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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 92 Documents
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Constitutional Comparison Between Indonesia And Switzerland Constitutions Regarding The Mechanism Of Constitutional Amendment Muhammad Zulhidayat
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.v1i2.9891

Abstract

The constitution is often equated with the Basic Law, each State has its own characteristics in drafting their Constitution, the Constitutional differences between one State and another also have an impact and influence the constitutional amendment system of each State. The purpose of this article is to find out how the comparison of the constitutions of Indonesia and Switzerland is related to the mechanism for amendment the constitutions of the those State. The results of this study indicate that in changing the constitution Indonesia must have 2/3 members of the MPR. Meanwhile, Switzerland in making amendment to their constitution gives the people veto rights to participate in determining amendment to their State's constitution. The conclusion in this study is that the Indonesian constitution is more rigid than the Switzerland constitution, the rules regarding amendment to the constitution that are rigid after the fourth amendment can be returned as the rules for changing the constitution before the amendment are more flexible, this will have a positive effect on the constitutional system in Indonesia. The writer's suggestion in this paper is that the Executive and Legislative Institutions immediately make a fifth amendment to replace outdated rules and strengthen the existing government system in Indonesia
Sharia Banking Dispute Settlement through the Litigation Process Henri Handal Fifgita
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.v2i2.13339

Abstract

This research aims to find out the way to resolve disputes in Islamic Banking through a litigation process. Normative legal research is the method used in this research. This method is to collect the secondary data through literature study by reading the Act, literature book, and the documents that are relative to the topic of this study discussed. The data obtained from the processing of library data was analyzed qualitatively. The treatment of Islamic economic cases, in a simple way, is based on the Regulation of the Supreme Court Number 2 of 2015 concerning the Procedure for a Simple Claims Court. Meanwhile, the handling of Islamic economic cases, in a common way, is based on the applicable Act. In an Islamic economic case by the Party that has made a lawsuit then it can file its lawsuit through the Registrar of the Religious Court of the area where the Plaintiff located or the area where the Defendant is or according to the agreement in the contents of the contract. The trial for examining Islamic economic cases at the Court is open to the public unless otherwise stipulated by law. This is based on the provisions of Article 19 paragraph (1) of Law Number 4 of 2004 that has been changed in Article 13 of Law Number 48 of 2009 concerning Judicial Power. This provision applies to the hearing of the Islamic banking dispute examination, also. In the common trial examination, this Islamic economic dispute occurs when both parties to the dispute or through their proxies are present at the first trial and/or subsequent trial. Before holding the trial, mediation is firstly conducted to find a solution, then the next stage was the examination of the subject matter and the opportunity to answer between the Applicant and Respondent. Based on the provisions of Article 178 HIR / Article 189 RBg, when the case examination is completed, the Panel of Judges, based on their position, conducts deliberation to make a decision to be applied. For the decision of Islamic Banking stating that the Applicant’s claim is accepted, the Respondent can apply to the Appeal before Cassation or Judicial Review.
Hart on Formalism in Legal Reasoning: Implication for Judicial Review Ngozi Chukwuemeka Aja
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.v2i1.12207

Abstract

This article articulates the implication of Herbert Lionel Adolphus Hart’s views on formalism for judicial review. Formalism in legal reasoning, being adverse to a court’s exercise of discretionary power, defeats the objective of legal reasoning, which is the attainment of justice. The traditional conception of judicial review, which restricts it to the role of the court in establishing the legality of governmental acts, makes legal reasoning formalistic. Hart argues that legal formalism, which means strict adherence to laid-down rules, ought not to be a feature of any aspect of legal reasoning. Thus, legal reasoning in judicial review, if restricted to only establishing the legality of governmental actions and inactions, robs the court of its function in considering both legal and substantive justice. Consequently, this article maintains that the objective of judicial review should also include examining the merit and wisdom of governmental actions and inactions in the light of the principle of substantive justice. Any legal system inclined to realize the principle of substantive justice necessarily deviates from the traditional conception of judicial review. It is sad that even in a country like Nigeria, where recent developments in terms of formulations of fundamental human rights rules and environmental laws point to a change in the traditional conception of judicial review, the Supreme Court still insists on adhering to that conception. The approach adopted by the Nigerian Appeal court in cases of judicial review, which portray a shift from the traditional conception, is commendable and is recommended by this article for every legal system
Indonesia's Regulation and Implementation of Subsidies in View of Agreement on Subsidies and Countervailing Measures 1995-WTO Eny Sholekhah
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.v4i1.18154

