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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 9 Documents
 1 
Search results for , issue "Vol 3, No 2 (2023)" : 9 Documents clear
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theories, methods or approaches that are developed and documented in the form of books, journals, manuscripts, notes, historical documents and other documents.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
The Influence of the Child Criminal Justice System in the Implementation of Criminal Sansction For Undereges Who Permit Criminal act Dea Delyana; Selly Ridha Putri; Zhafirah Dinda Lolita; Asmak Ul Hosnah
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.v3i2.19251

Abstract

The application of criminal sanctions against minors has many challenges and obstacles, including in terms of measuring children's guilt, determining appropriate sanctions, and reintegrating children after serving criminal sanctions. The imposition of criminal sanctions against minors can have significant social and psychological consequences, both for the child and the community where the child lives. This paper is prepared based on normative research with analytical descriptive nature. It is stated that Juvenile Justice, in accordance with Law No. 11/2012, is separate from the criminal provisions listed in Article 10 of the Criminal Code and determines sanctions independently. This paper aims for the government to immediately complete the unfinished regulations and prioritize attention to the institutions responsible for the detention and arrest of children and ensure that they are spread throughout Indonesia.
Legitimation: License for Registration of Interreligious Marriages by the State Court Desmal Fajri
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.v3i2.17474

Abstract

The Surabaya District Court judge has granted the application for a permit to register an interfaith marriage between Rizal Adikara (Islam) and Eka Debora Sidauruk (Christian with decision Number: 916/Pdt.P/2022/PN.Sby. Previously, the registration of their marriage was rejected by the Population and Civil Registry Office. Civil Registry.The purpose of this research is to analyze judges' considerations in determining permission to register interfaith marriages.This type of research is library research, using a juridical normative approach.The source of data comes from primary legal materials, namely statutory regulations and legal materials secondary such as legal opinion/doctrine/theories from legal literature, research results, journals, papers, theses and websites related to research.This research is descriptive analytical in nature.Results of the research are that District Court judges have legitimized the registration of interfaith marriages with the consideration that The Marriage Law and the Law on Population Administration have provided space for the Court to render decisions and citizens have the right to defend their religious beliefs when they want to build a household. This judge has used a judicial activism approach in order to guarantee the freedom of citizens as protected by the constitution. Then this decision only granted permission to register religious marriages, not permission to carry out marriages because the applicant parties were married before the Court's decision
Approaching Crime From A Psychological Perspective: Virtue Ethics And Criminal Etiology In Criminology Nafis Dwi Kartiko
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.v3i2.18204

Abstract

This research aims to analyse the relationship between virtue ethics and criminal aetiology, particularly from a psychological perspective on criminal behaviour. Using the normative-dogmatic legal method, this research focuses on the systematic study of applicable legal rules and positive legal systems without collecting empirical data. The results indicate that virtue ethics has a significant influence on the prevention and reduction of criminal behaviour, showing that the formation of good character through moral education and positive behavioural examples can reduce the risk of criminal behaviour. This research contributes to the application of legal practice by suggesting the integration of virtue ethics principles for more effective rehabilitation and crime prevention strategies. The limitation of the research lies in the use of literature studies as the basis of analysis, which limits the generalisability of the findings to broader social practices.
Deconstruction and Normalization of Omah Rembug Adil as A Manifestation of Restorative Justice Based on the Local Wisdom of the Javanese People: Case Study of Sendang Village, Wonogiri Sub-District, Wonogiri District Wahyu Beny Mukti Setiyawan; Majora Nuansa Al-Ghin; Yadi Suryadi; Fathurrahman Prasetyo Aji; Muhammad Wildan Khunaefi
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.v3i2.17661

Abstract

Solving problems through legal channels is a normal part of Indonesian cosmology today. Even so, the purpose of legal justice which should provide peace and justice to both parties has not really been realized. Therefore, taking the case study of Sendang Village as a pilot project for the Village Restorative Justice project from the High Court and the State Prosecutor's Office. Even though Sendang village has made good progress in implementing restorative justice through "Omah Rembug Adil", in fact "Omah Rembug Adil" is experiencing obstacles due to the cosmology of the people of Sendang and Wonogiri villages who are familiar with legal channels as a settlement solution. Thus, this study discusses Jacques Derrida's concept of deconstruction and Michel Foucault's normalization to create a normality of restorative justice cosmology. Using qualitative methods and Participatory Rural Appraisal (PRA) from April to June 2023 as an effort to map problems and potential local philosophies, this study has found that Javanese philosophy which is strong enough can be used as a tool in deconstructing and normalizing the cosmology of restorative justice for the people of Sendang village and Wonogiri. The implication can be carried out through the socialization of Javanese philosophy in the context of restorative justice. The form is seminars or FGDs targeting adults and youth, while [e-]comics for gen-z and millennials will be uploaded on various social media channels or formal education. Thus, this study succeeded in discussing the implication of solutions to the problems found by the "omah rembug adil"
Forms of Legal Protection Against Commercial Violation of Tiktok Video Copyright Amy Firsta Dewi; Dipo Wahyoeono Hariyono
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.v3i2.18295

