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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 13 Documents
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Search results for , issue "Vol. 2 No. 2 (2025): ANAYASA" : 13 Documents clear
OPTIMIZING PRISONERS' RISK AND NEEDS ASSESSMENT IN PEMATANG SIANTAR CLASS IIA REHABILITATION Rajagukguk, Binsar Parulian; Equatora, Muhammad Ali; Muhammad, Ali
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.59

Abstract

Independence coaching is a form of program implemented by providing work guidance training which is an effort to provide provisions and skills to correctional prisoners while they are serving their sentences which are useful when the prisoners return to the midst of society in providing such guidance, an assessment is carried out where the assessment activities carried out on correctional prisoners aim to collect data and information on correctional prisoners which are then verified and analysed to provide an assessment of the risks and needs of correctional prisoners, its implementation refers to the Minister of Law and Human Rights Regulation number 12 of 2013 concerning risk assessment and assessment of the needs of prisoners, The method used in this research is descriptive method to analyse a research with a case study as a series of activities in obtaining data by presenting the actual situation and explaining the circumstances and conditions of the problem, Optimisation of risk assessment and needs assessment in the independence coaching program at the Pematang Siantar class IIA correctional institution is currently not optimal where its implementation should refer to the Minister of Law and Human Rights Regulation number 12 of 2013 concerning risk assessment and needs assessment of prisoners, this is because in the implementation of risk assessment and needs assessment itself in the Pematang Siantar class IIA correctional institution there are obstacles accompanied by various factors.
THE IMPORTANCE OF FOSTERING LEGAL AWARENESS OF THE PERSONALITY OF PRISONERS IN REALISING GOOD AND RESPONSIBLE CITIZENSHIP Wiranata, Herning Widya
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.86

Abstract

Coaching has an important role in realizing the purpose of correctional facilities. One of the coaching that is important in forming the foundation of the prisoner's personality is the development of legal awareness that is instilled to form a good and responsible citizen. Legal awareness coaching is implemented programmatically in various prisons in Indonesia. However, in its implementation, there are various challenges faced, one of which is overcrowding. This paper aims to find out the implementation of the legal awareness coaching program, especially in Lapas Klas IIA Kediri as the main locus amid various obstacles faced. Data collection techniques used in making research are obtained from direct observation and interviews with officers and prisoners. The results obtained in the field show that there are various efforts and innovations made by the Kediri Klas IIA Correctional Facility in fostering legal awareness, both in terms of coaching programs, as well as humanist approaches taken by officers related to instilling values, morals, and understanding of the law. Therefore, as the frontline in realizing the correctional goal, various technical implementation units must compete in innovating in realizing coaching programs, especially legal awareness in the obstacles faced such as overcrowding.
FORCED DEFENSE OF THE CRIME OF THEFT ACCORDING TO THE KUHP FROM THE PERSPECTIVE OF ISLAMIC LAW As’ad, Muh. Fadel; Gassing HT, Abd. Qadir; Syamsuddin, Rahman
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.198

Abstract

The purpose of this study is to reveal self-defense according to Islamic law and the Criminal Code article as well as the view of Islamic law on forced defense from the crime of theft based on the Criminal Code. This research is qualitative, the type of research is library research. The data collection method used is a literature study. The results showed that; 1) Islamic law views theft as a serious crime with strict hudud sanctions, while in the Indonesian Criminal Code, theft is regulated by imprisonment or fines according to the severity of the case. 2) Forced defense in the context of theft is recognized by both legal systems, with Islam emphasizing the obligation to defend oneself from arbitrariness, and the Criminal Code allowing self-defense with proportional action. 3) Forced defense regulated in the Criminal Code Article is largely per Islamic law, the person who defends himself gets legal protection, the defense must be proportional and the defense is carried out if there is no other way to avoid danger.
IMPLEMENTATION OF LA DARAR WA LA DIRAR RULES IN THE SYIRKAH MUDHARABAH CONTRACT : CASE STUDY OF KAMPOENG KULINER MAKASSAR M. Fadel, M. Fadel; Lutfi, Mukhtar; Misbahuddin, Misbahuddin
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.199

