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Contact Name
Siska Diana Sari
Contact Email
siskadianasari@unipma.ac.id
Phone
+6283851737795
Journal Mail Official
activayuris@unipma.ac.id
Editorial Address
Program Studi Hukum, Fakultas Hukum, Universitas PGRI Madiun Jl. Setiabudi No. 85 Kota Madiun 63118
Location
Kota madiun,
Jawa timur
INDONESIA
Activa Yuris: Jurnal Hukum
ISSN : -     EISSN : 27756211     DOI : -
Core Subject : Social,
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
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
Protection Of Indigenous Peoples In The Perspective Of Human Rights In Indonesia: Realities, Problems And Solutions Zidane Haikal Senoaji; Anang Setiyawan; Siska Diana Sari
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.v1i1.10248

Abstract

The 1945 Constitution upholds the human rights of every citizen without exception, but in practice this constitutional mandate is not implemented properly and even tends to marginalize indigenous peoples. For this reason, it is necessary to seek a constitutional settlement to be able to provide the rights of indigenous peoples as they should be guaranteed in the constitution. This paper is a sociolegal research. The conclusion of our study is that there are still many violations of the constitutional rights of indigenous peoples from a human rights perspective that the government should not do. The recommendation of our study is that the government immediately ratify the Draft Law on Indigenous Peoples as a concrete step in upholding the constitutional rights of indigenous peoples
Reducing Socio-economic Disparities in Indonesia: Strengthening the Taxation Sector in Indonesia Nafis Dwi Kartiko; Agustin Widjiastuti
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.v3i1.15912

Abstract

This legal research aims to analyze the strengthening of the tax sector in Indonesia to overcome the socio-economic disparities in the era of the Industrial Revolution 4.0. The research methodology used is descriptive qualitative research using a normative legal approach and documentary data collection techniques. The research model focuses on analyzing tax policy and related literature to understand the problem and provide solutions to address the problem. This research identifies tax evasion and corruption in the tax sector as the main factors contributing to Indonesia's low tax revenue. This research suggests that tax law reform and institutional transformation are needed to strengthen the capacity of tax institutions and improve tax administration, human resources, and information technology infrastructure to increase tax revenue and reduce tax evasion practices. Increased public confidence in the tax system can improve tax fairness and equity at all levels of society.
Individual Responsibility & Command Responsibility on Serious Human Rights Violation in Indonesia Amirudin Imam Nur; Hanafi Mursyid Wijanarko; Pryo Sularso
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.v1i1.8768

Abstract

The wave of reform in Indonesia that was rolling in the context of overthrowing the New Order was full of abuse of power, corruption, collusion, nepotism (KKN) and human rights violations. Application of the concept of a direct law enforcement system against the category of international crimes, which in the past emphasized the national justice jurisdiction (indirect enforcement system). Cases of human rights violations are very interesting, because the crimes that occur have a special condition which by experts call it a special form of political crime. The research method in this study is a normative juridical research method, which means that this research is sourced from library data. The legal issue in this research is How is the individual and command responsibilities in Serious Human Rights Violations in Indonesia. The results of this research show that Indonesia is currently under the spotlight internationally in connection with the indictment of gross human rights violations, especially in the issues of East Timor, Tanjung Priok and so on. The universal principle that it is impossible to treat gross human rights violations as "ordinary crimes" and the existence of a universal qualification regarding "crimes against humanity" requires the utilization of a special human rights court, which also contains several special criminal procedures. In accordance with the provisions of the International Criminal Code Statute (Art.l), cases which have been investigated and terminated by the country concerned will not be accepted for trial by the ICC (inadmissible). We have to show everyone that called "International Criminal Tribunal" really is complementary to the national courts
Criminal Law Functionalization in Overcoming Post-Extraction Dental Commercialization
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.v2i2.13283

Abstract

The commercialization of organs and body tissues is regulated in Article 64 Paragraph (3) of Law Number 36 Year 2009 concerning Health. Violation of these provisions can be punished under Article 192. Post-extraction teeth can be used for the practice of dental students. Certain parties to get teeth from the dentist’s practice for sale use this opportunity. The problem in this research is how to functionalize criminal law in tackling the commercialization of post-extraction teeth. This research used socio legal approach. To answer the problems used primary data and secondary data. Primary data was obtained by conducting interviews with medical students and dentists. Secondary data obtained from document study. Data were analyzed qualitatively. The research shows that the functionalization of the commercialization of post-extraction teeth is still in the formulation stage. There is no criminal application against the perpetrators of this crime
Criminal Law Enforcement Against Illegal Sand Mining in the Disaster-Prone Area of the Merapi Mountain Special Region of Yogyakarta Tuson Dwi Haryanto
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.v4i1.19359

Abstract

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.
Analysis of the Determination of a Guardian's Petition for a Permition for Minors to Sell a Land with a House
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.v2i1.12033

Abstract

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
Online Game Service Providers Responbilities for Damages Sufficiented to Consumer Firstza Maulana Krishna Syahputra; Endang Prasetyawati
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.v4i1.17663

Abstract

The purpose of this study is to find out and explain how the responsibility of online game service providers is for losses suffered by consumers and legal settlements carried out. Consumer protection is a term used to describe legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. The problem that will be examined and analyzed in this research is how the responsibility of online game service providers to Law No. 8 of 1999 concerning Consumer Protection. This study uses a normative legal approach method in the form of a statutory and conceptual approach by using primary legal materials, namely laws and secondary legal materials, namely books and journals related to the discussion. The responsibilities of providers of online game services regarding Law No. 8 of 1999 Concerning Consumer Protection include the presence of responsibilities that are responsible for administrative and criminal responsibility, and there is civil responsibility for online game providers which is contained in Article 19 of the Law on Crime Protection. and Consuimein those who have Tangguing are responsible for damages for damages, Tangguing are responsible for compensation for damages for violations and Tangguing are responsible for compensation for losses for consumers. Based on this, the existence of defective goods and/or services is not the only basis for accountability for the provider of online game services. This means that the responsibilities of the provider of online game services cover all the disadvantages that consumers experience. And article 4 of the Consumer Protection Act explains the rights and beliefs of consumers. The results of the research show that the providers of online game services can answer their mistakes by paying compensation or deliberations to reach consensus
Legal Discourse of United States Pharmaceutical Industry Mandatory License and Trips Agreement Post Doha Declaration Wahyu Pratama Aji
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.v2i1.11878

Abstract

The public health crisis related to HIV/AIDS, Tuberculosis and Malaria, was the starting point for the World Trade Organization (WTO) Ministerial Conference in 2001 which adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) and Public Health Agreements. The pharmaceutical industry as one of the knowledge driven sectors especially pharmaceutical research is very expensive and unpredictable. Making the patent system as a legal protection tool to facilitate innovation related to pharmaceutical products. The similarities between United States patent law and the TRIPS agreement also demonstrate United States’s influence in setting intellectual property standards globally. This research is a juridical-normative research using a statutory approach. The data collection technique was carried out by means of a literature study. Data analysis technique: qualitative normative analysis. The results showed that the United States' dissatisfaction with the level of intellectual property protection provided by the TRIPS agreement encouraged the development of the provisions of the TRIPS-Plus agreement in the United States Free Trade Area (FTA). The terms of the TRIPS-Plus agreement appear to be designed to negate the effective use of mandatory licensing by blocking the marketing of third-party drugs during the term of the patent. However, the TRIPS agreement retains some flexibility for World Trade Organization members, such as the data exclusivity and mandatory licensing outlined in the Doha Declaration. 
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