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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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Violation of the Contract Contents as A Fraud Pangarso Wicaksono, Adhiputro
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.v4i2.20779

Abstract

This research aims to analyze the criteria for not fulfilling the agreement which can be categorized as a criminal act of fraud. This research is normative research with a case approach. The source of legal material used is legally and binding verdicts and are analyzed deductively. The results show that something that begins with an agreement and in its implementation there is not fulfilling the agreement can be categorized as a criminal act of fraud (not breach of contract) if the agreement contains elements of fraud. Likewise, if the agreement used as a instrument to get the victim to hand over their goods or something, then if the perpetrator does not fulfilling the agreement, their act can be categorized as a tort or fraud (not a breach of contract), even a tort of fraud was occurred when the victim handed over an item or something belonging to perpretator.
Biopower Pendidikan Pembebasan Generasi Muda Untuk Melanggengkan Keterbukaan Informasi Publik Desa Sendang Wonogiri Sumarto, Slamet; Beny Mukti Setiyawan, Wahyu; Khunaefi, Muhammad Wildan
Activa Yuris: Jurnal Hukum Vol. 4 No. 2 (2024)
Publisher : Universitas PGRI Madiun

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Abstract

Studi ini mengkaji implementasi pendidikan pembebasan di Desa Sendang Wonogiri sebagai strategi untuk meningkatkan keterbukaan informasi publik dan membangun kewarganegaraan aktif. Studi sebelumnya umumnya fokus pada aspek regulasi dan kebijakan di tingkat pusat, sering mengabaikan dinamika implementasi lokal dan peran pendidikan dalam membentuk budaya transparansi. Berbeda dengan studi terdahulu, studi ini menyoroti peran pendidikan pembebasan dalam mempengaruhi nilai-nilai keterbukaan informasi di kalangan generasi muda desa, dengan mengintegrasikan teori Paulo Freire dan konsep biopower Michel Foucault. Studi ini menggunakan berbagai alat dalam metode peneliitian kualitatif dan teknik triangulasi untuk memastikan serta menghasilkan data yang valid. Temuan studi ini menunjukkan bahwa pendidikan pembebasan tidak hanya meningkatkan kesadaran dan partisipasi generasi muda dalam keterbukaan informasi, tetapi juga membentuk struktur kekuasaan lokal yang mendukung transparansi dan akuntabilitas. Hasil kajian ini menegaskan pentingnya pendidikan sebagai alat strategis untuk memperkuat praktik transparansi di tingkat desa dan memperbaiki pandangan kita tentang bagaimana pendidikan dapat digunakan untuk mendukung tata kelola yang lebih baik. Dengan demikian, studi ini memberikan wawasan baru tentang integrasi pendidikan pembebasan dalam konteks lokal dan menawarkan model untuk pengembangan lebih lanjut dalam kebijakan dan praktik pemerintahan desa
Pertamina Retail's Legal Responsibilities in Self Service Services Wirayuda, Kevin Agung; Mardijono, H.R Adianto
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

Self-service technologies (SST) are technological intermediaries that enable customers to produce their own services. Recently, self-service services at gas stations have become popular among consumers. This service allows customers to refuel their vehicles without the help of gas station attendants. This gives customers the flexibility and convenience of refueling according to their needs. This self-service technology is proven to provide convenience and efficiency for the public in refueling. The most important thing in refueling is consumer safety and risk. Apart from that, self-service technology is also available. There are no special government regulations for PT. Pertamina.
Analysis of Mixed Marriage Law in Indonesia From the Perspective of International Civil Law Improvement Sari, Siti Julaeha Puspika; Setiawan, Andre; Adillah, Alya Sophia; Mustapid, Hidayatul; Khairunnida, Tasya; Wijaya, Mustika Mega
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

Law Number 1 of 1974 concerning Marriage contains a section on religiosity. A man and a woman become husband and wife with the aim of realizing a happy and eternal family based on the One Almighty God. This is the definition of marriage itself. The Civil Code and the Marriage Law have different definitions of marriage: in Article 26 of the Law "The Law views the issue of marriage only in civil relations". The research method used in this study is descriptive normative legal research. With the technique of statutory regulations, as well as other related documents that are related to science, the development of its theory. Primary legal materials are obtained from Law Number 1 of 1974 concerning marriage, while secondary legal materials, namely the Civil Code, textbooks, legal journals, expert opinions and legal experts. The data obtained are both secondary and primary. Because there are foreign components in legal relations, international civil law applies. Algemene Bepalingen are general regulations that regulate international civil norms in Indonesia. In the concept of international civil law, there are 2 types of schools, namely: 1) Internationality which requires international or multilateral civil law. 2) Nationality because each country has different procedures for International Civil Law for Inter-National Marriage. Marriage between two people from different countries is defined as a mixed marriage based on Article 57 of the Indonesian International Civil Law Marriage Law. However, the third factor, not differences in religion, ethnicity, or social class in Indonesia, is the cause of this gap.
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. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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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.
The Role of Development Towards a Sustainable Economy Prilian, Pinindita Trias
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

