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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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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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Deconstruction and Normalization of Omah Rembug Adil as A Manifestation of Restorative Justice Based on the Local Wisdom of the Javanese People: Case Study of Sendang Village, Wonogiri Sub-District, Wonogiri District Wahyu Beny Mukti Setiyawan; Majora Nuansa Al-Ghin; Yadi Suryadi; Fathurrahman Prasetyo Aji; Muhammad Wildan Khunaefi
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.v3i2.17661

Abstract

Solving problems through legal channels is a normal part of Indonesian cosmology today. Even so, the purpose of legal justice which should provide peace and justice to both parties has not really been realized. Therefore, taking the case study of Sendang Village as a pilot project for the Village Restorative Justice project from the High Court and the State Prosecutor's Office. Even though Sendang village has made good progress in implementing restorative justice through "Omah Rembug Adil", in fact "Omah Rembug Adil" is experiencing obstacles due to the cosmology of the people of Sendang and Wonogiri villages who are familiar with legal channels as a settlement solution. Thus, this study discusses Jacques Derrida's concept of deconstruction and Michel Foucault's normalization to create a normality of restorative justice cosmology. Using qualitative methods and Participatory Rural Appraisal (PRA) from April to June 2023 as an effort to map problems and potential local philosophies, this study has found that Javanese philosophy which is strong enough can be used as a tool in deconstructing and normalizing the cosmology of restorative justice for the people of Sendang village and Wonogiri. The implication can be carried out through the socialization of Javanese philosophy in the context of restorative justice. The form is seminars or FGDs targeting adults and youth, while [e-]comics for gen-z and millennials will be uploaded on various social media channels or formal education. Thus, this study succeeded in discussing the implication of solutions to the problems found by the "omah rembug adil"
Pre-Employment Card (Kartu Prakerja) In The Middle Of A Pandemic Review From The Concept Of Justice And Welfare Risma Dewi Hermawan; Aris Prio Agus Santoso; Gempar Putra
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.v1i2.10106

Abstract

The Covid 19 pandemic that attacked the industrial world of the Indonesian which resulted in the termination of employment by several companies so that the government had implemented policies including by issuing the Pre-Employment Card (Kartu Prakerja) Program to overcome unemployment and create welfare and social justice, but in the practice there are still people who have not received a pre-employment card. The problem in this research is how to implement the pre-employment card in terms of the concept of welfare and justice. The research uses a statute approach method. The research focuses more on library data, namely research carried out on secondary data which includes Indonesia Constitution, the 5th principle of the Pancasila, namely "Social Justice for All Indonesian People", Presidential Decree No. 36 of 2020 "The Pre-Employment Card Program is a work competency development program aimed at job seekers, workers/laborers who have been laid off, and/or who need to increase their competence", Government Regulation No. 39 of 2012 "Social Security is a scheme institutionalized to ensure that all people can fulfill their basic needs for a decent life”. The results of the study prove that the government has provided funds for the pre-employment card program to help workers solve economic problems due to layoffs, but during the pandemic the pre-employment card policy to restore employee health has not been effective with the most recipients in West Java 16%, then DKI Jakarta (10%)), followed by East Java (9.8%). Meanwhile, the provinces with the lowest recipients were West Papua (0.08%), then Gorontalo (0.37%), and Papua (0.46%)
Ease of Business Licensing Based on the Job Creation Law (Study of Public Participation in Preparation of AMDAL Document) Sopian, Maskun
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.v3i1.15661

Abstract

The omnibus law of the Job Creation Act changes several laws and regulations, including Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH). This study found that changes in provisions related to Environmental Impact Analysis (Amdal) in Law No. 11 of 2020 concerning Job Creation, with those previously regulated in Law No. 32 of 2009 concerning Environmental Protection and Management. Such as the definition of Amdal, the role of environmental observers, the elimination of objections and community involvement, the Amdal Assessment Commission, the Feasibility Test Team, and cancellation based on court decisions. This research is normative legal research that examines in detail library materials such as books, scientific journals, laws and other information that is considered related to this research. This study argues that public participation in the preparation of the Amdal document must be carried out by the initiator and the government considering that public participation is the obligation of the initiator and the government in addition to being a good right of the community.
Legal Vacancies in the Transfer of Rights to Class III State Houses in the Form of Flats Jatmika, Adi
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.v1i1.8675

