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Anies Prima Dewi
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INDONESIA
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Published by Yayasan Pendidikan Kardin Assidiq
ISSN : -     EISSN : 31099769     DOI : 10.63868
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal ini membuka ruang bagi para akademisi, praktisi hukum, pembuat kebijakan, dan mahasiswa untuk mengeksplorasi gagasan baru yang relevan dengan pembaruan hukum, reformasi regulasi, dan praktik kebijakan yang berdampak. Ruang lingkup (scope) dimuat dalam jurnal ini meliputi: Reformasi hukum dan kebijakan publik, Hukum digital dan teknologi informasi, Hukum lingkungan, kesehatan, dan energi, Dinamika perundang-undangan dan politik hukum, Perbandingan sistem hukum nasional dan internasional, Hukum adat dan keadilan sosial, dan Inovasi dalam sistem peradilan dan administrasi negara.
Arjuna Subject : Umum - Umum
Articles 12 Documents
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Pengaturan Kewenangan Pengelolaan dan Pengamanan Wilayah Maritim Negara Supryadi, Ady; Aminwara, Rena
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 01 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i01.14

Abstract

Background: Indonesia's strategic position as the world's maritime axis underscores its identity as an archipelagic and maritime nation, serving as a central point in the global supply chain. This positioning, however, exposes Indonesia to various threats and disruptions that can impact maritime security. In response, the government has tried to address these challenges by formulating legal frameworks to enhance the country's maritime security. Despite the development of numerous regulations applicable at sea, these laws remain largely sectoral, resulting in disharmony and overlapping authorities within maritime security. Objective: This study aims to analyze the inconsistencies and overlaps in regulations and authorities governing Indonesia's maritime security due to the existence of sectoral legal products. Additionally, it recommends a comprehensive legal framework to facilitate effective maritime law enforcement. Method: The research employs normative legal research methodologies, utilising legislative and conceptual approaches, with data analysis conducted through descriptive qualitative methods. Results: The current regulatory authority for managing and securing Indonesia's maritime territory remains fragmented, leading to overlaps in implementation. Conclusion and Recommendation: The primary recommendation is for the government, in collaboration with the DPR, to promptly harmonize existing laws and regulations related to maritime affairs. Moreover, the mechanisms for law enforcement should be clearly and firmly established within these regulations to promote order and efficacy in maritime law enforcement.
Konsep Kedewasaan Usia Perkawinan dalam Masyarakat Sasak Hamdi; Asri; Amil; Bimantoro, Imam Isnaeni
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 01 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i01.16

Abstract

Background: Marriage is a physical and spiritual bond between a man and a woman, establishing a happy and eternal household based on the principles of the Almighty God. According to Article 7, paragraph (1) of Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage, marriage is only permitted when both the man and woman have reached the age of 19 years. In Indonesian society, marriages are typically conducted according to customary provisions that apply within the community. Purpose: This study aims to explain the concept of maturity in the context of marriage age within the Sasak tribe. Method: This research employs normative legal analysis, examining the application of positive legal principles through statue and conceptual approaches. Results: The concept of maturity in the Sasak community is rooted in religious understanding, particularly the concept of akil baligh, which refers to someone who has reached physical and mental maturity. At this point, they must adhere to Sharia law, known as mukallaf. In the Sasak culture, the concept of akil baligh translates into an individual's ability to think critically and take on responsibilities. For prospective brides, this means having the ability to weave, while for prospective grooms, it entails caring for two cows until they reach the age of 25. Conclusion and Recommendations: In alignment with the marriage age specified in Law Number 16 of 2019, Presidential Instruction Number 1 of 1991 regarding the Compilation of Islamic Law, and Regional Regulation of West Nusa Tenggara Province Number 5 of 2021 concerning the Prevention of Child Marriage, both prospective brides and grooms must be at least 19 years old. Further in-depth research is needed to examine the implementation and effectiveness of marriage age regulations in Indonesia, their impacts, and the challenges related to enforcement.
Analisis Perbandingan Hukum Pidana Indonesia dan Malaysia dalam Menangani Kasus Tindak Pidana Korupsi Dewi, Anies Prima; Iman, Yakin Nur
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 01 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i01.17

