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
Articles
92 Documents
<![CDATA[Legal Responsibility for Misuse of Restricted Over-The-Counter Medicine Sold by Small Traders ]]>
<![CDATA[Atrianta Dea Puspita]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.15003
<![CDATA[The purpose of this legal research is to find out about the applications of doctors who perform telemedicine services and to find out the legal protection for doctors who perform telemedicine services. By using normative legal research method, this research uses statute approach and conceptual approach. Based on this research, a conclusion is obtained that refers to Law Number 36 of 2009 concerning Health, Minister of Health Regulation Number 20 of 2019 concerning the Implementation of Telemedicine Services Between Health Service Facilities, and Law Number 29 of 20004 concerning Medical Practice. However, these regulations have not provided legal protection for doctors who perform telemedicine services both in statutory provisions and the medical code of ethics. Legal protection should be provided through a new law on doctors who perform remote virtual services (telemedicine) which contains telemedicine authority so that there are limits to the authority of doctors to perform telemedicine services.]]>
<![CDATA[The Application of Simple Multiparty Concept to Maintain Political Stability in Carrying Presidential Candidates in the 2024 Election ]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.11862
<![CDATA[The 2019 election imposes a fairly high threshold for political parties to be able to nominate presidential candidates. PDIP as the party with the largest vote does not want to reduce the 20 percent threshold as a form of commitment to maintain political stability so that there is no political commotion and minimize the presence of incompetent candidates. This figure makes other parties to form a coalition that is divided into two presidential candidates. Although it appears that there is a multi-party simplification in accordance with the presidential system, the determination of the threshold is not in accordance with Article 6A paragraph (3) of the third Amendment of the 1945 Constitution. The purpose of this study is to review the application of a simple multiparty concept in maintaining political stability and to review the challenges of implementing a simple multiparty in carrying presidential candidates to meet the 2024 election. The method used in this study is a legal approach and a case approach with data collection through literature studies. The results of this study indicate that the implementation of a simple multiparty in the upcoming 2024 election is pursued by a presidential threshold of 0 percent, so that each political party can nominate a presidential candidate either alone or in a coalition, meaning that there is no simple multiparty. On the other hand, if the presidential threshold is set to 0 percent, the consolidation of democracy and political stability will be very noisy and require expensive costs for the implementation of the 2024 election contestation]]>
<![CDATA[Approaching Crime From A Psychological Perspective: Virtue Ethics And Criminal Etiology In Criminology ]]>
<![CDATA[Nafis Dwi Kartiko]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 3, No 2 (2023) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v3i2.18204
<![CDATA[This research aims to analyse the relationship between virtue ethics and criminal aetiology, particularly from a psychological perspective on criminal behaviour. Using the normative-dogmatic legal method, this research focuses on the systematic study of applicable legal rules and positive legal systems without collecting empirical data. The results indicate that virtue ethics has a significant influence on the prevention and reduction of criminal behaviour, showing that the formation of good character through moral education and positive behavioural examples can reduce the risk of criminal behaviour. This research contributes to the application of legal practice by suggesting the integration of virtue ethics principles for more effective rehabilitation and crime prevention strategies. The limitation of the research lies in the use of literature studies as the basis of analysis, which limits the generalisability of the findings to broader social practices.]]>
<![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[Analysis of the Explosion of the Pertamina Plumpang Depo in Review From Government Regulation No. 14 of 2015 Concerning the National Development Master Plan ]]>
<![CDATA[Khaerunisa, Kamila]]>;
<![CDATA[Ratnadewanti, Dewi]]>;
<![CDATA[Alvandi, Agung]]>;
<![CDATA[Hotimah, Husnul]]>;
<![CDATA[Antoni, Herli]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol. 3 No. 1 (2023) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v3i1.16398
<![CDATA[At present, industrial progress has been very rapid in various parts of the world, not to be missed in Indonesia. One of the industries engaged in Indonesia is oil and gas which is held by PT. Pertamina. The Pertamina Plumpang depot, where the oil is stored, has experienced two fires, first in January 2009 and also in March 2023 which spread to residents' settlements. The problem that was revealed after the plummpang incident was that the government could judge that the issuance of a building permit (IMB) was not the right decision, moreover the settlement is very close to the Pertamina depot which is at risk of fire hazard. This paper aims to provide an understanding of how this can happen and who will be responsible in this casebased on Government Regulation number 14 of 2015 concerning the National Development Master Plan. This paper was prepared based on a descriptive qualitative research method, with a case study approach. It can be concluded that the second explosion of the Plummpang depot which caused many victims of residents was due to the finding of an inaccurate IMB grant]]>
