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
129 Documents
<![CDATA[Makna Keadilan Pada Ketentuan 2:1 (Dua Banding Satu) Dalam Konsep Waris Islam ]]>
<![CDATA[Sarpika Datumula]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research aims to provide valuable information about the understanding and concept of justice that exists in Islamic law where in its discussion focuses on discussing whether the difference in acceptance between male heirs and female heirs has fulfilled the concept of justice in the Islamic inherition system or has different thoughts. The results show that in Islamic law, the essence is that one's faith does not affect the definition, in the sense that everything that is established is just by Allah SWT. Justice is not entirely dependent on human reasoning, for justice itself is always changing from one society to another. Although in the end the diversity of the inheritance division system and the absence of a single legal entity that is a reference for the people in applying the law of inheritance in the community becomes one of the causes of the assumption 2:1 may change in accordance with the law chosen to be applied in terms of the division of inheritance. That this assumption is triggered from the thought that today women do not rule out the possibility of becoming the backbone in the family. Keywords: concept of justice, Islamic inheritance, inheritance section 2:1.]]>
<![CDATA[Lontara: Antara Religiusitas dan Kepercayaan ]]>
<![CDATA[Patahillah Asba]]>;
<![CDATA[Andi Andra Susastra]]>;
<![CDATA[Khaerul Mannan]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[In general, the Bugis-Makassar people have known a belief before knowing Islam. Their belief is called attorioloang, and in some places, they call it attorioloang. In general, Bugis-Makassarese people have known a belief before knowing Islam. Their belief is called attorioloang, and in some places, they call it attorioloang. This research aims to find out the extent of the influence of Religion and Belief from Lontara's point of view. The results of the study show that the diversity and belief of the Bugis-Makassar people, which is identical to Islam, is still full of syncretism practices between Islamic and pre-Islamic teachings. This belief is sometimes associated with sacred places such as Mount Bawakaraeng in Gowa or Bulu' Iowa in Amparita (Sidrap). Some esoteric texts, which are highly sacred by their adherents, contain teachings that marry Islamic Sufism with the concept of divinity (theology) and the concept of the pre-Islamic Bugis-Makassar universe (cosmology).]]>
<![CDATA[Penipuan dan Restorative Justice dari Perspektif Kriminologi ]]>
<![CDATA[Muh. Naim]]>;
<![CDATA[Patahillah Asba]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[This research was conducted to know the application of Restorative Justice in Fraud Cases at the Sidenreng Rappang Police and to find out the obstacles in the implementation of Restorative Justice at the Sidenreng Rappang Police. This research uses a normative-empirical type of research. The results of the study show that crime is seen as an act that harms others and damages social relationships. In contrast to criminal law which has withdrawn crime as a state problem and only the state has the right to punish, although indigenous communities can provide sanctions and the settlement of criminal cases of fraud through restorative justice at the Sidenreng Rappang Police does not abolish criminal acts because the case is only terminated by investigating reasons for not finding sufficient evidence. The termination of the investigation is stated in the Decision Letter on the Termination of Investigation which is followed up by the Order of Termination of Investigation (SP3). The SP3 can be reopened at any time if it is submitted for pre-trial by one of the parties so that with the order of a court decision, investigations of criminal acts of fraud whose investigations have been stopped can be reopened.]]>
<![CDATA[Eksplikasi Mediasi Terhadap Perkara Perceraian ]]>
<![CDATA[Muh. Syafwan Sikri]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Mediation is a method of resolving disputes through a negotiation process to obtain an agreement between the Parties with the assistance of a Mediator. This study aims to determine and understand the effectiveness of mediation on the settlement of divorce cases at the Religious Courts of Sidenreng Rappang Regency and to find out and understand the form and process of mediators regarding Divorce at the Religious Courts of Sidenreng Rappang Regency. This study uses normative and empirical research. The results show that the implementation of mediation in divorce cases at the Religious Court of Sidendereng Rappang does not work effectively due to several factors. The factors that hinder the divorce mediation process at the Religious Court of Sidenreng Rappang Regency include the legal culture of the people who have litigations at the Sidenreng Rappang Religious Court, and the lack of understanding of the court as a place to seek justice, and the low culture of the community to make peace.]]>
<![CDATA[Gugatan Sederhana Dalam Proses Beracara ]]>
<![CDATA[Herul]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Abdillah AR]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): 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 rules that were changed in the Supreme Court Regulation Number 2 of 2015 after the issuance of the Supreme Court Regulation Number 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits and to find out the process of proceedings for simple lawsuits based on Supreme Court Regulation Number 4 of 2019 concerning Simple Lawsuit Settlement Procedures. This research uses normative legal research, using a research approach, namely the statute approach or juridical approach. Research results in The legal substance that was amended in Perma Number 2 of 2015 After the issuance of Perma Number 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits, such as the amount of the value of the material lawsuit, the domicile of the defendant, regarding the use of electronic administration, regarding the presence of the parties in the trial, regarding the placement confiscation of guarantees, concerning claims which were acknowledged and refuted by the defendants, concerning decisions which were not objected to and concerning the determination of security (execution).]]>