Abstract

This research has the aim of explaining the form of legal protection for TikTok video content which is republished without the consent of the creator or TikTok creator for commercial personal gain, one example of which is being used for advertising. This is because there is still a lack of understanding on how to take action against or report individuals who violate Intellectual Property Rights on Copyrights that have harmed creators/authors/copyright holders. Information technology has an important influence on Intellectual Property Rights, information technology updates that are increasingly developing have a positive impact on Intellectual Property Rights as well. Creators can utilize and use information technology to create works, one example is creating video content on the TikTok application. Human intellectual skills can create a work in the fields of technology, science, art and literature referred to as intellectual property to obtain legal protection in accordance with statutory regulations in the field of Intellectual Property Rights (IPR) which can be owned by individuals, groups and companies. Works in the form of moving images or short videos published in the TikTok application are one of the cinematographic works that receive legal protection under the Copyright Law. But now there is one negative impact that is increasingly prevalent, namely the misuse of the download feature provided by the TikTok application to take video content works and take advantage of personal interests in the form of advertisements without the consent of anyone. The actions of the responsible party can harm the creator/creator/copyright holder who does not get the slightest royalty and doesn't even receive an apology
Procedure for Giving Compensation to Victims of Environmenental Pollution in the Sidoarjo bio Industrial Area Shadam Teja Kusuma; Budiarsih Budiarsih
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.v3i2.16589

Abstract

Pollution not only affects people's lives today, but also threatens their survival in the future. If one of the parties who are harmed or harmed feels harmed by an activity that pollutes or damages the environment so that the occurrence of this can turn into an environmental conflict. Requirements for compensation for parties harmed by environmental factors were previously regulated in the elucidation of the Regulation of the State Minister for the Environment Number 13 of 2011, but implementation was not carried out. So that every citizen or community has the right to a healthy and good environment that is bound to protect the environment and also to prevent and mitigate environmental pollution and damage, protect and manage the environment as a form of human endeavor in carrying out its interactions with the environment in order to sustain life to achieve prosperity and environmental sustainability. The criteria for compensation for victims of pollution are regulated by changes in the value of property before and after pollution and/or environmental damage, how to value community assets, how to calculate additional costs and cost prevention, loss of income, changes in operations, and money generated by pollution and/or environmental damage, as well as medical costs. If the polluter is required to include costs of pollution and/or environmental damage into the calculation of production costs, operational and/or operational costs, in addition to paying the agreed compensation, then the compensation is considered reasonable. An obstacle to paying proper compensation to victims of pollution is the lack of human resources in the area, such as experts in calculating environmental compensation. Compensation must be carried out according to the procedures of the Environmental Agency and special laws, so that the person concerned bears legal responsibility for losses paid to victims of environmental damage. For this reason, the formulation of the problem can be found, namely what is the procedure for providing compensation for environmental pollution in the bio-industrial area
Government’s Efforts to Protect Pertamini’s Consumer Rights for Losses Obtained Faradiba Najla Salsabila; Abraham Ferry Rosando
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.v3i2.16497

Abstract

Disadvantages that are usually found by consumers are usually inappropriate dosages, inappropriate octane values, prices that are different from regulations issued by the Government to accidents such as an explosion at a Pertamini pump that threatens the lives of the pom owner or Pertamini consumers. This research is expected to be able to explain the Government's efforts to protect Pertamini consumers who experience losses. The method chosen for this research process is normative juridical, where this method is used to examine rules, doctrines and principles that are able to answer the problems of this research. The approach chosen to answer the problems of this research is the legal and conceptual approach. The primary source in reviewing this research is legislation that is closely related to consumer protection. Data collection techniques and processing of legal materials use library methods or library research. The results of this study Pertamini business owners must always be responsible for consumer losses. This is known as the Presumption of Always Responsible. Consumers can file a lawsuit for default if there is a previous agreement and it can be an illegal act if there is no mutual agreement but the consumer feels aggrieved. The fastest way to resolve this dispute is through the non-litigation route involving the BPSK compared to the litigation route using the Court. There are three general options in settlement through non-litigation steps, namely mediation, arbitration and conciliation
Legal Protection of Creditors in Non-Collected Debtors Without Collateral in Koperasi Cahaya Abadi, Kediri District Sofyetin Atiana
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.v3i2.17528

Abstract

This study aims to explain the legal protection for creditors in bad loans Debtors without collateral in the Koperasi Cahaya Abadi, Kediri Regency and settlement of bad credit debtors without collateral in the Koperasi Cahaya Abadi, Kediri Regency. The empirical juridical research method is also called research examining law as a pattern of behavior shown in the application of legal regulations. The empirical juridical approach is carried out by collecting primary data information obtained directly in the field aimed at applying the law and/or resolving bad loans related to bad loans from debtors who have no collateral. Whereas in legally protecting creditors for bad credit from unsecured debtors, it is necessary to have preventive and repressive legal protection measures / get customers / debtors. Meanwhile, reflective legal protection for debtors without collateral, the steps taken by the Cahaya Abadi Cooperative are Rescheduling, Reconditioning Restructuring, and Execution

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