<![CDATA[Theory of Critical Legal Studies and the General Election and Presidential Election 2019 (Case Study: Critical Legal Studies of IAIN Ponorogo Students) ]]>
<![CDATA[Dewi Iriani]]>;
<![CDATA[Martha Eri Safira]]>;
<![CDATA[Arief Budiono]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 1, No 1 (2021) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v1i1.8676
<![CDATA[In 2019, presidential and legislative candidates were elected simultaneously on April 17, 2019. Likewise, students are given the right to choose the mind and critical spirit of problem formulations 1) What are the obstacles in implementing the 2019 simultaneous election according to Fakultas Syariah student Iain Ponorogo? 2) What are the factors of Fakultas Syariah student Iain Ponorogo so that they are interested in choosing the Presidential and Vice-Presidential candidate pair No. 1 and the candidate pair for President and Vice President No. 2? 3) What are the factors that make Falkutas Syariah student Iain Ponorogo in choosing a legislative candidate? This research is a qualitative research with the type of field research. Research results 1) The implementation of the 2019 general election students do not understand because the KPU does not provide socialization, unknown candidates, election violations, many KPPS officers have died which has been shown, the factor of the figure of the presidential and vice-presidential candidates is also their consideration in giving their voting rights, choosing candidates because they follow their parents. 3) The student factor chooses a candidate from if they know the candidate choosing from the vision and mission of the candidate, but if the candidate is not known to choose from a political party, he chooses because he gets basic food and money]]>
<![CDATA[Hatespeech and the Challenges of Post-Election Law Enforcement in Indonesia ]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i2.13639
<![CDATA[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]]>
<![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[Legal Responsibility for Misuse of Limited Over-The-Counter Drugs Sold by Small Traders ]]>
<![CDATA[Krisna Eka Ariestya]]>;
<![CDATA[Yovita Arie Mangesti]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v4i1.16479
<![CDATA[This research is useful to know about the legal responsibility for the misuse of limited free drugs sold by small traders, in order to achieve legal responsibility in health services. The type of normative law used in this research as research with the use of statutory approach (statue approach) and conceptual approach (conceptual approach). Based on this study, it can be concluded that the BPOM Regulation Number and Online Food and Permenkes Number 3 of 2021 concerning Changes in the Classification, Restrictions and Categories of Drugs have regulated the mechanism for the Limited Free Distribution of Pharmaceutical Drugs, but have not fully regulated the legal responsibilities of small traders who produce pharmaceutical preparations at retail for 16 years 2022 related to the supervision of the circulation of drugs circulated in Indonesian regions, PP 8 of 2020 by the Ministerial Regulation of the Food and Drug Supervisory Agency regarding supervision. Drugs and food sold online and Decree of the Minister of Health Number 3 of 2021 concerning Changes in Classification, Restrictions and Classes of Drugs have regulated the mechanism for the circulation of restricted over-the-counter drugs, but have not fully regulated the legal responsibility of drugs. Small traders who produce medicines in retail trade. As a complement to the existing regulations, preventive and repressive efforts require holistic arrangements and revitalization of the supervisory guidance system for the circulation of limited over-the-counter drugs in the community. Legal liability should be provided through a special law that contains authorities so that there is legal certainty over the legal liability for misuse of limited over-the-counter drugs sold by small traders.]]>
<![CDATA[The Settlement of Electronic Commerce Transactions Through Online Dispute Resolution Mediation (ODR) in Indonesia ]]>
<![CDATA[Anis Rifai]]>
<![CDATA[ Activa Yuris: Jurnal Hukum Vol 2, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas PGRI Madiun ]]>
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DOI: 10.25273/ay.v2i1.10983
<![CDATA[Nowdays, the internet has become a vital necessity in the daily life of people over the world. Once the internet is publicly opened, the internet was used also to benefit trade. At this moment, it is easy to find out plenty of common modern trade transactions that use technology as a medium, which is commonly known as electronic transactions or electronic commerce (e-commerce). A challenge of the changing era that needs serious attention is how to use the internet safely without getting into trouble because of the unpreparedness of Indonesia in various aspects (mainly in legal aspect) in order to anticipate all of the possible occurence relating to the electronic trading system. The problem is usually resolved through the courts and alternative dispute resolution. The problems that occurred at this time encompassing the justice seekers (in this case society) who are suffering a loss as a result of e-commerce transactions which is blocked by a considerable distance between the buyer with merchant. E-commerce and judicial process at court also takes up a long time and requires sophisticated mechanism. In connection with this, this paper will outline the settlement of e-commerce by implementing a mediation via online dispute resolution (ODR) for dispute resolution electronic commerce transactions in Indonesia]]>
