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Program Studi Hukum, Fakultas Hukum, Universitas PGRI Madiun Jl. Setiabudi No. 85 Kota Madiun 63118
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Activa Yuris: Jurnal Hukum
Published by Universitas PGRI Madiun
ISSN : -     EISSN : 27756211     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of articles that can be accepted in this journal are: Constitutional law Administrative law Criminal law Civil law Contract law Customary law Islamic law Business law Agrarian law Human rights Anti Corruption law Arbitration law and Alternative Dispute Resolution Environmental law Company law Health law Legal Profession International law Air and Space Law Law of the Sea Procedural law Bankruptcy law Tax law Labor law Information Technology and Electronics law / ITE Law Legal education
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Law Enforcement Against The Crime Of Human Trafficking At Line Two, Poros Samarinda-Tenggarong Rahman Risanto; La Syarifuddin; Rini Apriyani
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.8628

Abstract

Indonesia has provided a legal basis for the criminal conduct of human trafficking  in Law Number 21 of 2007 concerning the Crime of Human Trafficking. The disclosure of the case of human trafficking at the coffee shop pangku on Line Two Poros Samarinda-Tenggarong which was carried out directly by the Tenggarong Sebrang police found one of the practices of human trafficking under the guise of a coffee shop, on Line Two Poros Samarinda-Tenggarong. Even though the stalls have been brought under control several times, in reality these stalls are quickly operating again. So it can be seen that law enforcement against the crime of human trafficking under the guise of a coffee shop on Line Two Poros Samarinda-Tenggarong has not been fully running well. The purpose of this study is to determine the enforcement of criminal law against perpetrators of criminal conducts of human trafficking in the Line Two Poros Samarinda-Tenggarong. The two authors want to know the efforts that have been made by the government to overcome the practice of human trafficking in Line Two Poros Samarinda-Tenggarong. Based on the collection of legal data, the authors get answers regarding law enforcement against the perpetrators of the criminal conduct of human trafficking in Line Two Poros Samarinda-Tenggarong, only 1 case was carried out in 2018 against the defendant Wiwik Julianto with an underage victim, in which the defendant was sentenced to 6 years imprisonment. Apart from this case, law enforcement has not been carried out against the perpetrators of the criminal conduct of human trafficking at the coffee shop on Line Two Poros Samarinda-Tenggarong by the Tenggarong Seberang sector police on the grounds that they have not found strong evidence of the existence of human trafficking in the form of prostitution, although they also admit that there are many and still active prostitution activities in the coffee shop. The government's efforts against the practice of human trafficking in the Line Two Poros Samarinda-Tenggarong, efforts by the Satpol PP of Kutai Kartanegara Regency were hampered by field conditions which were indeed protected by community organizations that protected coffee shops on the Line Two Poros Samarinda-Tenggarong and the unpleasant treatment by shopkeepers. The shop is a threat to the safety of its officers. Legal efforts made by the Tenggarong Seberang Police are only limited to data collection, raids on alcohol and arrests traffickers in the form of prostitution only if they receive a report
Non-Penal Efforts in Overcoming Crime of Corruption by Building an Anti-corruption Culture for "Didikan Subuh" Participants in Padang Uning Pratimaratri; Boby Firman; Arif Paria Musta
Activa Yuris: Jurnal Hukum Vol 3, No 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.15494

Abstract

This study examines the concept of integration of Anti-Corruption Education at "Subuh" Education Program in Padang City. Corruption is an extraordinary crime or extraordinary crime, so it needs extraordinary handling as well. Viewed from the organic theory, the handling of criminal acts of corruption is equipped with a complete structure. Judging from the substance of the law, it has been widely supported by complete laws and regulations. From the aspect of legal culture, several policies have been issued that integrate Anti-Corruption Education into the learning curriculum in schools. However, these efforts have not yielded significant results. The rate of corruption is still said to be high. In Padang City, an average of 39 cases are submitted to the Corruption Court, Padang District Court. The approach that needs to be taken is a religious approach. The Islamic religious approach is carried out by integrating Anti-Corruption Education in the "Subuh" Education Program. "Didikan Subuh" is an Islamic Education Program that was born and developed in Minangkabau. Subuh Education is a functional and practical conception of Islamic Education at dawn with activities centered in the Mosque and Mushalla. Researchers used the Legal System Theory from Laurence M. Friedman and the Functional Structure Theory from Talcott Parsons. This research is normative legal research. The data source consists of secondary data. Data were analyzed qualitatively.
Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia) Muhammad Iqbal Baiquni
Activa Yuris: Jurnal Hukum Vol 1, No 1 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i1.8655