Abstract

Regulation and implementation of subsidies in Indonesia is in the form of financial assistance provided by the government either directly or indirectly to companies, industries, industrial groups or exporters. With the aim of increasing export activities and reducing import activities for the welfare of the people and not violating the provisions of the 1945 Constitution, as the definition of subsidies is explained in the PP. Number 34 of 2011 concerning Anti-Dumping Measures, Compensatory Measures and Trade Security Measures Article 1 paragraph 8. In the Indonesian Government's policy, subsidies are given as long as they are to achieve people's welfare, and do not violate the order in the 1945 Constitution. However, in terms of government policy to improving people's welfare and protecting the domestic economy, often causing problems in the scope of international trade. This article aims to examine and understand how subsidies are regulated and implemented in Indonesia in terms of the Agreement On Subsidies And Countervailing Measures 1995-WTO. This research is normative legal research which examines written law based on applicable laws and regulations. The results of this research are that based on the policy issued by the Indonesian government, subsidies are given in order to realize the domestic economy, so based on this policy, basically the Agreement On Subsidies And Countervailng Measures 1995-WTO limits subsidies, so that their use does not cause harm to other countries' industries.
The Judiciary as Bulwark of the Rule of Law and Democracy in Nigeria Ishmael U. Gwunireama
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.v1i2.11950

Abstract

Democracy, especially constitutional democracy, rests on the rule of law, which rests on the legislature, executive and judiciary tripod. Nigeria has adopted these principles since independence to date, although with military interregnums. The roles of the legislature and executive are often highlighted partly because of electioneering procedures of the manifesto (propaganda), voting, among others. The contrary is the case with the judiciary, which appears to be in the background but plays very pivotal roles in preserving the rule of law and democracy principles. It does not issue manifestoes; it neither campaigns nor seeks election and does not hold constituency meetings. As a result, its roles in engendering the rule of law and democracy in Nigeria are less known. With the aid of decided cases, this work contends that the judiciary is indeed the bulwark of the rule of law and democracy. Therefore, those trampling on the judiciary, especially its independence should be cautious to know that but for the judiciary the minimal progress Nigeria has made in implementing the principles of rule of law and democracy would not have been achieved in the face of the excesses of the legislature and executive. In the same vein, the judiciary must purge itself and be of high moral turpitude to effectively play these sacred roles.
Procedure for Giving Compensation to Victims of Environmenental Pollution in the Sidoarjo bio Industrial Area Shadam Teja Kusuma; Budiarsih Budiarsih
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.v3i2.16589

Abstract

Pollution not only affects people's lives today, but also threatens their survival in the future. If one of the parties who are harmed or harmed feels harmed by an activity that pollutes or damages the environment so that the occurrence of this can turn into an environmental conflict. Requirements for compensation for parties harmed by environmental factors were previously regulated in the elucidation of the Regulation of the State Minister for the Environment Number 13 of 2011, but implementation was not carried out. So that every citizen or community has the right to a healthy and good environment that is bound to protect the environment and also to prevent and mitigate environmental pollution and damage, protect and manage the environment as a form of human endeavor in carrying out its interactions with the environment in order to sustain life to achieve prosperity and environmental sustainability. The criteria for compensation for victims of pollution are regulated by changes in the value of property before and after pollution and/or environmental damage, how to value community assets, how to calculate additional costs and cost prevention, loss of income, changes in operations, and money generated by pollution and/or environmental damage, as well as medical costs. If the polluter is required to include costs of pollution and/or environmental damage into the calculation of production costs, operational and/or operational costs, in addition to paying the agreed compensation, then the compensation is considered reasonable. An obstacle to paying proper compensation to victims of pollution is the lack of human resources in the area, such as experts in calculating environmental compensation. Compensation must be carried out according to the procedures of the Environmental Agency and special laws, so that the person concerned bears legal responsibility for losses paid to victims of environmental damage. For this reason, the formulation of the problem can be found, namely what is the procedure for providing compensation for environmental pollution in the bio-industrial area
Judicial Overview On Criminal Liability Against A Person Who Deliberately Use, Sell Or Export An Industrial Design Without Getting Approval From The Exclusive Rightholders Of Industrial Design Based On Industrial Design Law Akbar Sigratama; Erlina B; Melisa Safitri
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.v1i1.10244

