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Muh. Akbar Fhad Syahril
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Jl. Andi Sapada No. 11 Kelurahan Sumpang Minangae, Kec. Bacukiki Barat, Kota Parepare 91122, Indonesia
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INDONESIA
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 9 Documents
 1 
Search results for , issue "Vol 10 No 4 (2023): Agustus" : 9 Documents clear
Penyelesaian Tindak Pidana Penganiayaan Melalui Diversi Sri Yuliana; Pathillah Asba; Bakhtiar Tijjang
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

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.
Kajian Yuridis Terhadap Penguasaan Tanah Secara Melawan Hukum Resa Mahendra; Kairuddin Karim; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out the basic material legal considerations of the Court Judge in deciding the case Case Number 2/Pdt.G/2020/PN.Sdr and to find out the application of the Judge's Law in Case 2/Pdt.G/2020/PN. Sdr. The research method used in this writing is the type of research used in this research is normative research. Normative legal research is research conducted using an approach to legal norms or substances, legal principles, legal theory, legal arguments and comparative law, where the orientation of normative legal research is Law In Books, namely observing legal reality in various legal norms or rules that have formed. The results of the study show Legal considerations of unlawful acts disputes in the Sidenreng Rappang District Court Decision, occurred because of the transfer of land rights carried out by Hj. Nurliah Kamal committed an unlawful act against her over the object of the dispute, by making a Death Certificate from her family on behalf of H. P. Dali, and a Death Certificate on behalf of H. P. Camming, marked T-3; over the object of dispute which is used as evidence, but cannot be recognized as legal evidence of ownership by the Sidenreng Rappang District Court by taking into account the provisions of Article 163 HIR/283 RBg, the Civil Code, and all laws and regulations related to a case; Application of the Judge's law in Mastery of the disputed object Stating according to law that the actions of the Defendant controlling the land of the object of dispute belonging to the Plaintiff and not wanting to hand over the object of dispute to the Plaintiff are unlawful acts, according to the Decision of the Sidenreng Rappang District Court Number 2/Pdt.G/2020/PN.Sdr.
Hakekat Peraturan Pemerintah Pengganti Undang-Undang (PERPPU) Dalam Peraturan Perundang-Undangan di Negara Republik Indonesia Asti Dwiyanti
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study is intended to investigate the size or reason for the issuance of a PERPPU by the President, as well as the nature or content of a state crisis that creates a convincing state of emergency. This research uses the Literature Review Comparative Study procedure, using secondary information. In granting the PERPPU, the President's power appears to be "strong", no mediation can be carried out by any agency until the opportunity comes for deliberations in the DPR to decide whether the PERPPU is ratified or dissolved. This examination raises issues, first, what are the dimensions or reasons for the establishment of a PERPPU by the President? Second, what is the nature or content of the country's crisis that makes a state of emergency compelling? The inspection technique relies on essential and selected halal materials, assisted by written studies and using juridical methodologies. The consequences of closing the review are, first, the size or reason for the formation of a PERPPU by the President depends on very unexpected (strange) conditions or events from a country as a state crisis. Second, the nature or content of the country's crisis which makes it a convincing state of emergency consists of 3 (three) components, namely the first component is a dangerous hazard; second, the need component that requires, and third, the limited time component that can be accessed.
Implikasi Putusan Mahkamah Konstitusi Terhadap Sistem Peradilan Indonesia Arini Asriyani; Asti Dwiyanti
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The decisions of the Constitutional Court (MK) have a significant impact on the Indonesian justice system. The Constitutional Court is an institution tasked with overseeing and ensuring legal compliance with the state constitution. MK decisions are often an important reference in the formation of legal policies and changes in the justice system. some important implications of the Constitutional Court's decision on the Indonesian justice system. First, the Constitutional Court's decision can be a law or regulation not in accordance with the constitution, the decision becomes the basis for revising or abolishing unconstitutional laws. This can lead to changes in judicial practice and overall legal policy. Second, the Constitutional Court's decision can strengthen the protection of human rights. The Constitutional Court has the authority to examine the constitutionality of laws relating to human rights. If the Constitutional Court decides that a law violates human rights, the decision will encourage the enforcement of those rights and increase the protection of human rights in Indonesia. Furthermore, the Constitutional Court's decision can provide a new direction in the interpretation of the constitution. The Constitutional Court is often faced with complex and controversial issues involving the interpretation of the constitution. The Constitutional Court's decision in this case can provide new guidelines and interpretations of the constitution, which have the potential to change the understanding and application of law in Indonesia. Finally, the Constitutional Court's decision can strengthen the independence of the judiciary. The Constitutional Court has an important role in maintaining the balance of power between the executive, legislative and judicial institutions. The Constitutional Court's decision affirming the independence of the judiciary can strengthen the authority and role of the judiciary in carrying out its duties in a fair and neutral manner. The Constitutional Court's decision has significant implications for the Indonesian justice system. MK decisions can influence the interpretation and application of law, strengthen the protection of human rights, provide new directions in the interpretation of the constitution, and strengthen the independence of the judiciary. It is important for all legal and judicial stakeholders to pay attention to the Constitutional Court's decision and understand its impact on the Indonesian justice system.
