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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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The Role of the World Trade Organization (WTO) on the Impact of the China-United States Trade War on International Trade Putri, Intan Eka
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20180

Abstract

International trade opens up new, wider markets for domestic products. Products that were originally only limited to the domestic market will have a new market share abroad. The impact of exports and imports has a positive effect on economic growth. Other benefits that can be felt are an increase in state income, foreign exchange reserves, and capital transactions. However, international trade relations do not always go well. China and the United States have been in a trade war since 2018. The two countries used to be in harmony, but because the United States had a deficit in the trade balance, exports to China amounted to US$ 405.7 billion. The United States then issued a policy of protectionism aimed at controlling export-import activities through setting customs and export-import bans, subsidies, quotas, and tariffs. This trade war continues to this day. Even though the two countries have made a Phase I agreement, they do not show that they will make peace. The impact of the China-US trade war does not only affect the two countries. The impact of the trade war is also felt in developing countries. The increase in tariffs carried out by China and the United States resulted in the two countries being unable to enter each other's markets. Thus, the two countries are eyeing other countries as a new market share to distribute their products. Indonesia as a trading partner is the target of the two countries.
Analysis of Decision Number 33/Pdt.Sus-Pailit.2020/PN.Niaga Jkt.Pst Dispute between KT Corporation and PT Global Mediacom Siregar, Hery Andi Syarif
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20174

Abstract

Bankruptcy is a special civil law that implements Articles 1131 and 1132 of the Civil Code. Bankruptcy is a legal remedy for creditors to ask debtors to return debts. As we know, this special legal effort is an effort that can benefit creditors, but with the condition that the debt must be due and payable. The concept of a debt that has matured does not have to be in the form of a debt agreement or acknowledgment of debt. Debts that have matured can come from obligations arising from a decision such as an arbitration award between KT Corporation and PT Global Mediacom. Bankruptcy procedural law is not like ordinary civil procedural law. In bankruptcy, the principle of simple proof is adhered to. It is not like evidence in civil law in general. When the debt can be proven simply, the debtor who is applying for bankruptcy can be declared bankrupt by the Commercial Court. The problem is that a bankruptcy petition cannot always be proven simply. An example is the bankruptcy petition submitted by KT Corporation arguing that there is a legal relationship between itself and PT Global Mediacom through ICC Arbitration Decision No. 16772/CYK. However, the bankruptcy petition was rejected by the panel of judges. This makes the definition of simple evidence and debts that are due in a bankruptcy petition narrower.
Cryptocurrency Transactions in the Perspective of Islamic Economic Law Anggriani, Lulu; Maulana, Defa Gustara; Mahipal, Mahipal
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20181

Abstract

The advancement of the digital era which is increasingly widespread and commonplace has encouraged a shift in transactions that makes various transactions easier. Modern innovation in the digital era has expanded payment methods beyond the traditional use of cash and current accounts (non-physical). Many people utilize cryptocurrency as digital money, but there are unavoidable pros and cons to this technology based on the blockchain protocol. Various arguments have been put forward for and against cryptocurrencies in Indonesia. One argument is that this does not adhere to standard practices for transactions and currencies. Another argument is that the Indonesian government has firmly stated that Bitcoin and similar virtual currencies are not legal tender in the country. The widespread use of digital money in people's lives requires research and analysis from religious and technology experts considering these events and facts. Bitcoin and other cryptocurrency transactions are considered gharar and dharar from an Islamic economic perspective
Regulation of Personal Vaporizer Sales to Children in Indonesia Herlina, Maxima Nevlita; Budiarsih, Budiarsih
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20187

Abstract

Smoking, including among minors, is a worrying phenomenon in Indonesia, mainly due to the rapid development of the environment and lack of supervision. This study aims to analyze legal protection for minors regarding the use of personal vaporizers, considering the health risks associated with smoking and vaping habits. This research uses a normative legal approach, utilizing primary and secondary sources to examine the existing legal framework and its implementation. The results show that laws in Indonesia, such as the Child Protection Law and the Consumer Protection Law, recognize the rights of children and consumers, including their safety and protection from dangerous substances. However, specific regulations regarding personal vaporizers and their sale to minors still do not exist, resulting in ambiguity for the business world and inadequate protection for minors. The recommendations given include strengthening regulations, providing strict administrative sanctions to violators, increasing educational campaigns, and increasing parental and community involvement in preventing underage smoking and vaping. Ultimately, a comprehensive approach involving legal reform, law enforcement, and awareness-raising efforts is critical to safeguarding the health and well-being of minors in Indonesia.
Analysis of the Use of E-Court as An Electronic-Based Court Service in the Administration of Civil Judgment in Indonesia Azmiy, Alifia Sabrina; Anggriani, Lulu; Pascal, Arya; Maulana, Defa Gustara; Nugraha, Ilham; Irfan, Muhammad; Siswajanthy, Farahdinny
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20182

Abstract

A Technological advances have a broad impact on every aspect of people's lives, including the legal system, especially the e-court system which is a form of the government service system. The aim of the electronic justice system is to simplify the justice system by enabling online registration of cases, payments, summons and hearings. People had to waste time and energy traveling to and from court buildings before e-courts were available, making this service inefficient and ineffective. However, there are a number of obstacles to the use of E-Court, including lack of public outreach and education, limited human resources, and gaps in access to information and communication technology. Normative juridical research is the backbone of this research while also relying on secondary data. For this research, we also consulted secondary sources, such as government records and scientific publications, to gather information. The results found that the use of E-Court as a court service in Indonesia provides benefits including increased efficiency and effectiveness of justice, greater public trust in the justice system.
E-Commerce Development for the Digital Economy in Indonesia Fashola, Ahmada Alif; Kusuma, Farid
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20842

