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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 9 Documents
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Search results for , issue "Vol. 3 No. 2 (2026): ANAYASA" : 9 Documents clear
THE PHILOSOPHICAL PERSPECTIVE OF FEMINISM IN THE FIGHT FOR WOMEN'S RIGHTS Pratama, Audi; Kurniati, Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.445

Abstract

This study discusses feminist perspectives on morality and rationality in fighting for women's rights by highlighting how traditional moral and rational structures are often built on a patriarchal perspective that ignores women's experiences and judgments. Philosophical feminism views that morality and rationality, which have been understood in a patriarchal manner, have placed women in a position of subordination and limited their mobility in both the public and private spheres. This study uses a literature review method by collecting various sources such as books, scientific journals, and articles discussing feminist philosophy and the concept of freedom. The results of the study show that feminism emphasizes the importance of legal and public policy reform to achieve gender equality, as well as fighting for women's freedom in determining their personal and professional life choices. In addition, third-wave feminism, influenced by postmodernism, affirms the diversity of women's identities and experiences, rejecting a single generalization about women. In the context of law, feminism plays a role in criticizing systems that reinforce patriarchy and limit women's access to justice. Thus, the feminist perspective makes an important contribution to reinterpreting morality and rationality towards a more gender-equitable social order.
THE PRESIDENT'S PREROGATIVE IN GRANTING CLEMENCY TO NARCOTICS PRISONERS FROM THE PERSPECTIVE OF MAQASYIDUL SYARIAH Djumarsyil, Muh.; Sauqy, Ahmad Riyas; Kurniati , Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.464

Abstract

The phenomenon of granting clemency to narcotics prisoners in Indonesia, as part of the president's prerogative, raises tensions between legal certainty and humanitarian considerations. This research aims to analyze the mechanism and legitimacy of granting clemency through the ethical perspective of Islamic law, especially maqāṣid al-syarī' ah. By using normative legal research procedures through legislative, conceptual, and problem analysis approaches, this research examines primary and secondary legal materials. The main findings say that maqāṣid al-Syarī'ah provides a comprehensive evaluation framework, in which clemency can be morally justified if it is oriented towards the protection of the soul (ḥifẓ al-nafs), the restoration of ideas (ḥẓ al-aql) via rehabilitation, and restorative justice. However, research concludes that this prerogative should not ignore the public interest (maslaḥah'āmmah) as the highest consideration. The implication is that the clemency policy requires extreme prudence to avoid weakening law enforcement and justify balancing the justice of people and the protection of citizens from the dangers of narcotics.
LEGAL ANALYSIS OF PAWNBROKING IN FIQH MUAMALAH AND ITS IMPLICATIONS IN ISLAMIC FINANCE PRACTICE Nurlaela, Nurlaela; Mafaza, Arsya; Andhini, Andhini; Jamilah, Siti; Malik, Muhamad Ibnu
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.462

Abstract

Rahn (Sharia pawning) is a crucial instrument for mitigating collateral-based financing risk in Fiqh Muamalah, founded on the principles of ta'awun (mutual help) and justice. This study aims to analyze the normative basis of rahn, compare it with conventional pawning, and critically evaluate the implementation of Rahn Bi Ujrah in Islamic Financial Institutions (LKS) using a normative-comparative literature review approach. The findings indicate that while Rahn Bi Ujrah is jurisprudentially permissible, provided the ujrah (fee) is based on real costs and separated from the loan contract, structural contradictions exist in the practice of Sharia Banks. The determination of ujrah percentages correlating with the loan amount suggests that the fee functions as the price of capital usage, potentially violating the DSN-MUI Fatwa. Conversely, OJK regulations enforce Maqashid Syariah principles during the execution phase, mandating the return of surplus funds from collateral auctions to the customer. The study concludes that stricter regulatory standardization of ujrah is essential to ensure comprehensive compliance and maintain the credibility of the Islamic financial system.
PRACTICE OF CONSIGNMENT SERVICES IN ONLINE TRANSACTIONS: FIQH MUAMALAH ANALYSIS OF THE AGREEMENT AND ITS MECHANISM Sukaesih, Iis; Ulum, Mifathul; Alfarizi, M. Salman; Setiawan, Erik; Malik, Muhamad Ibnu
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.474

