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INDONESIA
Journal of Legal Studies
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 11 Documents
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Search results for , issue "Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies" : 11 Documents clear
JURIDICAL IMPLICATIONS OF USING CRYPTOCURRENCY AS A PAYMENT TOOL Itok Dwi Kurniawan
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.18

Abstract

This article aims to analyze the use of cryptocurrency as a substitute for conventional currency in Indonesia. The article is written using normative legal research methods with conceptual and legislative approaches. The results of this research indicate that cryptocurrency can be considered as a solution for a different level of payment system; however, the demand for this type of cryptocurrency is not proportionate to its supply. As a result, cryptocurrency is unlikely to become an everyday payment tool but may serve as a more specific means of payment or exchange at a certain level. Currently, cryptocurrency can only function as an investment tool that is bought and sold, making it challenging when directly compared to traditional currency for daily payment purposes. The opportunity for cryptocurrency to replace conventional currency in Indonesia is very small. This is due to the unstable (highly fluctuating) value of cryptocurrency and the absence of an authority determining its value.
ANALYSIS OF JUDGES' CONSIDRATIONS IN DECIDING CRIMINAL SANCTIONS AGAINST PEOPLE OF NARCOTICS ABUSE CRIMES IN MEDAN STATE COURT Rasina Padeni Nasution; Sekar Ayu Diningrum; Rahmat Insani Siregar; Heny Aprilla Saragih; Roy Andika Wiwara Matondang
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.38

Abstract

This study aims to determine and analyze the basic considerations of judges in the criminal verdict against drug criminals in the Medan District Court, knowing the factors that influence the judge's ruling against the perpetrators of particular crimes in violation of Article 127 Paragraph (1) and 112 Paragraph (2) of Law No. 35 of 2009 on narcotics. The data used is secondary data from the judge's decision. The analytical approach used is the approach and the concept of criminal law cases. These results indicate that the judge decided the case using the consideration of evidence as mentioned in the Criminal Code. The factors that influence the judge's decision cover three things, namely: the law of its own factor, the perpetrators factor, and the judge's concerned actors.
LEGAL PROTECTION OF WOMEN WORKERS IN THE INDUSTRIAL ERA 5.0 Grenaldo Ginting; Sultan Hady; Helson Hamid
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.90

Abstract

Objective study This is for analysing legal protection for female workers in the industrial era 5.0. The method used is a qualitative method study with type study studies as references. Types of studies References used for digging deep understanding about a topic or phenomenon with an analysis of literature and where are the relevant sources? in study This relates to legal protection for female workers in the Industrial Era 5.0. As for the data, it was obtained through study and analysis of various references, like journal books, scientific articles, and documents related to the topic being researched. Then, the researcher found an interesting thread in red. Finally, draw conclusions based on the results, findings, and study. Results study This leads to the conclusion that protection laws for workers and women both within and outside of the country become the primary focus of guard supremacy laws in various countries. Protection for working women can be significantly improved by implementing strong policies, enforcing strict regulations, and taking active roles from the government, international organisations, and society. In the Industry 5.0 era, protection laws for women need adaptation to the dynamics just brought by technology. Comprehensive regulations and implementation technology For detection early, education, encouraging gender equality, cooperation between government and private sector, as well as enforcement of strong laws, become elements important in ensuring effective protection for women in the environment.
LEGAL ANALYSIS OF THE IMPACT OF LAW NUMBER 45 OF 2009 ON UNLAWFUL FISHING ACTIVITIES IN THE NATUNA REGION Emirza Henderlan Harahap
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.91