<![CDATA[Penanganan Tindak Pidana Desersi Anggota TNI-AD yang ditangani oleh Polisi Militer ]]>
<![CDATA[Dwi Ratnasari]]>;
<![CDATA[Muhammad Sabir Rahman]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 4 (2022): Agustus ]]>
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 rules that were changed in the Supreme Court Regulation Number 2 of 2015 after the issuance of the Supreme Court Regulation Number 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits and to find out the process of proceedings for simple lawsuits based on Supreme Court Regulation Number 4 of 2019 concerning Simple Lawsuit Settlement Procedures. This research uses normative legal research, using a research approach, namely the statute approach or juridical approach. Research results The legal substance that was amended in Perma Number 2 of 2015 After the issuance of Perma Number 4 of 2019 concerning Procedures for Settlement of Simple Lawsuits, such as the amount of the value of the material lawsuit, the domicile of the defendant, regarding the use of electronic administration, regarding the presence of the parties in the trial, regarding the placement confiscation of guarantees, concerning claims which were acknowledged and refuted by the defendants, concerning decisions which were not objected to and concerning the determination of security (execution).]]>
<![CDATA[Isbat Nikah dalam Undang-Undang Perkawinan ]]>
<![CDATA[Nopitasari]]>;
<![CDATA[Kairuddin Karim]]>;
<![CDATA[Muhammad Akbar Fhad Syahril]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[The opportunity for marriage itsbat is one of the means for perpetrators or irresponsible persons who violate the marriage law. This study aims to determine the position of marriage itsbat according to Law Number 1 of 1974. This study uses a normative research type with a statutory approach and a case study approach, the data collection techniques used are interviews and documentation. The results of the study indicate that the application for ratification of marriage itsbat by the judge in the determination of Number 74/Pdt.P/2021/PA.Pare by the applicants is declared valid according to law. Marriage between husband and wife to legalize their marriage following Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage that the marriage is legal according to law]]>
<![CDATA[Legitime Portie dalam Pemberian Hibah Wasiat ]]>
<![CDATA[Nurul Aqidatul Izzah]]>;
<![CDATA[Saharuddin Saharuddin]]>;
<![CDATA[Bakhtiar Tijjang]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): 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 provisions in the Civil Code regarding the granting of wills that violate the legitime portie. And to find out the legal consequences of granting a will that violates the legitime portie. This research uses normative research with a statutory approach, and sources of legal materials use primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the provisions regarding the provision of will grants in the Civil Code that the distribution of inheritance or grants are given to lower heirs or upper heirs as stipulated in the law and do not violate the absolute part (legitime portie) that has been regulated in the Civil Code. The legal consequences that occur when the granting of a will violates the legitime portie, namely an incorting and also the implementation of a testamentary grant. Incorting is carried out by prosecution by the heirs. Meanwhile, if the legitimate heir does not file an objection, then the act of grant that violates the absolute part (legitime portie) is considered still valid and carried out.]]>
<![CDATA[Mitologi dalam Perkawinan Adat Suku Jawa dengan Suku Sunda ]]>
<![CDATA[Auliah Ambarwati]]>;
<![CDATA[Fandy Kusuma Faizal]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): 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 extent to which the mythological truth about the prohibition of marriage between the Sundanese and the Javanese. The method used is a juridical normative research, with a conceptual approach. The results of the study show that the discourse or myth regarding the Sundanese people who are not allowed to marry the Javanese is a historical story that has become multi-interpreted. Do not let us be consumed by issues that are not clear, so that it will damage the future of the nation's next generation. It needs to be instilled in each other's identity in accordance with the motto of our country which means that even though they are different, they are still one. Matters of mate, death and sustenance are divine secrets. It is the will of God who created this Universe.]]>
<![CDATA[Kedudukan Hak Asuh Anak Akibat Cerai Hidup ]]>
<![CDATA[Andi Arizal Sastra Tjandi]]>;
<![CDATA[Aksah Kasim]]>;
<![CDATA[Andi Heridah]]>
<![CDATA[ Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari ]]>
Publisher : <![CDATA[Faculty of Law Andi Sapada Institute of Social Sciences and Business ]]>
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<![CDATA[Child care is basically the responsibility of both parents. This includes various things: economic problems, education and everything that becomes the basic needs of children. The method used is juridical normative research. The results showed the position of custody of children after the divorce lived in the Parepare Religious Court, namely divorced parents remain obliged to care for, protect, and finance the child until the child is an adult. And the judge's consideration in granting child custody in the Parepare Religious Court is based on Law No. 1 of 1974 on Marriage and compilation of Islamic law and also considers the ability of parents in caring for and child care and considering various factors for the best interests of the child.]]>
