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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 7 Documents
 1 
Search results for , issue "Vol. 6 No. 1 (2026)" : 7 Documents clear
Presumption of Innocence as a Legal Fiction: Philosophical Foundations and Practical Implications in the Criminal Justice System Setyawan, Vincent Patria
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.22458

Abstract

The principle of the presumption of innocence is a fundamental doctrine in criminal law that guarantees every individual the right to be treated as innocent until proven guilty by a competent court. However, in practice, this principle often faces significant challenges, especially when it is confronted with public opinion, media exposure, and institutional interests. This study critically examines the presumption of innocence as a legal fiction, exploring both its philosophical foundations and its practical application within the criminal justice system. The objective of this research is to analyze how the legal fiction of presumed innocence functions as a normative ideal, while also identifying the gaps between theoretical guarantees and their actual implementation in legal processes. The research method used in this study is normative legal analysis, supported by a conceptual and philosophical approach. Primary and secondary legal materials are examined to understand how legal fiction is constructed and justified in criminal law theory. The results of this study show that the presumption of innocence, although formally enshrined in legal instruments, is often undermined in practice by pre-trial public exposure, institutional bias, and procedural irregularities. This condition weakens the role of legal fiction as a protective mechanism for suspects and defendants. The conclusion of this study emphasizes the need for a more consistent application of the presumption of innocence, not only as a formal principle but as a substantive guarantee of fairness and justice. Legal fiction must be critically evaluated to ensure that it does not merely serve as rhetorical ornamentation but becomes an effective tool in upholding human dignity within the criminal justice system.
Analysis of Decision in Case Number: 04/KPPU-M/2019 Concerning Alleged Violation of Article 29 of Law Number 5 of 1999 in conjunction with Article 5 of Government Regulation Number 57 of 2010 Regarding Delay in Notification of Acquisition of PT Citra Laut Ginting, Halimah
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.23010

Abstract

Acquisition is a form of external expansion undertaken by companies for various strategic purposes, such as expanding markets, strengthening core businesses, or gaining a foothold in foreign markets. This study discusses the case of the acquisition of shares by PT Wijaya Karya Beton, Tbk. of PT Citra Lautan Teduh on December 5, 2014. This acquisition resulted in PT Wijaya Karya Beton, Tbk. controlling 99.5% of the shares of PT Citra Lautan Teduh. Although legally valid, this acquisition raised issues due to the delay in notifying the Business Competition Supervisory Commission (KPPU), as stipulated in Article 29 of Law Number 5 of 1999 Jo. Article 5 of Government Regulation Number 57 of 2010. PT Wijaya Karya Beton, Tbk. should have submitted the notification no later than 30 days from the effective date of the acquisition, which was December 16, 2014. The administrative sanctions imposed by the KPPU for the late notification have drawn significant attention to the notification regulations in acquisition transactions. These regulations are one of the guarantees of transparency in preventing monopolistic practices and unfair business competition
Pollution Resulting From Waste Accumulation at the Binjai City Landfill and Management Efforts Irtifa, Nazla Ghassani
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.23599

Abstract

The problem of waste accumulation at the Binjai City Landfill has become an environmental issue that requires serious attention due to the increase in waste generation in line with population growth, urban development, and increased community economic activity. The landfill, located in Mencirim Village, still uses an open disposal system, which is unable to control the daily volume of waste and causes soil, water, and air pollution. This study aims to explain the factors causing waste accumulation, the forms of pollution that arise, and their impact on the community around the landfill, as well as to identify sustainable waste management strategies. The research method used is descriptive qualitative through literature studies, regulatory reviews, local government reports, scientific articles, and field observations that produce a comprehensive picture of the condition of the landfill. The results show that the accumulation occurs due to the volume of waste exceeding the storage capacity, the absence of waste sorting at the source, the high dependence of the community on plastic, and the weak implementation of waste reduction policies. This accumulation produces leachate that contaminates groundwater and surface water, hazardous gases that cause pungent odors, and an increase in the population of disease vectors such as flies and rats. The impacts include respiratory disorders, skin diseases, a decline in land economic value, increased health costs, and a decline in the quality of life of the community. Based on these findings, this study recommends waste sorting at the household level, the development of recycling-based waste treatment facilities, community empowerment, the transformation of landfills into sanitary landfills, and the strengthening of law enforcement. The results of this study are expected to form the basis for the formulation of more effective and environmentally friendly waste management policies for the Binjai City Government.
Waste Management Crisis at the Terjun Medan Landfill: Analysis of Local Government Legal Responsibility Simanungkalit, Angelica; Rosmalinda; Affila
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.23672

