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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 99 Documents
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Land Ownership Rights to Cultural Reserve Buildings in Surabaya based on Basic Agrarian Law and Cultural Heritage Law Arin Tri Arbawati; Astrid Athina Indradewi
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.v4i1.19078

Abstract

In colonial times, the city of Surabaya was an important part that held a lot of history. Surabaya is known as the oldest port city in Indonesia during the Dutch East Indies era and was the centre of government and international trade. Apart from that, Surabaya was also named a city of heroes because the heroes at that time were willing to sacrifice themselves to fight for and defend the independence of the Republic of Indonesia by fighting the invaders. On that basis, Surabaya is rich in cultural heritage. Most of the heritage of these historic buildings is still standing and can be found in several areas of the city of Surabaya. The local Department of Tourism and Culture has established regulations to protect original historic buildings as city heritage. However, in fulfilling the rights and obligations of individuals and city governments, land rights owned from generation to generation must be considered by the local city government. This research uses normative juridical with doctrinal and statutory regulatory approaches. This research aims to find regional regulations regarding cultural heritage related to ownership rights in managing cultural heritage land and buildings.
Implementation of Laws Number 8 of 2016 Concerning Disabilities Persons in Bandar Lampung City in 2022 Maya Zulvi Astarida; Zainudin Hasan
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.v1i2.12032

Abstract

Philosophical and constitutional based on Pancasila and UUD 1945, each citizen had equal work opportunities, access public facilities, acquire a decent life, including those with disabilities. Law number 8 year 2016 on disabilities person emphasizes that "disability is part of the Indonesian people of equal position, right, obligation and role." The writing use a normative-qualitative juridical approach study method and a qualitative descriptive study method. The reality of fulfilling disability rights remains very limited. People with disability do not have a good level of education and often get a bad stigma from people in general. The implementation of policy has several adverse factors: implementation of policy failed because of the undisclosed nature of policy, the implementation of public policy is very difficult, for example because of communications disruption, the implementation of public policy will be difficult if not enough support, the sharing of potential among the perpetrators involved in implementation
The Relevance of Double Effect Doctrine in The Perspective of Criminal Law Causality Doctrine: A Rebuttal to The Concept Of Conditio Sine Qua Non Nafis Dwi Kartiko
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.v4i1.18213

Abstract

This research explores and analyzes how the doctrine of causality, particularly the concept of Conditio Sine Qua Non, and the doctrine of double effect interact and influence the determination of responsibility in criminal law. Using the normative-dogmatic research method, this study systematically analyzes applicable legal rules without empirical data, emphasizing the qualitative application of legal and philosophical principles. The research uses a literature review as the primary data collection tool, examining legal philosophy books, academic journals, and professional publications to draw relevant conclusions. The results indicate that Conditio Sine Qua Non, which focuses on objective causation, needs to be revised for cases involving complex ethical considerations. In contrast, the double effect doctrine introduces an ethical dimension to causality judgments, justifying actions that produce unintended but unavoidable adverse consequences as a side effect of a good goal. The findings suggest that an integrative approach combining both doctrines may lead to a more balanced and comprehensive understanding of criminal liability. This research aims to enrich the academic discourse on causality in criminal law by introducing ethical considerations as part of causal analysis. It offers a new perspective in dealing with criminal cases involving complicated morality and consequences, challenging the existing limitations of causal interpretation. Nevertheless, this study has limitations in terms of its scope of practical application and the need for empirical verification, signaling the need for further research that can evaluate and validate these findings in actual legal practice.
Standing and Position of Islamic Law as Science in the Context of the Philosophy of Science (Study on the Tree of Rene Descartes Philosophy and the Loops of Knowledge Scheme of Gerald M. Edelman) Adhiputro Pangarso Wicaksono
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.v2i1.11832

Abstract

This study aims to find out the standing and position of Islamic law as a science in the context of the philosophy of science. Research conducted with normative method resulted in the finding that in Rene Descartes's philosophical tree scheme, Islamic law, in this case is that the Qur'an and Hadith (As-Sunnah) are “rainwater” that provides the source of life for the philosophical tree. The “rainwater” enters the soil and then "absorbed" by the roots of metaphysics to then grow the stems of physics that branch into various sciences and fruits that are useful for human life as the purpose of Islamic law itself. Meanwhile, in the loops of knowledge scheme of Gerald M. Edelman, Islamic law as a science is included in the study of culture in sub-actions and societies because in principle Islamic law is sourced from the Qur'an and Hadith (As-Sunnah) is a way of life for human beings to act and behave and establish relationships with fellow human beings and society as Allah says in the Qur'an and the Hadith of the Prophet Muhammad
Strategy and Effectiveness of PKL Empowerment by Surakarta Government through Capabilities Regulation of the City of Surakarta Number 3 year 2008 Beny Mukti Setiyawan, Wahyu; Wildan Khunaefi, Muhammad
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.v3i1.16044

Abstract

Studies on controlling street vendors (PKL in Indonesian) as a response from a city government, might be easy to find. Even so, studies on the strategy and effectiveness of street vendor empowerment by the City Government seem to be found little. Taking the case study of the Surakarta Government with a focus on the regional regulation of the Surakarta Number 3 of 2008 as the basis for empowering street vendors, this study aims to look at the strategy and effectiveness of the empowerment of street vendors implemented by the Surakarta government through the regional regulations (PERDA in Indonesian) of Surakarta in 2008. Using the method Qualitatively using a holistic approach and the theory of capability, empowerment and participation, this study concludes that although the five street vendor empowerment strategies of the Surakarta government experience challenges in the socio-cultural, economic, legal and policy fields, it cannot be denied that the street vendor empowerment strategy in Surakarta has made good progress. Thus this study gives consideration to the Surakarta government to see the inclusive sides of street vendors in order to increase the effectiveness of empowering street vendors in Surakarta. As a final result, this study has succeeded in providing a more inclusive and sensitive framework for viewing the empowerment of street vendors through the capabilities of urban regional regulations
The Role Of The Indonesian Automatic Finger Print Identification System (Inafis) In Identifyng Perpetrators Of Murder Cases (A Cases Study In The Regional Police Of West Sumatera) Yoga Pratama Pratama; Deaf Wahyuni Ramadhani
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.v1i2.9948

