ANAYASA : Journal of Legal Studies
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FORCED DEFENSE OF THE CRIME OF THEFT ACCORDING TO THE KUHP FROM THE PERSPECTIVE OF ISLAMIC LAW
No full textThe purpose of this study is to reveal self-defense according to Islamic law and the Criminal Code article as well as the view of Islamic law on forced defense from the crime of theft based on the Criminal Code. This research is qualitative, the type of research is library research. The data collection method used is a literature study. The results showed that; 1) Islamic law views theft as a serious crime with strict hudud sanctions, while in the Indonesian Criminal Code, theft is regulated by imprisonment or fines according to the severity of the case. 2) Forced defense in the context of theft is recognized by both legal systems, with Islam emphasizing the obligation to defend oneself from arbitrariness, and the Criminal Code allowing self-defense with proportional action. 3) Forced defense regulated in the Criminal Code Article is largely per Islamic law, the person who defends himself gets legal protection, the defense must be proportional and the defense is carried out if there is no other way to avoid danger
IMPLEMENTATION OF JAKARTA ENTREPRENEUR PROGRAM IN CULINARY MSME DEVELOPMENT UNDER GOVERNOR REGULATION 2/2020
No full textThis study aims to analyze the implementation of the Jakarta Entrepreneur Program in supporting the development of culinary MSMEs by the PPKUKM Office based on Governor Regulation No. 2 of 2020 and assess its effectiveness in encouraging the growth of culinary MSMEs. This study uses a normative legal research method with an analysis approach to legal norms, principles, and doctrines contained in laws and regulations as well as legal literature. This method relies on secondary data to evaluate legal rules and provide a systematic understanding of the policies implemented. The study results show that the Jakarta Entrepreneur Program aims to support the development of MSMEs, especially in the culinary sector, to improve community welfare and reduce poverty. This program covers seven main stages (7Ps), namely registration, training, mentoring, licensing, marketing, financial reporting, and financing. Although the program has succeeded in increasing MSME participation and providing free facilities such as packaging design and certification, various obstacles remain. Some of the main challenges include a limited understanding of entrepreneurship, technical problems, and the need to improve the effectiveness of the program. To increase the impact of the program, improvements are needed in training specifications, financial reporting systems, and ongoing evaluations to ensure the effectiveness and sustainability of the program in the long term
THE IMPORTANCE OF FOSTERING LEGAL AWARENESS OF THE PERSONALITY OF PRISONERS IN REALISING GOOD AND RESPONSIBLE CITIZENSHIP
No full textCoaching has an important role in realizing the purpose of correctional facilities. One of the coaching that is important in forming the foundation of the prisoner's personality is the development of legal awareness that is instilled to form a good and responsible citizen. Legal awareness coaching is implemented programmatically in various prisons in Indonesia. However, in its implementation, there are various challenges faced, one of which is overcrowding. This paper aims to find out the implementation of the legal awareness coaching program, especially in Lapas Klas IIA Kediri as the main locus amid various obstacles faced. Data collection techniques used in making research are obtained from direct observation and interviews with officers and prisoners. The results obtained in the field show that there are various efforts and innovations made by the Kediri Klas IIA Correctional Facility in fostering legal awareness, both in terms of coaching programs, as well as humanist approaches taken by officers related to instilling values, morals, and understanding of the law. Therefore, as the frontline in realizing the correctional goal, various technical implementation units must compete in innovating in realizing coaching programs, especially legal awareness in the obstacles faced such as overcrowding
JURIDICAL IMPLICATIONS OF USING CRYPTOCURRENCY AS A PAYMENT TOOL
No full textThis 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
CONSTITUTIONAL COURT RULING NUMBER 90/PUU-XXI/2023 REGARDING ASPECTS OF HUMAN RIGHTS
No full textThe 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
THE IMPACT OF SOCIAL REHABILITATION ON PRISONERS IN NARCOTICS PRISON CLASS IIA PEMATANG SIANTAR
No full textThis rehabilitation goal is in line with the correctional system which focuses more on improving the behavior and morals of individuals who violate the law. This research method is qualitative, aiming to describe social phenomena from the participant's perspective and produce descriptive data through interviews, field notes, and data analysis to understand the phenomenon being studied. The results of interviews with drivers at the Class IIA Pematang Siantar prison showed that the social rehabilitation program had a positive impact in the form of changes in thought patterns, increased happiness, emotional control, clearer thinking, reduced stress, recovery from trauma, improved appearance, good social relationships, motivation. Looking for work, and the desire for a better life after release. There are also several factors supporting the progress of social rehabilitation in the Pematang Siantar Class IIA Narcotics Prison
MAQĀṢID AL-SHARI'AH THEORY BY IMAM AL-SYĀṬIBĪ
No full textThe purpose of this study is to explain the theory and application of Maqāṣid al-Syari'ah from al-Syāṭibī's perspective. This research is qualitative, the type of research is library research. The data collection method used is a literature study. The results showed that; First, Maqāṣid al-Syari'ah is the central theme that became the foundation of Imam al-Syatibi in determining the law. According to Imam al-Syatibi, the main purpose of Maqāṣid al-Syari'ah is to organize the natural order by realizing maslahah and avoiding damage. Departing from the purpose of istinbat all laws in Islam which is the essence of maqasid al-Syariah that is implied and explicit, it is impossible to realize hifz al-din with the intention or purpose of neglecting hifz al-nafs, hifz al-nasl, hifz al-mal, and hifz al-'aql. Second, the application of Maqāṣid al-Shari'ah can be seen in the adoption of three maslahat, namely primary, secondary, and tertiary maslahat in contemporary muamalah. For example, the application of primary maslahat in the use of AstraZeneca vaccine which contains elements from pigs. Furthermore, the application of secondary maslahat to the practice of Islamic mutual funds is considered very urgent, because not a few have property, but are unable to manage or organize it. As for the application of tertiary maslahat in transactions via telephone, internet, instagram, WhatsApp, and other social media applications
LEGAL ANALYSIS OF THE IMPACT OF LAW NUMBER 45 OF 2009 ON UNLAWFUL FISHING ACTIVITIES IN THE NATUNA REGION
No full textThe 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
EFFECTIVENESS OF MEDIATION IN OUT-OF-COURT SETTLEMENT OF INHERITANCE DISPUTES
No full textThis research discusses the effectiveness of mediation in settling inheritance disputes outside of the court. The objectives of this study are, firstly, to determine the effectiveness of mediation in resolving inheritance disputes outside of court; secondly, to assess whether conducting mediation outside of court is a viable solution in settling inheritance disputes; thirdly, to identify the factors that contribute to the success of mediation in resolving inheritance disputes outside of court. The research method employed in this discussion is library research, supplemented with analytical descriptive data analysis. Based on the research findings, mediation has proven its effectiveness in settling inheritance disputes outside of court. By expediting the resolution process, reducing costs, and enhancing the satisfaction of the involved parties, mediation presents an attractive alternative worthy of consideration as a solution in settling inheritance disputes through non-litigious means. Another evidence demonstrating the effectiveness of mediation conducted outside of court is its greater impact in maintaining positive relationships, as the outcome is not a win-lose decision, but rather a win-win situation where both parties equally win and willingly accept the agreed-upon settlement, in line with the principles of win-win solutions
ANALYSIS OF JUDGES' CONSIDRATIONS IN DECIDING CRIMINAL SANCTIONS AGAINST PEOPLE OF NARCOTICS ABUSE CRIMES IN MEDAN STATE COURT
No full textThis 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