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Siska Diana Sari
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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 10 Documents
 1 
Search results for , issue "Vol 1, No 1 (2021)" : 10 Documents clear
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.
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
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
Analysis of Income Tax Incentives (PPh) during the Covid-19 Pandemic in Indonesia Albert Lodewyk Sentosa Siahaan
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.v1i1.8674

Abstract

The Covid-19 pandemic since the beginning of 2020 has had a major impact on Indonesia's economic conditions. Due to the effects of the Covid-19 Pandemic, not a few companies have laid off or laid off their employees. In these circumstances, many people will no longer have income or have reduced income. Reduced income and the impact of the Covid-19 Pandemic on the economy greatly affected taxation, one of which was Income Tax (PPh). Income Tax (PPh) is a tax imposed on income received or earned by individual taxpayers or corporate taxpayers in one tax year. Therefore, the Indonesian government has implemented tax incentives for taxpayers affected by Covid-19. The government provides tax incentives with the aim of reducing the economic impact of the Covid-19 pandemic
Theory of Critical Legal Studies and the General Election and Presidential Election 2019 (Case Study: Critical Legal Studies of IAIN Ponorogo Students) Dewi Iriani; Martha Eri Safira; Arief Budiono
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.v1i1.8676

Abstract

In 2019, presidential and legislative candidates were elected simultaneously on April 17, 2019. Likewise, students are given the right to choose the mind and critical spirit of problem formulations 1) What are the obstacles in implementing the 2019 simultaneous election according to Fakultas Syariah student Iain Ponorogo? 2) What are the factors of Fakultas Syariah student Iain Ponorogo so that they are interested in choosing the Presidential and Vice-Presidential candidate pair No. 1 and the candidate pair for President and Vice President No. 2? 3) What are the factors that make Falkutas Syariah student Iain Ponorogo in choosing a legislative candidate? This research is a qualitative research with the type of field research. Research results 1) The implementation of the 2019 general election students do not understand because the KPU does not provide socialization, unknown candidates, election violations, many KPPS officers have died which has been shown, the factor of the figure of the presidential and vice-presidential candidates is also their consideration in giving their voting rights, choosing candidates because they follow their parents. 3) The student factor chooses a candidate from if they know the candidate choosing from the vision and mission of the candidate, but if the candidate is not known to choose from a political party, he chooses because he gets basic food and money
Legal Vacancies in the Transfer of Rights to Class III State Houses in the Form of Flats Jatmika, Adi
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.v1i1.8675

Abstract

Class III state houses are in the form of flats including those whose rights can be transferred either independently and / or in the form of Apartment Units with or without their land by means of leasing, there are sectoral regulations that regulate these matters such as rules regarding state houses, flats, state property, and land registration have the impact of disharmony and legal vacancies. The research method used is the juridical-normative research method. The final part of this research concludes that the validity of Class III State Houses in the Form of Flats must meet the requirements stipulated in statutory regulations, including the status of land rights, the distribution of apartment elements such as shared land, shared objects, and parts together as regulated in the Law on Flats, the existence of the Association of Owners and Occupants of Apartment Units (PPPSRS) which is formed by the agency concerned, as well as the issuance of the Occupancy Permit of Class III State Houses in the Form of Flats. Holders of occupancy permits have rights, namely SIP Holders of State Houses of Category III can apply for transfer of Class III State Houses to the relevant Minister, protection of efforts to apply for transfer of these rights is preventive based on positive law in Indonesia which regulates the transfer can be carried out. There was a vacuum and disharmony in the Legislation regarding the Transfer of Rights to Group III State Houses in the Form of Flats, seen from the existence of Regulations that govern the transfer as in Presidential Regulation Number 11 of 2008, on the other hand there are no regulations governing the transfer of Class III State Houses. In the form of a Flat with the implications regarding the status of the Flat Ownership Unit (SHM Sarusun) as well as the status of joint shares, common objects, and common land, whether it can be transferred and managed by the Association of Owners and Residents of Flats (PPPSRS) or still become State Property
Judicial Overview On Criminal Liability Against A Person Who Deliberately Use, Sell Or Export An Industrial Design Without Getting Approval From The Exclusive Rightholders Of Industrial Design Based On Industrial Design Law Akbar Sigratama; Erlina B; Melisa Safitri
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.v1i1.10244

Abstract

Industrial design is a part of the intellectual property created by tasteful and corrosive thought and imagination. Protection against industrial design was indispensable to the certainty of laws to designers. This research issue to find out how the protection of industrial design that has conforms to industry design is listed in the general list under the 31st year 2000 act. This method of research USES the yuridis normatif and empirical approaches. The type of data used is secondary and primary data. The study concluded that a designer who lists industrial design products in the registry, has the exclusive rights granted to him by the republic of Indonesia. It can forbid anyone without his consent to use, sell, manufacture, export, import. When using bad faith, as holders of exclusive rights may file a civil suit and/or criminal charges. The conclusion is that the industrial design that industrial design could provide with the design of science-based on the design of science-based, should fill with novelty of that industry's design and yet no public announcement was made
The Legal Problems of the Child Trafficking Crime in Indonesia in the View of Human Rights Mini Setiawati; Sofyan Wimbo Agung Pradnyawan; Dimas Pramodya Dwipayana
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.v1i1.8770

Abstract

Human rights are basic rights that are inherent in every human being that cannot be reduced at all. This right can only be taken away through legitimate state institutions and with legitimate legal reasons as well, but the increasingly globalized economic flow, and an increasingly advanced social order and leads to industrialization in all fields, creating many new crime models with an increasing trend, one of them is the crime of human trafficking. They are not only adults who are vulnerable to this crime, but it turns out that children are the most vulnerable to this crime, so that their human rights are threatened in all aspects. This study uses a normative juridical method with only the study of laws and literature. The result of the research is that the laws and regulations protecting the human rights of children from human trafficking crimes are inadequate and tend not to be in sync with one another so that they have not been maximized in realizing protection for child victims of human trafficking
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
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

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