Amsir Law Journal

Journal Information
EISSN : 2715-9329
Published by: Sekolah Tinggi Ilmu Hukum (STIH) Amsir (10.36746)
Total articles ≅ 30
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Latest articles in this journal

Saharuddin Saharuddin, Muh. Fadli Faisal Rasyid
Amsir Law Journal, Volume 3, pp 87-92; https://doi.org/10.36746/alj.v3i2.67

Abstract:
We are all aware that death awaits us, the problem here is when and how we are picked up by death itself. For most humans, death is a very scary event, but there are also those who are picked up by death in a state of calm and peace. What about those whose deaths are decided by fellow human beings, this has always been a difference between society in general and scholars in particular. From year to year and even now, discussions about the pros and cons of imposing the death penalty continue to be an endless discussion. On the one hand, the death penalty is considered to be effective in deterring perpetrators, but on the other hand, the implementation of the death penalty is like usurping the author's authority. Indeed there is no statistical evidence that crime will decrease if the death penalty is applied in a country. On the other hand, if it is not applied, it has not been proven that in a country crime is increasing.
Indah Fitriani Sukri, Rasna Rasna
Amsir Law Journal, Volume 3, pp 51-62; https://doi.org/10.36746/alj.v3i2.62

Abstract:
In the implementation of the state administrative decree, the principle of praesumtio iustae causa is known as part of the implementation of the state administrative decree to resolve state administrative disputes. This principle means that a state administrative decision is always considered valid. This research has the aim of providing protection for the rights of the people that originate from individual rights as well as providing protection for the rights of the community based on the common interests of individuals in the community. The government has an obligation to promote the general welfare as stated in the constitutional mandate. In carrying out this obligation, the government takes regulatory and administrative law enforcement actions. The research method used is descriptive normative research, judging from the effectiveness of this principle is considered valid. And not only that, the possibility of disputes in the state administrative area occurring in the current pandemic era sees this case being included in the area of state administration, even these disputes are often found in the government. The conclusion is Article 65 of Law Number 30 of 2014 concerning Government Administration, what is protected is the interests of the wider community who will be harmed by the issuance of the government decree. So that with the provisions in Article 65 of Law Number 30 of 2014 concerning Government Administration, it can add options for the community to get wider legal protection for the issuance of a government decree/action.
Suud Sarim Karimullah
Amsir Law Journal, Volume 3, pp 76-86; https://doi.org/10.36746/alj.v3i2.66

Abstract:
This paper presents an understanding of the urgency of building legal awareness of child care in the family to provide a legal sense of the importance of sustainable child care amid social life by sticking to the applicable legal rules. This study used a juridical-normative approach by referring to various legal instruments that apply in Indonesia. Then, to add references in this study, other legal materials relevant to the object of study are systematically studied. Furthermore, the results of this study explained that the protection of children is the responsibility and obligation of all elements of the nation, not only for certain groups, which can be found in the explanation in Law No. 39 of 1999 concerning Human Rights, as explained in the provisions of Article 52 that every child has the right to protection by parents, family, society and the state. Children’s rights are human rights, so for their interests, children’s rights are recognized and protected by law even when they are in the womb.
Chusnul Qotimah Nita Permata, Ananda Haidarrani, Eri Bambang Budi Sumbowo
Amsir Law Journal, Volume 3, pp 93-102; https://doi.org/10.36746/alj.v3i2.79

Abstract:
This study aims to determine the professional ethics of a legal advisor or advocate when proceeding in court. This study uses a quantitative approach. Data were collected using the document study method conducted by the author. The conclusion can be stated that the advocate profession, in which the concept of an advocate is an officer of the court or in the language of Law Number 18 of 2003 concerning Advocates, an advocate is a law enforcer. As a law enforcer, upholding ethics from the perspective of the advocate profession is very contextual and therefore the next discussion will be followed on how the position and role of the advocate professional organization in upholding the ethics. Professional organizations have a Code of Ethics that imposes obligations and at the same time provides legal protection to each of its members in carrying out their profession. Advocates as a respectable profession who in carrying out their profession are under the protection of the law, the law and the Code of Ethics must maintain the image and dignity of the honor of the profession, as well as be loyal and uphold the Code of Ethics and Professional Oath, whose implementation is supervised by the Honorary Council. The Indonesian Advocate Code of Ethics is the highest law in carrying out the profession, which guarantees and protects but imposes an obligation on every advocate to be honest and responsible in carrying out their profession, especially when proceeding in court.
Salma Laitupa, Eka Dewi Kartika, Fadly Yasser Arafat J.
Amsir Law Journal, Volume 3, pp 63-75; https://doi.org/10.36746/alj.v3i2.61

