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Anayasa
Published by PT Altin Riset Publishing
ISSN : -     EISSN : 29879965     DOI : https://doi.org/10.61397/ays.v1i
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal is an academic journal with a focus on research in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. This journal aims to provide a platform for sharing research results and scientific thoughts related to key issues in this field. Fields of study This journal covers, but is not limited to, the following areas of study: Criminal Law. Civil Law. International Law. Islamic law. Environmental Law. Legal Administration. Economic Law and customary law Research Format and Methods This journal accepts research and scientific writing using quantitative, qualitative, or a combination of both methods. We also welcome literature reviews, case studies, and writings that combine theory and practice in the above-mentioned fields. Journal Purpose The aim of this journal is to encourage high-quality research and scientific thinking in the fields of criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law, as well as to facilitate the exchange of ideas and research results among academics, researchers, and practitioners. This journal also aims to strengthen academic and practical contributions and influence in the fields studied. Target Reader This journal is intended for academics, researchers, practitioners, and students who are interested in and involved in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. Review Process This journal runs a rigorous review process for each submitted article. At least two impartial reviewers who are professionals in the related field will each examine one article. The final decision to accept or reject the article will be made by the journal editor based on the recommendations of the reviewers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol. 2 No. 1 (2024): ANAYASA" : 11 Documents clear
RESILIENCE OF NARCOTICS INMATES IN SERVING THEIR SENTENCE IN CLASS IIB DETENTION CENTRE IN PANDEGLANG Pratiwi, Ayu Inka; Equatora, Muhammad Ali; Muhammad, Ali
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.56

Abstract

The purpose of this study is to determine the factors that form the resilience of narcotics prisoners and how the process of prisoners becoming resilient individuals. The method used in this research is qualitative method using case studies. Data collection is carried out using in-depth interview methods, participant observation, and documentation. Data analysis techniques use triangulation. This study shows that seven factors can affect resilience, namely: emotional regulation, immune control, optimism, casual analysis, empathy, self-efficacy, and reaching out. The process that prisoners go through is not easy, but the three informants deal with problems in their own way.
THE IMPACT OF SOCIAL REHABILITATION ON PRISONERS IN NARCOTICS PRISON CLASS IIA PEMATANG SIANTAR Tando, Cahyoko Edi; Damanik, Rismanto Agustian
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.65

Abstract

This rehabilitation goal is in line with the correctional system which focuses more on improving the behavior and morals of individuals who violate the law. This research method is qualitative, aiming to describe social phenomena from the participant's perspective and produce descriptive data through interviews, field notes, and data analysis to understand the phenomenon being studied. The results of interviews with drivers at the Class IIA Pematang Siantar prison showed that the social rehabilitation program had a positive impact in the form of changes in thought patterns, increased happiness, emotional control, clearer thinking, reduced stress, recovery from trauma, improved appearance, good social relationships, motivation. Looking for work, and the desire for a better life after release. There are also several factors supporting the progress of social rehabilitation in the Pematang Siantar Class IIA Narcotics Prison.
THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF DESTRUCTION OF TOURISM OBJECTS IN NORTH TORAJA Salamba , Yogistry Pakita
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.116

Abstract

The research aims to analyze the enforcement of sanctions against perpetrators of vandalism at tourist attractions in North Toraja and the obstacles to implementing sanctions in law enforcement against perpetrators of vandalism at tourist attractions based on Regional Regulation Number 7 of 2016. The research employed an empirical research method, using statutory and conceptual approaches. This research used primary and secondary data. Primary data was obtained through field research using interviews and observations, while secondary data was obtained through a literature study. The data obtained was then analyzed qualitatively and described to answer the research problem. The research results show that the sanction enforcement of Regional Regulation Number 7 of 2016 concerning the Implementation of Tourism in North Toraja has not complied with these regulations. In particular, cases of destruction of Ke'te' Kesu' carried out by perpetrators that are imposed with customary punishment, it is marked by the large number of unresolved cases and weak enforcement of sanctions. Obstacles in implementing sanctions in law enforcement are caused primarily by delays in information to the Civil Service Police Unit resulting in initial administrative action before being handed over to the Prosecutor's Office. Another obstacle is the absence of a memorandum of understanding between the Police, Prosecutor's Office, and Court, as well as budget limitations which affect the capacity of the Civil Service Police Unit (Satpol PP) to protect tourists. A comprehensive approach is needed, including law enforcer training, inter-agency coordination, public legal education, and review of Regional Regulations to improve the fairness and appropriateness of sanctions.
DEVELOPMENT OF A LEGAL FRAMEWORK FOR THE MANAGEMENT OF ETHICAL AND LEGAL CONFLICTS IN PATIENT CARE Ginting, Grenaldo; Suningrat, Nining
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.138

