Jurnal Litigasi Amsir https://journalstih.amsir.ac.id/index.php/julia <p><strong>Jurnal Litigasi Amsir (JULIA)</strong>&nbsp;is a peer-reviewed journal published by the Faculty of Law, Andi Sapada Institute of Social Sciences and Business. JULIA is published five times a year, of which four times are published periodically, namely in February, May, August, and November. Published once in a special issue containing several interesting issues. The journal provides direct, open access to content for free and publicly and supports greater global exchange of knowledge.</p> <p>Please login to JULIA!</p> Faculty of Law Andi Sapada Institute of Social Sciences and Business en-US Jurnal Litigasi Amsir 2963-9360 Perkawinan Dini: Menyingkap Dampaknya Terhadap Kesehatan Anak di Kota Bandar Lampung https://journalstih.amsir.ac.id/index.php/julia/article/view/407 <p>This paper aims to identify the impact of adolescent health on child marriage. In addition, it provides policy recommendations related to reproductive and sexual health for adolescents. This article is based on research using normative and empirical juridical methods through focus group discussions and in-depth interviews in Bandar Lampung City 2023 and comes from library data. Focus group discussions were conducted with judges at the Tanjung Karang Religious Court Class 1A to obtain information regarding the health impacts experienced by teenagers who engage in child marriage. This research succeeded in identifying the health impact. The dominant factor why child marriage occurs is the lack of comprehensive reproductive and sexual health education (PKRS) from an early age to provide teenagers with a proper understanding of their choices. Therefore, providing extensive knowledge of reproductive health from an early age in schools and reviewing Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning marriage is recommended.</p> Nur Qalbi Putri Ramadhani Ahmad Dwi Shinta Wati Muhammad Ardan Aldika Indah Satria Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-14 2024-01-14 11 2 105 112 Mengungkap Jaringan dan Taktik Baru: Peran Ditreskrimsus Polda Sumatera Barat dalam Memerangi Kejahatan Perjudian Online https://journalstih.amsir.ac.id/index.php/julia/article/view/290 <p>Article 27 Paragraph (2) jo. 45 Paragraph (2) of the ITE Law regulates Online gambling. The handling of Online Gambling is the authority of Ditreskrimsus. Research Objectives To analyze the role of Ditreskrimsus in law enforcement on online gambling crimes. And To explore the obstacles encountered by Ditreskrimsus in enforcing the law on online gambling crimes. This type of research uses a socio-legal approach. The results of the study to The Directorate of Criminal Investigation of the West Sumatra Regional Police have played a good role in enforcing the law of online gambling; the obstacles encountered by the Ditreskrimsus of the West Sumatra Regional Police in enforcing the law on online gambling crimes are internal and external constraints.</p> Cyta Sucy Marrismawati Hendra Suherman Deaf Wahyuni Ramadhani Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-14 2024-01-14 11 2 113 117 Pembelaan Diri Terhadap Pelaku Kejahatan: Telaah Yuridis Terkini atas Diskresi Kepolisian https://journalstih.amsir.ac.id/index.php/julia/article/view/275 <p>This research was conducted to find out how the use of police discretion against criminals who resisted and to find out what factors influenced the police's discretionary action taken by the police in the Pinrang district. The type of research used in this research is normative and empirical research. 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, but police actions that must be accounted for based on applicable laws and norms as well as 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 for surrender or the perpetrators put up resistance against members or the public. that's there.</p> Herman Herman Patahillah Asba Iswandy Rani Saputra Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-14 2024-01-14 11 2 118 127 Optimalisasi Jaminan: Pemindahan Tanggung Jawab ke Pihak Ketiga https://journalstih.amsir.ac.id/index.php/julia/article/view/279 <p>This research investigates the transfer of collateral objects by debtors to third parties without the creditor's knowledge, examining legal implications under the Civil Code. The study finds that the transfer of land rights requires a valid Sale and Purchase Deed prepared by a Land Deed Making Officer. If the transfer is based on a flawed deed without meeting legal requirements, it is deemed null and void. Settlement efforts for such transfers can follow either the litigation or non-litigation paths. Non-litigation options involve deliberations and mediation, demonstrating an attempt to resolve legal issues outside the judicial process. In the examined cases, both parties opted for non-litigation approaches, engaging in deliberations and mediation instead of pursuing legal action.</p> Muh. Fitra Sudarman Saharuddin Saharuddin Muh. Akbar Fhad Syahril Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-15 2024-01-15 11 2 128 141 Menjaga Hak Pemegang Polis: Perlindungan Hukum Terhadap Pailitnya Perusahaan Asuransi https://journalstih.amsir.ac.id/index.php/julia/article/view/394 <p>This paper aims to analyze the Preventive and Repressive Legal Protection for Insurance Policyholders against Bankrupt Insurance Companies. Using a normative legal research method with a conceptual approach, the study reveals that preventive protection involves insurance companies maintaining a guarantee fund, constituting a safety net for potential liquidity issues. The fund, at least 20% of the minimum equity set by the Financial Services Authority, ensures the fulfilment of insurance obligations. Another aspect of protection includes OJK educating the public and recommending insurers with liquidity exceeding 120% of the Minimum Capital Adequacy Ratio. Repressive actions, handled by a curator managing the bankrupt estate, prioritize policyholders' rights in the event of liquidation. OJK can impose administrative sanctions, such as revoking business licenses, enabling policyholders to claim their rights through bankruptcy proceedings.