Abstract

Background: Corruption significantly threatens a nation's integrity and impedes development. Both Indonesia (through Law No. 31/1999, amended by Law No. 20/2001) and Malaysia (under the Malaysian Anti-Corruption Commission Act 2009) are working to combat this issue within their respective criminal law frameworks. A comparative analysis of these two systems is essential for understanding their approaches to addressing and resolving corruption cases. Objective: This comparative study aims to identify the fundamental similarities and differences between Indonesia's and Malaysia's criminal law systems concerning corruption. Additionally, it seeks to analyse the advantages and disadvantages of each system in their efforts to combat corruption, ultimately providing comprehensive insights. Method: This study employs a comparative juridical-normative literature review, examining relevant laws and regulations from both countries. Results: Both nations exhibit significant similarities, particularly in establishing special institutions investigating corruption. Indonesia's Corruption Eradication Commission (KPK) and Malaysia's Suruhanjaya Pencegah Rasuah Malaysia (SPRM) exemplify a strong commitment to tackling corruption. However, differences can be observed in their scope of authority, prosecution mechanisms, and sanctions. The KPK in Indonesia benefits from a high level of independence, while Malaysia may have the advantage of more expedited processes. Implementation challenges, including political resistance and resource constraints, may be disadvantages for both systems. Conclusion and Recommendations: The criminal justice systems in Indonesia and Malaysia share a key similarity in forming specialized institutions (the KPK and SPRM) to address corruption. Nevertheless, variations in authority and procedural details impact their overall effectiveness. Further in-depth research is recommended to evaluate the practical implementation, effectiveness of sanctions, and political challenges faced by the KPK and SPRM. Also, fostering an exchange of best practices between the two countries could promote continuous improvement in their efforts against corruption.
Perlindungan Hukum Konsumen Dalam Kontrak Jual Beli (Studi Perbandingan Hukum Indonesia dan Thailand) Wardiansyah, Kris; Andini, Aulia Marsya; Fardiillah, Roni
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 01 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i01.18

Abstract

Background: Consumer protection within contract law is vital to modern legal systems, especially in Indonesia and Thailand, where rapid economic growth presents unique challenges. Safeguarding consumer rights in sales and purchase agreements has become increasingly significant, underscoring the necessity for a comparative analysis of the legal frameworks in both nations. Objective: This study aims to compare the systems of consumer contract protection in Indonesia and Thailand, with a particular emphasis on the legal framework, protection mechanisms, implementation, and practices in sales and purchase transactions. Method: Employing a normative juridical approach and comparative analysis, the study investigates and contrasts both countries' consumer protection legal systems to identify their similarities and differences. Results: The findings indicate that Indonesia and Thailand share fundamental consumer protection principles, but their implementation strategies differ considerably. Indonesia adopts a comprehensive approach through Law No. 8 of 1999, whereas Thailand integrates consumer protection measures across various sectoral regulations, with a strong emphasis on alternative dispute resolution. Conclusion and Recommendations: Both countries are committed to consumer protection, albeit through differing legal frameworks. Indonesia could enhance its alternative dispute resolution mechanisms, while Thailand might benefit from consolidating its sectoral regulations to achieve greater consistency in consumer protection.
Eksistensi Peraturan Daerah Responsif-Partisipatif: Konkretisasi Politik Hukum yang Demokratis-Populis di Daerah Leonardy, Josep; Usfunan, Yohanes
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 01 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i01.19

