cover
Contact Name
Muh. Akbar Fhad Syahril
Contact Email
juliafhandisapada@gmail.com
Phone
+6281297221194
Journal Mail Official
juliafhandisapada@gmail.com
Editorial Address
Jl. Andi Sapada No. 11 Kelurahan Sumpang Minangae, Kec. Bacukiki Barat, Kota Parepare 91122, Indonesia
Location
Kota pare pare,
Sulawesi selatan
INDONESIA
Jurnal Litigasi Amsir
ISSN : -     EISSN : 29639360     DOI : -
Core Subject : Humanities, Social,
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 129 Documents
Carut-Marut Izin Pemasangan Reklame di Kota Makassar Anisah Daeng Tarring
Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

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.
Studium Causa Putusan Hakim mengenai Perkara Perceraian Akibat Kekerasan dalam Rumah Tangga Saharuddin Saharuddin; Muh. Fadli Faisal Rasyid
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Domestic violence is common in Indonesian society, but victims of domestic violence in the case of a wife who is a victim even though it cannot be denied that the husband can be the victim, very rarely the case is criminally reported, the victims are more choose to end the problem with divorce. This research was conducted aiming to find out the application of Law No. 23 of 2004 concerning PKDRT is still weak in efforts to protect the rights of women and to know the basics of judges' considerations in deciding divorce cases due to domestic violence. A person's reason for filing for divorce must be legal, as permitted under Law No. 1 of 1974, Governing Law No. 9 of 1975 and Compilation of Islamic Law.
Penerapan Hukum Terkait Pembagian Harta Gono-Gini Akibat Perceraian Ismail Candra; Patahillah Asba; Herman Balla
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
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 law related to the division of gono gini property after divorce in case decision No. 273/Rev.G/2019/PA. Sidrap. This research uses a normative-empirical type of legal research. The results of the study showed that the application of the law related to the division of gono gini property after divorce in general and based on the judgment of case No. 273/Rev.G/2019/PA. Sidrap in particular, where in the concept of common property there are several binding principles, namely 1. Property acquired during marriage; 2. Not looking at whose side is working, whether it is husband or wife; 3. Do not question on whose behalf the property or goods are; 4. Each party's share of the common property is half of the total property so long as during the marriage both parties carry out their respective obligations; 5. Mixing.property.acquired either by husband.wife.as long as.the marriage is lived into common property (property.syirkah) can be excluded in a marriage agreement (huwelijke voorwaarden).
Kajian Hukum Pencurian dengan Kekerasan Harianto Harianto; Muhammad Natsir; Muhammad Akbar Fhad Syahril
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This research was conducted with the aim of identifying and analyzing the factors causing the occurrence of the criminal act of theft with violence, as well as finding out and analyze the application of the law on the crime of theft with violence (Case Study Decision No.147/Pid.B/2020/PN.Pinrang). This research uses normative and empirical research. The cause of the crime of theft with violence There are two underlying factors, namely the education factor, and the parent's income factor. The application of the law to the crime of theft with violence committed by children in the Case Study Decision No. 147/Pid.B/2020/PN.Pinrang starting from the position of the case, the indictment of the public prosecutor, the demands of the public prosecution, and the judge's decision so that Cakra Bin Hasan was rightly proven guilty of committing the crime of theft accompanied by violence, and the decision was good at the formal point of view and the material is in accordance with the applicable provisions.
Simplifikasi Ahli Waris Testamentair atas Pembagian Harta Warisan Terhadap Janda Kairuddin Karim
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the distribution of inheritance for widows according to the Criminal Code/B.W. and to find out the influence of the heirs of the will on the distribution of inheritance to the widows. The research method used is normative legal research. The results showed the influence of the heirs of the will on the distribution of inheritance to the widow in the inheritance of the will, the position of the widow (wife) is not the same as the position of the child, this is because the child has his own absolute right. the share while the widow (wife) does not have an absolute share of her own, the absolute share is called legitimie portie, related to the share obtained by the widow (wife) lies in the number of wills left by the heirs, the greater the number. of the will, the widow (wife) will receive less or nothing, but if the number of wills is small, the widow (wife) can have a share of the rest of the inheritance.
Diversi: Anak yang Berhadapan Dengan Hukum Herman Balla
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This Research discusses diversion implementation by the police station of Sidenreng Rappang as the alternative to resolving criminal cases of children in conflict with the law. As for that to be special-purpose from this research: the first, describe the diversion implementation as the alternative resolving criminal case children in conflict with the law; the second, Describe the form of diversion as mediation penal that implementation in Sidenreng Rappang Police station; the third Conclude any obstacles faced in diversion implementation as the alternative resolving criminal case children in conflict with the law of Sidenreng Rappang Police station. The result of this research is the implementation of diversion can be more optimal. In case to solve the problem of children especially child crime for guarantee legal certainty for children in conflict with the law. This process usually settles out of court, that is through diversion based on the approach of restorative justice in the Sidenreng Rappang region. Therefore, not many children have required to carry out criminal liability should the age children get construction according to their age.
Efektifitas Ketentuan tentang Roya pada Jaminan Fidusia Kendaraan Lia Trizza F.A
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine and analyze the effectiveness of the application of the rules regarding Notification of Elimination of Fiduciary Guarantee Certificates and their sanctions as stipulated in Article 16 paragraph (2) and Article 17 paragraph (2) of Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Fees for Making Deeds. Fiduciary Guarantee, as well as Article 19 paragraph (2) and Article 20 paragraph (2) of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 25 of 2021 concerning Registration of Fiduciary Guarantee, Change of Fiduciary Guarantee Certificate and Elimination of Fiduciary Guarantee Certificate, especially regarding the abolition of Fiduciary Guarantee with a motor vehicle guarantee object. This research is normative legal research using a statutory approach, a case approach, and a conceptual approach. The results of the study show that there are several ways to eliminate fiduciary guarantees based on the provisions of Article 16 paragraph (1) PP Number 21 of 2015 and Article 19 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 25 of 2021. namely because of the elimination of debt guaranteed by fiduciary rights, release of fiduciary security rights by fiduciary recipients, or destruction of objects that are objects of fiduciary guarantees. If the fiduciary guarantee has been canceled, then 14 (fourteen) days from the date of the fiduciary guarantee must be notified to the Minister. Based on the notification of elimination, the fiduciary guarantee is declared to have been confiscated or removed from the fiduciary guarantee list and a certificate of elimination will be issued stating that the relevant Fiduciary Guarantee Certificate is no longer valid.
Analisis Terhadap Pelaksanaan Izin Lingkungan Reklamasi Pantai Manakkara Mamuju Muhammad Al Habsy Ahmad; Ina Marselina
Jurnal Litigasi Amsir Vol 9 No 2 (2022): Februari
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Reclamation is a form of human intervention in the balance of the natural environment which is always in a state of dynamic balance. This change gives birth to ecosystem changes such as changes in current patterns, erosion and coastal sedimentation which have the potential to increase the risk of flooding. This study aimed to obtain an overview of the procedure for issuing an environmental permit for the reclamation of the Manakarra Mamuju beach and the mechanism for implementing the environmental permit for reclamation in the coastal area of Manakarra Mamuju according to Law Number 32 of 2009 concerning Environmental Protection and Management. This research was conducted in Mamuju Regency. The data collection method used is the library method, and the interview method then the data obtained is analyzed qualitatively and then presented in a descriptive normative manner, namely explaining, describing, and drawing conclusions on the problem. Based on the results of the study it was found that 1. The issuance of the environmental permit for the reclamation of the Manakarra Mamuju beach was not in accordance with Law no. 32 of 2009 concerning Environmental Protection and Management (PPLH). 2. The implementation of the environmental permit for reclamation in the coastal area of Manakarra Mamuju, is not and/or has not been effective as stipulated in the laws and regulations.
Urgensi Pelaksanaan Pemilihan Bupati dan Wakil Bupati Kabupaten Barru ditengah Pendemi Covid-19 Sri Hardiyanti Lukman
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The Corona Virus Disease (COVID-19) outbreak not only has an impact on the public health sector, but also on many other sectors ranging from the economy, education, culture, social, and politics to government. Especially in the political field, the Covid-19 pandemic has caused the 2020 Regional Head Election to be postponed. The government decided to carry out the Regional Head Election in December 2020, by issuing Government Regulation No. 2 of 2020. The steps taken by the government to generate pros and cons among the community, including the organizers, are very rational considering the situation of the spread of Covid-19 which is still increasing. The study in this article uses juridical normative and conceptual methods through a legal approach and tries to examine critically the pattern of the electoral relationship at the center of the pandemic that was hit with the concept of postponing the electoral elections by looking at implications for the development of regional government.
Kedudukan Hukum Yayasan Panti Asuhan sebagai Wali Atas Anak-Anak Panti Asuhan Muhammad Al Habsy Ahmad
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