Abstract

Class III state houses are in the form of flats including those whose rights can be transferred either independently and / or in the form of Apartment Units with or without their land by means of leasing, there are sectoral regulations that regulate these matters such as rules regarding state houses, flats, state property, and land registration have the impact of disharmony and legal vacancies. The research method used is the juridical-normative research method. The final part of this research concludes that the validity of Class III State Houses in the Form of Flats must meet the requirements stipulated in statutory regulations, including the status of land rights, the distribution of apartment elements such as shared land, shared objects, and parts together as regulated in the Law on Flats, the existence of the Association of Owners and Occupants of Apartment Units (PPPSRS) which is formed by the agency concerned, as well as the issuance of the Occupancy Permit of Class III State Houses in the Form of Flats. Holders of occupancy permits have rights, namely SIP Holders of State Houses of Category III can apply for transfer of Class III State Houses to the relevant Minister, protection of efforts to apply for transfer of these rights is preventive based on positive law in Indonesia which regulates the transfer can be carried out. There was a vacuum and disharmony in the Legislation regarding the Transfer of Rights to Group III State Houses in the Form of Flats, seen from the existence of Regulations that govern the transfer as in Presidential Regulation Number 11 of 2008, on the other hand there are no regulations governing the transfer of Class III State Houses. In the form of a Flat with the implications regarding the status of the Flat Ownership Unit (SHM Sarusun) as well as the status of joint shares, common objects, and common land, whether it can be transferred and managed by the Association of Owners and Residents of Flats (PPPSRS) or still become State Property
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
The Strength of Proof of MKDKI Decisions in Medical Crime Cases in Indonesia Muhammad Iffatul Lathoif; Budiarsih Budiarsih
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.v4i1.18092

Abstract

The aim of this research is to determine the evidentiary strength of MKDKI decisions in Medical Crime Cases in Indonesia. MKDKI has the main objective of protecting patient safety, maintaining the quality of service to patients, and also maintaining the honor of the profession of doctors and dentists, which is actualized in the form of a trial in the medical sphere to find out whether a doctor or dentist has made a mistake in applying medical discipline knowledge or not. , institutionally, MKDKI is an autonomous institution from the Indonesian Medical Council whose duties are independent and responsible to the Indonesian Medical Council, then KKI in carrying out its duties is responsible to the president. Complaints submitted to MKDKI act to eliminate the right of every person to report any alleged medical crime to an authorized party or filing a lawsuit for damages in court. The type used in this research is normative legal research. This type of research places more emphasis on answering existing legal problems or issues, and this research uses several approaches, namely the statutory approach, the conceptual approach. (conceptual approach) and case approach (case approach). The results of this research show that the evidentiary strength of the MKDKI Decision which can be used as documentary evidence in medical criminal cases is as follows: 1) issued by an authorized official or issued by an official institution, 2) the MKDKI decision is produced through a legal and legitimate process , and 3) proof at a trial at MKDKI is the same as in a proceeding using criminal procedural law; and the examination process and trial process are carried out in depth, and carried out by parties who are competent in their fields
Law Enforcement in Suppressing the Spread of the Covid-19 Virus through the Implementation of Restrictions on Community Activities's Policy (PPKM)
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.v2i1.11864

Abstract

The world is facing a disaster caused by the coronavirus disease 019 (COVID-19) pandemic where this virus has more or less infected more than six million people and claimed more than 370 thousand lives worldwide. The exposure to the spread is quite fast, one of which is Indonesia enacting the Policy for Enforcement of Community Activity Restrictions (PPKM) to suppress the spread of the corona virus. The problems that the author will describe are related to law enforcement efforts through PPKM policies and the legal basis related to sanctions given to the community who subscribe to health protocols. The research uses a normative method by using a statutory approach, books, journals, articles. The results of the study conclude that PPKM law enforcement can be concluded that it is still not effective, because looking at the reality there are still many non-essential and non-critical sectors that are still operating as usual, this can be seen from several factors, namely, legal factors, cultural factors, community factors, special factors imposing sanctions and the legal basis for the application of sanctions against people who do not comply with health protocols are clear in Article 93 of Law Number 6 of 2018 concerning Health Quarantine
Forms of Legal Protection Against Commercial Violation of Tiktok Video Copyright Amy Firsta Dewi; Dipo Wahyoeono Hariyono
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.v3i2.18295