Abstract

Background: The responsive-participatory approach in forming Regional Regulations involves democratic engagement, particularly the active participation of the community and direct stakeholders at all stages, as outlined in Law Number 12 of 2011. Objective: This participatory process enhances the effectiveness of Regional Regulations, as community acceptance, stemming from their involvement, is crucial for meeting legal needs rather than relying on enforcement coercion. Method: This study utilises normative legal research, applying laws through statutory and conceptual approaches. Results: The findings emphasise that a democratic political configuration fosters community involvement in drafting Regional Regulations, reflecting a democratic-populist legal agenda. Conclusion and Recommendations: It concludes that regulations developed without community input tend to be authoritarian and face rejection, whereas active participation fosters compliance with higher laws, supports law enforcement, and promotes democracy. Recommendations include the establishment of a Regional Regulation on Community Participation to strengthen legal clarity and commitment, ensuring that the community is involved in the legislative process through existing provisions.
Perlindungan Hukum Pasien dalam Pelayanan Kesehatan: Studi di IGD Puskesmas Sape Kabupaten Bima Suhardiyanto, Rifki; Dewi, Anies Prima; Syahrial Haq, Hilman; Sahrul
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 01 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Background: Indonesia has pressing issues regarding Quality health services and patient protection. This study investigates the legal protections available to patients who receive inadequate services, as provided by Law Number 8 of 1999 concerning Consumer Protection. It focuses on implementing health services in the emergency room at the Sape Community Health Center, Bima Regency. Objective: The primary aim of this study is to assess the legal protections for patients confronting substandard health services and to evaluate the effectiveness of these services in the emergency room. Method: The research employs a combination of normative and empirical legal methods. Data was gathered through document analysis, interviews, observations, and literature reviews, with qualitative descriptive techniques used for data analysis. Results: The findings reveal that Law Number 8 of 1999 offers significant protections for patients experiencing poor health services, including the right to clear information, safe medical procedures, and the ability to lodge negligence claims. However, the registration process, particularly for BPJS patients, is cumbersome, even though initial medical actions and observations are handled appropriately. Conclusion and Recommendations: While Law No. 8 of 1999 safeguards patient rights, it is recommended that the Sape Health Center streamline the registration process for BPJS patients and enhance the promotion of patient rights as stipulated under the Consumer Protection Law.
Relevansi Positivisme Hukum terhadap Rasionalitas Ilmu Hukum dan Praktik Penegakan Hukum Febrianty, Yenny; Ryendra, Nadya Restu; Zacharias, Vasco Javarison
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 02 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i02.35

Abstract

This study examines the relevance of legal positivism to the rationality of legal science and its impact on law enforcement practices in Indonesia. The research focuses on two central questions: how positivism is implemented in the development of legal science and how it is applied in law enforcement practice. The study employs a normative juridical method, utilising an approach that analyses legislation, doctrinal writings, legal principles, and theoretical perspectives from prominent legal scholars. This framework enables a systematic analysis of positivism as the dominant paradigm that shapes legal reasoning in both academic inquiry and institutional enforcement mechanisms. The findings suggest that the prevalence of positivism in legal scholarship fosters a reductionist tendency, where legal science primarily evolves as a practical discipline focused on normative texts and legal-dogmatic interpretation techniques. This focus limits the development of a more reflective, critical, and interdisciplinary approach. Although positivism contributes a logical order to legal methodology, the combination of empirical observation and formal logic is insufficient to capture the complexity of the social realities underlying the law. Therefore, the positivist framework requires complementary elements such as intuitive reasoning, holistic perspectives, and sensitivity to social dynamics. In the realm of law enforcement, the dominance of positivism results in a strong emphasis on rules, procedures, and administrative formalities. As a result, law enforcement practices can become disconnected from societal needs and the pursuit of substantive justice. While certainty positivism's primary value provides a transparent and predictable normative structure, the rigid application of this approach risks transforming the law from an instrument of justice into merely a mechanism for procedural compliance. Overall, this study concludes that the application of positivism in legal science and law enforcement presents both advantages and limitations. While positivism offers logical coherence and normative certainty, it must be balanced with reflective, contextual, and humanistic approaches to allow the law to develop comprehensively and achieve social justice.
Analisis Yuridis terhadap Modus Penghimpunan Dana Ilegal pada Investasi Forex FX Family dan Keterkaitannya dengan Tindak Pidana Pencucian Uang Niode, Putri Nadia; Hasnia, Hasnia; Boudelo, Nur Fadilah Putri Yahya; Ishak, Siti Fadilah Rahmawati; Lahamutu, Nurmila; Pelu, Dea Putri Adawiyah; Panto, Moh. Taufik; Firnanda, Dicky
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 02 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i02.39