Abstract

The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.
Urgence and Security of Digitalization of Land Electronic Certificate Issuance Documents Nur Rohman
Activa Yuris: Jurnal Hukum Vol 2, No 2 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i2.13152

Abstract

This study aims to determine the urgency and how to regulate personal data protection and security for the issuance of electronic land certificates. The author concludes first, that the regulation of personal data protection has been regulated through the 1945 Constitution of the Republic of Indonesia and other laws and regulations. However, there is no law that specifically regulates the protection of personal data. Currently the Personal Data Protection Bill has been included in the 2022 Prolegnas. Regarding the security of electronic land certificates, the Ministry of ATR/BPN RI has implemented several security measures, but the potential for personal data leakage still exists. Second, the policy for issuing electronic land certificates is currently not urgent to implement. This is based on the first, the lack of socialization of the policy to the public. Second, it is still prone to leaks of personal data. Third, there are still many unresolved agrarian conflicts, one of the causes of which is related to the overlapping of land ownership rights. So the author suggests first to immediately ratify the Personal Data Protection Bill so that the legal umbrella is clearer. Second, urging the government to immediately resolve existing agrarian conflicts and complete the land certification program first through PTSL
Dispute Settlement of International Trademark on Intellectual Property Rights (Case Study: Decision Number 557 K/PDT.SUS-HKI/2016) Arkianti Anindita Putri; Dewi Ratnadewanti; Kamila Khaerunisa; Sheikha Dwi Nabilla; Nadia Rastika Alam; Mustika Mega Wijaya
Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i1.19241

Abstract

Intellectual Property Rights (IPR), namely rights resulting from the impact of thought patterns resulting in products that are beneficial to legal subjects. However, there are still many problems that arise in IPR such as brand theft, brand plagiarism and so on. One of them is the case of Laverana, a cosmetic product from Germany. This brand was plagiarized by Irawan Gunawan to be used as a product brand in Indonesia. On top of these things, Laverana also felt disadvantaged. Therefore, this article aims to provide an understanding of the importance of protecting IPR and how to resolve international trademark disputes. The research method used in this research itself is a normative-empirical legal research method and a literature approach as well as legal protection theory and effectiveness theory in this brand plagiarism dispute case. The resolution of the Intellectual Property Rights dispute in the Laverana case was pursued through litigation, namely the Indonesian court to try the defendant, namely Irawan Gunawan. The final decision obtained from the court stated that the party from Germany or the original owner of the Laverana Brand won. This resulted in Irawan Gunawan (defendant) having to withdraw from the brand and being charged legal fees of Rp. 5,000,000 (5 Million Rupiah).
Legal Review of Default (Wanprestatie) in Gas Cylinder Lease Agreement Jesika Rekma Lela; Risti Dwi Ramasari
Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i1.11972

Abstract

This research is to obtain legal protection for the people in Bandar Lampung City, the Act is enacted as a guide in the law that regulates legal relations between humans with one another. Which gives rise to rights and obligations between the two which are commonly known as agreements. There are various kinds of agreements, such as a lease purchase, in which the prospective buyer becomes a tenant first before paying off the goods he wants to buy. This relationship creates a legal relationship where in a relationship there is a denial of obligation or default. Which can cause problems between both parties. The problems that occur are resolved either by peaceful means or through the courts. In this study using a normative juridical approach, as well as an empirical approach. The problem that will be raised in this research is how the legal consequences and how the judge's consideration in making a decision
Legal Study of the Validity of Electronic Signatures (Digital Signatures) in Business Contracts Selvia Wisuda
Activa Yuris: Jurnal Hukum Vol 3, No 2 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i2.18041