Abstract

This research examines the development of e-commerce in the context of the digital economy in Indonesia. E-commerce has experienced rapid growth and has become the main driver of the digital transformation of the national economy. Using descriptive analysis methods and literature studies, this research examines the factors driving e-commerce growth, the challenges faced, and their impact on the Indonesian economy. The research results show that increasing internet penetration, growth in smartphone users, and changes in consumer behavior are the main catalysts for the development of e-commerce. However, uneven digital infrastructure, cyber security issues and the digital divide are still obstacles. E-commerce has been proven to contribute significantly to economic growth, job creation and financial inclusion. This research concludes that collaboration is needed between the government, industry players and society to optimize the potential of e-commerce in driving Indonesia's digital economy.
Online Narcotics Trafficking: a New Threat to Crime and a Challenge for Low Enforcement Mustopa, Idad Rais
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.17662

Abstract

Globalization is inevitable today, and in this era all aspects of human life have changed. This is marked by easy access to communication, trade, transportation and others. However, the rapid development of technology can also be used as a gap for irresponsible people in carrying out their actions, one of which is narcotics trafficking through the help of technology and online media. And with this case also involves the role of many parties and with this method the perpetrators can also minimize the level of arrest by the authorities. Research that aims to increase public awareness to be more vigilant in seeing everything, the method used in this research is qualitative by sourcing from books, journals, legal regulations and internet websites related to the research theme. Then with this research it is hoped that it will become a reference material for law enforcers in preventing and sanctioning every party involved and in this case it also requires seriousness from the Government so that similar cases do not recur in the future
Legal Responsibilities of Doctors in Terminating Life Assistance Therapy for Terminal Patients Putra, Yudo Rastra Prasetiyo; Hufron, Hufron
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20192

Abstract

Health law plays an important role in upholding basic rights in health services and maintaining a balance between the interests of patients and health workers. This research aims to examine whether doctors are allowed to stop life support therapy according to law using normative juridical legal research methods. The approaches used include statutory, conceptual and case approaches to test positive legal rules, legal principles and legal doctrine. The results of the analysis show that in the relationship between doctors and patients, patient autonomy in making medical decisions and effective communication are important aspects. Doctors have the responsibility to carry out medical procedures and treatment for patients who can no longer be cured, taking into account applicable legal principles. However, doctors are prohibited from carrying out euthanasia, whether active or passive, in accordance with the medical code of ethics and the Hippocratic oath. In discontinuing life support therapy, doctors must ensure that the action is in accordance with applicable medical and legal perspectives, and minimizes the risk of violating the law.
Effectiveness of the Notary's Role in Participating in the Implementation of the Provisions of the Money Laundering Crime Law through PMPJ (Principle of Knowing the Service User) Iftitah, Widya
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20183

Abstract

This normative legal research analyzes the effectiveness of the notary's role in preventing money laundering (ML) through the implementation of the Anti-Money Laundering Law through the Know Your Customer (KYC) Principles. The increasing prevalence of ML modus operandi with the potential involvement of notaries serves as the background for this research. The findings indicate that the notary's authority in drafting deeds necessitates the application of the principle of prudence to understand the legal intent and purpose of the client's wishes. ML prevention efforts are also strengthened through technical guidance from the Financial Transaction Reports and Analysis Center (PPATK) to notaries regarding KYC and reporting suspicious financial transactions through the Go-AML application. This research recommends further evaluation of the implementation of KYC by notaries through surveys and analysis to ensure compliance and effectiveness in mitigating ML risks. This research is expected to contribute to the development of policies in notary practices in the prevention and eradication of ML in Indonesia.
THE ROLE OF THE COMMUNITY CENTER (BAPAS) IN THE ACCOMPANYING AND SUPERVISION OF CHILDREN PERFORMING CRIMES OF SEXUAL ABUSE Regarding the Decision of the Madiun Regency District Court Case Number 6/Pid.Sus Anak/2019/PN.Mjy Nugroho, Bambang Eko; Hastari, Tri Anggis
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20776

Abstract

Children are the young generation and the foundation of the nation's hopes. Children are the successors of the ideals of the nation's struggle who have a strategic role and have special characteristics and traits that are expected to ensure the continued existence of the nation and state in the future. Children need to have the widest possible opportunities to grow and develop optimally, both physically, mentally and socially, and have noble morals. Children are an inseparable part of human survival and the survival of a nation and state. In the Indonesian Constitution, children have a strategic role which is explicitly stated that the state guarantees every child's right to survival, growth and development as well as protection from violence and discrimination. Children are not miniature adults, so based on the characteristics and characteristics of children, it is necessary to differentiate treatment. This is intended to better protect and protect children so they can face their future. With all the potential they have, it is not impossible that today's children will play a role in increasing the rate of national development in the future. For the continued growth of children, both mentally and physically, through interaction in society, children must really receive special attention. Apart from that, the treatment of children must really be paid attention to and treated carefully and conceptually so that the potential inherent in children can grow and develop well and in balance. Children are subjects who have feelings, thoughts, desires and self-esteem. They must be given the opportunity to be heard and have their opinions respected in matters concerning their interests. The rapid development of the world is nothing but the result of the development of human thought, both providing positive and negative impacts. The mentality of children who are still in the stage of finding their identity is sometimes easily influenced by the situation and environmental conditions around them. So if the environment where the child is in is bad, they can be influenced by actions that may violate the law. This of course can be detrimental to himself and society. Not a few of these actions ultimately got them into trouble with law enforcement officials.

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