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[Law Enforcement Against The Crime Of Human Trafficking At Line Two, Poros Samarinda-Tenggarong ]]>
<![CDATA[Rahman Risanto]]>;
<![CDATA[La Syarifuddin]]>;
<![CDATA[Rini Apriyani]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.8628
<![CDATA[Indonesia has provided a legal basis for the criminal conduct of human trafficking in Law Number 21 of 2007 concerning the Crime of Human Trafficking. The disclosure of the case of human trafficking at the coffee shop pangku on Line Two Poros Samarinda-Tenggarong which was carried out directly by the Tenggarong Sebrang police found one of the practices of human trafficking under the guise of a coffee shop, on Line Two Poros Samarinda-Tenggarong. Even though the stalls have been brought under control several times, in reality these stalls are quickly operating again. So it can be seen that law enforcement against the crime of human trafficking under the guise of a coffee shop on Line Two Poros Samarinda-Tenggarong has not been fully running well. The purpose of this study is to determine the enforcement of criminal law against perpetrators of criminal conducts of human trafficking in the Line Two Poros Samarinda-Tenggarong. The two authors want to know the efforts that have been made by the government to overcome the practice of human trafficking in Line Two Poros Samarinda-Tenggarong. Based on the collection of legal data, the authors get answers regarding law enforcement against the perpetrators of the criminal conduct of human trafficking in Line Two Poros Samarinda-Tenggarong, only 1 case was carried out in 2018 against the defendant Wiwik Julianto with an underage victim, in which the defendant was sentenced to 6 years imprisonment. Apart from this case, law enforcement has not been carried out against the perpetrators of the criminal conduct of human trafficking at the coffee shop on Line Two Poros Samarinda-Tenggarong by the Tenggarong Seberang sector police on the grounds that they have not found strong evidence of the existence of human trafficking in the form of prostitution, although they also admit that there are many and still active prostitution activities in the coffee shop. The government's efforts against the practice of human trafficking in the Line Two Poros Samarinda-Tenggarong, efforts by the Satpol PP of Kutai Kartanegara Regency were hampered by field conditions which were indeed protected by community organizations that protected coffee shops on the Line Two Poros Samarinda-Tenggarong and the unpleasant treatment by shopkeepers. The shop is a threat to the safety of its officers. Legal efforts made by the Tenggarong Seberang Police are only limited to data collection, raids on alcohol and arrests traffickers in the form of prostitution only if they receive a report]]>
<![CDATA[Discussing The Problems Of Implementing Iddah For Career Women ]]>
<![CDATA[Nur Solikin]]>;
<![CDATA[Amran Khaliqurrahman]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.10099
<![CDATA[Every human being expects a lasting relationship with his partner, but often relationships fail either because of divorce or death. The failure of a husband and wife relationship has a legal impact on a wife who is left behind, the wife who is left behind is obliged to perform iddah, iddah is Islamic law which aims to ensure that a woman's womb is empty before remarrying another man. In the implementation of iddah, there are restrictions to do, including the prohibition of applying, marrying, leaving the house and ihdad. Ihdad is a prohibition on dressing up. This problem then becomes a problem in itself for a career woman who in her daily life is required to leave the house to carry out her activities in her role as a career woman. As a professional, career women are required to dress and look like a pro. This then becomes a problem for a career woman who is carrying out iddah. On the one hand, make-up is prohibited, on the other hand, they are required to do so. Basically, Wahbah Zuhaili mentions that the essence of ihdad is to break the path that can make other prohibitions done, namely the interest of people to propose and get married. From the essence of the ihdad, a pregnant woman can take a middle path, which is to continue to carry out her role as a career woman, and keep her behavior and style simple so as not to invite men to approach and propose to her. That way iddah as sharia and the essence of ihdad can still be carried out.]]>
<![CDATA[Fintech Lending Tax Planning Strategy Based on Indonesian Taxation Rules ]]>
<![CDATA[Nafis Dwi Kartiko]]>;
<![CDATA[Ismi Fathia Rachmi]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.10577
<![CDATA[Technology is a necessary component of life and has an effect on it. The existence of technology has pushed the economy in a digital direction, which is continuing to grow. This trend is being felt across the economy, including the financial services sector. Fintech is one of the technological advancements in the financial services industry. Indonesia's fintech regulations are less complex than those in other countries. One of the regulatory flaws manifests itself in the area of taxation. As a result, fintech companies must develop a tax planning strategy. The purpose of this paper is to examine tax planning strategies for fintech lending through the lens of qualitative-descriptive research methods. The analysis is based on Indonesia's current legal provisions. The researchers developed tax planning strategies specifically for corporate income tax and value-added tax. The researchers concluded as follows based on the findings of the current regulation study: (1) in terms of value-added tax, fintech lending should pay attention to the limitations of taxable entrepreneurs, the separation of taxable and incentive income, as well as ensuring that input tax credit works properly; and (2) ensure that taxes withheld by third parties are appropriate and have a purpose.]]>
