumer Protection by carrying out market operations or raids on cake shops and Mini Markets.]]>
<![CDATA[Penimbunan Bahan Bakar Minyak (BBM) Tanpa Izin yang Disubsidi Pemerintah dalam Persperktif Pidana ]]>
<![CDATA[Muhammad Aksah Sahudi]]>;
<![CDATA[Herman Balla]]>;
<![CDATA[Auliah Ambarwati]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the application of criminal sanctions against the perpetrators of the Hoarding of Fuel Oil (BBM) Without a Government Subsidized Permit based on the Case Study in Decision No. 266/Pid.Sus/2019/PN.Pli and To find out the judge's considerations in imposing a crime on the Crime of Stockpiling Oil Fuel (BBM) Without a Government Subsidized Permit based on the case study in Decision No. 266/Pid.Sus/2019/PN.Pli. This study uses a type of normative research with a statutory approach (statute approach) and approach (study) case (case approach). Sources of legal materials use primary legal materials and secondary legal materials. The results of the research show that the application of criminal sanctions against the perpetrators of the stockpiling of government-subsidized fuel oil (BBM) is based on the case study in decision No. 266/Pid.Sus/2019/PN.Pli the public prosecutor charged the defendant with alternative charges, namely Article 55, Article 53 letter b, and Article 53 letter c of Law Number 22 of 2001 concerning Oil and Gas, and the judge imposed criminal sanctions against the defendant based on the public prosecutor's third alternative indictment. The judge's considerations in imposing a sentence on the crime of hoarding fuel oil (BBM) without a permit subsidized by the government is based on the case study in decision no. 266/Pid.Sus/2019/PN.Pli namely by looking at aspects of juridical considerations including witness statements, evidence, and the defendant's statement resulting in legal facts that were revealed in court then the judge considered the elements contained in Article 53 letter c of the Law -Law Number 22 of 2001 concerning Oil and Natural Gas to impose a sentence on the defendant, and the judge considers aggravating and mitigating circumstances for the defendant.]]>
<![CDATA[Praktik Oper Penumpang Angkutan Bus Antar Kota ]]>
<![CDATA[Muhammad Rifqy Rusliyadi]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the factors that cause city transport passenger shift activities within the province at Lumpue Parepare type A terminal and to find out the legal review of passenger shift activities at Lumpue Parepare type A terminal. This research uses normative and empirical research with a statutory approach and a case passenger; Transport; Terminal. study approach, the data collection techniques used are observation, interviews, and documentation. Types and sources of data using primary data, secondary data, tertiary data, and data analysis were examined qualitatively and descriptively. The study's results show what factors cause the activity of passing city transport passengers within the province at the type A terminal of Lumpue Parepare. The first is the loss experienced by bus transportation when it carries a few passengers or beyond the maximum target sea it carries. The second is bus routes. The third is that the bus violates itself outside the terminal which the driver carries out, while inside the terminal it is a passenger movement, not a passenger transfer activity. Fourth, the condition of the bus is not roadworthy for travel, and a legal review of passenger transfer activities at the Lumpue Parepare type A terminal, namely agreement law, consumer protection law, and transportation law.]]>
<![CDATA[Analisis Mashlahah Terhadap Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 ]]>
<![CDATA[Wiwin Wiwin]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This article discusses the Constitutional Court's Decision No. 22/PUU-XV/2017 which equalizes the age limit for marriage in Indonesia. The article employs a normative legal research method with a focus on legislation, analytical, conceptual, and maslahah approaches. The research findings indicate that Constitutional Court Decision No. 22/PUU-XV/2017 is based on philosophical, juridical, and sociological considerations, emphasizing the importance of equal age limits for marriage in Indonesia. Consequently, the phrase "age 16" in Article 7, Paragraph (1) of Law No. 1 of 1974 concerning Marriage is deemed inconsistent with the 1945 Constitution. The equalization of age limits for marriage in Constitutional Court Decision No. 22/PUU-XV/2017 encompasses aspects of maslahah, such as protecting the rights of women who have been marginalized due to differing age limits for marriage between men and women. Moreover, Constitutional Court Decision No. 22/PUU-XV/2017 also promotes the maslahah of gender equality in the legal regulation of marriage in Indonesia.]]>
<![CDATA[Kajian Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika ]]>
<![CDATA[Nurdia Nurdia]]>;
<![CDATA[Herman Balla]]>;
<![CDATA[Suardi Suardi]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The purpose of this research was conducted: To find out the judge's considerations in passing a decision on the crime of narcotics abuse, decision number: 19/Pid.Sus/2022.PN.Enrekang; & To Know the Application of Material Criminal Law Against the Crime of Narcotics Abuse Against Decision Number: 19/Pid.Sus/2022.PN.Enrekang. The type of research used is Normative Legal Research. The results of the study: As for the legal considerations by the Judge of the crime regarding Every Narcotics Abuse of Group I for himself is punished with a maximum imprisonment of 4 (four) years in decision Number: 19/Pid.Sus/2022.PN.Enrekang, in dropping the sentence was appropriate because the Judge had considered several things, both in terms of Juridical Facts and Subjectively which included accountability for the actions committed with the consideration that when carrying out his actions, the defendant was aware of the consequences. In addition to the above, the Judge also did not see any justification or excuse that could eliminate the unlawful nature of the Defendant's actions. The Panel of Judges saw that the things that were aggravating were that the Defendant's actions did not support the Government's program to eradicate the distribution and use of Narcotics illegally, the Defendant's actions could damage himself and other young people, and the Defendant had been convicted before; & Application of material criminal law by judges against criminal acts regarding Every Narcotics Abuser Group I for himself is sentenced to imprisonment for a maximum of 4 (four) years in the Decision mentioned above, and it is appropriate for the Public Prosecutor to use 2 (two) charges, namely: Primary Article 112 Paragraph of Law No. 35 of 2009 concerning Narcotics in conjunction with Article 132 (1) of Law No. 35 of 2009 concerning Narcotics, and Subsidiaries of Article 127 paragraph (1) of the Narcotics Act No. 35 of 2009 about Narcotics. Among the elements of the two articles charged by the Public Prosecutor, what has been proven legally and convincingly guilty is Article 127 Paragraph (1) letter of Law No. 35 of 2009 concerning Narcotics where the acts and elements of the Articles match each other.]]>