The purpose of this study was to determine the validity of the orphanage foundation in acting as the guardian of the orphanage children. And to know the legal responsibility of the orphanage foundation as the guardian of the orphanage children. The research was conducted in the Mamuju City area with the consideration that the object of the problem discussed was located in Mamuju. The selection of this location is also due to the consideration that this location can provide the data that the author needs in discussing problems related to the writing of this thesis. This research uses a qualitative method which is then presented descriptively, namely by describing, describing, and explaining things that are in accordance with the problems that are closely related to this research. Orphanage foundations as guardians depend on the court's decision to appoint them as guardians. The appointment of the orphanage foundation as the guardian must be determined by the judge of the local Religious Court in accordance with the position of the orphanage foundation. Then the legal responsibility of the orphanage foundation as a guardian is the same as other guardians that have been regulated in the legislation, where each guardian must carry out the maintenance and education of the child's personality and manage his assets, and must represent him in carrying out legal actions. However, the provisions regarding this responsibility are not carried out by the orphanage foundation because the position of the orphanage foundation in carrying out childcare activities is only as a social institution that carries out its function as a social service institution for children who do not get good care in their family and the foundation is not as guardians of the children entrusted to the foundation. So to find out the responsibility of the foundation as a social institution can be seen in the provisions of the foundation law and the household articles of association of the foundation's establishment.

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