Abstract

This study aims to investigate the dynamics of ethical and legal conflicts in patient care in Indonesia and to provide recommendations that can enhance clinical practices and healthcare policies. This study employs a qualitative approach by conducting in-depth interviews with healthcare practitioners, patients, and their families. Data is also analyzed through policy analysis and literature review to gain comprehensive insights. The research findings indicate that healthcare practitioners often encounter ethical conflicts in clinical decision-making, especially when their ethical values conflict with the wishes of patients or their families. Ineffective communication among healthcare practitioners, patients, and their families also emerges as a significant factor contributing to conflicts in decision-making. Active involvement of patients and their families in clinical decision-making proves crucial in managing ethical and legal conflicts. Additionally, the uncertainty of healthcare practitioners and resource limitations in handling conflicts also pose significant challenges.
EFFECTIVENESS OF MEDIATION IN OUT-OF-COURT SETTLEMENT OF INHERITANCE DISPUTES Izzati, Nida Rafiqa; Arfa, M Fadhil Azzam; Pebriansyah, Taufik Pajar; Na’im, Arroyan; Asnawi, M. Natsir
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.181

Abstract

This research discusses the effectiveness of mediation in settling inheritance disputes outside of the court. The objectives of this study are, firstly, to determine the effectiveness of mediation in resolving inheritance disputes outside of court; secondly, to assess whether conducting mediation outside of court is a viable solution in settling inheritance disputes; thirdly, to identify the factors that contribute to the success of mediation in resolving inheritance disputes outside of court. The research method employed in this discussion is library research, supplemented with analytical descriptive data analysis. Based on the research findings, mediation has proven its effectiveness in settling inheritance disputes outside of court. By expediting the resolution process, reducing costs, and enhancing the satisfaction of the involved parties, mediation presents an attractive alternative worthy of consideration as a solution in settling inheritance disputes through non-litigious means. Another evidence demonstrating the effectiveness of mediation conducted outside of court is its greater impact in maintaining positive relationships, as the outcome is not a win-lose decision, but rather a win-win situation where both parties equally win and willingly accept the agreed-upon settlement, in line with the principles of win-win solutions.
JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF ITSBAT NIKAH IN THE PRINCIPLE OF LEGAL CERTAINTY IN THE RELIGIOUS COURT DECISION NUMBER 93/PDT.P/2018/PA.TTE Sukiati, Sukiati; Harahap, Yadi; Lubis, Indah Amani
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.182

Abstract

Underhand marriage or nikah siri has been an issue that has arisen in line with the enactment of Law No. 1/1974 on marriage in Indonesia. Nikah siri refers to a marriage that is not valid according to the applicable law, conducted outside the provisions of the Indonesian marriage law. Marriage, as a social institution, is a means to legitimize sexual relations between husband and wife and to ensure the continuation of human existence. However, nikah siri, which often takes place without parental or government notification, has significant negative legal implications for the parties involved, including non-recognition of the legal status of the wife, disenfranchisement from inheritance or property, and the absence of a formal mechanism for separation. Islamic law stipulates that a marriage is valid if it fulfills its pillars and conditions and no prohibitions are preventing it. In the context of positive law, every marriage must be recorded by applicable laws and regulations. However, the issue of marriage recognition through itsbat nikah in Islamic law creates complexity and the need for clear restrictions on its application. Therefore, official registration by authorized officials is important to maintain order in marriage and provide legal protection for the parties involved.
LEGAL PROBLEMS FOR QUICK RESPONSE CODE INDONESIAN STANDARD (QRIS) USERS IN ONLINE PAYMENT TRANSACTIONS Pattynama, Francis Maryanne; Santoso, Hardi Anugrah; Miarsa, Fajar Rachmad Dwi; Pribadi, Teguh
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.183

Abstract

This research aims to contribute knowledge about the legal protection of QRIS-based online payment systems in the modern era through the development of information and technology in the world of digital commerce. This is certainly the background of various unlawful actions against the use of fake QRIS codes, where perpetrators manipulate the printed barcode scans to be incompatible with the original QRIS owner. In the preparation of this article, the research method used is use normative juridical method where the focus of the problems discussed as data material refers to legal principles and norms that have been contained in related laws and regulations. The results of this study show that the legal regulation procedure for online transactions through the QRIS system is considered to lack proper regulations on the protection of users or business actors. All forms of regulations that regulate several legal products that lead to online transactions such as QRIS need to be updated to become an accurate legal umbrella for online-based transactions that have developed today.
MAQĀṢID AL-SHARI'AH THEORY BY IMAM AL-SYĀṬIBĪ Azis, Muh. Ilham; Eril, Eril; Taqiyuddin BN, Andi Muh.; Salam, Abdul; Arief, Ahmad
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.191