<![CDATA[Kajian Yuridis Pengesahan Perkawinan di Pengadilan Agama ]]>
<![CDATA[Siti Mardhatilla Habiba K]]>;
<![CDATA[Muh. Sabir Rahman]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to determine the judge's legal considerations for the legalization of marriage (isbat nikah) based on decision no. 189/Pdt.P/2021/PA.Pare, and application of judge's law to the legalization of marriage (isbat nikah) based on decision no. 189/Pdt.P/2021/PA.Pare. This research uses a type of normative research with a statutory approach and a case study approach, the data collection techniques used are observation, interviews, and documentation. The types and sources of legal materials use primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that determining the case for a marriage certificate by the judge in decision No. 189/Pdt.P/2021/PA.Pare by the applicants Hriyandi bin H. Abd Rahman and Khofifah Nur Syahrah bint Hasbulla were declared legally valid. The marriage of the applicants is following Islamic law and has fulfilled the provisions of Article 14 to Article 30 of the Compilation of Islamic Law regarding the terms and pillars of marriage.]]>
<![CDATA[Peran Penyidik Kepolisian dalam Penanganan Tindak Pidana Kekerasan dalam Rumah Tangga ]]>
<![CDATA[Andi Suhartini]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Herman Balla]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted with the aim of knowing the role of police investigators in handling criminal acts of domestic violence in Sidenreng Rappang district. And to find out what obstacles are faced by police investigators in handling criminal acts of domestic violence in Sidenreng Rappang district. Type of Research The type of research used in this paper is Normative-Empirical research. The results of the study show that the role of Police Investigators from the Sidenreng Rappang Police in resolving domestic violence crimes in Sidenreng Rappang Regency can be done in two ways, namely through the Family Process (Penal Mediation); and through the legal process (Penal Policy). The Obstacles Faced by Police Investigators in Completing Domestic Violence Crimes in Sidenreng Rappang Regency are Obstacles in Regulations Related to Penal Mediation; Obstacles in the Legal Process; Barriers from the victim; Obstacles From Actors; Barriers from the Family; and Obstacles From the State.]]>
<![CDATA[Perlindungan Hukum Nasabah atas Penggunaan E-Banking ]]>
<![CDATA[Pakhry Nugroho Kadari]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research is a normative legal research. This research will examine the principles, legal concepts and laws and regulations related to the legal protection of bank customers for the use of Internet-Banking. In order to obtain research materials, the research will be carried out by means of a literature study that examines legal materials. Legal materials as research materials are taken from library materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials and non-legal materials obtained in this study will be analyzed prescriptively with the deductive method. The results of this study indicate that forms of legal protection for users of internet banking services can be seen from several provisions, namely Law No. 8 of 1999 concerning consumer protection. However, it is very regrettable that some of these provisions have not been good enough in providing legal protection for consumers who use internet banking because law enforcement has not been implemented. Thus, the legal protection that is expected to be enjoyed by the community does not and/or has not occurred. And law no. 8 of 1999 concerning consumer protection, some of its rules still have many weaknesses and shortcomings, namely the lack of relevance of the rules to current legal issues, especially those related to technology.]]>
<![CDATA[Kajian Yuridis Putusnya Perkawinan Akibat Cerai Gugat ]]>
<![CDATA[Yolanda Tresna Dian A]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Muh. Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 10 No 2 (2023): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This study aims to find out the legal considerations of judges in deciding a marriage due to divorce in the Religious Court of Parepare City (Case Study Number 123/Pdt.G/2022/PA.Pare). Parepare City Religion. This research uses a normative research type supported by a statutory approach and a case study approach, the types and sources of data using primary data, secondary data, tertiary data, and data analysis are examined qualitatively and descriptively. The results of the study show that the judge's legal considerations in breaking up a marriage due to divorce were sued at the Parepare Municipal Religious Court Number 123/Pdt.G/2022/PA.Pare is correct and correct, where the basis for the judge's consideration is that the plaintiff and the defendant have separated residence for 6 years and 8 months until now the plaintiff left the place shared residence and since the house separated between the plaintiff and the defendant there has been no communication and no visiting each other and there is no maintenance from the defendant to the plaintiff, that during the trial, the plaintiff was determined to separate from the defendant, and the factors that led to the breakup of the marriage due to divorce sued in Parepare City Religious Court, namely: Internal factors, namely economic factors, not being given a living, disputes and constant bickering, external factors, namely the factor of infidelity or the presence of other ideal women, the interference of parents and drunkards or gamblers.]]>