Kedudukan Saksi Dalam Pembuatan Akta Notaris Muhammad Resky Dirgananda; Suardi Suardi; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was carried out aiming to find out the position and responsibilities of witnesses in making notarial deeds according to UUJN. As well as to find out the legal consequences that may arise if the witness does not maintain the confidentiality of the contents of the Notary Deed. The type of research used in this research is normative research. The results of the study show the position and responsibilities of witnesses in making notarial deeds according to UUJN. Namely the Legitimacy of an Authentic Deed through Formal Requirements, The position of a witness for a Notary deed is of course different from the position of a witness in general who is a witness who hears and/or sees an event that has occurred. civil liability, because this is in accordance with the elements in Article 1365 of the Indonesian Civil Code, with liability that obliges to compensate for losses suffered by one or several parties who feel aggrieved by the act. As well as the consequences for the witness if they do not maintain the confidentiality of the contents of the Notary Deed. According to the author, according to the author, the provisions regarding the obligation of witnesses to keep secret the contents of notarial deeds have added several paragraphs in Article 40 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. Article 170 paragraph (1) states that those who because of their work, dignity, or position are required to keep secrets, can ask to be released from the obligation to provide testimony as witnesses, namely regarding matters entrusted to them.
Perlindungan Hukum Terhadap Pemenuhan Hak Keselamatan dan Kesehatan Kerja Irwan Irwan; Saharuddin Saharuddin; Muh. Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to find out the rights of workers according to Law No. 6 of 2023 concerning Job Creation and to find out about Legal Protection for Occupational Safety and Health According to Legislation at PB Medina in Sidenreng Rappang Regency. The type of research used is the type of research used in this research is normative and empirical research or commonly known as legal research which combines the two. Based on the analysis of data and facts from research results and discussion, as follows: Some of the articles regulated in Law Number. 11 of 2020 concerning Job Creation has not sufficiently regulated the issue of labor rights. For example, those that regulate Work Agreements for a Specific Time (PKWT), wages, provincial or district/city minimum wages, serious errors in layoffs by workers/laborers, and the right to apply for labor if they feel disadvantaged. The Labor Law, which was 17 years old until the entry into force of the Job Creation Law, is currently unable to answer issues regarding labor rights and is considered very detrimental. The implementation of labor protection at Rice Milling Madina Sidenreng Rappang has been carried out by using the application of an occupational safety and health system. aims to provide security, safety, and health at work. The company protects all workers by providing work safety and security equipment and guidance regarding using PPE (Personal Protective Equipment). However, in practice, the application of OSH has not been carried out optimally, this is evidenced by the presence of workers/laborers who do not follow the SOPs applied by the company by not using personal protective equipment while working.
Kajian Yuridis Tindak Pidana Pencurian Dengan Pemberatan Bahtiar Bahtiar; Muh. Natsir; Herman Balla
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted with the following objectives to find out the application of material criminal law to the crime of theft by weighting in Decision Number: 263/Pid.B/2021/PN.PIN; and for the judge's consideration in deciding on the crime of theft with a weight in Decision Number: 263/Pid.B/2021/PN.PIN. The type of research used in this paper is the type of research used is Normative Legal Research which is legal research conducted by examining library materials or secondary data. Normative legal research is also known as doctrinal legal research. The results of the study: 1. The application of material criminal law by judges to Article 363 paragraph (1) to 4 of the Criminal Code in conjunction with Article 65 paragraph (1) of the Criminal Code. Where the actions and the elements of the Article match each other; 2. Legal considerations by the judge regarding accountability for the actions committed by the defendant with the consideration that at the time of committing his actions, the defendant was aware of the consequences, apart from the above, the judge also did not see any justification or excuses that could eliminate the unlawful nature of the act. Defendant.
Kajian Yuridis Tanda Tangan Elektronik Sebagai Alat Bukti yang Sah dalam Perspektif Hukum Acara Perdata Nasrul Nasrul
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The aim of this research is to determine the position and legal strength of electronic signatures as evidence. And to find out the resolution of civil disputes submitted by the parties using electronic document evidence signed with an electronic signature. The type of research used is Normative Juridical. The research results show that the recognition and legal force of electronic signatures as electronic documents in Indonesian evidentiary law is recognized for its essence after being regulated in the applicable laws and regulations. The resolution of civil disputes submitted by the parties using electronic document evidence signed with an electronic signature to resolve disputes resulting from non-fulfillment of agreements agreed upon by the electronic transaction actors, can be resolved through a lawsuit to the court, or through non-litigation institutions such as arbitration. , mediation, negotiation, in accordance with the agreement for resolving disputes due to non-fulfillment of the achievements agreed upon by both parties, in general resolving disputes regarding violations of the agreement, electronic transaction actors prefer to resolve disputes through non-litigation, because it is relatively cheaper, and the cost is not too expensive.
Kajian Kriminologis Bentuk Kekerasan Guru Terhadap Siswa Nasrul Nasrul; Wardaningsih Wardaningsih; Nur Hayati
Jurnal Litigasi Amsir Vol 10 No 4 (2023): Agustus
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research aims at what factors cause criminal acts of teacher violence against students in Parepare City, and to determine efforts to overcome the occurrence of criminal acts of teacher violence against students in Parepare City. This research uses normative-empirical research. The results of the research show that the factors causing violence perpetrated by teachers against their students at school are various, namely lack of supervision of student behavior from parents, violations accompanied by physical punishment, and the environment. And it is also tied to violence from a human rights perspective.

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