The purpose of this study is to determine how the role of law in driving the dynamics of national economic development is reviewed from the principle of people's economy through several discussions on the urgency of national economic legal development, the second is how the role of law in driving the dynamics of national economic development is reviewed from the principle of sustainable economy, as well as national economic development strategies with the principle of sustainable economy. This type of research is Library Research, namely research through library or literature studies. The data source in this study is primary data, namely books that directly discuss the role of development towards a sustainable economy. The data analysis technique used to obtain conclusions is deductive, namely the method of drawing conclusions from general to specific. The results of this study The concept or role of law of the Indonesian national economy must adhere to the principle of family, people's sovereignty, Pancasila morals, and show partiality to the people's economy. This concept of sustainable development can only be guaranteed by law and this law that guarantees it must also continue to carry out development in order to be able to jointly carry out national development to prosper its people. Sustainable development strategies, which include development that ensures equity and social justice, development that respects diversity, development that uses an integrative approach, and development that requires a long-term perspective
Ownership Status of Petok D Land that Has Been Transferred From an Unauthorized Party Febrianto, Dhean; Setyadji, Sri
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

Letter C and Petok D books, although after the enactment of the UUPA are no longer evidence of land management, PP article 24 no. Article 24 of the Law (1997) further regulates the recognition of the necessity to record land rights as old written evidence. The problem is how the relationship between case decision 190/Pdt.G/2005/PN.Sby with decision no. 94/PDT/2007/PT.SBY with decision No. 2340 K/PDT/2008 with decision No. 233 PK/Pdt/2011 and how the legal status of buyers of land rights petok d. is not eligible. The study used as treatment is a normative legal study based on principles and concepts. Obtained the following research results: Land rights with letter C and Petok D are allowed according to Article 39 of PP. 24 of 1997, but if the letter C and Petok D book are tampered with by changing the name written in it, then it is a prohibited act, and the judge in his opinion canceled the letter C and Petok D book with evidence. Letter C and Book Petok D A seller who does not have the right to sell it and has it canceled by a court judge, can sue the seller on the grounds that he has committed an unlawful act.
Criminal Responsibility for Theft of Personal Data by Bank Employees and Misuse of Identity by Merchants Providing BRI EDC Cash Swipe Services Subroto, Bartholomews Kislew; Latumahina, Rosalinda Elsina
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

The purpose of this study is Cash swipe transactions or commonly called Gestun, or the scientific term is called (Cash Withdrawal) to be a solution for credit card customers who want to make cash withdrawals but not through ATMs. Card customers simply visit shops that have credit card swipe machines (EDC), then withdraw cash according to the desired amount. By doing Gestun, credit card customers seem to be shopping for goods through the shop, but what is obtained is not goods but money. So customers do not take goods but take cash in the amount of the desired withdrawal or the value of the price of the goods. Credit cards are often the target of crime because of the benefits in their use; especially with made-up pretexts are the most common crimes because people often use credit cards for purchases and down payments based on credit facilities. Credit card fraud is usually called credit card misuse and can be classified into various categories: issuing credit cards through credit card companies, using credit cards at franchise stores and banks, and others. Credit card misuse due to the application of open laws to be disputed in accordance with various uses of credit cards Cash swipe is one form of credit card misuse. The purpose of writing this law is to find out the regulation and supervision of cash swipes in Indonesia and to find out how the responsibilities of the parties that facilitate cash swipes, especially for Acquirers and Merchants in Indonesia
Criminal Responsibility for Prison Officers Who Carry Out Extortions (Pungli) in the KPK Detention Center Area Andhijaya, Moch Ramadhan Dewa; Simangunsong, Frans
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

Extortion by prison officers is unacceptable behavior and a form of corruption. It can have serious consequences, not only for public confidence in the legal system and custody, but also for the welfare and rights of individuals under the supervision of the prison. Extortion can occur in various forms, from withdrawing funds in exchange for special treatment to prisoners, selling prohibited goods in prison, to extorting prisoners or their families to obtain complete facilities that should not be available or accessible to prisoners. Extortion in the KPK prison refers to corrupt practices within the institution, which should be a place where law enforcement against corruption is prioritized. The KPK (Corruption Eradication Commission) is an Indonesian government agency established to combat corruption. If there are reports or allegations of extortion in the KPK prison, it is very serious and must be investigated thoroughly. Corruption within law enforcement agencies, especially those tasked with combating corruption such as the KPK, is a betrayal of public trust and undermines the integrity of the justice system. Therefore, if there are indications of extortion in the KPK detention center, firm and transparent law enforcement measures must be taken to uphold justice and ensure that the institution remains at the forefront of fighting corruption.
Regulations on the Use of State Facilities in the Implementation of General Election Campaigns Fahreza, Mohammad Fadhil; Hufron, Hufron
Activa Yuris: Jurnal Hukum Vol. 5 No. 1 (2025)
Publisher : Universitas PGRI Madiun

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Abstract

General elections (Pemilu) play a crucial role in the democratization of politics in Indonesia. As a democratic country, Indonesia adopts a political system based on power that comes from and for the people. becomes a forum for elections where citizens can directly elect their representatives at the national and regional levels. However, the implementation of elections is faced with various challenges, especially related to honest, fair, and transparent implementation. One of the main issues that arises is the scope of state facilities in election campaigns. This study aims to investigate ways of supervision that can prevent the protection of state facilities in election campaigns. The research method used is normative research with an approach to laws, conceptualization, and case studies. The research findings show that effective supervision of the use of state facilities in elections is a crucial step to ensure integrity and fairness in the democratic process. Legal steps and sanctions applied in accordance with the Election Law are expected to reduce violations and maintain the integrity of elections in Indonesia.

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