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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 92 Documents
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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.
BNPT's Position as The Leading Sector for Eradicating Criminal Acts of Terrorism Based on Law Number 5 Of 2018 Firdaus Muslim Ampriyanto
Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i1.19688

Abstract

After the formation of Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism, it involved collaboration with several other institutions, such as the National Counterterrorism Agency (BNPT) as the leading sector in eradicating criminal acts of terrorism, the National Army (TNI), the Indonesian National Police (POLRI). ) and the State Intelligence Agency (BIN). Aiming at creating a safe and peaceful country, this law is expected to be able to deal with criminal acts of terrorism. However, in reality this law has not been fully implemented optimally in dealing with criminal acts of terrorism in Indonesia. The formulation of the problem in this research is what is the position of BNPT as a leading sector based on Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism? The method used in this legal research is normative legal research, namely collecting data using secondary data through library research, namely reading from applicable legislation, literature books and documents related to the issues to be discussed. Data processing is based on library data obtained and then analyzed qualitatively. The results of this research are BNPT's position as a leading sector based on Law no. 5 of 2018 has not been optimal in implementing institutional prevention and control efforts to eradicate criminal acts of terrorism. This is because the coordination function between related institutions is currently considered to still be sectoral in handling and eradicating criminal acts of terrorism
The Implications of Electronic Mortgage Right's Implementation to Non-Bank Creditors Benny Djaja; Shinta Jayanti Permatasari
Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i1.12047

Abstract

Since July 8th 2020, the Minister of ATR/ chief of BPN Regulation Number 5 of 2020 has been ratified regarding Electronic Mortgage Rights, including regulating the implementation of private (non-bank) electronic systems. The application of the electronic system requires that every process from the registration stage of new Mortgage, renewal, and roya be carried out electronically. The service subject of the electronic Mortgage system is creditors and PPAT. Creditors consist of individuals and legal entities, both banking and non-bank. The author discusses the problem of how the mechanism for registering mortgages and roya through an electronic system for non-bank creditors, and how PPAT's responsibility is in registering mortgages electronically. The purpose of this research is to find out and understand the mechanism for registering mortgages and roya on non-bank creditors and PPAT's responsibility in registering mortgages electronically. This study uses an empirical juridical approach, with the object of research namely the application of regulations at the Land Agency Office of Kubu Raya Regency, West Kalimantan Province and the experience of several PPATs. Based on the data and analysis, it can be concluded that the mechanism for registering land for creditor accounts begins with registering the Touch Tanahku application, then PPAT will carry out the process of making APHT with predetermined conditions. During the process of electronically registering Mortgage Rights, PPAT is responsible formally, but not materially
The Influence of the Child Criminal Justice System in the Implementation of Criminal Sansction For Undereges Who Permit Criminal act Dea Delyana; Selly Ridha Putri; Zhafirah Dinda Lolita; Asmak Ul Hosnah
Activa Yuris: Jurnal Hukum Vol 3, No 2 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i2.19251

Abstract

The application of criminal sanctions against minors has many challenges and obstacles, including in terms of measuring children's guilt, determining appropriate sanctions, and reintegrating children after serving criminal sanctions. The imposition of criminal sanctions against minors can have significant social and psychological consequences, both for the child and the community where the child lives. This paper is prepared based on normative research with analytical descriptive nature. It is stated that Juvenile Justice, in accordance with Law No. 11/2012, is separate from the criminal provisions listed in Article 10 of the Criminal Code and determines sanctions independently. This paper aims for the government to immediately complete the unfinished regulations and prioritize attention to the institutions responsible for the detention and arrest of children and ensure that they are spread throughout Indonesia.
Analysis of the Distribution of Heirth Rights to Adopted Children with Wajibah Testament Halimahtus Sadiah; Erlina B; Melisa Safitri
Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i1.11879

Abstract

Adoption of a child is a legal act, because it must have legal consequences. Some of the legal consequences of adopting a child are regarding the position or status of the adopted child as heirs to the adoptive child's parents. Adopted children can not become heirs of adoptive parents, but adopted children have the right to become heirs if the adoptive parents submit a will to the child, this called testament wajibah. The researcher used library research and interview methods. By using this method, the researcher obtained the result that the adopted child could inherit with the determination that it was not more than 1/3 of the inheritance of the adoptive parents. Based on the provisions of Islamic law, adopted children cannot be appointed as heirs, because in the provisions of Islamic law, those who can be appointed as heirs are those who are related by blood to the heir. A will (testament) is different from a gift or what is called a "grant". The difference between a testament and a grant is that a will, even though it has been made when the testator is still alive, is only enforced after the testator has died, while the grant itself is valid when the grantor is still alive.
Legitimation: License for Registration of Interreligious Marriages by the State Court Desmal Fajri
Activa Yuris: Jurnal Hukum Vol 3, No 2 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i2.17474

Abstract

The Surabaya District Court judge has granted the application for a permit to register an interfaith marriage between Rizal Adikara (Islam) and Eka Debora Sidauruk (Christian with decision Number: 916/Pdt.P/2022/PN.Sby. Previously, the registration of their marriage was rejected by the Population and Civil Registry Office. Civil Registry.The purpose of this research is to analyze judges' considerations in determining permission to register interfaith marriages.This type of research is library research, using a juridical normative approach.The source of data comes from primary legal materials, namely statutory regulations and legal materials secondary such as legal opinion/doctrine/theories from legal literature, research results, journals, papers, theses and websites related to research.This research is descriptive analytical in nature.Results of the research are that District Court judges have legitimized the registration of interfaith marriages with the consideration that The Marriage Law and the Law on Population Administration have provided space for the Court to render decisions and citizens have the right to defend their religious beliefs when they want to build a household. This judge has used a judicial activism approach in order to guarantee the freedom of citizens as protected by the constitution. Then this decision only granted permission to register religious marriages, not permission to carry out marriages because the applicant parties were married before the Court's decision
Discussing The Problems Of Implementing Iddah For Career Women Nur Solikin; Amran Khaliqurrahman
Activa Yuris: Jurnal Hukum Vol 1, No 2 (2021)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v1i2.10099

Abstract

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.
Recognition as Evidence that Determines the Validity of the Sale and Purchase of Land and Buildings (Case Study: Case No. 1298 K/PDT/2022) Pangarso Wicaksono, Adhiputro; Saptanti, Noor
Activa Yuris: Jurnal Hukum Vol. 3 No. 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.15630

Abstract

Disputes can occur because of misunderstandings, differences of opinion, defense of interests, rights and obligations that are not fulfilled, and one party feels disadvantaged. One of the evidence in the dispute or case of the validity of the sale and purchase of land and buildings is recognition. This study aims to find out and analyze the application of the Civil Procedure Proof System, especially evidence of recognition. This research is a normative study using a case approach and deductive analysis. The legal material used is primary legal material in the form of a court decision and relevant laws and regulations. The results showed that in the case of the Plaintiff as the seller of land and the building as mentioned in the sale and purchase deed denied the sale of land and his building, but because in the lawsuit the Plaintiff admitted that he had received money from the buyer (Defendant I), the sale and purchase was considered valid with all legal consequences
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
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

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