Article Per Year (5 Year)
p-Index From 2021 - 2026
2.795
P-Index
This Author published in this journals
All Journal Jurnal Jatiswara Journal of Law and Policy Transformation Jurnal Kompilasi Hukum Indonesian Journal of International Law Jurnal Risalah Kenotariatan Ex Aequo Et Bono Journal of Law Mataram Journal of International Law
Pitaloka, Diva
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 20 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 20 Documents
Search

 1   2 
E-court: A digital disruption in law enforcement and its impact on judicial efficiency in Indonesia Pitaloka, Diva
Ex Aequo Et Bono Journal Of Law Vol. 2 No. 2: (January) 2025
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v2i2.2025.1404

Abstract

Background: The use of digital technology in thr justice system, known as E-Court, has significantly impacted law enforcement in Indonesia. This research explores E-Court as a manifestation of digital disruption, using normative legal research with a conceptual and statutory approach. Method: This research employs normative legal research with a conceptual and statutory approach to examine technological developments supporting E-Court, its benefits, and its challenges. Findings: E-Court consists of e-filing, e-payment, e-summons, and e-litigation, transforming legal case handling by improving efficiency, transparency, and accountability while reducing costs and administrative burdens. However, regulatory readiness and implementation mechanisms require further evaluation.  Conclusion: E-Court has positively impacted law enforcement in Indonesia by increasing efficiency and accessibility in legal proceedings. To optimize its implementation, addressing challenges such as data security, digital infrastructure, and cultural adaptation within the legal system is essential.  Novelty/Originality of this Study: This study provides a comprehensive analysis of E-Court as a digital disruption in Indonesia’s justice system, highlighting its effectiveness, challenges, and the necessity of regulatory adaptation. It contributes to developing a theoretical framework for online law enforcement systems, ensuring sustainable digital transformation in the judiciary.
The urgency of the approval of the people's representative council related to the ratification of international trade agreements (analysis of decision of mk-13-puu-xvi-2018) Pitaloka, Diva
Ex Aequo Et Bono Journal Of Law Vol. 1 No. 1: (July) 2023
Publisher : Institute for Advanced Science, Social, and Sustainable Future

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61511/eaebjol.v1i1.2023.74

Abstract

The community feels they are not included in the determination to express consent (consent to be bound) in international trade agreements. The HOUSE OF REPRESENTATIVES is an extension of the people's hand, so the government should ask for the people's approval when deciding to participate in international agreements, especially related to trade. The people's sovereignty must be upheld in a democratic country so that the government cannot ignore the participation of the people. This problem lies in Article 11 of the 1945 Constitution and Article 10 of Law No. 24 of 2000. This article will examine in more depth whether it needs to be included in the criteria for approval by law related to international trade agreements. And is it true that the articles submitted in the petitum of the NGO to the Constitutional Court contradict the 1945 Constitution? This research is a normative legal research with a statutory and conceptual approach. The technique of gathering legal material is carried out by reviewing related literature and analyzing various legal references relevant to the problem under study for further analysis qualitatively and descriptively. This is done by implementing an in-depth and holistic review of multiple connections and evaluating legal materials related to issues. The study results show that all international agreements that have a broad impact, one of which is international trade agreements, should be approved by the House of Representatives in determining whether to participate in the contract. The articles in the petite submitted by NGOs are partly unconstitutional, and finally, international trade agreements should be ratified through law. Ratification, Approval of the House of Representatives, Decision of the Constitutional Court.
Binding Force of International Agreements: Perspectives of International Law and National Law Pitaloka, Diva; Putri, Yunita Maya; Becánics, Adrienn; Ernawati, Ninin
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10566

Abstract

International treaties are one of the main sources of international law that have binding power for the parties that agree to them. In the context of relations between countries, international treaties are an important instrument in regulating various common interests, ranging from trade issues, the environment, to human rights. This article examines the binding power of an international treaty from two perspectives: international law and national law. From an international law perspective, a treaty becomes binding after being ratified by the parties according to the principle of pacta sunt servanda stipulated in the 1969 Vienna Convention on the Law of Treaties. Meanwhile, from a national law perspective, the recognition and application of international treaties depend on the domestic legal system of each country, whether it adheres to the principle of monism or dualism. This study also highlights the challenges of implementing international treaties in Indonesia, including the ratification mechanism and the role of legislative institutions. Through a normative approach and case studies, this article aims to provide a comprehensive understanding of the dynamics of the binding power of international treaties within the framework of global and national law.
Judge Independence in Criminal Imposition Below The Special Minimum Case of The Criminal Action of Corruption Shafira, Maya; Achmad, Deni; Pitaloka, Diva; Jumadi, Joko; Silvia Riani, Rahmawati; Ernawati, Ninin
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The inclusion of a specific minimum crime in the Law on the Eradication of Criminal Acts of Corruption is intended to prevent a very striking disparity of sentencing, both for the same case in the context of deelneming, as well as for different cases but the types of offenses involved. the ratio decidendi of the judge's decision that imposes a criminal under a special minimum in corruption cases. Judges who impose criminal penalties under the special minimum criminal threat on decisions on corruption cases, the authors of the analysis assume that the degree of guilt of the accused is not directly proportional to its dangerous act and will be very disproportionate between the act and the punishment that will be given to the defendant of a criminal act of corruption, so that in the name of "Justice" the judge carries out contra legem or legal breakthroughs against the provisions of the special minimum criminal threat in the Law on the Eradication of Criminal Acts of Corruption. The independence of judges and the conviction of judges in imposing criminal penalties under a special minimum penalty in cases of criminal acts of corruption are reflected in legal reasoning in the judge's decision.
Legal Analysis Of Testament Wajibah For Interfaith Heirs (Case Study: Religious Court Decision No.0554/PDT.P/2023/PA.Sby) Pitaloka, Diva; Jumadi, Joko; Putra, Muhd. Hamka Maha; Ridwan, Ridwan; Putri, Ria Wierma
Journal of Law and Policy Transformation Vol 8 No 2 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

