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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 71 Documents
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DIGITAL RADICALISM: IDEOLOGICAL SECURITY CHALLENGES IN THE SOCIAL MEDIA ERA Muhammad Abrar Mansyur; Raditya Al Fath; 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 La Radi Eno
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.
ISLAMIC LEGAL PERSPECTIVE ON PROTECTION OF WOMEN VICTIMS OF FEMICIDE IN INDONESIA Nuranisa Nuranisa; Nur Wahyuni; 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.v3i2.496

Abstract

The phenomenon of femicide, or the killing of women based on gender-related motives, in Indonesia has shown a troubling increase, while the national legal system has yet to establish specific regulations addressing this crime. This legal vacuum results in the handling of femicide cases being limited to general homicide provisions under the Criminal Code (KUHP), without adequately considering the gender-based dimensions inherent in such acts.This study aims to analyze the protection of women as victims of femicide from the perspectives of Islamic law and positive law, as well as to examine how the principles of maqāṣid al-syarī‘ah and siyāsah syar‘iyyah can serve as a philosophical foundation for formulating national legal policies capable of preventing femicide and protecting women.The research employs a normative juridical approach with comparative and conceptual analysis, utilizing primary sources such as the Qur’an, Hadith, and principles of Islamic law, alongside secondary sources including the Criminal Code (KUHP), the Law on Sexual Violence Crimes (UU TPKS), and relevant legal literature.The findings indicate that Islamic law firmly prohibits all forms of violence and the killing of women, as such acts fundamentally contradict the principles of ḥifẓ al-nafs (protection of life) and the overarching notion of justice within Islamic jurisprudence. Meanwhile, the national legal system urgently requires regulatory reform through the integration of the values of maqāṣid al-syarī‘ah and siyāsah syar‘iyyah into the formation of a Gender-Just, Humanistic, and Comprehensive Anti-Femicide Law.
A LEGAL ANALYSIS OF LAW ENFORCEMENT REGARDING THE ABUSE OF PRESS FREEDOM IN ONLINE MEDIA IN INDONESIA Lesmana Pranata; Edi Saputra Hasibuan
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.547

Abstract

The development of digital technology has brought about significant transformations to the press system in Indonesia, particularly through the emergence of online media, which has accelerated the distribution of information and expanded public access. However, this development has also raised various legal issues, such as the spread of unverified news, hoaxes, clickbait, and the potential for abuse of press freedom. This study aims to analyze the legal framework governing press freedom in Indonesia, forms of its abuse in online media, and the roles of the Press Council and law enforcement agencies in resolving press disputes in the digital age. The research method employed is a normative legal approach using legislative and conceptual frameworks. The data utilized includes primary, secondary, and tertiary legal sources, which were analyzed qualitatively through legal interpretation and deductive reasoning. The research findings indicate that press freedom in Indonesia has a strong legal foundation through the 1945 Constitution of the Republic of Indonesia and Law No. 40 of 1999 on the Press; however, in practice, it still faces challenges in the form of regulatory overlap with the ITE Law and the Criminal Code. Furthermore, there is a lack of coordination in the handling of press disputes between the Press Council and law enforcement agencies, which has the potential to create legal uncertainty and lead to the criminalization of the press. The rise of digital media has further exacerbated the situation by accelerating the spread of unverified information and blurring the line between professional journalism and user-generated content. Therefore, regulatory harmonization, institutional strengthening, and improved digital literacy are needed to strike a balance between press freedom and legal accountability in the digital age.
PERSONAL DATA PROTECTION AND LAW ENFORCEMENT AGAINST INFORMATION MANIPULATION ON SOCIAL MEDIA Rochmadi Wicaksono; Edi Saputra Hasibuan
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.548