Abstract

This research has the aim of explaining the form of legal protection for TikTok video content which is republished without the consent of the creator or TikTok creator for commercial personal gain, one example of which is being used for advertising. This is because there is still a lack of understanding on how to take action against or report individuals who violate Intellectual Property Rights on Copyrights that have harmed creators/authors/copyright holders. Information technology has an important influence on Intellectual Property Rights, information technology updates that are increasingly developing have a positive impact on Intellectual Property Rights as well. Creators can utilize and use information technology to create works, one example is creating video content on the TikTok application. Human intellectual skills can create a work in the fields of technology, science, art and literature referred to as intellectual property to obtain legal protection in accordance with statutory regulations in the field of Intellectual Property Rights (IPR) which can be owned by individuals, groups and companies. Works in the form of moving images or short videos published in the TikTok application are one of the cinematographic works that receive legal protection under the Copyright Law. But now there is one negative impact that is increasingly prevalent, namely the misuse of the download feature provided by the TikTok application to take video content works and take advantage of personal interests in the form of advertisements without the consent of anyone. The actions of the responsible party can harm the creator/creator/copyright holder who does not get the slightest royalty and doesn't even receive an apology
Legal Protection Against Franchise Business In Maintaining Product Quality (Case study of Fremilt Pasar Kliwon Surakarta branch) Risma Dewi Hermawan; Aris Prio Agus Santoso; Rina Arum Prastyanti
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.v1i2.11752

Abstract

The government needs to develop a franchise business in order to expand job opportunities, for that the government creates efforts to protect franchisees and franchisors so that the government issues government regulation no. 42 of 2007 concerning franchise business (Franchise). However, the reality is that there are still many franchises that do not fulfill their obligations to franchisors, such as some franchises that do not carry out SOPs (Standard Operating Procedures) with initial provisions. The problems raised in this study are about how the legal protection for the parties concerned in the franchise agreement, namely the franchisor and the franchisee and the forms of rights and obligations between the franchisor and the Fremilt product franchise, Pasar Kliwon Surakarta branch. This type of research uses empirical research, namely individual research related to social life, in this study the researcher tries to uncover legal protection for franchisees and franchisors of Fremilt products, Pasar Kliwon Surakarta branch. This research is taken from many facts in society. Based on the research, it was found that there is legal protection for franchisees and franchisors so that the taste of the product will be maintained its authenticity and between the two parties can run the SOP in accordance with the provisions of the agreement at the beginning. In addition, the franchisee and the franchisor will feel protected and will get a guarantee of certainty if something goes wrong that harms both parties
Comparison of Narcotic Criminalization Rules in Malaysia and Indonesia Dwi Priyatmojo, Katon
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.v3i1.16399

Abstract

This study aims to determine the comparison of narcotics criminalization rules between Malaysia and Indonesia. The method used in this research is normative legal research. This method is carried out by collecting secondary data through literature studies by reading laws, library books, and documents related to this research topic. Data obtained from library data processing were analyzed qualitatively. In Malaysia, drugs are the single most complicated social problem. Since 1970 until now there is still no visible positive change, in fact it has become more flexible and has not been able to be stopped. Malaysia has made various efforts to eradicate narcotics offenders in their country, including by conducting various studies on the dangerous contents of these narcotics by involving universities and institutions, establishing a special agency for eradicating narcotics crimes, spending large amounts of money in efforts to rehabilitate drug convicts. Meanwhile, in Indonesia the pattern is still applied to eradicating narcotics abuse, victims of drug users are still put in jail, even though during the process prisoners are allowed to be rehabilitated, this has not been an effective solution. Even though the Indonesian government's efforts to decriminalize or change the paradigm from imprisonment to recovery already exist in Supreme Court Circular (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts in Institutions for Medical Rehabilitation and Social Rehabilitation and Government Regulation Number 25 of 2011 concerning Compulsory Implementation Reports for Narcotics Addicts whose content confirms that drug addicts are victims and not perpetrators of crime, as well as legal legitimacy that addicts are not perpetrators of crimes but someone who suffers from addiction requires treatment both physically and psychologically and requires support from the community to be able to return to normal life, but in its implementation it is very difficult to implement so that it is still dominantly using criminalization efforts or still using the imprisonment paradigm instead of the recovery process for drug convicts

Page 4 of 10 | Total Record : 92

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