Activa Yuris: Jurnal Hukum
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
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<![CDATA[Legal Review of Default (Wanprestatie) in Gas Cylinder Lease Agreement ]]>
<![CDATA[Jesika Rekma Lela]]>;
<![CDATA[Risti Dwi Ramasari]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11972
<![CDATA[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]]>
<![CDATA[The Implications of Electronic Mortgage Right's Implementation to Non-Bank Creditors ]]>
<![CDATA[Benny Djaja]]>;
<![CDATA[Shinta Jayanti Permatasari]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.12047
<![CDATA[Since July 8th 2020, the Minister of ATR/ chief of BPN Regulation Number 5 of 2020 has been ratified regarding Electronic Mortgage Rights, including regulating the implementation of private (non-bank) electronic systems. The application of the electronic system requires that every process from the registration stage of new Mortgage, renewal, and roya be carried out electronically. The service subject of the electronic Mortgage system is creditors and PPAT. Creditors consist of individuals and legal entities, both banking and non-bank. The author discusses the problem of how the mechanism for registering mortgages and roya through an electronic system for non-bank creditors, and how PPAT's responsibility is in registering mortgages electronically. The purpose of this research is to find out and understand the mechanism for registering mortgages and roya on non-bank creditors and PPAT's responsibility in registering mortgages electronically. This study uses an empirical juridical approach, with the object of research namely the application of regulations at the Land Agency Office of Kubu Raya Regency, West Kalimantan Province and the experience of several PPATs. Based on the data and analysis, it can be concluded that the mechanism for registering land for creditor accounts begins with registering the Touch Tanahku application, then PPAT will carry out the process of making APHT with predetermined conditions. During the process of electronically registering Mortgage Rights, PPAT is responsible formally, but not materially]]>
<![CDATA[Analysis of the Distribution of Heirth Rights to Adopted Children with Wajibah Testament ]]>
<![CDATA[Halimahtus Sadiah]]>;
<![CDATA[Erlina B]]>;
<![CDATA[Melisa Safitri]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11879
<![CDATA[Adoption of a child is a legal act, because it must have legal consequences. Some of the legal consequences of adopting a child are regarding the position or status of the adopted child as heirs to the adoptive child's parents. Adopted children can not become heirs of adoptive parents, but adopted children have the right to become heirs if the adoptive parents submit a will to the child, this called testament wajibah. The researcher used library research and interview methods. By using this method, the researcher obtained the result that the adopted child could inherit with the determination that it was not more than 1/3 of the inheritance of the adoptive parents. Based on the provisions of Islamic law, adopted children cannot be appointed as heirs, because in the provisions of Islamic law, those who can be appointed as heirs are those who are related by blood to the heir. A will (testament) is different from a gift or what is called a "grant". The difference between a testament and a grant is that a will, even though it has been made when the testator is still alive, is only enforced after the testator has died, while the grant itself is valid when the grantor is still alive.]]>
<![CDATA[The Application of Simple Multiparty Concept to Maintain Political Stability in Carrying Presidential Candidates in the 2024 Election ]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11862
<![CDATA[The 2019 election imposes a fairly high threshold for political parties to be able to nominate presidential candidates. PDIP as the party with the largest vote does not want to reduce the 20 percent threshold as a form of commitment to maintain political stability so that there is no political commotion and minimize the presence of incompetent candidates. This figure makes other parties to form a coalition that is divided into two presidential candidates. Although it appears that there is a multi-party simplification in accordance with the presidential system, the determination of the threshold is not in accordance with Article 6A paragraph (3) of the third Amendment of the 1945 Constitution. The purpose of this study is to review the application of a simple multiparty concept in maintaining political stability and to review the challenges of implementing a simple multiparty in carrying presidential candidates to meet the 2024 election. The method used in this study is a legal approach and a case approach with data collection through literature studies. The results of this study indicate that the implementation of a simple multiparty in the upcoming 2024 election is pursued by a presidential threshold of 0 percent, so that each political party can nominate a presidential candidate either alone or in a coalition, meaning that there is no simple multiparty. On the other hand, if the presidential threshold is set to 0 percent, the consolidation of democracy and political stability will be very noisy and require expensive costs for the implementation of the 2024 election contestation]]>
<![CDATA[The Settlement of Electronic Commerce Transactions Through Online Dispute Resolution Mediation (ODR) in Indonesia ]]>
<![CDATA[Anis Rifai]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.10983
<![CDATA[Nowdays, the internet has become a vital necessity in the daily life of people over the world. Once the internet is publicly opened, the internet was used also to benefit trade. At this moment, it is easy to find out plenty of common modern trade transactions that use technology as a medium, which is commonly known as electronic transactions or electronic commerce (e-commerce). A challenge of the changing era that needs serious attention is how to use the internet safely without getting into trouble because of the unpreparedness of Indonesia in various aspects (mainly in legal aspect) in order to anticipate all of the possible occurence relating to the electronic trading system. The problem is usually resolved through the courts and alternative dispute resolution. The problems that occurred at this time encompassing the justice seekers (in this case society) who are suffering a loss as a result of e-commerce transactions which is blocked by a considerable distance between the buyer with merchant. E-commerce and judicial process at court also takes up a long time and requires sophisticated mechanism. In connection with this, this paper will outline the settlement of e-commerce by implementing a mediation via online dispute resolution (ODR) for dispute resolution electronic commerce transactions in Indonesia]]>
<![CDATA[Law Enforcement in Suppressing the Spread of the Covid-19 Virus through the Implementation of Restrictions on Community Activities's Policy (PPKM) ]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11864