Abstract

The rapid growth of digital commerce has encouraged the emergence of personal shopper services (jastip) as a form of online transaction involving third-party intermediaries. This phenomenon raises questions regarding the validity of contracts and transaction mechanisms from the perspective of Islamic jurisprudence (fiqh muamalah). This article aims to analyze the practice of online jastip by examining the types of contracts applied and their conformity with fiqh muamalah principles. The study employs a qualitative approach through library research, analyzing classical and contemporary fiqh literature, journal articles, and relevant fatwas concerning digital transactions. The findings reveal that the jastip practice predominantly applies the wakalah bil ujrah contract, in which consumers authorize service providers to purchase goods on their behalf in exchange for a service fee. This practice is considered permissible under Islamic law provided that the essential elements of the contract such as clarity of parties, object, consent, and remuneration are fulfilled. However, the study also finds that lack of transparency and unclear contractual terms may lead to gharar, affecting the validity of the transaction. Therefore, it is concluded that the permissibility of online jastip depends not on its digital form, but on the fulfillment of fiqh muamalah principles in its contractual mechanism.
TRANSFORMATION OF CONTEMPORARY ISLAMIC LEGAL THINKING IN RESPONDING TO THE CHALLENGES OF TRADITION, MODERNITY, AND GLOBALIZATION Jusmin, Taslim; Ahmadi, M.Airil; Kurniati, Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.477

Abstract

The rapid development of global society, characterized by accelerating modernity and the expanding influence of globalization, poses significant challenges to the relevance and application of Islamic law. On the one hand, Islamic law is deeply rooted in the normative and textual tradition of classical fiqh; on the other hand, contemporary social realities demand legal responses that are adaptive, contextual, and oriented toward justice. This tension between tradition and change highlights the urgent need for a transformation of contemporary Islamic legal thought that preserves the normative legitimacy of the sharīʿah while responding effectively to modern challenges. This study aims to analyze the transformation of contemporary Islamic legal thought in addressing the challenges of tradition, modernity, and globalization, as well as to examine the normative framework that enables such transformation. The research employs a normative juridical method, using conceptual, philosophical, and statutory approaches by examining the Qur’an, Sunnah, principles of maqāṣid al-sharīʿah, and relevant national legislation. The findings indicate that Islamic law possesses inherent flexibility that allows for legal reconstruction through ijtihād, textual reinterpretation, and the strengthening of a maslaḥah-oriented approach. This transformation enables Islamic law to function as a living law capable of harmonizing with national legal systems and global values without losing its normative identity. Consequently, contemporary Islamic legal thought plays a crucial role in promoting a responsive, just, and public interest–oriented legal framework.
ANALYSIS OF THE CONCEPT OF WEALTH IN ISLAM AND ITS RELEVANCE TO THE DIGITAL ECONOMIC SYSTEM Efendi, Firman; Saeful Bahri, M. Rifky; Rahman A,M, Abdul; Fauzi Almuzabi, Moch.; Ibnu Malik, Muhammad
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.478

Abstract

This study examines the Islamic concept of wealth and its relevance to the digital economy, focusing on fiqh muamalah analysis of contracts and mechanisms in contemporary economic practices. Digital transformation has introduced new forms of wealth, including e-wallets, fintech platforms, and digital assets, challenging traditional fiqh perspectives on property and transactions. This research aims to clarify how Islamic legal theory accommodates digital wealth and evaluates the validity of digital contracts under shariah principles. Using a qualitative library research method, primary sources from the Qur’an, Hadith, and classical fiqh are analyzed alongside recent scholarly works on Islamic finance and digital economics. The findings indicate that the Islamic concept of wealth remains valid in the digital era, provided that ownership, value, and contractual clarity are maintained according to shariah criteria. Contracts in digital transactions are generally permissible if they uphold key fiqhi conditions and avoid prohibited elements such as riba, gharar, and maysir. Some digital assets, like certain cryptocurrencies, pose challenges due to volatility and uncertainty, requiring further normative development. The study concludes that fiqh muamalah is dynamic and capable of integrating digital economic practices, though further research and regulatory guidance are necessary to ensure full compliance with shariah objectives.
THE APPLICATION OF THE PRINCIPLE OF JUSTICE IN THE ENFORCEMENT OF HUMAN RIGHTS FROM THE PERSPECTIVE OF ISLAMIC LAW Tazkiyah, Livia Nurul; Khirani, Lisa Rihana; Kurniati, Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.492