There are 3 (three) conditions that must be met in order to become an heir as regulated in Article 171 letter c of the Compilation of Islamic Law (KHI) namely that an heir is a person who at the time of death, he was related by blood or marriage to the testator, was a Muslim and was not prevented by law from becoming an heir. As in case number 0554/Pdt.P/2023/Pa .Sby. In this decision the Panel of Judges granted the applicant's request and determined the applicant to be a mandatory testator. This research method is  normative legal research, conceptual approach and case approach. The result states that the judge granted the Petitioner to be the Legal Heir as a Testament Wajibah even though he had a different religion from the Muslim heir due to consideration of justice. Judges are not mouthpieces of the law, so for the sake of 'justice' judges carry out legal inroads (contra legem) into the provisions contained in the Compilation of Islam.
Implementation Of The Polluter Pays Principle On Space Debris, Dylan Welmart Welmart, Dylan Ritosa Theadiva; , Zunnuraeni; Pitaloka, Diva
Mataram Journal of International Law Vol. 1 No. 2 (2023): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v1i2.3267

Abstract

The study aims to examine the extent to which The Polluter-Pays Principle on the Space Debris problem can be applied. Moreover, this study analyzes the prevention and recovery for countries affected by cases of falling space objects resulting from the launch of a country or a space company to the Earth's surface, particularly in the territory of a country. This study uses the normative method. This study's results determine that the Polluter-Pays Principle can be applied to handling environmental pollution problems caused by Space Debris, especially Space Debris which causes damage and pollution on the surface of the Earth. Therefore, in the case of the fall of Space Debris in Indonesian territory that causes environmental damage and pollution, this principle may be applied. The aggrieved party may ask for compensation based on the Liability Convention and Article 7 of The Outer Space Treaty. The Liability Convention stipulates that the launching State bears absolute responsibility in paying compensation for damage caused by space objects on the surface of the Earth or aircraft, and is responsible for the damage due to his mistake in space. This responsibility action is used to protect, prevent and restore the environmental impact caused by the case of a space object falling into the territory of a country.
KOMERSIALISASI RUANG ANGKASA DALAM PERSPEKTIF HUKUM INTERNASIONAL DAN PEMBAHARUAN HUKUM NASIONAL INDONESIA: pengaturan komersialisasi ruang angkasa serta sumber daya alamnya berdasarkan outer space treaty 1967 dan permasalahan komersialisasi ruang angkasa dalam hukum nasional indonesia Amy rizki nurae aini, Amy rizki nurae aini; Zunnuraeni; Pitaloka, Diva
Mataram Journal of International Law Vol. 2 No. 1 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i1.4198

Abstract

Penelitian ini bertujuan untuk mengetahui bagaimana pengaturan mengenai komersialisasi ruang angkasa yang diatur dalam Outer Space Treaty 1967 sebagai landasan hukum penggunaan ruang angkasa dan pembaharuan hukum nasional Indonesia dalam menghadapi komersialisasi ruang angkasa. Penelitian ini menggunakan metode pelitian normatif, yaitu dengan cara melakukan pendekatan konseptual dan pendekatan teoritis. Peraturan mengenai komersialisasi ruang angkasa diatur dalam Outer Space Treaty 1967 dan The Moon Agreement 1972 yang mengatur mengenai segala bentuk aktivitas penggunaan ruang angkasa termasuk kegiatan komersialisasi dan dalam hukum Nasional Indonesia diatur dalam Undang-Undang Nomor 21 Tahun 2013 Tentang Keantariksaan dan Peraturan Presiden Nomor 45 Tahun 2017 Tentang Rencana Induk Penyelenggaraan Keantariksaan yang ditargetkan dalam waktu 25 tahun dimulai sejak tahun 2016 sampai dengan tahun 2040.
Analysis Of The World Trade Organization Panel Decision Between Indonesia And The European Union In Case Number Ds592 Of 2022 Concerning Restrictions On Exports Of Low-Grade Nickel Ore Zampara Mernissi; Risnain, Muh; Pitaloka, Diva
Mataram Journal of International Law Vol. 1 No. 2 (2023): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v1i2.4221