Abstract

Industrial design is a part of the intellectual property created by tasteful and corrosive thought and imagination. Protection against industrial design was indispensable to the certainty of laws to designers. This research issue to find out how the protection of industrial design that has conforms to industry design is listed in the general list under the 31st year 2000 act. This method of research USES the yuridis normatif and empirical approaches. The type of data used is secondary and primary data. The study concluded that a designer who lists industrial design products in the registry, has the exclusive rights granted to him by the republic of Indonesia. It can forbid anyone without his consent to use, sell, manufacture, export, import. When using bad faith, as holders of exclusive rights may file a civil suit and/or criminal charges. The conclusion is that the industrial design that industrial design could provide with the design of science-based on the design of science-based, should fill with novelty of that industry's design and yet no public announcement was made
Legal Protection of BPJS Participants in Ngudi Waluyo Wlingi Hospital-Blitar District Atiana, Sofyetin
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.v3i1.15902

Abstract

This study aims to explain the legal protection of patients participating in BPJS Health in health services at Ngudi Waluyo Wlingi Hospital and the role of the government and the accountability of the hospital in fulfilling the rights of patients registered as BPJS Health participants. The empirical juridical research method is also called research examining law as a pattern of behavior shown in the application of legal regulations. The empirical juridical approach is carried out by collecting primary data information obtained directly in the field which is aimed at applying the law relating to the use of the family witness. Whereas in legally protecting BPJS Kesehatan participant patients in obtaining health services, there are two types of legal protection for BPJS participants in health services, namely preventive and repressive legal protection. There are two roles of the government and the responsibility of the hospital in fulfilling the rights of patients who are registered as BPJS Health participants. The first is to provide convenience for BPJS Kesehatan patients with the collaboration of BPJS Kesehatan and the “Ngudi Waluyo” Wlingi Hospital in educating patients/customers of BPJS Kesehatan participants by improving the quality of health services in hospitals. Second, pay attention to facilities and infrastructure for patient rights and follow up quickly on complaints/complaints from patients/customers participating in BPJS Kesehatan that there is no distinction between BPJS Kesehatan patients and/or incapacitated patients or general patients
The Legal Problems of the Child Trafficking Crime in Indonesia in the View of Human Rights Mini Setiawati; Sofyan Wimbo Agung Pradnyawan; Dimas Pramodya Dwipayana
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.v1i1.8770

Abstract

Human rights are basic rights that are inherent in every human being that cannot be reduced at all. This right can only be taken away through legitimate state institutions and with legitimate legal reasons as well, but the increasingly globalized economic flow, and an increasingly advanced social order and leads to industrialization in all fields, creating many new crime models with an increasing trend, one of them is the crime of human trafficking. They are not only adults who are vulnerable to this crime, but it turns out that children are the most vulnerable to this crime, so that their human rights are threatened in all aspects. This study uses a normative juridical method with only the study of laws and literature. The result of the research is that the laws and regulations protecting the human rights of children from human trafficking crimes are inadequate and tend not to be in sync with one another so that they have not been maximized in realizing protection for child victims of human trafficking
Sexual Harassment through Social Media Review from Electronic Transaction Information 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.v2i2.13340

Abstract

The purpose of this study is to find out: first, the modus operandi of the perpetrator in committing sexual harassment on social media. Second, to find out the formulation of the offense in Article 27 paragraph (1) of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Transaction Information (ITE) reaching out to forms of sexual harassment on social media. The research uses normative research with a statutory approach. The results of the study conclude, First, there are at least 3 (three) modus operandi in general: a) by sending text or images with negative content to the victim; b) spamming or writing inappropriate comments in the victim's comment field or social media; c) by approaching the opposite sex who is the target (victim). Approaching the opposite sex who is being targeted is generally accompanied by threats or rewards. Second, in relation to Article 27 paragraph (1) of the ITE Law, it cannot reach various forms of sexual harassment through social media and prevent the birth of new forms of similar crimes through social media. This is because these provisions do not meet the elements of lex certa and lex scripta, namely that a law must contain elements of both actions, conditions and consequences. In addition, a law must be strict, firm, clear and not contain various interpretations

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