<![CDATA[The Urgence of the Criminalization of Trading in Influence in Corruption Eradication ]]>
<![CDATA[Itok Dwi Kurniawan]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.10567
<![CDATA[Corruption has developed and is increasingly having a major impact on the life of the nation, state and society. Corruption is an act committed by a person or legal entity which is an act of abuse for personal or other people's interests that can harm state finances. Trading in influence is the answer to the development of patterns of handling corruption whose mode is growing from time to time. This article will discuss the regulation of trading in influence in positive law in Indonesia, and the regulation of trading in influence in the future to fill the legal vacuum in dealing with corruption. The writing of this article uses a normative legal research method by means of a literature study. The analysis used in this study is to use deductive analysis techniques. The approach used in this legal research is a conceptual approach and a statutory approach. The result of this study is to know about the urgency of adopting trading in influence norm that regulated in UNCAC to optimize in effort to eradicating corruption. The conclusion is trading in influence norm in UNCAC is very important to adopt in Indonesian Anti-Corruption Law because has wider range in corruption tracing..]]>
<![CDATA[Pre-Employment Card (Kartu Prakerja) In The Middle Of A Pandemic Review From The Concept Of Justice And Welfare ]]>
<![CDATA[Risma Dewi Hermawan]]>;
<![CDATA[Aris Prio Agus Santoso]]>;
<![CDATA[Gempar Putra]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.10106
<![CDATA[The Covid 19 pandemic that attacked the industrial world of the Indonesian which resulted in the termination of employment by several companies so that the government had implemented policies including by issuing the Pre-Employment Card (Kartu Prakerja) Program to overcome unemployment and create welfare and social justice, but in the practice there are still people who have not received a pre-employment card. The problem in this research is how to implement the pre-employment card in terms of the concept of welfare and justice. The research uses a statute approach method. The research focuses more on library data, namely research carried out on secondary data which includes Indonesia Constitution, the 5th principle of the Pancasila, namely "Social Justice for All Indonesian People", Presidential Decree No. 36 of 2020 "The Pre-Employment Card Program is a work competency development program aimed at job seekers, workers/laborers who have been laid off, and/or who need to increase their competence", Government Regulation No. 39 of 2012 "Social Security is a scheme institutionalized to ensure that all people can fulfill their basic needs for a decent life”. The results of the study prove that the government has provided funds for the pre-employment card program to help workers solve economic problems due to layoffs, but during the pandemic the pre-employment card policy to restore employee health has not been effective with the most recipients in West Java 16%, then DKI Jakarta (10%)), followed by East Java (9.8%). Meanwhile, the provinces with the lowest recipients were West Papua (0.08%), then Gorontalo (0.37%), and Papua (0.46%)]]>
<![CDATA[Legal Protection Against Franchise Business In Maintaining Product Quality (Case study of Fremilt Pasar Kliwon Surakarta branch) ]]>
<![CDATA[Risma Dewi Hermawan]]>;
<![CDATA[Aris Prio Agus Santoso]]>;
<![CDATA[Rina Arum Prastyanti]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.11752
<![CDATA[The government needs to develop a franchise business in order to expand job opportunities, for that the government creates efforts to protect franchisees and franchisors so that the government issues government regulation no. 42 of 2007 concerning franchise business (Franchise). However, the reality is that there are still many franchises that do not fulfill their obligations to franchisors, such as some franchises that do not carry out SOPs (Standard Operating Procedures) with initial provisions. The problems raised in this study are about how the legal protection for the parties concerned in the franchise agreement, namely the franchisor and the franchisee and the forms of rights and obligations between the franchisor and the Fremilt product franchise, Pasar Kliwon Surakarta branch. This type of research uses empirical research, namely individual research related to social life, in this study the researcher tries to uncover legal protection for franchisees and franchisors of Fremilt products, Pasar Kliwon Surakarta branch. This research is taken from many facts in society. Based on the research, it was found that there is legal protection for franchisees and franchisors so that the taste of the product will be maintained its authenticity and between the two parties can run the SOP in accordance with the provisions of the agreement at the beginning. In addition, the franchisee and the franchisor will feel protected and will get a guarantee of certainty if something goes wrong that harms both parties]]>
<![CDATA[Constitutional Comparison Between Indonesia And Switzerland Constitutions Regarding The Mechanism Of Constitutional Amendment ]]>