Abstract

The aim of this research is to analyze the law regarding the impact of law number 45 of 2009 on unlawful fishing activities in the Natuna region .Researchers use normative law as their research methodology.  Normative law is a type of research that uses law as a system of norms . This norm system involves norms, rules, principles and legal regulations. Normative research is a process of finding legal rules, principles, or theories to solve legal problems. Normative research, also known as doctrinal law, is a type of research that aims to develop new theories, concepts or arguments to help solve problems . The results of this research are that many illegal fishing activities occur in the Natuna sea. Apart from that, the lack of supervision has resulted in a large number of individuals from foreign countries. So the elements resulting in illegal fishing ( fishing) in Natuna waters are as follows: very limited skills for investigators in the field of fisheries as well as TNI-AL officers and law enforcement officers in the field of maritime affairs and fisheries, as well as prosecutors and judges; lack of coordination and equality between law enforcers; lack of plans to implement law enforcement systematically and over a long period of time; lack of integrity of law enforcement, which is capable of having an impact on the process and law enforcement.
THE INFLUENCE OF THE PERSONAL DATA PROTECTION LAW (UU PDP) ON LAW ENFORCEMENT IN THE DIGITAL ERA Fenny Bintarawati
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.92

Abstract

Objective study This study examines the influence of the Constitution personal data protection (PDP) law against law enforcement in the digital era. Method used is method study qualitative with type study studies. References . Types of studies References used for digging deep understanding about a topic or phenomenon with an analysis of literature and where are the relevant sources? in study This related influence of the Constitution personal data protection (PDP) law against law enforcement in the digital era. As for the data, it was obtained through study and analysis of various references, like journals, scientific articles, and documents related to the topic being researched. Then, the researcher read an interesting thread and concluded from the results, findings, and study. Results study This leads to the conclusion that complexity influences Constitutional Personal Data Protection and enforcement law in the digital era. Even though the PDP Law provides an important basis, the challenges and dynamics faced need a planned response and coordination from the government,  private sector, and public. Overcome problem enforcement The PDP Law in the digital era requires effort, collaboration, and solutions integrated from party authority, sector private, community, and holder interests. With a thorough understanding of the problem, an effective strategy can be developed to ensure that personal data protection remains a top priority in the ever-expanding digital world.
IMPLEMENTATION OF ENVIRONMENTAL LAW AND ENVIRONMENTAL PRESERVATION EFFORTS IN INDONESIA Althea Serafim Kriswandaru; Arief Fahmi Lubis
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.93

Abstract

Objective study For the analysis of the implementation of environmental law and environmental conservation efforts in Indonesia, the methods used are method study qualitative and type study studies. References . Types of studies References used for digging deep understanding about a topic or phenomenon with analyzing literature And where are the relevant sources? in study This is related to the implementation of environmental laws and environmental conservation efforts in Indonesia. As for the data, it was obtained through the study and analysis of various references, like journals, scientific articles, and documents related to the topic being researched. Then, the researcher read an interesting thread and concluded from the results, findings, and study. Results study This leads to a conclusion. In the context of implementing environmental law and environmental conservation efforts in Indonesia, this research identifies a number of key aspects. Implementation of environmental law is faced with a number of challenges, including conflicts of interest, unequal access to the law, and differences in capacity at the regional government level. However, environmental conservation efforts in Indonesia also show positive initiatives, such as natural habitat conservation, reforestation programs, and renewable energy development. Technological and social innovations are key to increasing the effectiveness of conservation efforts.
CONSTITUTIONAL COURT RULING NUMBER 90/PUU-XXI/2023 REGARDING ASPECTS OF HUMAN RIGHTS Fuad Hasim
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.98

Abstract

The aim of this research is to examine the Constitutional Court decision Number 90/PUU-XXI/2023 on aspects of human rights. This research uses a juridical-normative approach by examining the legal aspects of Constitutional Court Decision No. 90/PUU-XXI/2023 through a literature review. The focus of research here is on aspects of human rights (HAM) and power holders. In this case, the Constitutional Court's decision received public attention regarding the age limit for presidential and vice presidential candidates, giving rise to pros and cons in society. This literature review highlights the controversy over Constitutional Court Decision Number 90/PUU-XXI/2023 and analyzes the authority of the Constitutional Court in the context of human rights and power holders. The discussion involved the principle of separation of powers and the role of the Constitutional Court as a judicial institution. Although the Constitutional Court's decisions reflect constitutional interpretation, their impact on political and social dynamics shows the complexity of the relationship between law and social life. The results of this research show A careful and comprehensive analysis of the Constitutional Court's decision Number 90/PUU-XXI/2023 shows the complexity of the relationship between law, political decisions, and social life, as well as the importance of a deep understanding of the legal and constitutional context in evaluating the consequences of certain legal decisions.
DOMESTIC VIOLENCE PERMITTED BY HUSBAND AGAINST WIFE FROM A CRIMINOLOGICAL PERSPECTIVE Ica Karina; Jupri Wandy Banjarnahor
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.100