Abstract

Advances in information and communication technology have brought about significant changes in the use of social media as a means of communication and information exchange in society. However, these advances have also given rise to new legal issues, particularly regarding the protection of personal data and the manipulation of digital information. This study aims to analyze the forms of legal protection for the personal data of social media users based on Indonesian laws and regulations, as well as to examine the effectiveness of law enforcement against information manipulation from a cyberlaw perspective. The research method used is normative legal research employing both a statutory and a conceptual approach. The results show that legal protection for personal data is regulated by the Electronic Information and Transactions Law and the Personal Data Protection Law, which recognize the right to privacy, the obligations of data controllers, and administrative and criminal sanctions for personal data violations. However, implementation still faces various obstacles, such as low levels of digital literacy among the public and limited oversight. Meanwhile, law enforcement against information manipulation on social media has not been effective due to limitations in legal substance, the capabilities of law enforcement officials, and technological challenges such as deepfakes and the borderless nature of the internet. Therefore, it is necessary to strengthen regulations, enhance the capacity of law enforcement officials, and improve the public’s digital literacy to create more effective legal protection in the digital age.
THE REVITALIZATION OF ULTIMUM REMEDIUM IN THE REFORM OF INDONESIA’S CRIMINAL JUSTICE SYSTEM Fajar Rachmad Dwi Miarsa; Hermawan Hermawan; Ophie Virginia; Nonaqu Beautyla Putri
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.549

Abstract

This study examines the revitalization of the principle of ultimum remedium in the reform of Indonesia’s criminal justice system, which reflects a paradigm shift from a retributive approach to restorative, corrective, and rehabilitative approaches, as embodied in Law No. 1 of 2023 on the National Criminal Code. The issue examined is the deviation in the application of the ultimum remedium principle, which in practice has shifted to primum remedium, resulting in criminal law often being used as the primary means of punishment. This situation fuels overcriminalization and increases the burden on correctional institutions. This study employs a normative legal method using legislative, conceptual, and historical approaches through qualitative analysis of primary and secondary legal sources. The results of the study indicate that although the National Criminal Code has strengthened alternative sentencing and restorative justice, the application of the principle of ultimum remedium remains hindered by the legal culture of law enforcement officials, the broad scope of discretion, and inconsistencies in law enforcement practices. Revitalizing the principle of ultimum remedium is necessary so that criminal law truly serves as a last resort in resolving cases, thereby creating a penal system that is proportional, humane, and oriented toward substantive justice and the protection of human rights.
A NORMATIVE LEGAL STUDY OF THE INDEPENDENCE OF THE JUDICIAL BRANCH OF THE CONSTITUTIONAL COURT WITHIN THE SYSTEM FOR APPOINTING CONSTITUTIONAL COURT JUSTICES IN INDONESIA Tomi Agustian; Dinda Setiawati
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.558

Abstract

Article 24, paragraph 1 of the 1945 Constitution states, “The judicial branch is an independent branch of government responsible for administering justice to uphold the law and justice,” However, Article 24C, paragraph (3) of the 1945 Constitution of the Republic of Indonesia stipulates that the Constitutional Court shall consist of nine constitutional justices appointed by the President, with three nominees each proposed by the Supreme Court, the People’s Representative Council, and the President,” and in Law No. 7 of 2020 on the Constitutional Court, Article 18(1) states that three Constitutional Court Justices are nominated each by the Supreme Court, the People’s Representative Council, and the President. Thus, the President, the Supreme Court, and the People’s Representative Council. This study aims to examine the independence of the Constitutional Court in Indonesia. It employs a normative legal approach. The conclusion is that the nomination process for the nine Constitutional Court Justices—proposed by the President, the House of Representatives, and the Supreme Court—may influence a judge’s decision-making, particularly regarding the review of legislative acts issued by the House of Representatives and the President, as well as the review of laws —which falls under the authority of the President and the Supreme Court—as well as adjudicating election disputes and the dissolution of political parties, all of which are within the Constitutional Court’s jurisdiction as stipulated in the 1945 Constitution,  thereby undermining the intent of Article 24, paragraph 1, of the 1945 Constitution, which safeguards the independence of the judiciary in upholding justice in accordance with the ideals of the 1945 Constitution.
LEGAL AND POLITICAL ASPECTS OF GRANTING MINING BUSINESS LICENSES TO CIVIL SOCIETY ORGANIZATIONS UNDER GOVERNMENT REGULATION NO. 25 OF 2024 Nur Lian; Atep Abdurofiq; Muhammad Rullyandi
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.562