<![CDATA[Muhammad Zulhidayat]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.9891
<![CDATA[The constitution is often equated with the Basic Law, each State has its own characteristics in drafting their Constitution, the Constitutional differences between one State and another also have an impact and influence the constitutional amendment system of each State. The purpose of this article is to find out how the comparison of the constitutions of Indonesia and Switzerland is related to the mechanism for amendment the constitutions of the those State. The results of this study indicate that in changing the constitution Indonesia must have 2/3 members of the MPR. Meanwhile, Switzerland in making amendment to their constitution gives the people veto rights to participate in determining amendment to their State's constitution. The conclusion in this study is that the Indonesian constitution is more rigid than the Switzerland constitution, the rules regarding amendment to the constitution that are rigid after the fourth amendment can be returned as the rules for changing the constitution before the amendment are more flexible, this will have a positive effect on the constitutional system in Indonesia. The writer's suggestion in this paper is that the Executive and Legislative Institutions immediately make a fifth amendment to replace outdated rules and strengthen the existing government system in Indonesia]]>
<![CDATA[The Judiciary as Bulwark of the Rule of Law and Democracy in Nigeria ]]>
<![CDATA[Ishmael U. Gwunireama]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.11950
<![CDATA[Democracy, especially constitutional democracy, rests on the rule of law, which rests on the legislature, executive and judiciary tripod. Nigeria has adopted these principles since independence to date, although with military interregnums. The roles of the legislature and executive are often highlighted partly because of electioneering procedures of the manifesto (propaganda), voting, among others. The contrary is the case with the judiciary, which appears to be in the background but plays very pivotal roles in preserving the rule of law and democracy principles. It does not issue manifestoes; it neither campaigns nor seeks election and does not hold constituency meetings. As a result, its roles in engendering the rule of law and democracy in Nigeria are less known. With the aid of decided cases, this work contends that the judiciary is indeed the bulwark of the rule of law and democracy. Therefore, those trampling on the judiciary, especially its independence should be cautious to know that but for the judiciary the minimal progress Nigeria has made in implementing the principles of rule of law and democracy would not have been achieved in the face of the excesses of the legislature and executive. In the same vein, the judiciary must purge itself and be of high moral turpitude to effectively play these sacred roles.]]>
<![CDATA[Implementation of Laws Number 8 of 2016 Concerning Disabilities Persons in Bandar Lampung City in 2022 ]]>
<![CDATA[Maya Zulvi Astarida]]>;
<![CDATA[Zainudin Hasan]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.12032
<![CDATA[Philosophical and constitutional based on Pancasila and UUD 1945, each citizen had equal work opportunities, access public facilities, acquire a decent life, including those with disabilities. Law number 8 year 2016 on disabilities person emphasizes that "disability is part of the Indonesian people of equal position, right, obligation and role." The writing use a normative-qualitative juridical approach study method and a qualitative descriptive study method. The reality of fulfilling disability rights remains very limited. People with disability do not have a good level of education and often get a bad stigma from people in general. The implementation of policy has several adverse factors: implementation of policy failed because of the undisclosed nature of policy, the implementation of public policy is very difficult, for example because of communications disruption, the implementation of public policy will be difficult if not enough support, the sharing of potential among the perpetrators involved in implementation]]>
<![CDATA[The Role Of The Indonesian Automatic Finger Print Identification System (Inafis) In Identifyng Perpetrators Of Murder Cases (A Cases Study In The Regional Police Of West Sumatera) ]]>
<![CDATA[Yoga Pratama Pratama]]>;
<![CDATA[Deaf Wahyuni Ramadhani]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i2.9948
<![CDATA[Indonesia Automatic Finger Print Identification System (Inafis) is a unit that plays a role in identifying a person through scientific means, by examining fingerprints at a crime scene. As stipulated in Article 15 paragraph (1), Law Number 2 of 2002 concerning the Indonesian National Police states that, "taking the first action at a crime scene, taking fingerprints and identities and other photographs, seeking information and evidence, receiving and keeping findings for a while ". Indonesia Automatic Finger Print Identification System (Inafis) is a unit that plays a role in identifying a person through scientific means, by examining fingerprints at a crime scene. The police, especially the Inafis unit itself, are looking for fingerprints in the vicinity of the crime scene (TKP) which will later assist investigators in finding and arresting the perpetrators of the murder. The problems raised in this study are, How are the roles and constraints of the Indonesian Automatic Finger Print Identification System (Inafis) of the West Sumatra Regional Police in uncovering the perpetrators of murder]]>
