ANAYASA : Journal of Legal Studies
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    46 research outputs found

    EFFORTS TO IMPLEMENT THE PRINCIPLE OF COORDINATION BETWEEN POLICE INVESTIGATORS AND PROSECUTORS IN PROCESSING CRIMINAL CASES IN THE JURISDICTION OF THE PEKANBARU POLICE STATION

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    To enforce criminal law, there needs to be coordination between police investigators and public prosecutors. This is to the existing provisions in the Criminal Procedure Code in the form of criminal offenses must be disclosed, investigators must notify the public prosecutor if there is a termination or extension in the case. If the functional relationship and coordination do not go well, there will be many arrears of problems in the Prosecutor's Office, thus affecting the problem-solving process. Likewise, on the other hand, if there is coordination and communication between investigators and public prosecutors, they will be able to resolve each case properly. So, the obstacles in the implementation of the principle of coordination between police investigators and public prosecutors are the lack of communication, prioritizing the interests of their departments, the existence of sectoral arrogance, and lack of trust in the police to enforce the law and so on. This also grows from the stigma of the community towards the police so that it causes difficulties in conveying aspirations in the field, neglect of legal aspects, police ethics whose morale is still low, and equipment and investigations are still limited

    IMPLEMENTATION OF ENVIRONMENTAL LAW AND ENVIRONMENTAL PRESERVATION EFFORTS IN INDONESIA

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    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

    DEVELOPMENT OF A LEGAL FRAMEWORK FOR THE MANAGEMENT OF ETHICAL AND LEGAL CONFLICTS IN PATIENT CARE

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    This study aims to investigate the dynamics of ethical and legal conflicts in patient care in Indonesia and to provide recommendations that can enhance clinical practices and healthcare policies. This study employs a qualitative approach by conducting in-depth interviews with healthcare practitioners, patients, and their families. Data is also analyzed through policy analysis and literature review to gain comprehensive insights. The research findings indicate that healthcare practitioners often encounter ethical conflicts in clinical decision-making, especially when their ethical values conflict with the wishes of patients or their families. Ineffective communication among healthcare practitioners, patients, and their families also emerges as a significant factor contributing to conflicts in decision-making. Active involvement of patients and their families in clinical decision-making proves crucial in managing ethical and legal conflicts. Additionally, the uncertainty of healthcare practitioners and resource limitations in handling conflicts also pose significant challenges

    EXPLORE THE FOUNDATIONS AND PRINCIPLES OF ISLAMIC FAMILY LAW

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    The aim of this research is to explore the foundations and principles of Islamic family law. The method used by the researcher is a qualitative research method with a library study type of research. This type of literature study research is used to explore an in-depth understanding of a topic or phenomenon by analyzing relevant literature and sources, which in this research is related to exploring the foundations and principles of Islamic family law. As for data, it is obtained through study and analysis of various references such as books, scientific journals, articles and other documents related to the topic being researched and then researchers draw common threads and conclude from the findings and research studies. The results of this research show that the literature study on exploring the foundations and principles of Islamic family law provides a comprehensive overview of the multifaceted nature of this legal framework. Rooted in the Quran and the Sunnah, Islamic family law encompasses principles related to marriage, divorce, child custody, inheritance, and broader ethical considerations. The literature reflects the ongoing efforts of researchers to analyze and interpret Islamic legal sources, shedding light on the adaptability of Islamic family law to different cultural and social contexts. As scholars continue to explore and debate various aspects of Islamic family law, the literature serves as a valuable resource for understanding the principles that govern family life within the Muslim community and their implications for individuals, families, and societies at large

    ASPECTS OF LEGAL CERTAINTY REGARDING THE TRANSFER OF LAND RIGHTS USING A POWER OF ATTORNEY DEED

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    This study aims to examine the legal certainty in the mechanism of transferring land rights through a deed of authority to sell, by integrating philosophical, juridical, and sociological perspectives. Philosophically, legal certainty is seen as the embodiment of justice and moral values that require every legal instrument, including the power to sell, to be based on the principles of legality and justice in order to create a harmonious social order. The juridical approach emphasizes that the use of the power to sell must fulfill formal and material requirements under the Basic Agrarian Law and its derivative regulations. In this case, the role of the Notary or PPAT (a government official) as the authorized official is key in realizing the legal force and certainty of the status of land rights. This research uses an empirical juridical method with a legal analysis approach. Data was collected through observation and interviews to verify the procedure for making deeds, the mechanisms of administrative and taxation verification, and the role of authorized officials. The results showed that the validity of the power of attorney to sell depends heavily on administrative completeness, such as clearly stating the identities of the parties, the object, and the power of attorney clause. A systematic and transparent deed-making procedure, conducted by a notary or land official, has been proven to minimize potential disputes. Administrative verification integrated with tax compliance further strengthens the legitimacy of transactions. Thus, a deed of power of attorney to sell made by statutory regulations can increase legal certainty and legal protection for the parties, especially for bona fide buyers

