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[Dispute Settlement of International Trademark on Intellectual Property Rights (Case Study: Decision Number 557 K/PDT.SUS-HKI/2016) ]]>
<![CDATA[Arkianti Anindita Putri]]>;
<![CDATA[Dewi Ratnadewanti]]>;
<![CDATA[Kamila Khaerunisa]]>;
<![CDATA[Sheikha Dwi Nabilla]]>;
<![CDATA[Nadia Rastika Alam]]>;
<![CDATA[Mustika Mega Wijaya]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.19241
<![CDATA[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).]]>
<![CDATA[BNPT's Position as The Leading Sector for Eradicating Criminal Acts of Terrorism Based on Law Number 5 Of 2018 ]]>
<![CDATA[Firdaus Muslim Ampriyanto]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.19688
<![CDATA[After the formation of Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism, it involved collaboration with several other institutions, such as the National Counterterrorism Agency (BNPT) as the leading sector in eradicating criminal acts of terrorism, the National Army (TNI), the Indonesian National Police (POLRI). ) and the State Intelligence Agency (BIN). Aiming at creating a safe and peaceful country, this law is expected to be able to deal with criminal acts of terrorism. However, in reality this law has not been fully implemented optimally in dealing with criminal acts of terrorism in Indonesia. The formulation of the problem in this research is what is the position of BNPT as a leading sector based on Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism? The method used in this legal research is normative legal research, namely collecting data using secondary data through library research, namely reading from applicable legislation, literature books and documents related to the issues to be discussed. Data processing is based on library data obtained and then analyzed qualitatively. The results of this research are BNPT's position as a leading sector based on Law no. 5 of 2018 has not been optimal in implementing institutional prevention and control efforts to eradicate criminal acts of terrorism. This is because the coordination function between related institutions is currently considered to still be sectoral in handling and eradicating criminal acts of terrorism]]>
<![CDATA[Legal Responsibility for Misuse of Restricted Over-The-Counter Medicine Sold by Small Traders ]]>
<![CDATA[Atrianta Dea Puspita]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.15003
<![CDATA[The purpose of this legal research is to find out about the applications of doctors who perform telemedicine services and to find out the legal protection for doctors who perform telemedicine services. By using normative legal research method, this research uses statute approach and conceptual approach. Based on this research, a conclusion is obtained that refers to Law Number 36 of 2009 concerning Health, Minister of Health Regulation Number 20 of 2019 concerning the Implementation of Telemedicine Services Between Health Service Facilities, and Law Number 29 of 20004 concerning Medical Practice. However, these regulations have not provided legal protection for doctors who perform telemedicine services both in statutory provisions and the medical code of ethics. Legal protection should be provided through a new law on doctors who perform remote virtual services (telemedicine) which contains telemedicine authority so that there are limits to the authority of doctors to perform telemedicine services.]]>
<![CDATA[Legal Responsibility for Misuse of Limited Over-The-Counter Drugs Sold by Small Traders ]]>
<![CDATA[Krisna Eka Ariestya]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.16479
<![CDATA[This research is useful to know about the legal responsibility for the misuse of limited free drugs sold by small traders, in order to achieve legal responsibility in health services. The type of normative law used in this research as research with the use of statutory approach (statue approach) and conceptual approach (conceptual approach). Based on this study, it can be concluded that the BPOM Regulation Number and Online Food and Permenkes Number 3 of 2021 concerning Changes in the Classification, Restrictions and Categories of Drugs have regulated the mechanism for the Limited Free Distribution of Pharmaceutical Drugs, but have not fully regulated the legal responsibilities of small traders who produce pharmaceutical preparations at retail for 16 years 2022 related to the supervision of the circulation of drugs circulated in Indonesian regions, PP 8 of 2020 by the Ministerial Regulation of the Food and Drug Supervisory Agency regarding supervision. Drugs and food sold online and Decree of the Minister of Health Number 3 of 2021 concerning Changes in Classification, Restrictions and Classes of Drugs have regulated the mechanism for the circulation of restricted over-the-counter drugs, but have not fully regulated the legal responsibility of drugs. Small traders who produce medicines in retail trade. As a complement to the existing regulations, preventive and repressive efforts require holistic arrangements and revitalization of the supervisory guidance system for the circulation of limited over-the-counter drugs in the community. Legal liability should be provided through a special law that contains authorities so that there is legal certainty over the legal liability for misuse of limited over-the-counter drugs sold by small traders.]]>
<![CDATA[The Strength of Proof of MKDKI Decisions in Medical Crime Cases in Indonesia ]]>