</p> Imam Buchari Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-15 2024-01-15 11 2 142 150 Menegakkan Keadilan: Strategi Hukum dalam Menindak Penyelundupan Pakaian Bekas Impor https://journalstih.amsir.ac.id/index.php/julia/article/view/277 <p>This research is to determine the substance of the legal regulation regarding the smuggling of imported used clothes. The type of research used is normative research. Meanwhile, normative research uses a rational-theoretical model with deductive logical reasoning (drawing conclusions from general to specific). Normative legal research tends to image law as a prescriptive scientific discipline. The steps taken to tackle the smuggling of used clothes in Parepare City are carried out in a preventive and repressive manner. Preventative action is to prevent the smuggling of used clothing so that the circulation of used clothing on the market decreases. In contrast, repressive action is an action taken against the smuggling of used clothing that aims to prevent perpetrators from wanting it anymore and to prevent smuggling, mainly used clothing (paws).</p> Jumadi Jumadi Sunardi Purwanda Anisah Daeng Tarring Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-15 2024-01-15 11 2 151 157 Pelaksanaan Mediasi Bagi Para Pihak Dalam Perkara Perceraian https://journalstih.amsir.ac.id/index.php/julia/article/view/293 <p>This research delves into the implementation of divorce case mediation at the Enrekang Religious Court, emphasizing the pre-mediation stages, mediation implementation, and final reporting to the case judge. Findings reveal a structured process involving problem identification, proposal of alternative solutions, and consultation. The mediator is mandated to report mediation outcomes and legal consequences, including a written agreement signed by parties. In cases of agreement, parties present the signed agreement to the judge, potentially leading to a peace decision. The Settlement Agreement, validated by a Deed of Settlement, adheres to court disclosure regulations.</p> Rahmiati Rahmiati Kairuddin Karim Auliah Ambarwati Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-16 2024-01-16 11 2 158 165 Membongkar Kedalaman Kriminalitas: Analisis Ilmiah Pembunuhan Terhadap Orang Tua Tiri https://journalstih.amsir.ac.id/index.php/julia/article/view/280 <p>This normative legal research employs a statutory approach and utilizes a case study from a court in Parepare City. Primary, secondary, and tertiary legal materials serve as sources. The qualitative prescriptive analysis focuses on the crime of murder under Article 340 of the Criminal Code, as evidenced in Decision Number: 52/Pid.B/2022/Pn Pre. The public prosecutor presented three indictments, with the first proven against the defendant, Sahrul Alias Callu Bin Sirajuddin. The panel of judges, in Verdict Number: 52/Pid.B/2022/Pn Pre, declared the defendant guilty of premeditated murder, sentencing him to 7 years in prison. The verdict considered various factors, including prosecutor demands, trial facts, and elements fulfillment, alongside aggravating and mitigating circumstances.</p> Rafika Handayani Muh. Fadli Faisal Rasyid Amir Amir Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-16 2024-01-16 11 2 166 173 Implikasi Pembentukan Produk Hukum Daerah Terhadap Penertiban Kenderaan Angkutan Becak Motor (Bentor) https://journalstih.amsir.ac.id/index.php/julia/article/view/412 <p>The study examines the impact of regional regulations on motorized becak (Bentor) transportation, focusing on Regional Regulation Number 6 of 2006. It finds that while these regulations affect community order and local traditions, they lack adequate legal protection and safety measures for passengers. The research, conducted through empirical normative legal methods, highlights a need for improved legal awareness and enforcement due to numerous traffic violations and Bentor accidents. The study suggests a review of the regulation's substance to accommodate better the unique characteristics and needs of Bentor transportation within Gorontalo Province.</p> Awaludin S. Habibie Asdar Arti Rusmulyadi Rusmulyadi Copyright (c) 2024 Jurnal Litigasi Amsir 2024-01-28 2024-01-28 11 2 174 185 Analisis Yuridis Putusan Hakim Dalam Penjatuhan Tindak Pidana Asusila Terhadap Anak https://journalstih.amsir.ac.id/index.php/julia/article/view/414 <p>This research focuses on the application of criminal law and judicial considerations in cases of immoral acts against children, as exemplified in Decision Number 53/Pid.sus/2019/PN.Tmt. The study employs normative legal research methods, utilizing library research and analyzing secondary and primary legal materials. The analysis is prescriptive, aiming to assess the correctness or appropriateness of the subject under study according to the law. The Child Protection Law outlines various sanctions for perpetrators of immoral acts against children, often stemming from promiscuity and dating relationships between perpetrators and victims. The study underscores the need for both internal and external monitoring to address morality crimes against children effectively.</p> Anderwati Maku Darmawati Darmawati Apriyanto Nusa Copyright (c) 2024 Jurnal Litigasi Amsir 2024-02-03 2024-02-03 11 2 186 192 Memahami Kompleksitas Hukum: Penanganan Penyalahgunaan Narkotika oleh Anak di Kawasan Makassar https://journalstih.amsir.ac.id/index.php/julia/article/view/418 <p>This research aims to analyze the application of the law towards criminal abuse of narcotics committed by children in Makassar City (Case Study Decision: Number 8/Pid.Sus-Anak/2020/Pn Mks). The research method used is a non-doctoral (empirical) legal research method. This research uses primary and secondary data in studying analyzing, and analyzing norms, rules and judge considerations in court decisions regarding the abuse of narcotics crimes committed. by children in Makassar City.</p> Murdiono Murdiono Ayu Chairun Nisa Copyright (c) 2024 Jurnal Litigasi Amsir 2024-02-06 2024-02-06 11 2 267 273