Amsir Law Journal (ALJ)
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    88 research outputs found

    Perkawinan Dini: Menyingkap Dampaknya Terhadap Kesehatan Anak di Kota Bandar Lampung

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    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

    Pembelaan Diri Terhadap Pelaku Kejahatan: Telaah Yuridis Terkini atas Diskresi Kepolisian

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    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

    Menegakkan Keadilan: Strategi Hukum dalam Menindak Penyelundupan Pakaian Bekas Impor

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    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)

    Pelaksanaan Mediasi Bagi Para Pihak Dalam Perkara Perceraian

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    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

    Analisis Yuridis Putusan Hakim Dalam Penjatuhan Tindak Pidana Asusila Terhadap Anak

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    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

    Optimalisasi Jaminan: Pemindahan Tanggung Jawab ke Pihak Ketiga

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    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

    Membongkar Kedalaman Kriminalitas: Analisis Ilmiah Pembunuhan Terhadap Orang Tua Tiri

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    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

    Discretionary Authority of the Indonesian National Police in the Implementation of Demonstrations

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    This study aimed to find out the provisions for the use of the discretionary authority of the police as regulated in laws and regulations and to find out the operational standards for implementing police discretion in securing demonstrations/demonstrations. The type of research used in this research was normative research. The results of this study indicated that the provisions for the use of the discretionary powers of the Police are regulated in Article 5, paragraph 1, letter a number 4 of Law Number 8 of 1981 concerning the Criminal Procedure Code, Article 16, paragraph 1, Article 5 paragraph 1 letter a number 4 of Law Number 8 of 1981 concerning the Criminal Procedure Code and Article 16 paragraph 1 of Law Number 2 of 2002. And operational standards for the implementation of Police discretion in securing mass actions when expressing opinions in public (demonstrations), namely the Dalmas unit is prohibited from carrying sharp weapons or firearms, mobile units by order of the commander and in a unit bond. Dalmas members are prohibited from arguing with the masses (submitted by the negotiating team), using the “T Stick” only to encourage the masses not to beat, using hollow bullets and rubber bullets at the request of the regional head of regional police and carried out by the action unit, and checking individual/unit equipment. ___ References Books with an author: Arifin, Z. (2020). Penggunaan Diskresi Kepolisian Dalam Pengamanan Penyampaian Pendapat Dimuka Umum (Unjuk Rasa) Ditinjau dari Aspek Hak Asasi Manusia. Tegal: Universitas Pancasakti Tegal. Muladi. (2002). Politik dan Sistem Peradilan Pidana. Semarang: Badan Penerbit Universitas Diponegoro. Rahardjo, S. (2010). Penegakan Hukum Progresif. Jakarta: Penerbit Buku Kompas. Rahardjo, S. (2007). Membangun Polisi Sipil: Perspektif Hukum, Sosial, dan Kemasyarakatan. Jakarta: Gramedia Pustaka Utama. Sampara, S., and Husen, L. O. (2016). Metode Penelitian Hukum. Makassar: Kretakupa Print. Wahyu, Moh. Eka. (2022). Tinjauan Hukum Diskresi Kepolisian Dalam Pengamanan Demonstrasi di Polres Sidenreng Rappang. Parepare: Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada. Journal articles: Arif, M. (2021). Tugas dan fungsi kepolisian dalam perannya sebagai penegak hukum menurut Undang-Undang Nomor 2 Tahun 2002 tentang kepolisian. Al-Adl: Jurnal Hukum, 13(1), 91-101. Asba, P., Syahril, M. Akbar Fhad., & Makkarawa, I. (2022). The Pollution of The Role of The Polri in The Prevention of Commotion in Demonstration. Traditional Journal of Law and Social Sciences (TJLSS), 1(2), 53–72. Asriyani, A., & Dwiyanti, A. (2022). Efektivitas Kepolisian dalam Melakukan Penyelidikan Tindak Pidana Penipuan Online Melalui Media Elektronik Internet. Jurnal Litigasi Amsir, 10(1), 140-145. Manalu, S. (2020). Analisis Yuridis Tindakan Diskresi Kepolisian pada Tahap Penyidikan. Fiat Iustitia, 1(1), 109-125. Purwanda, S., Bakhtiar, H. S., Miqat, N., Nur, R., & Patila, M. (2022). Formal Procedure Versus Victim's Interest: Antinomy of Handling Sexual Violence Cases In East Luwu. Jurnal Hukum Volkgeist, 6(2), 116-122. Widodo, P., & Baharudin, B. (2022). Implementation of Community Policing Program using Problem-Solving Approach by Bhabinkamtibmas. Amsir Law Journal, 4(1), 32-41