Abstract

The purpose of this research is to analyze the application of the La Darar Wa La Dirar principle in the syirkah mudharabah contract at Kampoeng Culinary Makassar. This research uses a qualitative approach with normative / shar'i, phenomenological, and sociological methods. Informants include managers, employees, and investors of Kampoeng Culinary Makassar, as well as customers, business experts, and muamalah. Data collection techniques were conducted through observation, interviews, and documentation, while data analysis included data reduction, data presentation, and conclusion drawing. The results showed that: (1) The contract implementation mechanism at Kampoeng Culinary Makassar is good, although there are still obstacles that need to be improved to prevent darar between the manager and Sohibul Māl. The process includes four stages: written agreement, fund collection, profit sharing, and contract dissolution. (2) Management efforts in applying the principle of Lā Darār Wa Lā Dirār include the presentation of business proposals, profit and loss projections, cooperation MoUs, the use of cloud-based cashier technology, monthly financial reports, and evaluation meetings with investors. (3) The obstacles faced include the large number of investors, miscommunication in understanding the contract and profit sharing, investors' lack of understanding of financial statements, and unpreparedness to accept the risk of loss. The solutions implemented are consultation, socialization, education, and provision of information to related parties.
ANALYSIS OF NAME LOAN AGREEMENT IN THE PERSPECTIVE OF FREEDOM OF CONTRACT Bastian, Benny
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.318

Abstract

Nominee agreements are one of the interesting legal issues in the Indonesian legal system, especially in the context of acquiring land ownership rights. This practice is often used to avoid various applicable legal restrictions, both related to the legal subject and the land use itself. In agrarian law, land ownership rights can only be owned by Indonesian citizens (WNI), as regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA). However, nominee agreements are often used to get around mandatory legal provisions, thus raising questions about their validity from the perspective of freedom of contract. This study aims to analyze the legality of nominee agreements between Indonesian citizens concerning acquiring land ownership rights, using a descriptive qualitative approach. The data were analyzed based on the provisions of the Civil Code (KUHPerdata), especially Articles 1320 and 1338 which regulate the requirements for the validity of agreements and the principle of freedom of contract. The results of the analysis show that although a name-borrowing agreement can be made based on an agreement between the parties, objectives that are contrary to the law make this agreement legally invalid. This practice also violates the principle of freedom of contract because it is used to smuggle coercive legal provisions. The legal consequences of a name-borrowing agreement are null and void so the rights and obligations arising from the agreement are not recognized. In conclusion, the title loan agreement cannot be legally protected and has the potential to pose legal risks to the land objects involved. Therefore, legal protection can only be given to agreements made per applicable legal provisions.
JURIDICAL REVIEW OF THE TRANSFER OF LAND RIGHTS ORIGINATING FROM A DEBT AND CREDIT AGREEMENT : STUDY OF DECISION NUMBER 73/PDT/2018/PT SMG Kristanto, Adek Bagus; Novianto, Widodo Tresno; Purwadi , Hari
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.324

Abstract

The transfer of land rights originating from a debt agreement is a legal phenomenon that often occurs in society. The purpose of this study is to understand the legal actions in which the burdening of rights changes into a transfer of rights and to determine the legal consequences of the annulment of the transfer of rights based on court decision number 73/PDT/2018/PT SMG. The method used in this research is normative juridical law. The result of this research is that the annulment of the transfer of rights provides an important lesson that every transfer of rights must be carried out by adhering to valid legal procedures to avoid legal harm to the parties involved and to ensure legal certainty in the national land administration system.
NOTARY LIABILITY FOR THE DEED OF LOAN AND LOAN AGREEMENT THAT IS LEGALLY DEFECTIVE AND CANCELED BY THE JUDGE : STUDY OF DECISION NUMBER 22/PDT/2017/PT. AMB Priyanto, Gagah Putra; Suraji, Suraji; Nugraheni, Anjar Sri Ciptorukmi
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.329