<![CDATA[Muhammad Iffatul Lathoif]]>;
<![CDATA[Budiarsih Budiarsih]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.18092
<![CDATA[The aim of this research is to determine the evidentiary strength of MKDKI decisions in Medical Crime Cases in Indonesia. MKDKI has the main objective of protecting patient safety, maintaining the quality of service to patients, and also maintaining the honor of the profession of doctors and dentists, which is actualized in the form of a trial in the medical sphere to find out whether a doctor or dentist has made a mistake in applying medical discipline knowledge or not. , institutionally, MKDKI is an autonomous institution from the Indonesian Medical Council whose duties are independent and responsible to the Indonesian Medical Council, then KKI in carrying out its duties is responsible to the president. Complaints submitted to MKDKI act to eliminate the right of every person to report any alleged medical crime to an authorized party or filing a lawsuit for damages in court. The type used in this research is normative legal research. This type of research places more emphasis on answering existing legal problems or issues, and this research uses several approaches, namely the statutory approach, the conceptual approach. (conceptual approach) and case approach (case approach). The results of this research show that the evidentiary strength of the MKDKI Decision which can be used as documentary evidence in medical criminal cases is as follows: 1) issued by an authorized official or issued by an official institution, 2) the MKDKI decision is produced through a legal and legitimate process , and 3) proof at a trial at MKDKI is the same as in a proceeding using criminal procedural law; and the examination process and trial process are carried out in depth, and carried out by parties who are competent in their fields]]>
<![CDATA[Indonesia's Regulation and Implementation of Subsidies in View of Agreement on Subsidies and Countervailing Measures 1995-WTO ]]>
<![CDATA[Eny Sholekhah]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.18154
<![CDATA[Regulation and implementation of subsidies in Indonesia is in the form of financial assistance provided by the government either directly or indirectly to companies, industries, industrial groups or exporters. With the aim of increasing export activities and reducing import activities for the welfare of the people and not violating the provisions of the 1945 Constitution, as the definition of subsidies is explained in the PP. Number 34 of 2011 concerning Anti-Dumping Measures, Compensatory Measures and Trade Security Measures Article 1 paragraph 8. In the Indonesian Government's policy, subsidies are given as long as they are to achieve people's welfare, and do not violate the order in the 1945 Constitution. However, in terms of government policy to improving people's welfare and protecting the domestic economy, often causing problems in the scope of international trade. This article aims to examine and understand how subsidies are regulated and implemented in Indonesia in terms of the Agreement On Subsidies And Countervailing Measures 1995-WTO. This research is normative legal research which examines written law based on applicable laws and regulations. The results of this research are that based on the policy issued by the Indonesian government, subsidies are given in order to realize the domestic economy, so based on this policy, basically the Agreement On Subsidies And Countervailng Measures 1995-WTO limits subsidies, so that their use does not cause harm to other countries' industries.]]>
<![CDATA[Land Ownership Rights to Cultural Reserve Buildings in Surabaya based on Basic Agrarian Law and Cultural Heritage Law ]]>
<![CDATA[Arin Tri Arbawati]]>;
<![CDATA[Astrid Athina Indradewi]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.19078
<![CDATA[In colonial times, the city of Surabaya was an important part that held a lot of history. Surabaya is known as the oldest port city in Indonesia during the Dutch East Indies era and was the centre of government and international trade. Apart from that, Surabaya was also named a city of heroes because the heroes at that time were willing to sacrifice themselves to fight for and defend the independence of the Republic of Indonesia by fighting the invaders. On that basis, Surabaya is rich in cultural heritage. Most of the heritage of these historic buildings is still standing and can be found in several areas of the city of Surabaya. The local Department of Tourism and Culture has established regulations to protect original historic buildings as city heritage. However, in fulfilling the rights and obligations of individuals and city governments, land rights owned from generation to generation must be considered by the local city government. This research uses normative juridical with doctrinal and statutory regulatory approaches. This research aims to find regional regulations regarding cultural heritage related to ownership rights in managing cultural heritage land and buildings.]]>
<![CDATA[The Relevance of Double Effect Doctrine in The Perspective of Criminal Law Causality Doctrine: A Rebuttal to The Concept Of Conditio Sine Qua Non ]]>
<![CDATA[Nafis Dwi Kartiko]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.18213
