ANAYASA : Journal of Legal Studies
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ANALYSIS OF JUDGES' CONSIDRATIONS IN DECIDING CRIMINAL SANCTIONS AGAINST PEOPLE OF NARCOTICS ABUSE CRIMES IN MEDAN STATE COURT
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
IMPLEMENTATION OF TERM DEPOSIT GUARANBINDING AT PT. BANK MANDIRI (PERSERO) TBK. MANDIRI PALEMBANG SUPPORT BRANCH OFFICE REGIONAL OFFICE II
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
EXPLORE THE FOUNDATIONS AND PRINCIPLES OF ISLAMIC FAMILY LAW
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
CONSTITUTIONAL COURT RULING NUMBER 90/PUU-XXI/2023 REGARDING ASPECTS OF HUMAN RIGHTS
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
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
JURIDICAL IMPLICATIONS OF USING CRYPTOCURRENCY AS A PAYMENT TOOL
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
MAQĀṢID AL-SHARI'AH THEORY BY IMAM AL-SYĀṬIBĪ
The 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
IMPLEMENTATION OF ENVIRONMENTAL LAW AND ENVIRONMENTAL PRESERVATION EFFORTS IN INDONESIA
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
RESILIENCE OF NARCOTICS INMATES IN SERVING THEIR SENTENCE IN CLASS IIB DETENTION CENTRE IN PANDEGLANG
The purpose of this study is to determine the factors that form the resilience of narcotics prisoners and how the process of prisoners becoming resilient individuals. The method used in this research is qualitative method using case studies. Data collection is carried out using in-depth interview methods, participant observation, and documentation. Data analysis techniques use triangulation. This study shows that seven factors can affect resilience, namely: emotional regulation, immune control, optimism, casual analysis, empathy, self-efficacy, and reaching out. The process that prisoners go through is not easy, but the three informants deal with problems in their own way
LEGAL ANALYSIS OF THE IMPACT OF LAW NUMBER 45 OF 2009 ON UNLAWFUL FISHING ACTIVITIES IN THE NATUNA REGION
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