    Kajian Yuridis Tindak Pidana Kekerasan Dalam Rumah Tangga

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    This research was conducted with the aim of knowing the forms of domestic violence regulated in Law Number 23 of 2004 concerning Domestic Violence. And to find out the factors behind the occurrence of domestic violence in Parepare City in Parepare City throughout 2021-2022. The type of research used in this study is the type of research used in this research is normative and empirical research or commonly known as legal research which combines the two. The results of the research show that the form of Domestic Violence is caused by the occurrence of domestic violence starting from fights and also conflicts that occur as a result of differences of opinion and also debates that lead to violence both in the form of physical violence, namely beatings, kicks, and also encouragement made by husbands to wives and also psychological violence that is carried out by saying words that should not be appropriate to say to a wife. These words can be in the form of dirty words, swearing, and also speak using a high tone and it is more appropriate to say it by shouting at the wife. As well as the factors behind the occurrence of domestic violence in Parepare City are individual factors, namely often drunk because of alcoholic beverages, those who grew up in difficult circumstances, perpetrators not used to controlling their anger, perpetrators have difficulty expressing feelings through words, people who experience pressure or stress due to work and not being able to deal with family matters as well as family factors which include chaotic family life, not loving and respecting each other, and not appreciating the role of women, lack of familiarity and social network relationships in the family, the nature of nuclear family life not the extended family. and Community factors consisting of poverty, urbanization that occurs accompanied by an income gap between residents, an environment with a high frequency of violence and crime to testify as a witness, namely about matters entrusted to the

    Kajian Yuridis Akta Perjanjian Pengikatan Jual Beli Hak Atas Tanah

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    This research was conducted with the aim of knowing the legal force of the deed of binding sale and purchase agreement on land rights (PPJB) made before a notary/PPAT and to find out the legal protection for the parties in the binding agreement on sale and purchase of land rights (PPJB). The type of research used in this study is normative research, which is a process of finding legal rules, legal principles, and legal doctrines to answer the legal issues at hand. Legal research that examines rules or norms is referred to as normative research, so the research method used is the Normative legal research method which will analyze the Deed of Sale Agreement (PPJB) of Land Rights. Based on the analysis of data and facts, in chapter four above, the following conclusions can be drawn: The legal force of the Sale and Purchase Agreement (PPJB) of Land Rights made before a Notary/PPAT, depending on where the sale and purchase agreement is made, if not before a public official (notary) then it becomes a private deed whereas if it is made by or before public officials, the deed becomes an authentic deed. This is in accordance with Article 1868 of the Indonesian Civil Code that a deed can become an authentic deed if it is made before the authorized public official at the place where the deed was made. And As for the legal protection for the parties, especially the buyer in a sale and purchase agreement that is carried out privately, the legal protection provided in the binding sale and purchase agreement is very strong because of the nature of proof of the binding sale and purchase agreement made before a public official in this case a Notary. Namely by signing the deed in front of a Notary or official appointed for signature validation (such as Consular Officers, Embassies, or Regional Heads starting from the Regent level and above) by explaining the contents first to the parties and then signing in front of a Notary or an authorized public official has very strong evidence in accordance with the evidence from the authentic deed

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    Amsir Law Journal (ALJ) is based in Indonesia
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