Abstract

Illegal investment schemes, often disguised as forex trading, have increasingly been used to deceive the public. The case of FX Family illustrates how unlicensed fundraising and misleading profit claims are combined with the diversion of funds into various personal and third-party accounts. This creates a predicate crime that can lead to money laundering. This study aims to examine how the FX Family scheme meets the criteria for illegal fundraising and how its transaction patterns constitute money laundering, specifically through the processes of placement, layering, and integration. The research utilises a normative juridical method that incorporates statutory, conceptual, and case study approaches. Legal sources include the Anti-Money Laundering Law, financial services regulations, investigative documents, and court decisions related to the FX Family case. The findings indicate that FX Family's operations fail to meet the criteria for lawful investment activity, demonstrating clear patterns of money laundering through fund transfers, asset purchases, and the concealment of transaction flows. The study recommends strengthening regulatory oversight, improving coordination among financial authorities, and enhancing public awareness to prevent similar schemes and reduce economic losses.
Efektivitas Sanksi Denda dalam Mencegah Pernikahan Dini: Studi Sosio-Legal pada Siswa Sekolah Menengah di Lombok Tengah Wanto, Imawanto; Mantika, Aesthetica Fiorini; Haq, Hilman Syahrial; Astuti, Selfi Widia
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 02 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i02.44

Abstract

Early marriage remains a significant social issue in Indonesia, particularly affecting high school students. As a preventive strategy, SMAN 1 Janapria has implemented a policy that imposes financial sanctions (fines) on students who marry before graduating. This study aims to evaluate the effectiveness of this policy as a deterrent to early marriage and to examine the legal basis on which the school principal established this regulation. Using an empirical legal research design (socio-legal), data were collected through field observations, in-depth interviews, and document analysis. The findings show that the imposition of fines has had a positive impact on reducing early marriage rates within the school. This policy is supported by a consensus between the school committee and parents, aligning with the national regulations regarding child protection and the minimum marriage age. Though not explicitly required by statutory law, this policy is considered a legitimate administrative and educational preventive measure. The study concludes that financial sanctions are effective in mitigating early marriage among students and could serve as a viable policy model for other educational institutions facing similar challenges.
Aspek Hukum Isbat Nikah dengan Wali Muhakkam di Pengadilan Agama Imran, Imran; Idharulhaq, Idharulhaq
Juris Prima: Jurnal Inovasi Hukum dan Kebijakan Vol. 1 No. 02 (2025): Juris Prima: Jurnal Inovasi Hukum dan Kebijakan
Publisher : Yayasan Pendidikan Kardin Assidiq

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63868/jihk.v1i02.46

Abstract

Marriage confirmation is a legal mechanism provided by the Religious Court to validate a marriage that has been conducted in accordance with Islamic law but has not been registered by the state. Several issues often arise in the practice of marriage confirmation, including: (1) What are the reasons for the loss of rights of the aqrab/nasab guardian in marriage? (2) What are the legal implications of marriage with a muhakkam guardian? (3) How is marriage confirmation handled in a Religious Court when a muhakkam guardian is involved? This study aims to explore the legal aspects of marriage confirmation in the Religious Court concerning marriages that utilise a muhakkamah guardian. The analysis will examine this situation from both Islamic law and the applicable laws and regulations in Indonesia. The research method employed is normative legal research, incorporating statutory, conceptual, and empirical juridical approaches through a review of Religious Court decisions. The study's findings indicate that the use of a muhakkamah guardian in marriage leads to differing opinions among Religious Court judges, particularly regarding the validity of the marriage and the legal interests of the parties involved. Nonetheless, Religious Courts typically prioritise principles of benefit, legal protection for wives and children, and legal certainty when deciding on marriage confirmation requests. Accordingly, marriage confirmation for a marriage involving a muhakkamah guardian can be granted, provided it fulfils the pillars and requirements of marriage according to Islamic law and complies with the relevant statutory regulations.

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