Abstract

Human Rights are inherent and fundamental rights attached to every human being and must be respected, protected, and fulfilled. In the perspective of Islamic law, human rights are rooted in divine values, justice, humanity, and public welfare, aiming to safeguard human dignity in a comprehensive manner. This study aims to examine the essence of human rights from the perspective of Islamic law and its relevance within Indonesian society, analyze the mechanisms for the implementation and protection of Islamic human rights, and evaluate the impact of their implementation on social, legal, and constitutional life in Indonesia. This research employs a qualitative method with a library research approach and adopts a normative-philosophical framework by examiningprimary Islamic legal sources such as the Qur’an and Hadith, statutory regulations related to human rights, as well as relevant scholarly literature. The findings reveal that the concept of human rights in Islam is compatible with universal human rights principles and the Pancasila-based rule of law, particularly in upholding justice, equality, and respect for human dignity. The mechanisms for protecting Islamic human rights in Indonesia are implemented through the integration of Islamic values into the national legal system, the role of state institutions, religious courts, and civil society organizations. Furthermore, the implementation of Islamic human rights has contributed positively to strengthening social justice, protecting vulnerable groups, promoting religious tolerance, and improving public welfare. Therefore, the principles of justice in Islamic law play a strategic role in reinforcing human rights protection within Indonesia’s pluralistic society.
DIGITAL RADICALISM: IDEOLOGICAL SECURITY CHALLENGES IN THE SOCIAL MEDIA ERA Mansyur, Muhammad Abrar; Al Fath, Raditya; Kurniati , Kurniati
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.493

Abstract

Digital transformation has brought fundamental changes to various aspects of social, political, and religious life. The rapid development of social media and online platforms has not only expanded public participation but has also generated new challenges in the form of the dissemination of extremist ideologies, commonly referred to as digital radicalism. Digital radicalism refers to the spread of radical and extremist ideas through social media that occurs rapidly, massively, and is difficult to control. This phenomenon poses not only a threat to national security but also a serious challenge to ideological security, particularly to the values of Pancasila, pluralism, tolerance, and democracy in Indonesia. This article aims to comprehensively examine the phenomenon of digital radicalism, including its driving factors, the role of social media in the process of radicalization, and its implications for ideological security. The research employs a qualitative descriptive approach through a literature review by analyzing 30 scholarly references consisting of academic books, research reports, and relevant national and international journal articles. The findings indicate that digital radicalism develops as a result of a combination of ideological, social, political, and technological factors, reinforced by low levels of digital literacy and ideological awareness within society. Social media plays a significant role in accelerating the radicalization process through algorithmic mechanisms and information echo chambers. Therefore, strengthening Pancasila-based ideological education, enhancing digital literacy, promoting religious moderation, and revitalizing local wisdom are essential and sustainable strategies to address the challenges of digital radicalism in the era of social media.
RECONSTRUCTION OF THE REGULATION ON LAW ENFORCEMENT AGAINST PERPETRATORS OF ELECTORAL CRIMES IN ACHIEVING LEGAL CERTAINTY Eno, La Radi
ANAYASA : Journal of Legal Studies Vol. 3 No. 2 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i2.499

Abstract

This study aims to analyze and reconstruct the regulation of law enforcement against perpetrators of electoral crimes in order to achieve legal certainty. The research method employed is normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings indicate that the current regulation of law enforcement for electoral crimes has not fully reflected the principles of legal certainty, justice, and expediency. The weaknesses of these regulations are evident in the substantive regulation of electoral criminal law, the law enforcement mechanisms that have not been optimally integrated, and the overlapping authorities between election management bodies and law enforcement institutions. Therefore, a reconstruction of the regulation of law enforcement for electoral crimes is required, emphasizing the clarity of legal norms, the strengthening of law enforcement institutions, and the harmonization of laws and regulations. The regulatory reconstruction proposed in this study is expected to realize legal certainty in the enforcement of electoral crime laws, while also strengthening the quality of democracy and the implementation of the rule of law in Indonesia.

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