    LEGAL PROTECTION OF WOMEN WORKERS IN THE INDUSTRIAL ERA 5.0

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    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

    DOMESTIC VIOLENCE PERMITTED BY HUSBAND AGAINST WIFE FROM A CRIMINOLOGICAL PERSPECTIVE

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    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

    ANALISIS BISNIS WARALABA DALAM PERSPEKTIF HUKUM EKONOMI ISLAM

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    oai:ojs2.altinriset.com:article/2Tujuan penelitian ini untuk menganalisis bisnis waralaba dalam perspektif hukum ekonomi islam Metode yang digunakan adalah metode penelitian kualitatif dengan jenis penelitian studi pustaka. Jenis penelitian studi pustaka digunakan untuk menggali pemahaman yang mendalam tentang suatu topik atau fenomena dengan menganalisis literatur dan sumber-sumber yang relevan yang dimana dalam penelitian ini berkaitan dengan analisis bisnis waralaba dalam perspektif hukum ekonomi Islam. Adapun data, diperoleh melalui kajian dan analisis terhadap berbagai referensi seperti buku, jurnal ilmiah, artikel, dan dokumen-dokumen lainnya yang berkaitan dengan topik yang diteliti dan kemudian peneliti menarik benang merah dan menyimpulkan dari hasil temuan dan kajian penelitian. Hasil penelitian ini mendapatkan kesimpulan bisnis waralaba dalam perspektif hukum Islam membutuhkan keadilan, transparansi, jaminan kualitas, keberlanjutan, pembagian keuntungan yang adil, tanggung jawab sosial, dan kepatuhan terhadap etika Islam. Prinsip-prinsip ini harus menjadi landasan dalam menjalankan bisnis waralaba agar sesuai dengan nilai-nilai Islam. Dengan memperhatikan aspek-aspek ini, bisnis waralaba dapat dikembangkan secara etis dan berkelanjutan dalam lingkungan bisnis yang Islami

    URGENSI PENDIDIKAN ANTI KORUPSI DI SEKOLAH

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    Tujuan penelitian ini untuk menganalisis urgensi pendidikan anti korupsi di Sekolah. Metode yang digunakan adalah metode penelitian kualitatif dengan jenis penelitian studi pustaka. Jenis penelitian studi pustaka digunakan untuk menggali pemahaman yang mendalam tentang suatu topik atau fenomena dengan menganalisis literatur dan sumber-sumber yang relevan yang dimana dalam penelitian ini berkaitan dengan urgensi pendidikan anti korupsi di Sekolah. Adapun data, diperoleh melalui kajian dan analisis terhadap berbagai referensi seperti buku, jurnal ilmiah, artikel, dan dokumen-dokumen lainnya yang berkaitan dengan topik yang diteliti dan kemudian peneliti menarik benang merah dan menyimpulkan dari hasil temuan dan kajian penelitian. Hasil penelitian ini mendapatkan kesimpulan pendidikan anti korupsi di sekolah menjadi sangat krusial di Indonesia saat ini. Melalui pendidikan ini, siswa akan menerima pemahaman yang mendalam tentang korupsi, dampaknya, dan bagaimana cara mencegahnya. Pendidikan anti korupsi akan membentuk sikap, perilaku, dan nilai-nilai siswa yang integritas, adil, dan transparan. Dengan melibatkan semua pemangku kepentingan dan melaksanakan pendekatan holistik, pendidikan anti korupsi di sekolah dapat membantu mengatasi darurat korupsi dan membawa perubahan positif dalam pembangunan Indonesi

    CANCELLATION OF MARRIAGE AND ITS LEGAL CONSEQUENCES IN THE LEGAL SYSTEM IN INDONESIA

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    The aim of this research is to determine the legal regulations regarding marriage annulment in Indonesia and the legal consequences of marriage annulment. This type of research is normative research, namely a legal research method carried out by examining library materials with the data used being secondary data. Data collection was carried out by studying legal regulations regarding marriage annulment, by identifying regulations regulated in law regarding the causes of marriage annulment, as well as conducting a literature search relating to statutory regulations and problems.  The results of the research show that the regulation of marriage annulment in Indonesia is regulated in the Marriage Law, which states that a marriage can be annulled if the parties do not fulfill the requirements for carrying out the marriage. The conditions referred to are material requirements and formal marriage requirements. The material conditions of marriage are conditions that are inherent in the parties who will enter into marriage. Formal requirements for marriage regulate the procedures for marriage.The legal consequence of an annulment of marriage, namely for husband and wife, is the termination of the relationship between husband and wife. With respect to children, the decision to annul a marriage does not apply retroactively as stated in Article 28 paragraph 2 point a of the Marriage Law. Children born from annulled marriages remain as legitimate children. In this way, the child remains the responsibility of both parties. For joint assets in a marriage that has been annulled, the division of joint assets is in accordance with the division of joint assets due to divorce as regulated in Article 37 of the Joint Property Law

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