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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 2, No 2 (2022)" : 9 Documents clear
Urgence and Security of Digitalization of Land Electronic Certificate Issuance Documents Nur Rohman
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.v2i2.13152

Abstract

This study aims to determine the urgency and how to regulate personal data protection and security for the issuance of electronic land certificates. The author concludes first, that the regulation of personal data protection has been regulated through the 1945 Constitution of the Republic of Indonesia and other laws and regulations. However, there is no law that specifically regulates the protection of personal data. Currently the Personal Data Protection Bill has been included in the 2022 Prolegnas. Regarding the security of electronic land certificates, the Ministry of ATR/BPN RI has implemented several security measures, but the potential for personal data leakage still exists. Second, the policy for issuing electronic land certificates is currently not urgent to implement. This is based on the first, the lack of socialization of the policy to the public. Second, it is still prone to leaks of personal data. Third, there are still many unresolved agrarian conflicts, one of the causes of which is related to the overlapping of land ownership rights. So the author suggests first to immediately ratify the Personal Data Protection Bill so that the legal umbrella is clearer. Second, urging the government to immediately resolve existing agrarian conflicts and complete the land certification program first through PTSL
Communal Intellectual Property Protection Arrangements in Megadiversity Countries
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.v2i2.13576

Abstract

Indonesia is a country rich in diversity. Indonesia is one of six countries that are the center of cultural diversity (a center of cultural diversity) as well as being a mega-biodiversity country. Indonesia also has varied geographical conditions, diverse customs, and cultural resources, including traditional knowledge and rich traditional cultural expressions which are a form of communal intellectual property (Communal IP). Protection of Communal IP in Indonesia is different from the practice in other countries that already have regulations on Communal IP, some examples of which are India, Peru, and several other megadiversity countries. The formulation of the problem that will be discussed is how the form of the arrangement for the protection of Communal Intellectual Property in Megadiversity Countries and how the Classification of Communal IP Protection in Several Countries: Comparison of Regulatory Practices. The method used is a normative legal research type. The approach used is the statutory approach and the concept approach. The result of the discussion is the form of regulation on the protection of Communal IP in megadiversity countries, including the regulation on the protection of Communal IP in megadiversity countries, which can be classified as follows, the United States has laws to protect Indian culture and American descent. Peru, has laws on protecting the traditional knowledge of local and indigenous peoples about biodiversity in general and plant genetic resources for food and agriculture in particular. Even though Brazil has not ratified the Nagoya protocol, benefit-sharing access to genetic resources is at the forefront. Australia has laws governing Aboriginal cultural heritage and has a sui generis system for the protection of geographical indications. South Africa, already has laws on the protection of traditional knowledge and traditional cultural expressions and already has benefit-sharing access to genetic resources. India has made efforts to document indigenous knowledge on its own by creating the Traditional Knowledge Digital Library (TKDL) in 2001.
Implementation Sharia Principles and Development of National Law In Sharia Share Trading In Indonesian Capital Market Arsyad Aldyan
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.v2i2.13153

Abstract

In the capital market sector in Indonesia, especially with regard to stock trading in the capital market, sharia principles have begun to be applied properly. This is indicated by the existence of facilities (Sharia Online Trading System (SOTS) as well as brokers or securities companies that facilitate trading of shares in sharia, in addition to that added by the number of issuers listing sharia shares. Besides that, it is also supported more by the regulations issued by the national sharia board of the Indonesian Ulema Council and Otoritas Jasa Keuangan related to share trading in sharia. Finance as the institution tasked with overseeing the capital market. The National Sharia Council of MUI, issued regulations regarding sharia shares, among others, the Fatwa of the National Sharia Council No: 40/DSN-MUI/X/2003 concerning the Capital Market and General Guidelines for the Implementation of Sharia Principles in the Capital Market Sector; Fatwa of the National Sharia Council No: 80/DSN-MUI/III/2011 concerning the Implementation of Sharia Principles in the Mechanism of Trading in Equity Securities in the Regular Market of the Stock Exchange; while regarding sharia shares, Otoritas Jasa Keuangan issued the following regulations. Otoritas Jasa Keuangan Regulation No. 17/POJK.04/2015 concerning Issuance and Requirements for Sharia Securities in the Form of Shares by Sharia Issuers or Sharia Public Companies; Otoritas Jasa Keuangan Regulation No. 53 /POJK.04/2015 concerning Contracts Used in Issuing Sharia Securities in the Capital Market; Otoritas Jasa Keuangan Regulation No. 15/POJK.04/2015 Regarding the Implementation of Sharia Principles in the Capital Market
Hatespeech and the Challenges of Post-Election Law Enforcement in Indonesia
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.v2i2.13639