Abstract

Medan City is facing a serious environmental crisis due to a nearly 50-meter-high pile of waste at the Terjun Final Disposal Site (TPA Terjun), which is managed using an open dumping system. This condition indicates a failure in local government governance to fulfill waste management obligations as stipulated in Law Number 18 of 2008 concerning Waste Management and Law Number 32 of 2009 concerning Environmental Protection and Management. This failure has resulted in violations of the public’s right to a healthy environment as guaranteed by the 1945 Constitution. Negative impacts such as groundwater contamination, air pollution, and health risks threatening the surrounding residents constitute environmental injustice. Local governments may face administrative sanctions and lawsuits for compensation and have an obligation to carry out environmental restoration. Addressing this crisis requires active roles from the Medan City Government, central and provincial governments, the public to realize effective, sustainable, and environmentally friendly waste management
Overlapping Central-Regional Authorities in the Unitary State of the Republic of Indonesia: Problems of Decentralization Design and Governance Reconstruction Arfandy, Muh Farhan; Santoso, Amin Nugrah; Abdurrachman, Aryoko; Jahra, Shofiyatu
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.24072

Abstract

The dynamics of central-regional relations in Indonesia's post-Reform constitutional system continue to fluctuate, particularly with the advent of the Omnibus Law regime (Job Creation Law), which has fundamentally altered the landscape of decentralization. This article examines the structural problems of overlapping authority, which are no longer merely administrative but have created a regulatory vacuum and legal uncertainty at the local level. Using normative legal research methods with statutory and conceptual approaches, this study analyzes the disharmony between the Regional Government Law as the basis of autonomy and various sectoral laws that tend to be centralistic. The findings indicate that centralization of licensing without adequate central supervisory capacity has weakened environmental control functions and hindered public service effectiveness. As a solution, this article proposes a reconstruction of the authority distribution model through five strategic pillars: (1) regulatory harmonization placing the Regional Government Law as the lex generalis; (2) revitalization of the subsidiarity principle returning execution functions to the regions; (3) institutionalization of non-litigation administrative dispute resolution mechanisms; (4) a shift towards outcome-based accountability; and (5) the implementation of asymmetric decentralization and multi-level governance. This reconstruction aims to build a synergistic, accountable, and responsive central-regional relationship within the framework of the Unitary State of the Republic of Indonesia.
The Dualism of The Existence of 'Sopi' in Maluku Between a Sacred Traditional Symbol and a Criminogenic Symbol Uar, Raihana
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.24332

Abstract

Corruption is a serious and systemic problem that has wide-ranging impacts on governance, national development, and public trust in state institutions. Efforts to combat corruption cannot rely solely on law enforcement but must also be supported by sustainable preventive strategies through education. Anti-corruption education plays a strategic role in shaping the character of younger generations by promoting values such as integrity, honesty, responsibility, and discipline. Through a structured educational process, individuals are equipped with knowledge, moral awareness, and skills to recognize, prevent, and resist corrupt practices. This study aims to analyze the urgency of anti-corruption education as an instrument for fostering an anti-corruption culture in Indonesia. The research employs a literature review method by examining legal regulations, national policies, reports from international organizations, and relevant previous studies. The findings indicate that anti-corruption education significantly contributes to enhancing legal and moral awareness, strengthening ethical values, and promoting transparent and accountable governance. Therefore, anti-corruption education constitutes a crucial long-term investment in achieving a just, prosperous, and corruption-free society.
Construction Dispute Council as an Alternative Dispute Settlement Yudistira; Aprita, Serlika
Activa Yuris: Jurnal Hukum Vol. 6 No. 1 (2026)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v6i1.24333

Abstract

The process settling of the different perceptions that lead to dispute is very disruptive to the construction activities. Thus the election of dispute resolution must be observed specifically to obtain maximum results. Dispute council and arbitration council are the choice where disagreement that lead dispute must be resolved. Settlement prioritizes values that uphold good relationships, legal certainty and certainty of project sustainability. The assessment between the owner and the contractor is different, besides they prioritize the legal certainty of a dispute, evidently they have their own respective interests, the owner priority is the sustainability of the project to be achieved amid a dispute, in order to keep the business opportunity in the next project. This can be well accommodated by the dispute council by referring to the Fidic Conditions of Contracts. With a sample of 100 respondents in which 47% of Owners and Consultants, 53% of Contractors, they tend to prefer the Dispute Council as a way to resolve construction disputes. The result is 53.7% of the owner and the contractor chooses the dispute councils by prioritizing legal certainty, the sustainability of the project and good relations, while the remaining 29.6% chose Arbitration.

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