<![CDATA[The world is facing a disaster caused by the coronavirus disease 019 (COVID-19) pandemic where this virus has more or less infected more than six million people and claimed more than 370 thousand lives worldwide. The exposure to the spread is quite fast, one of which is Indonesia enacting the Policy for Enforcement of Community Activity Restrictions (PPKM) to suppress the spread of the corona virus. The problems that the author will describe are related to law enforcement efforts through PPKM policies and the legal basis related to sanctions given to the community who subscribe to health protocols. The research uses a normative method by using a statutory approach, books, journals, articles. The results of the study conclude that PPKM law enforcement can be concluded that it is still not effective, because looking at the reality there are still many non-essential and non-critical sectors that are still operating as usual, this can be seen from several factors, namely, legal factors, cultural factors, community factors, special factors imposing sanctions and the legal basis for the application of sanctions against people who do not comply with health protocols are clear in Article 93 of Law Number 6 of 2018 concerning Health Quarantine]]>
<![CDATA[Hart on Formalism in Legal Reasoning: Implication for Judicial Review ]]>
<![CDATA[Ngozi Chukwuemeka Aja]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.12207
<![CDATA[This article articulates the implication of Herbert Lionel Adolphus Hart’s views on formalism for judicial review. Formalism in legal reasoning, being adverse to a court’s exercise of discretionary power, defeats the objective of legal reasoning, which is the attainment of justice. The traditional conception of judicial review, which restricts it to the role of the court in establishing the legality of governmental acts, makes legal reasoning formalistic. Hart argues that legal formalism, which means strict adherence to laid-down rules, ought not to be a feature of any aspect of legal reasoning. Thus, legal reasoning in judicial review, if restricted to only establishing the legality of governmental actions and inactions, robs the court of its function in considering both legal and substantive justice. Consequently, this article maintains that the objective of judicial review should also include examining the merit and wisdom of governmental actions and inactions in the light of the principle of substantive justice. Any legal system inclined to realize the principle of substantive justice necessarily deviates from the traditional conception of judicial review. It is sad that even in a country like Nigeria, where recent developments in terms of formulations of fundamental human rights rules and environmental laws point to a change in the traditional conception of judicial review, the Supreme Court still insists on adhering to that conception. The approach adopted by the Nigerian Appeal court in cases of judicial review, which portray a shift from the traditional conception, is commendable and is recommended by this article for every legal system]]>
<![CDATA[Standing and Position of Islamic Law as Science in the Context of the Philosophy of Science (Study on the Tree of Rene Descartes Philosophy and the Loops of Knowledge Scheme of Gerald M. Edelman) ]]>
<![CDATA[Adhiputro Pangarso Wicaksono]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11832
<![CDATA[This study aims to find out the standing and position of Islamic law as a science in the context of the philosophy of science. Research conducted with normative method resulted in the finding that in Rene Descartes's philosophical tree scheme, Islamic law, in this case is that the Qur'an and Hadith (As-Sunnah) are “rainwater” that provides the source of life for the philosophical tree. The “rainwater” enters the soil and then "absorbed" by the roots of metaphysics to then grow the stems of physics that branch into various sciences and fruits that are useful for human life as the purpose of Islamic law itself. Meanwhile, in the loops of knowledge scheme of Gerald M. Edelman, Islamic law as a science is included in the study of culture in sub-actions and societies because in principle Islamic law is sourced from the Qur'an and Hadith (As-Sunnah) is a way of life for human beings to act and behave and establish relationships with fellow human beings and society as Allah says in the Qur'an and the Hadith of the Prophet Muhammad]]>
<![CDATA[Appraisal of Existing Frameworks on Judicial Independence in Nigeria ]]>
<![CDATA[Ishmael U. Gwunireama]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11951
<![CDATA[Frameworks enhance the independence of the judiciary. Thus, there are different types of frameworks on the independence of the judiciary: legal and institutional. These are subjected to examination to bring them in line with current realities. This has necessitated the volume of pieces of literature proposing frameworks for reforms. Thus, in addition to the legal and institutional frameworks is the textual framework. The legal frameworks cover legislative enactments like the Constitution of the Federal Republic of Nigeria 1999(as amended), institutional frameworks like the regulations handed down by the National Judicial Council (NJC) and textual frameworks which are academic works of scholars, jurists and legal practitioners. This paper undertook an appraisal these frameworks and made proposals, like an amendment to s. 271 CFRN 1999, for further reforms, towards enhancing judicial impendence in Nigeria and aligning it with international standards.]]>
<![CDATA[Analysis of the Determination of a Guardian's Petition for a Permition for Minors to Sell a Land with a House ]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.12033
<![CDATA[Youngsters are gifts given by God All-powerful to their folks. Article 2 of the Common Code expresses that a youngster in the belly of a lady is viewed as conceived, at whatever point the interests of the kid are additionally thought of. For this situation the article portrayed by the writer is land. Land is known as the right of the Indonesian public (Article 1 of Law Number 5 of 1960 concerning the Standards of Agrarian Law). Land can be traded and the significance of exchange is one, where one party ties himself to convey a thing, and the other party follows a reliable expense and the understanding is appointed, specifically an arrangement in which the arrangement of the gatherings is reached. Then, at that point, the author takes the issue in light of choice No. 24/Pdt.P/2021/PN.Tjk. to be specific the method involved with deciding the guardianship of natural youngsters in the offer of a plot of land and houses from minors and legitimate results in the place of guardians as gatekeepers in the offer of a plot of land and houses from minors in view of case number 24/Pdt.P/2021/PN Tjk. Furthermore the creator utilizes standardizing and exact strategies which are done by talking and taking a gander at references in the legitimate writing connected with the title embraced by the writer]]>