Abstract

Cases of hate speech in various post-election countries show the strengthening of community polarization that leads to horizontal conflicts that have the potential to threaten the disintegration of a country. This potential is even greater because of the public's distrust of law enforcement that has been carried out by the government so far. This paper is a type of normative research using a statute approach and a comparative approach. The results of the study show that the government must take prevention as early as possible and carry out law enforcement objectively so as to reduce the potential for social conflicts that lead to violence and state disintegration
Studying the Existence of Progressive Law in Handling Children Faced with the Law
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.v2i2.12188

Abstract

Children are special legal subjects, judging from the legal responsibilities they have. The legal conception places children as legal subjects that are different from adults, both in the civil realm and in the realm of criminal law. Progressive law, as well as placing children as legal subjects that are special in nature, that is, they are included in "those who are vulnerable" and need special protection and treatment. This article will discuss the different treatment of children, who are in conflict with the law, not as a form of discrimination but as a form of special treatment for special legal subjects. The writing of this article uses a normative legal research method with a conceptual approach and legislation. The results of this research are that children as a vulnerable group need to get special attention and special treatment to support the process of growth and development as the nation's next generation
Sharia Banking Dispute Settlement through the Litigation Process Henri Handal Fifgita
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.v2i2.13339

Abstract

This research aims to find out the way to resolve disputes in Islamic Banking through a litigation process. Normative legal research is the method used in this research. This method is to collect the secondary data through literature study by reading the Act, literature book, and the documents that are relative to the topic of this study discussed. The data obtained from the processing of library data was analyzed qualitatively. The treatment of Islamic economic cases, in a simple way, is based on the Regulation of the Supreme Court Number 2 of 2015 concerning the Procedure for a Simple Claims Court. Meanwhile, the handling of Islamic economic cases, in a common way, is based on the applicable Act. In an Islamic economic case by the Party that has made a lawsuit then it can file its lawsuit through the Registrar of the Religious Court of the area where the Plaintiff located or the area where the Defendant is or according to the agreement in the contents of the contract. The trial for examining Islamic economic cases at the Court is open to the public unless otherwise stipulated by law. This is based on the provisions of Article 19 paragraph (1) of Law Number 4 of 2004 that has been changed in Article 13 of Law Number 48 of 2009 concerning Judicial Power. This provision applies to the hearing of the Islamic banking dispute examination, also. In the common trial examination, this Islamic economic dispute occurs when both parties to the dispute or through their proxies are present at the first trial and/or subsequent trial. Before holding the trial, mediation is firstly conducted to find a solution, then the next stage was the examination of the subject matter and the opportunity to answer between the Applicant and Respondent. Based on the provisions of Article 178 HIR / Article 189 RBg, when the case examination is completed, the Panel of Judges, based on their position, conducts deliberation to make a decision to be applied. For the decision of Islamic Banking stating that the Applicant’s claim is accepted, the Respondent can apply to the Appeal before Cassation or Judicial Review.
Sexual Harassment through Social Media Review from Electronic Transaction Information Law
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.v2i2.13340

Abstract

The purpose of this study is to find out: first, the modus operandi of the perpetrator in committing sexual harassment on social media. Second, to find out the formulation of the offense in Article 27 paragraph (1) of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Transaction Information (ITE) reaching out to forms of sexual harassment on social media. The research uses normative research with a statutory approach. The results of the study conclude, First, there are at least 3 (three) modus operandi in general: a) by sending text or images with negative content to the victim; b) spamming or writing inappropriate comments in the victim's comment field or social media; c) by approaching the opposite sex who is the target (victim). Approaching the opposite sex who is being targeted is generally accompanied by threats or rewards. Second, in relation to Article 27 paragraph (1) of the ITE Law, it cannot reach various forms of sexual harassment through social media and prevent the birth of new forms of similar crimes through social media. This is because these provisions do not meet the elements of lex certa and lex scripta, namely that a law must contain elements of both actions, conditions and consequences. In addition, a law must be strict, firm, clear and not contain various interpretations
The Urgency of Public Information Disclosure in the Criminal Justice System Samuel Dharma Putra Nainggolan; Kholilur Rahman
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.v2i2.14942

Abstract

Informasi yang memang sudah menjadi milik publik sudah seharusnya tidak dihalang-halangi oleh siapapun (termasuk negara) apabila publik membutuhkannya. Namun terdapat beberapa informasi yang memang tidak menjadi konsumsi publik (dikecualikan). Pembentukan sistem peradilan pidana terpadu yang ditunjang dengan teknologi informasi mutlak diperlukan dalam penanganan suatu perkara demi terciptanya efektivitas dan efisiensi penanganan perkara
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

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