Abstract

The purpose of this study is to explain the theory and application of Maqāṣid al-Syari'ah from al-Syāṭibī's perspective. This research is qualitative, the type of research is library research. The data collection method used is a literature study. The results showed that; First, Maqāṣid al-Syari'ah is the central theme that became the foundation of Imam al-Syatibi in determining the law. According to Imam al-Syatibi, the main purpose of Maqāṣid al-Syari'ah is to organize the natural order by realizing maslahah and avoiding damage. Departing from the purpose of istinbat all laws in Islam which is the essence of maqasid al-Syariah that is implied and explicit, it is impossible to realize hifz al-din with the intention or purpose of neglecting hifz al-nafs, hifz al-nasl, hifz al-mal, and hifz al-'aql. Second, the application of Maqāṣid al-Shari'ah can be seen in the adoption of three maslahat, namely primary, secondary, and tertiary maslahat in contemporary muamalah. For example, the application of primary maslahat in the use of AstraZeneca vaccine which contains elements from pigs. Furthermore, the application of secondary maslahat to the practice of Islamic mutual funds is considered very urgent, because not a few have property, but are unable to manage or organize it. As for the application of tertiary maslahat in transactions via telephone, internet, instagram, WhatsApp, and other social media applications.
THE SUPERVISION OF THE INTERNAL GOVERNMENT INTERNAL SUPERVISORY APPARATUS (APIP) ON THE ABUSE OF AUTHORITY IN GOVERNMENTAL POSITIONS IN JENEPONTO REGENCY Mustaufiq, Mustaufiq; Sultan, Lomba; Ridwan, Muh. Saleh; Hasan, Hamzah
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.192

Abstract

The objective of this research was to examine the oversight conducted by the Government's Internal Control Apparatus (APIP) regarding the misuse of official authority within the Jeneponto District Government. This research employs a qualitative methodology with a sociological research approach. The informants include the Auditor of the Jeneponto Regency Government Internal Supervisory Apparatus, the Head of the Sub-Division of Discipline Development, Welfare, and Facilitation of the ASN Profession at the Jeneponto Regency Personnel and Human Resources Development Agency (BKPSDM), the Secretary and Acting Head of Treasury at the Jeneponto Regency Financial and Asset Management Agency, the Head of Budget at the Jeneponto Regency Financial and Asset Management Agency, and the Regent of Jeneponto. Data collection methods encompass observation, interviews, and documentation. Subsequently, the techniques for processing and analyzing data are executed through three distinct phases: data collection, data reduction, data presentation, and conclusion drawing. The outcomes indicate that: 1) The supervision by the Government Internal Supervisory Apparatus (APIP) over the abuse of authority in the Jeneponto Regency Government is not fully optimizing APIP's role in supervising, guiding, evaluating, and monitoring the duties and functions of regional apparatuses in the execution of bureaucratic activities. This is evidenced by the presence of several civil servants who have been implicated and directly involved in legal proceedings due to exceeding their official authority. 2) There is a shortage of qualified auditors, with the current number of personnel being insufficient relative to the number of civil servants requiring oversight across 11 sub-districts and 113 villages.
EFFORTS TO IMPLEMENT THE PRINCIPLE OF COORDINATION BETWEEN POLICE INVESTIGATORS AND PROSECUTORS IN PROCESSING CRIMINAL CASES IN THE JURISDICTION OF THE PEKANBARU POLICE STATION Aristyan , Christ; Harahap, Emirza Henderlan
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.194

Abstract

To enforce criminal law, there needs to be coordination between police investigators and public prosecutors. This is to the existing provisions in the Criminal Procedure Code in the form of criminal offenses must be disclosed, investigators must notify the public prosecutor if there is a termination or extension in the case. If the functional relationship and coordination do not go well, there will be many arrears of problems in the Prosecutor's Office, thus affecting the problem-solving process. Likewise, on the other hand, if there is coordination and communication between investigators and public prosecutors, they will be able to resolve each case properly. So, the obstacles in the implementation of the principle of coordination between police investigators and public prosecutors are the lack of communication, prioritizing the interests of their departments, the existence of sectoral arrogance, and lack of trust in the police to enforce the law and so on. This also grows from the stigma of the community towards the police so that it causes difficulties in conveying aspirations in the field, neglect of legal aspects, police ethics whose morale is still low, and equipment and investigations are still limited.

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