Abstract

From a perspective, this study aims to ascertain the causes of husbands' violence against wives and attempts to stop such violent acts. The data used to answer the problems in this research was obtained through a literature study by reading, quoting, studying, and reviewing existing literature or materials, as well as laws and regulations related to the problems studied. The research results show that the factors causing violence perpetrated by husbands against their wives are economic factors, partner behavioural factors, and psychological factors. Economic factors are the things that most often trigger domestic violence. This starts with the husband's duty, which should not only fulfil basic needs but also other needs that must be met. Environmental factors, namely the place and social environment, sometimes bring their own colour to a person's life. Psychology is one of the causes of domestic violence because the psychological condition of a wife is different and can also determine the size of the actions taken. Efforts made to overcome violence perpetrated by husbands against wives are preventive, curative, and medical. Preventive measures are social control measures carried out to prevent or reduce the possibility of undesirable things occurring in the future. Curative efforts are efforts to overcome domestic violence or actions taken to treat victims in an integrated manner. Medical efforts are efforts to overcome domestic violence by providing the services of a health worker again to undergo.
THE NATURE OF LAW IN PERSPECTIVE COMPARATIVE LAW Harmono Harmono
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.101

Abstract

Understanding the legal system as a complete unit, including institutions, procedures, and legal rules, where one element or sub-system has a relationship with other sub-systems. Law as a system has complexity and multiple perspectives, both the law in our own country, such as customary law, Islamic law, and our positive law, as well as western law, such as common law and the civil law system. We can see this complexity and multi-perspective, for example, in Islamic law, which considers religion and law to be one. Meanwhile, the Western legal system, especially in mainland Europe, is carried out through the formation of codification, in contrast to customary law, whose legal identity grows with the identity of the community that forms it, while positive law or national law in our country, Indonesia, which cannot be denied, still uses most of the written law that comes from "inheritance."" invaders. However, the differences in legal systems essentially mean that law always leads to the realization of justice, order, and order in society.
IMPLEMENTATION OF TERM DEPOSIT GUARANBINDING AT PT. BANK MANDIRI (PERSERO) TBK. MANDIRI PALEMBANG SUPPORT BRANCH OFFICE REGIONAL OFFICE II Ananda Nurhayati; Abdul Hamid Usman; Yonani Hasyim
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 Januari (2024): Anayasa: Journal of Legal Studies
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.103

Abstract

The purpose of this research is to determine the implementation of the binding of term deposit pledge guarantees on PT. Bank M Andiri (persero) T bk. Mandiri Palembang sub-branch office Regional Office I. This researcher used a juridical-empirical research methodology with literature studies and field studies, specifically through an approach to statutory regulations and other legal materials related to the problem as well as through observations and interviews with related parties, including related officials. credit agreement at PT. Bank Mandiri (Persero) Tbk. Mandiri KCP Palembang Regional Office II The results of this research indicate that the implementation of binding collateral for term deposits at PT. Bank Mandiri (Persero) Tbk. Mandiri KCP Palembang Regional Office II by implementing binding guarantees for term deposit pledges at PT. Bank Mandiri (Persero) Tbk. was carried out in five stages, namely the first stage by binding credit as the main agreement where it is stated that the credit guarantee is a deposit. The second stage, namely binding the deposit, is carried out by making a deed of pledge agreement between the deposit owner and the bank. The third stage is handing over the guaranteed deposit slip to the pawn holder, in this case, the bank. In the fourth stage, together with the third stage, the deposit owner or guarantor must authorize the pawn holder or bank to disburse the deposit in the event that the deposit owner or debtor defaults. In the fifth stage, the creditor, as the recipient of the deposit pledge, will block the collateral deposit in accordance with the terms of the credit agreement. This means that as long as the credit from the main agreement has not been repaid, the collateral deposit will be blocked.

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