Anayasa
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.
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<![CDATA[JURIDICAL REVIEW OF LEGAL PROBLEMS IN E-COMMERCE ]]>
<![CDATA[Himawan, Oei Leonardo]]>;
<![CDATA[Sulaksono, Agam]]>;
<![CDATA[Suyatno, Suyatno]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.380
<![CDATA[Electronic commerce does provide many benefits, but it is also prone to violations of consumer rights. Law No. 19 of 2016 concerning ITE, Law No. 7 of 2014 concerning Trade and Law No. 8 of 1999 concerning Consumer Protection have indeed been prepared by the Government to deal with this matter in theory but not in practice where complications arise such as the viral case of ordering tiles worth 28.7 million consumers losing money and not getting their orders. The purpose of writing this law is to find out the position and responsibilities of the Dropshipper if there is a violation of Consumer Rights, and what regulations need to be applied by the Government to Dropshippers as e-commerce service providers in electronic trade transactions. The use of a normative perspective legislative approach aims to explain the legal position in online trade transactions. This study investigates legal principles, legal systematics, the degree of legal synchronization, and legal history. The data used are from secondary, primary, and tertiary legal sources. The result of this writing research is that legal certainty can be answered with preventive steps, namely recording the identity of e-commerce platform actors who are required to have a business license based on Article 15 of PP PMSE. As well as the need for the role of the Ministry of Communication and Information to strive to supervise business actors in e-commerce. ]]>
<![CDATA[THE AUTHORITY OF THE STATE ADMINISTRATIVE COURT (PTUN) TO ADJUDICATE POSITIVE FICTITIOUS DECISIONS FROM A PERSPECTIVE OF JUSTICE ]]>
<![CDATA[Laksono, Nowo]]>;
<![CDATA[Nasution, Krisnadi]]>;
<![CDATA[Budiarsih, Budiarsih]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.413
<![CDATA[The Administrative Court (PTUN) plays an important role in safeguarding the principles of legal certainty, justice, and protection of citizens' rights in Indonesia's administrative legal system. One of the emerging issues is positive fictitious decisions, which stipulate that if an administrative official does not issue a decision within a certain period, the petition is deemed to have been granted. This study aims to explore the authority of the PTUN in adjudicating positive fictitious decisions from a justice perspective. The method used is normative legal research that analyzes relevant regulations and their implementation in practice. The findings reveal that regulatory changes through Law No. 6 of 2023 have created legal uncertainty, reduced the PTUN's authority to adjudicate positive fictitious decisions, and created potential injustices for the public. This study recommends that the PTUN be granted the authority to adjudicate positive fictitious decisions while considering the principle of substantive justice, and the need for clearer regulations regarding oversight mechanisms within the automated administrative system. This study concludes that the removal of the PTUN's authority without clear alternative solutions contradicts the fundamental principles of the rule of law and has the potential to harm the public in accessing administrative justice.]]>
<![CDATA[THE CONCURRENT ROLE OF THE CENTRAL AND LOCAL GOVERNMENTS IN ADDRESSING THE POVERTY CYCLE IN INDONESIA ]]>
<![CDATA[Taufik, Muh Bambang]]>;
<![CDATA[Taqiyuddin BN , Andi Muh.]]>;
<![CDATA[Arief, Ahmad]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.414
<![CDATA[To overcome the cycle of poverty in Indonesia, competition between the central and regional governments creates its challenges. Although various social assistance and economic empowerment programmes have been launched, data from the Central Statistics Agency (BPS) shows that around 9.54% of Indonesia's population still lives below the poverty line in 2023. The reality on the ground shows that the mismatch between policies and the needs of communities at the local level often hinders the effectiveness of programmes. For example, direct cash transfers (BLT) received by communities are often insufficient to meet basic needs due to high living costs. Additionally, overlapping policies and a lack of coordination between the central and local governments cause confusion among beneficiaries. This results in social and economic vulnerability among communities, exacerbating the complexity of poverty issues that should be addressed. Therefore, a more integrated and responsive strategy tailored to local conditions is needed to achieve more effective results in poverty alleviation.]]>