Abstract

The purpose of this study is to analyse the suitability of Indonesia's nickel export restriction policy to international trade rules at the WTO and analyse the actions taken by the Indonesian Government following the WTO Panel Decision regarding the nickel export restriction policy. The research method uses the normative-legal research method. The legal approach methods use statutes, cases, international agreements, and conceptual approaches. The legal material sources or types of legal materials use primary and secondary legal materials. The legal material collection technique used is library data. The analysis of legal materials used is a review of statutory regulations and international agreements. The result of the study showed that the panel has decided that Indonesia has violated Article XI:1 GATT 1994 so Indonesia's policy cannot be justified by Articles XI:2 (a) and XX GATT 1994. Indonesia finally appealed the WTO Panel Report Number DS592. Researchers recommend considering the use of the Principles of Permanent Sovereignty over Natural Resources and Special and Different Treatment as a defence for the Indonesian Government. Furthermore, Indonesia can connect the policy of limiting nickel ore exports to the Net Zero Emission’s mission. Retaliation against the EU could be an alternative solution, but with the caveat that the Indonesian Government must ensure that the retaliation is right on target and does not harm the country's economy and the country's politics.
Balancing Local Community Interest and International Responsibilities in the Context of the Expulsion of Rohingya Refugees in Aceh Havez, Muhammad; Ernawati, Ninin; Pitaloka, Diva; Rosidi, Ahmad; Jumadi, Joko
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

At the end of 2023, a group of refugees that came to the Aceh region committed several acts of misconduct that shocked Indonesia. Such acts included throwing away rice that was given to them by the Acehnese residents, who did so as an act of kindness. However, the refugees disappointed the Acehnese residents with their response. Due to this, the Acehnese residents insist on expelling the refugees from their area, but the local government needed clarification in order to determine their position. On one hand, it is important to take note of the concerns of the Indonesian people, however, there is also a need to protect international refugees. Based on this understanding, this article will discuss what actions the Indonesian government can take in response to the phenomenon between the Acehnese residents and Rohingya refugees. Moreover, what solutions can the Indonesian government provide in order to balance the interests of local communities and international responsibilities, in the context of the expulsion of Rohingya refugees in Aceh? This article concludes that policymakers and stakeholders must collaborate to develop comprehensive solutions that address the needs of the local community and the refugees, fostering a more sustainable and empathetic response to refugee challenges in the future. This study emphasizes the importance of forging a synergy between local and global perspectives in order to acknowledge the interdependence of community interests and international responsibilities in pursuing effective refugee management.
Implikasi Artificial Intelligence terhadap Hak Asasi Manusia serta Kerangka Penanaman Prinsip-Prinsip HAM dalam Siklus Hidup AI Berdasarkan Hukum Internasional Amalia, Ayu Riska; Pitaloka, Diva; Mujtahidin, Syamsul
JATISWARA Vol. 40 No. 3 (2025): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v40i3.1280

Abstract

Artificial Intelligence (AI) represents a transformative leap in science and technology that redefines how humans work, interact, and make decisions. Despite its contributions to efficiency and innovation across sectors such as health, education, and governance, AI also generates systemic risks to privacy, equality, non-discrimination, freedom of expression, and the right to work. These challenges expose a normative gap between technological development and the existing international human rights framework. Drawing from key human rights instruments such as the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR), as well as global AI governance frameworks including the UNESCO Recommendation on the Ethics of Artificial Intelligence (2021), OECD AI Principles (2019), and EU AI Act (2024), this article formulates a human rights based governance framework for embedding human rights principles throughout the AI lifecycle. It identifies six intersecting principles that must guide each stage of the AI lifecycle: human dignity, legality, necessity and proportionality, equality and non-discrimination, privacy and data protection, transparency and explainability, and meaningful human oversight with accountability and remedy. The study argues that a human rights by design approach, integrating these principles from conception to deployment, is essential to ensure that AI systems remain lawful, fair, and transparent. Finally, the article emphasizes the urgency for states, particularly Indonesia, to harmonize national AI governance with international standards to safeguard human dignity while fostering innovation.
Co-Authors , Zunnuraeni AD. Basniwati Adhitya Nini Rizki Apriliana Ahmad Rosidi, Ahmad Amalia, Ayu Riska Amy rizki nurae aini, Amy rizki nurae aini Apriliana, AdhityaNini Rizki Ayu Riska Amalia Becánics, Adrienn Deni Achmad Jumadi, Joko Maya Shafira Muh. Risnain Muhammad Havez Mujtahidin, Syamsul Ninin Ernawati Nugraha, Lalu Guna Putra, Muhd. Hamka Maha Putri, Yunita Maya Ria Wierma Putri, Ria Wierma Riadhussyah, M. Ridwan, Ridwan Sembiring, Rinawati Silvia Riani, Rahmawati Sofwan Sofwan Welmart, Dylan Ritosa Theadiva Zampara Mernissi Zunnuraeni