Abstract

Deeds made by a notary, such as a deed of agreement, sale and purchase deed, or grant deed, have the force of law that binds the parties involved. Notaries are obliged to carry out their profession with full dedication and integrity. The purpose of this study is to find out the responsibility of the Notary for the legally defective Deed of Borrowing Agreement and to find out the legal consequences for the Deed of Borrowing Agreement that is legally defective and canceled by the judge. This legal research is a type of Normative legal research. The result of this study is that the cancellation of the agreement has a retroactive effect that cancels all rights and obligations previously regulated in the agreement. The status of the deed as an authentic document is lost, so its evidentiary power declines and can only be considered as a deed under hand.
IMPLEMENTATION OF JAKARTA ENTREPRENEUR PROGRAM IN CULINARY MSME DEVELOPMENT UNDER GOVERNOR REGULATION 2/2020 Hutauruk, Rahel; Nababan, Roida; Hertati Gultom, Meli
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.331

Abstract

This study aims to analyze the implementation of the Jakarta Entrepreneur Program in supporting the development of culinary MSMEs by the PPKUKM Office based on Governor Regulation No. 2 of 2020 and assess its effectiveness in encouraging the growth of culinary MSMEs. This study uses a normative legal research method with an analysis approach to legal norms, principles, and doctrines contained in laws and regulations as well as legal literature. This method relies on secondary data to evaluate legal rules and provide a systematic understanding of the policies implemented. The study results show that the Jakarta Entrepreneur Program aims to support the development of MSMEs, especially in the culinary sector, to improve community welfare and reduce poverty. This program covers seven main stages (7Ps), namely registration, training, mentoring, licensing, marketing, financial reporting, and financing. Although the program has succeeded in increasing MSME participation and providing free facilities such as packaging design and certification, various obstacles remain. Some of the main challenges include a limited understanding of entrepreneurship, technical problems, and the need to improve the effectiveness of the program. To increase the impact of the program, improvements are needed in training specifications, financial reporting systems, and ongoing evaluations to ensure the effectiveness and sustainability of the program in the long term.
INCREASING LEGAL AWARENESS OF MSME ENTREPRENEURS FOR TRADEMARK REGISTRATION AT DJKI Simatupang, Riris; Siregar , Hisar; Simamora , Sovia Febrina
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.332

Abstract

This study aims to analyze the legal implications for micro, small, and medium enterprises (MSMEs) that do not register their trademarks, as well as the legal steps that can be taken in the event of trademark infringement by another party. The method used is normative legal research, which focuses on a study of the legal norms governing trademark registration through the Directorate General of Intellectual Property (DJKI). This study was conducted by examining laws and regulations, court decisions, and academic literature to identify challenges and opportunities in the trademark registration process for MSMEs. The results showed that failure to register a trademark can lead to various legal, economic, and strategic risks, such as potential trademark infringement, loss of control over the market, and a weak legal position in dispute resolution. International legal frameworks, such as the Paris Convention and the TRIPS Agreement, emphasize that trademark registration is a key requirement for strong legal protection. In Indonesia, various protection mechanisms are available for MSMEs that experience trademark infringement, including civil lawsuits, criminal sanctions, and administrative complaints. Therefore, MSME actors are advised to immediately register their brands, obtain legal assistance, and encourage the simplification of law enforcement procedures to ensure the continuous protection of trademarks and increase competitiveness in the market.
JUDGES' CONSIDERATIONS IN PKPU DECISIONS AGAINST DEBTORS UNDERGOING HOMOLOGATION Simandalahi, Eli Ristiana; Anggusti, Martono; Nababan, Roida
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.333

Abstract

This study aims to analyze the legal considerations of judges in PKPU decisions against debtors who are executing homologation decisions and examine the legal provisions related to PKPU applications against the same debtor based on Law No. 37 of 2004. This study also highlights the legal phenomena related to two different decisions (homologation and bankruptcy) that occur to the same debtor and their legal impact on the company.  The method used in this research is a normative juridical approach with a case study of PT Sabang Subur. Data was collected through literature study and analysis of related court decisions. The results showed that the differences in legal interpretation in the application of PKPU to debtors who have carried out homologation can lead to legal uncertainty. Therefore, this research is expected to provide insight for legal practitioners regarding the aspects that need to be considered in making legal decisions related to PKPU applications to create legal certainty and justice in Indonesia.

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