<![CDATA[This research explores and analyzes how the doctrine of causality, particularly the concept of Conditio Sine Qua Non, and the doctrine of double effect interact and influence the determination of responsibility in criminal law. Using the normative-dogmatic research method, this study systematically analyzes applicable legal rules without empirical data, emphasizing the qualitative application of legal and philosophical principles. The research uses a literature review as the primary data collection tool, examining legal philosophy books, academic journals, and professional publications to draw relevant conclusions. The results indicate that Conditio Sine Qua Non, which focuses on objective causation, needs to be revised for cases involving complex ethical considerations. In contrast, the double effect doctrine introduces an ethical dimension to causality judgments, justifying actions that produce unintended but unavoidable adverse consequences as a side effect of a good goal. The findings suggest that an integrative approach combining both doctrines may lead to a more balanced and comprehensive understanding of criminal liability. This research aims to enrich the academic discourse on causality in criminal law by introducing ethical considerations as part of causal analysis. It offers a new perspective in dealing with criminal cases involving complicated morality and consequences, challenging the existing limitations of causal interpretation. Nevertheless, this study has limitations in terms of its scope of practical application and the need for empirical verification, signaling the need for further research that can evaluate and validate these findings in actual legal practice.]]>
<![CDATA[Criminal Responsibility for Parties Involved in Online Prostitution ]]>
<![CDATA[Mochammad Iqbal Iz'za Zidane]]>;
<![CDATA[Budiarsih Budiarsih]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.18048
<![CDATA[Fulfilling the needs of life is important for every human being because of the need for work, the choice of negative work makes individuals not care about the causes and consequences, the most important thing is how their life needs are fulfilled. For this reason, one of the jobs that online prostitution is one of the jobs that involves meeting the needs of human life easily. Online prostitution itself has become a common thing in the life of the community environment, basically online prostitution itself is one of the activities that has many negative impacts on a person's life. The focus of this research is on how the criminal liability of the parties related to online prostitution where an act of online prostitution activity is one of the phenomena where this is very easy to spread and also very complex in the world of the existing digital era so that in the context of a criminal law that is used to be able to provide the existence of a criminal liability that exists to the party who is involved in the online prostitution activity itself. This research uses the Normative Juridical method with the Law approach and conceptual approach. The results of this study found that the criminal liability of the parties involved in online prostitution if the parties meet the elements in the Criminal Code rules or outside the Criminal Code which regulates online prostitution. The parties involved in online prostitution can be subject to sanctions if online prostitution is carried out in areas where there are local regulations on prostitution. The conclusion that the criminal liability of the parties involved in the online prostitution case itself will depend on the facts that have been found so that this law is designed to be able to provide protection to the community and also provide punishment to individuals who are involved in this illegal act.]]>
<![CDATA[Criminal Law Enforcement Against Illegal Sand Mining in the Disaster-Prone Area of the Merapi Mountain Special Region of Yogyakarta ]]>
<![CDATA[Tuson Dwi Haryanto]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.19359
<![CDATA[This study aims to identify and analyze the efforts of police investigators and civil servant investigators in enforcing criminal law against illegal sand mining in the Mount Merapi Disaster-Prone Area, Yogyakarta Special Region. This study also aims to analyze and direct the possibility of criminal law regulation against illegal sand mining in the future. This study employed normative empirical research method, research that uses primary data and secondary data. Primary data were obtained by interview and documentation, while secondary data were obtained from primary, secondary, and tertiary legal materials. The obtained data were analyzed using a legal approach and a conceptual approach. The following are the findings of this research. First, the Criminal Procedure Code formally guides the enforcement of criminal law by policy investigators and civil servant investigators against illegal sand mining, while Law No.4 of 2009 concerning Mineral and Coal Mining formally guides the enforcement of criminal law by police investigators and civil servant investigators against illegal sand mining. Second, in Chapter XXIII Articles 158-165 of Law No.4 of 2009 regulating Mineral and Coal Mining, criminal laws connected to mining without a permit or illegally are specified. However, the existing provisions require a review related to criminalization, the criminal responsibility system, the pattern of types of criminal sanctions, the pattern of the duration of the crime, and the pattern of criminal formulation, which must synergize with the purpose of punishment. Thus, criminal law enforcement in the mining sector in the future can run effectively.]]>