Abstract

This study examines the legal policy underlying the issuance of Government Regulation No. 25 of 2024, which grants priority access to Special Mining Business Permit Areas to civil society organizations through their business entities. Using a normative legal methodology as well as legal, conceptual, and historical approaches, this study analyzes the policy’s compliance with the hierarchy of laws, general principles of good governance, and principles of sustainable mining governance. The study’s findings indicate that the legal policy underlying Government Regulation No. 25 of 2024 is heavily influenced by short-term political interests that override the principles of the rule of law. This policy not only violates the hierarchy of laws by preempting its legal foundation but also disregards the principles of legal certainty, prudence, and transparency. The failure to integrate robust transparency and accountability mechanisms creates opportunities for the misuse of permits, the buying and selling of permits, and conflicts of interest. The legal implications for natural resource management and public welfare are significant, as this policy has the potential to transform the function of civil society organizations from social entities into commercial entities, threatening the principles of distributive justice and undermining the state’s right to control natural resources. This study recommends a comprehensive revision of GR 25/2024 by strengthening oversight, transparency, and clear boundaries so that civil society organizations can participate in the mining sector without sacrificing the principles of good governance and social justice.
ENGAGEMENTS CANCELED DUE TO DOWRY PAYMENTS: A NORMATIVE, PHILOSOPHICAL, AND SOCIOLOGICAL PERSPECTIVE IN ILIR TALO SUBDISTRICT, SELUMA REGENCY Helbet Triono; Miti Yarmunida; Iim Fahimah
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.606

Abstract

The tradition of the “uang hantaran” is part of the customary practices of the Serawai community in Ilir Talo Subdistrict, Seluma Regency, and its implementation can be one of the factors leading to the cancellation of a marriage proposal. This study aims to analyze the process leading to the cancellation of marriage proposals due to betrothal money and to examine it from normative, philosophical, and sociological perspectives. This study employs a qualitative research method, specifically field research, using an empirical-juridical, sociological, conceptual, and Islamic law approach. Data were collected through interviews, observations, and documentation from traditional leaders, religious leaders, and community members who have experienced engagement cancellations due to dowry payments. Data analysis was conducted through the stages of data reduction, data presentation, conclusion drawing, and verification. The research findings indicate that the cancellation of a marriage proposal is not solely caused by the high amount of the betrothal gift but results from the interaction of various factors, including changes to the initial agreement, additional demands made outside the scope of the deliberation process, the economic capacity of the prospective groom, the educational level of the prospective bride, the family’s social status, and pressure from the extended family to maintain the family’s prestige and honor. Normatively, the cancellation of a proposal is permissible because the betrothal has not yet resulted in legal consequences such as marriage; however, ethical considerations and the greater good must still be taken into account. Philosophically, the setting of an excessive betrothal gift amount is inconsistent with the values of justice, the greater good, and the maqashid al-sharia. Sociologically, the betrothal gift represents a “living law” in Serawai society, having shifted in meaning from a symbol of respect to a component of social prestige. Therefore, the tradition of the betrothal gift must be carried out based on mutual consultation, the financial capacity of the parties involved, justice, and the common good so that it remains in harmony with the objectives of both customary law and Sharia.
THE ROLE OF THE VILLAGE GOVERNMENT AND LAW ENFORCEMENT OFFICIALS IN PREVENTING CONFLICTS BETWEEN YOUTH GROUPS IN CAMPUREJO VILLAGE Nur Salim; Femas Syahrul Khuasaini; Uyun Nur Mu’azizah
ANAYASA : Journal of Legal Studies Vol. 4 No. 1 (2026): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v4i1.614

Abstract

This study aims to analyze the role of the village government and law enforcement officials in educating youth groups about conflict prevention in Campurejo Village, as well as to identify the factors that support and hinder its implementation. The study employs a qualitative approach with a descriptive design using the case study method. Informants were selected through purposive sampling and included the village head and village officials, Bhabinkamtibmas (community police officers), Babinsa (military officers), youth organization leaders, community leaders, and young people with experience or knowledge regarding potential conflicts. Data were collected through in-depth interviews, participant observation, and document analysis, then analyzed using the Miles and Huberman interactive model through data reduction, data presentation, and drawing conclusions. Data validity was strengthened through triangulation of sources and techniques. The results of the study indicate that the village government plays a role through legal awareness campaigns, strengthening the youth organization, educating youth and families, and facilitating village deliberations. Law enforcement officials play a role through preemptive outreach, preventive patrols, direct communication, and restorative justice-based mediation following incidents. Village deliberations and restorative mediation are perceived as the most effective because they promote participatory conflict resolution. However, budget constraints, suboptimal youth participation, and social media provocation are the main obstacles. The study recommends a conflict prevention model based on cross-actor collaboration that is preventive, participatory, and sustainable.

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