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Program Studi Hukum, Fakultas Hukum, Universitas PGRI Madiun Jl. Setiabudi No. 85 Kota Madiun 63118
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INDONESIA
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 106 Documents
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Judicial Considerations in Sentencing a Juvenile Offender Convicted of Assault to Undergo Vocational Training Dedi Anwar; Aristo Evandy A. Barlian
Activa Yuris: Jurnal Hukum Vol. 6 No. 2 (2026)
Publisher : Universitas PGRI Madiun

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Abstract

Perpetrators of crimes today, are not only adults, and it cannot be denied that children also commit crimes. This shows that the perpetrator of a crime can be committed by anyone regardless of the age of the person who committed the crime. The main issues discussed in the writing of this law are why children commit the crime of molestation, how to resolve the child perpetrators of the crime of committing torture with deversion and what is the basis for the judge's consideration in imposing the criminal offense against the child perpetrator of the crime of torture to attend job training (verdict study number: 27 / Pid.susanak / 2020 / PN.Gns). The research method used in writing this law is a normative juridical approach, the research used is descriptive, the type of data used is secondary data, secondary data that are still relevant to the problem, namely primary legal materials, secondary legal materials and tertiary legal materials, and techniques. data collection is in the form of literature study. Based on the results of research and discussion, legal protection for children in the juvenile criminal justice system can be seen from the national legislation on children. The basis for the judge's consideration used by the judge in imposing a conviction is juridical and non-juridical considerations. The conclusion from the writing of this law is that the government, society, and parents should take part in the socialization on child issues and child judges should attend trainings in order to know the latest laws and regulations
An Examination of the LGBT Phenomenon Reviewed According to the Socio-Legal Approach and Its Existence an Positive Law an Indonesia Devina Devina; Maria Sesilia Toe Labina; Marcelina Fitria Paparang; Silvi Ristia; Yenny Febriyanti
Activa Yuris: Jurnal Hukum Vol. 6 No. 2 (2026)
Publisher : Universitas PGRI Madiun

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Abstract

This study aims to examine the status of Lesbian, Gay, Bisexual, and Transgender (LGBT) sexual orientations within the framework of positive law and human rights in Indonesia. The research employs a dual approach: a normative method based on a literature review and an empirical method utilizing online questionnaires. In Indonesia, there is no specific positive law addressing LGBT issues; instead, the matter is addressed through legal frameworks considered relevant to the LGBT context. These include marriage laws regulated under Law No. 1 of 1974, the 1945 Constitution of the Republic of Indonesia, and Law No. 1 of 2023 concerning the new Criminal Code (KUHP). Legal uncertainty regarding LGBT behavior has led to discrimination fueled by public anxiety; the central question is whether LGBT behavior constitutes a punishable offense or represents a legitimate exercise of an individual's right to choose their sexual orientation—a right protected under human rights principles. The Indonesian public urges the government to take swift action to address this phenomenon and prevent the country from being tainted by LGBT gatherings.
Resolution of Medical Disputes Arising from Medical Malpractice Based on Restorative Justice Rifqi Riza Razzani; Yovita Arie Mangesti
Activa Yuris: Jurnal Hukum Vol. 6 No. 2 (2026)
Publisher : Universitas PGRI Madiun

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Abstract

The purpose of this study is to examine how medical disputes arising from medical negligence are resolved based on restorative justice. The research method used in this study is normative legal research, which focuses on addressing existing legal problems or issues. This study employs several approaches, namely the statutory approach, the conceptual approach, and the case approach. The results of this study indicate that restorative justice can be implemented by convening a meeting of all stakeholders such as the hospital director, the chair of the Indonesian Medical Association (IDI), the patient’s family, the physician involved, community leaders, law enforcement officials, witnesses, and others to sit together and deliberate in order to reach an agreement
The Role of Legal Politics in Addressing Terrorism Actions by Densus 88 from the Perspective of Human Rights Juprizal Nasution
Activa Yuris: Jurnal Hukum Vol. 6 No. 2 (2026)
Publisher : Universitas PGRI Madiun

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Abstract

Human Rights (HAM) are rights possessed by every human being regardless of race, skin color, gender, ethnicity, or religion. They are legally guaranteed in the protection of human rights, which safeguards individuals or groups from actions that violate freedom, dignity, and human worth. One of the instruments of human rights law used as a guideline in implementing human rights norms is explicitly stated in the 1945 Constitution of the Republic of Indonesia post-amendment. Among all these articles, Articles 27 and 28 concerning human rights and the Universal Declaration of Human Rights of 1948, as well as Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts. The author uses a normative qualitative research method. The data sources used in this research are primary data sources, secondary data sources, and tertiary data sources. In data collection, the technique used was literature study, by examining regulations, books, and materials related to the title of this thesis. The results of this study indicate violations of human rights committed by Densus 88 in the arrest of terrorism suspects, such as the absence of arrest warrants and search warrants, as well as attempts to torture terrorism suspects leading to death. In the matter of counter-terrorism, Densus 88 violates human rights, such as the right to life, the right not to be tortured, deprivation of personal freedom, deprivation of life, and violations of the right to worship.
Analysis of Provisions for Other Healthcare Workers Replacing Pharmaceutical Personnel in the Law Dandy Wahyu Nurfahmi; Budiarsih Budiarsih
Activa Yuris: Jurnal Hukum Vol. 6 No. 2 (2026)
Publisher : Universitas PGRI Madiun

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Abstract

The purpose of this research is to analyse the provisions for other healthcare personnel who replace pharmaceutical personnel in the law. The type of research used in this writing is normative legal research, which emphasises addressing existing legal issues or problems. This research employs several approaches, namely the statute approach, conceptual approach, and case approach. The results of this research indicate that other healthcare workers replacing pharmaceutical personnel "under certain conditions" can be carried out as it is in accordance with Article 145 paragraph (3) of Law Number 17 of 2023 concerning Health. However, several conditions must be met, including: 1) The unavailability of pharmaceutical personnel; 2) Due to government program needs, outbreak conditions, epidemics, and disaster emergencies; and 3) The healthcare workers in question, including doctors and/or dentists, midwives, and nurses, performing their duties in emergency situations that threaten life safety and require immediate medical action to save patients.
Legal Consequences of Carry-Over Actions in the Legislative Process Krisna Tanjung; Hufron
Activa Yuris: Jurnal Hukum Vol. 6 No. 2 (2026)
Publisher : Universitas PGRI Madiun

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Abstract

Drafting a bill requires a mechanism for drafting laws through a process that is not easy. Prolegnas is the first step to determine which bills can be drafted using the concept of transfer is some form of legal policy in the legislature. The concept of transfer of law must be able to complement the process of establishing a legal order, of course also taking into account the efficiency and sustainability of development planning within the framework of the national legislation program. The significantly increased number of laws included in the National Legislation Program but not finalized in the DPR is the reason for the start of the carry over mechanism. Considering that one of the conditions for a bill to be expelled is that it has reached the discussion stage of the Problem Inventory List (DIM) during the DPR's membership period. This is stated in Article 71A of Law Number 15 of 2019 concerning the Bill, which was terminated in the Level I Discussion stage in 2019. The provisions of Article 71A of Law Number 15 of 2019 regarding the concept of carry over must be considered carefully. Article 71A of Law Number 15 of 2019 regulates the conditions. This condition led to the conclusion that not all bills that have reached the Level I Discussion stage or the DIM discussion stage can be forwarded to the 2020–2020 medium-term National Legislation Program and the annual priority Prolegnas.

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