Abstract:
The existence of international law has been accepted, recognized and respected as a legal norm that governs the international community. The rules of international law can be accepted and adapted in the national law of countries. The mechanisms and procedures used by each country to apply international law at the national level are not uniform. One of the main reasons is because they consider this a part of state sovereignty. As a system of norms, international law is based on the highest norms that function as an assessor of the validity of international agreements made between countries. The highest norms in international law are called peremptory norms (jus cogens). Therefore, an international agreement cannot be valid when an international agreement conflicts with the highest norms in international law
Muhammad Akbar Fhad Syahril
Amsir Law Journal, Volume 3, pp 11-19; https://doi.org/10.36746/alj.v3i1.45

Abstract:
Short messages in the form of advertisements are increasingly being accepted by the public through their cell phones. The public never specifically gave the phone number to the party sending the advertising message. This is considered to be even more annoying because the short message advertisement violates the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses the empirical normative method, namely research conducted with the approach of legal norms or substances, legal principles, legal postulates, and legal comparisons, using a conceptual approach. The results show that short messages in the form of offers that are not directly related to the services used by cellular subscribers must be a concern for customer convenience.
Herman Balla, Arini Asriyani
Amsir Law Journal, Volume 3, pp 1-10; https://doi.org/10.36746/alj.v3i1.46

Abstract:
The study aims to find out the setting for the sentencing of sanctions against children who commit criminal acts of abuse resulting in death. The type of research used by the author is the empirical normative research type. The results showed that the regulation of sanctions against children who commit crimes that are sentenced to criminal sanctions has been contained in Article 71 paragraph (1) to paragraph (5) of Law No. 11 of 2012 concerning the Criminal Justice System of Children. In addition to the type of sanctions contained in Article 71, sanctions actions can also be imposed on children who commit criminal acts and the overall number of cases obtained from the results of research in the Sungguminasa Court is a total of 7 cases and in its ruling the tendency of judges to give criminal sanctions to prison for children perpetrators of crimes that result in death.
Abbas Abbas
Amsir Law Journal, Volume 3, pp 39-50; https://doi.org/10.36746/alj.v3i1.49

Abstract:
The research aims to find out about the conception of the state of law and democracy aspired by Abdul Qahhar Mudzakkar. The type of research used in this study is the socio-juridical type of research. Juridically because the unit of analysis in this research is an idea, the idea knows the concept. Where in what is meant is an idea Abdul Qahhar Mudzakkar about the concept of a state of law and democracy. Empirically the author sought to see the historical facts about the application of the concept correlated with the constitution of the Republic of Indonesia in the era of President Soekarno’s leadership. The results showed Abdul Qahhar Mudzakkar wanted the Indonesian state as an Islamic state with a presidential system of government while still carrying out the principles of true democracy. True democracy means Abdul Qahhar Mudzakkar is a tribute to the values of martyrdom, pluralism, and justice. This certainly requires better time, methods, and refinements if you want to be applied in a plural Indonesia.
Alwiyah Sakti Ramdhon Syah Rakia, Kristi Warista Simanjuntak, Wahab Aznul Hidaya, Andi Darmawansya
Amsir Law Journal, Volume 3, pp 30-38; https://doi.org/10.36746/alj.v3i1.44

Abstract:
In the process of drafting regulations, transitional provisions are used in order to overcome the legal vacuum, legal certainty, legal protection, and regulate other matters of a transitional nature. In terms of nomenclature, transitional provisions are referred to by different terms but are considered to have the same meaning. However, the terms of the transitional provisions have certain differences. This study aims to answer the nature of the transitional provisions in every formation of legislation, as well as the status of meaning between the terms “Ketentuan Peralihan” and “Aturan Peralihan” which have the same meaning status in the system of forming legislations. The results of this study indicate that the preparation of the “Transitional Provisions” material in the Appendix to Law Number 15 of 2019 is not adequately used in the preparation of “Aturan Peralihan” in the constitution. This is because the essence of the preparation of transitional provisions in the constitution is not only in order to overcome the legal vacuum, legal certainty, legal protection, and regulate other matters of a transitional nature, but also because of the transfer of power.
Nurul Chaerani Nur
Amsir Law Journal, Volume 3, pp 20-29; https://doi.org/10.36746/alj.v3i1.41

Abstract:
This study aims to determine and analyze the effectiveness of the application of the e-Tilang application in road traffic cases in the jurisdiction of the Biak Numfor Police Resort, Papua. As well as knowing and analyzing the obstacles faced in the implementation of e-Tilang in road traffic violations in the jurisdiction of the Biak Numfor Police Resort, Papua. This research uses juridical-empirical research method. The results showed that the implementation of e-Tilang in Biak Numfor-Papua was not yet effective, because it was not in accordance with the expected goals of the e-Tilang program. It should be done electronically (without using a ticket), but in practice it still uses a ticket. In addition, there are still many people who do not know the procedure for resolving traffic violations with e-tickets, making it difficult to process fines and take confiscated goods beforehand. In addition, there is not yet optimal coordination between authorized agencies that are directly related to the e-Tilang program. The lack of socialization in the community is also an obstacle so that many people do not know about e-Tilang, both the program and the flow of its implementation.
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