<![CDATA[THE STRATEGIC FUNCTION OF EDUCATION BETWEEN INHERITANCE AND SOCIO-CULTURAL CHANGE IN THE CIREBON ENVIRONMENT: A SOCIOLOGICAL APPROACH ]]>
<![CDATA[Ratnaningsih, Fifit]]>;
<![CDATA[Udin, Tamsik]]>;
<![CDATA[Mulyana, Asep]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.401
<![CDATA[This article discusses the strategic function of education in the context of cultural and social heritage transmission and change in the Cirebon community, using a sociological approach. Education plays a role not only as a means of preserving local cultural values and traditions but also as an agent of change that encourages society to adapt to evolving social and cultural dynamics. This study examines how the education system in Cirebon strives to balance maintaining cultural heritage and responding to the challenges of modern social change. Using qualitative data and sociological analysis, the article reveals the crucial role of education in strengthening social and cultural identity while initiating constructive transformation within the Cirebon society.]]>
<![CDATA[The DYNAMICS OF SHIRKAH AND MUDHARABAH: SOCIOLOGICAL AND ANTHROPOLOGICAL ANALYSIS IN THE CONTEXT OF MODERN SOCIETY ]]>
<![CDATA[Heryana, Sandi]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Jubaedah, Dedah]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.422
<![CDATA[This study aims to analyze the dynamics of syirkah and mudharabah from a sociological and anthropological perspective in the context of modern society. As two forms of business cooperation in Islamic economics, syirkah and mudharabah face challenges and changes due to social, economic, and cultural developments. This research employs a descriptive method by analyzing secondary data from relevant literature and documents to reveal how social structures and cultural norms influence the practice of syirkah and mudharabah. The findings suggest that changes in social relationships, cultural norms, and the global economic system significantly shape the adaptation of these concepts in the modern era. These insights are expected to contribute to the development of Sharia-based economic collaborations that are more responsive to modern social and cultural dynamics.]]>
<![CDATA[LEGAL PROTECTION FOR GOJEK DRIVERS WHO EXPERIENCE WORK ACCIDENTS BASED ON LAW NUMBER 24 OF 2011 ON THE SOCIAL SECURITY ORGANIZING AGENCY (BPJS) ]]>
<![CDATA[Manihuruk, Teresa Akgriana Putri]]>;
<![CDATA[Habeaan, Besty]]>;
<![CDATA[Nababan, Roida]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.343
<![CDATA[Gojek drivers who experience work accidents, based on Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS). As workers who work in the online transportation sector, Gojek drivers often face the risk of work accidents that are not covered by the conventional social security system. In this context, examine how workers are protected in relation to the BPJS program when workers experience work accidents, and find out the legal consequences for workers who experience accidents while working. This research examines the protection mechanisms regulated by BPJS employment. So the results of this research show that regulations regarding workers who experience accidents while carrying out work have been regulated in the Employment Law.]]>
<![CDATA[THE URGENCY OF ASSET FORFEITURE LEGISLATION: OPTIMIZING THE PREVENTION OF CORRUPTION CRIMES ]]>
<![CDATA[Santoso, Hardi Anugrah]]>
<![CDATA[ ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA ]]>
Publisher : <![CDATA[PT. Altin Riset Publishing ]]>
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DOI: 10.61397/ays.v3i1.432
<![CDATA[To create a nation that is free and clean from corruption, the government has made various efforts, including by establishing the Corruption Eradication Commission (KPK). Thus, other instruments also need to be reviewed on the effectiveness of corruption eradication in Indonesia. The existence of this study aims to urge the ratification of the Asset Forfeiture Bill which can be an optimal tool in preventing corruption crimes. This research uses normative legal research methods, which are research that focuses on the study of written legal norms, such as laws, draft laws, regulations, and other legal documents. The analysis was carried out qualitatively to interpret, understand, and evaluate legal norms related to asset confiscation in the eradication of corruption in Indonesia. The results of the study show that there are consequences that have great potential to minimize the crime of corruption. Among them is a deterrent effect which will affect the psychological state for perpetrators of corruption crimes and narrow the space for misuse of the state budget which has the potential to have an impact on the loss of personal assets of the perpetrators.]]>