Abstract

Indonesia Automatic Finger Print Identification System (Inafis) is a unit that plays a role in identifying a person through scientific means, by examining fingerprints at a crime scene. As stipulated in Article 15 paragraph (1), Law Number 2 of 2002 concerning the Indonesian National Police states that, "taking the first action at a crime scene, taking fingerprints and identities and other photographs, seeking information and evidence, receiving and keeping findings for a while ". Indonesia Automatic Finger Print Identification System (Inafis) is a unit that plays a role in identifying a person through scientific means, by examining fingerprints at a crime scene. The police, especially the Inafis unit itself, are looking for fingerprints in the vicinity of the crime scene (TKP) which will later assist investigators in finding and arresting the perpetrators of the murder. The problems raised in this study are, How are the roles and constraints of the Indonesian Automatic Finger Print Identification System (Inafis) of the West Sumatra Regional Police in uncovering the perpetrators of murder
The Urgency of Public Information Disclosure in the Criminal Justice System Samuel Dharma Putra Nainggolan; Kholilur Rahman
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.v2i2.14942

Abstract

Informasi yang memang sudah menjadi milik publik sudah seharusnya tidak dihalang-halangi oleh siapapun (termasuk negara) apabila publik membutuhkannya. Namun terdapat beberapa informasi yang memang tidak menjadi konsumsi publik (dikecualikan). Pembentukan sistem peradilan pidana terpadu yang ditunjang dengan teknologi informasi mutlak diperlukan dalam penanganan suatu perkara demi terciptanya efektivitas dan efisiensi penanganan perkara
Implementation of Complete Systemic Land Registration Program's Policy (PTSL) in Mojomanis Village, Kwadungan District, Ngawi Regency
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.v1i2.12494

Abstract

This study aims to determine the implementation of the Complete Systematic Land Registration (PTSL) program policy in Mojomanis Village, Kwadungan District, Ngawi Regency. 24 of 1997 which was later replaced by Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia No. 12 of 2017 concerning Land Registration. The type of research carried out is empirical or sociological, namely research that examines the law in reality or reality in the community/regarding its behavior to find out the implementation and implementation constraints of the Complete Systematic Land Registration (PTSL) program in Mojomanis Village, Kwadungan District, Ngawi Regency according to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 6 of 2018 concerning Complete Land Registration in accordance with Village Minister Regulation Number 14 of 2020. The results of this study explain that the implementation of Complete Systematic Land Registration in Mojomanis Village, Kwadungan District, Ngawi Regency has been running well and in accordance with established regulations. The inhibiting factors in the implementation of Complete Systematic Land Registration in Mojomanis Village, Kwadungan District, Ngawi Regency are divided into two, namely technical and legal obstacles. One of the efforts to overcome these obstacles is by using the method of deliberation and sitting together
Criminal Responsibility for Parties Involved in Online Prostitution Mochammad Iqbal Iz'za Zidane; 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.v4i1.18048

Abstract

Fulfilling the needs of life is important for every human being because of the need for work, the choice of negative work makes individuals not care about the causes and consequences, the most important thing is how their life needs are fulfilled. For this reason, one of the jobs that online prostitution is one of the jobs that involves meeting the needs of human life easily. Online prostitution itself has become a common thing in the life of the community environment, basically online prostitution itself is one of the activities that has many negative impacts on a person's life. The focus of this research is on how the criminal liability of the parties related to online prostitution where an act of online prostitution activity is one of the phenomena where this is very easy to spread and also very complex in the world of the existing digital era so that in the context of a criminal law that is used to be able to provide the existence of a criminal liability that exists to the party who is involved in the online prostitution activity itself. This research uses the Normative Juridical method with the Law approach and conceptual approach. The results of this study found that the criminal liability of the parties involved in online prostitution if the parties meet the elements in the Criminal Code rules or outside the Criminal Code which regulates online prostitution. The parties involved in online prostitution can be subject to sanctions if online prostitution is carried out in areas where there are local regulations on prostitution. The conclusion that the criminal liability of the parties involved in the online prostitution case itself will depend on the facts that have been found so that this law is designed to be able to provide protection to the community and also provide punishment to individuals who are involved in this illegal act.
Appraisal of Existing Frameworks on Judicial Independence in Nigeria Ishmael U. Gwunireama
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.v2i1.11951

Abstract

Frameworks enhance the independence of the judiciary. Thus, there are different types of frameworks on the independence of the judiciary: legal and institutional. These are subjected to examination to bring them in line with current realities. This has necessitated the volume of pieces of literature proposing frameworks for reforms. Thus, in addition to the legal and institutional frameworks is the textual framework. The legal frameworks cover legislative enactments like the Constitution of the Federal Republic of Nigeria 1999(as amended), institutional frameworks like the regulations handed down by the National Judicial Council (NJC) and textual frameworks which are academic works of scholars, jurists and legal practitioners. This paper undertook an appraisal these frameworks and made proposals, like an amendment to s. 271 CFRN 1999, for further reforms, towards enhancing judicial impendence in Nigeria and aligning it with international standards.

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