Abstract

Problems in the civil sector because electronic transactions for business through electronic systems (e-commerce) have become part of domestic and international business. This shows that the correlation between the fields of informatics, media and informatics (telematics) continues to develop. Formulation of the status and legal strength of electronic signatures in commercial contracts and the validity of electronic signatures as evidence in the Indonesian Civil Procedure Law. Using this type of library research to collect scientific knowledge and information in the form of theories, methods or approaches that are developed and documented in the form of books, journals, manuscripts, notes, historical documents and other documents. An electronic contract is only valid if it can be ensured that all components of the electronic system can be trusted and/or function as they should
Prohibition Of Exporting Nickel Ore To The European Union In International Trade Law Perspective Dinda Dwi Putri
Activa Yuris: Jurnal Hukum Vol 1, No 1 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i1.10250

Abstract

Indonesia accelerated the prohibition on nickel ore exports which previously was enforced in 2022 and accelerated to 2020. The European Union feels that it has been greatly disadvantaged from the Indonesian government's policies so the European Union sued to the WTO with complaint number Ds592. This study aims to analyze and explain Indonesia's dispute with the European Union regarding the prohibition on nickel ore exports to the European Union in 2020. This article aims to determine the challenges and efforts of the Indonesian government in dealing with nickel ore disputes with the European Union. The results of the research here show that Indonesia will not be afraid to face the dispute between Indonesia and Europe Union and Indonesia has prepared quite strong files in terms of these suits
The Enforcement of Emergency Law Number 7 of 1955 Concerning Investigation, Prosecution, and Justice of Economic Crime, in Supporting the Governance Policy of Subsidized Fertilizer Anita Zulfiani; Alma Tiara Aninditha; Davin Gerald Parsaoran Silalahi
Activa Yuris: Jurnal Hukum Vol 3, No 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.16179

Abstract

Since globalization, law, especially in the realm of criminal law, has undergone many changes, and many developments have even evolved into new forms. The development of crime has implications for the rapid evolution of rules regarding criminal acts. Indonesia is familiar with arrangements regarding economic crimes since the existence of Emergency Law Number 7 of 1955 concerning the investigation, prosecution, and justice of economic crime. This law is the forerunner to the rules of economic criminal law in Indonesia which is an adaptation of Wei op de Economische Delichten 1950 from the Dutch, but has been adapted to the conditions in Indonesia. Economic Crimes are criminal acts or crimes or offenses in the economic field that can harm the state. Indonesia is known as an agrarian country where most of the population depends on the agricultural sector, which is why subsidized fertilizer management is an important matter for attention because the availability of fertilizer is one of the determinants of the sustainability of food production in Indonesia. Subsidized fertilizer from the government has the aim of helping farmers to obtain fertilizer at low prices, the distribution of subsidized fertilizer is monitored by the government so that it is right on target for recipients. However, in reality, there have been irregularities in the management of subsidized fertilizers, one of which was in a case that was decided based on Criminal Decision Number 87/Pid.B/2014/PN.Kds. Emergency Law No. 7 of 1955 is a law that has specificity because it regulates criminal acts in the economic sphere that are not regulated in the Criminal Code (KUHP). This research is to show how the enforcement of Emergency Law Number 7 of 1955 which is in line with the subsidized fertilizer management policy encouraged the progress of the Indonesian economy.
Liability of Marketplace as Electronic System Provider in Regard to System Failure Occured on Online Transactions Emmy Febriani Thalib; Ni Putu Suci Meinarni
Activa Yuris: Jurnal Hukum Vol 1, No 1 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i1.8677

Abstract

Digital transaction activities in community activities have increased due to the accelerated adoption of digitalization in Indonesia but it also has potential problems in the future such as many frauds and even crimes that often occur in cyberspace so that they tend to harm consumers or users. This research also examines the liability of Electronic System provider in regard to the system failure occurrence on online transaction. However based on the research The existence of current regulations concerning Electronic Information and Transactions in conjunction with Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions the liability in the case of system failure that causes losses to the other party, is not explicitly stated there are no sanctions for indemnity for Electronic System Provider the existing regulation  only regulate the administrative sanction Therefore, the author suggests that electronic system provider must secure, carry out maintenance and all the efforts necessary for the electronic system to work properly to be reliable. Liability for system failures that cause harm to other parties must be explicitly stated in the Regulations

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