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<![CDATA[Optimalisasi Pendayagunaan Mediasi Sebagai Alternatif Penyelesaian Sengketa Merek ]]>
<![CDATA[Aryani, Fajar Dian]]>;
<![CDATA[Pratama, Erwin Aditya]]>;
<![CDATA[Indriasari, Evy]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v6i2.98
<![CDATA[Various forms of administrative legislation and/or economic administration laws that "involve" criminal law in Indonesia are quite numerous. One example is Law No. 20 of 2016 on Brands And Geographic Indications. The problem of criminal law in the field of administrative law as well as economic law, especially in the enforcement and protection of intellectual property rights has not shown action in line with the spirit of the establishment of the law. One form of violation of the law that is currently developing in Indonesia is the duplication of copyright. But so far efforts to provide legal protection for copyright holders appear to be inadequate. Even in the process of implementing law enforcement, it is not uncommon for copyright infringement cases to be down the road. Seeing problems in the enforcement of economic criminal law, especially in the field of intellectual property rights, gives rise to alternative discourse on resolving criminal disputes in the field of intellectual property rights, especially against brand rights violations. Whether the criminal activity in the field of the brand can be solved outside the Court That in Penal Mediation there are parties involved in the process of handling it, namely Victims, Perpetrators, Community and Community Leaders (village chiefs/ chiefs) or other parties (Law Enforcement) as neutral persons to be used as Mediators to help the parties in dispute to reach a settlement in the form of voluntary agreement on some or all of the disputed issues. The mediator's job is to make the parties forget the legal framework and encourage them to engage in the communication process. As mediators in criminal cases can be raised by the investigators themselves, therefore the Investigator in the implementation of Penal Mediation must be neutral, or impartial to either party to the dispute.]]>
<![CDATA[Pemasyarakatan Narapidana Narkotika dalam Mewujudkan Kesadaran Hukum ]]>
<![CDATA[Rahantoknam, Wiska Watubtaran Rengmas]]>;
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v8i2.101
<![CDATA[Assimilation is part of the development process as well as the right of narcotics inmates inside the Penitentiary to mingle directly with the community outside the prison. In the application of assimilation often narcotics inmates commit irregularities that violate the rule of law, irregularities are carried out to obtain narcotics for addicts and for dealers to operate narcotics trafficking from inside prisons, this event indicates that the legal awareness of inmates undergoing the process of assimilation has not shown a success. The problems examined include First, how is the implementation of assimilation for narcotics inmates in Class II A Kendal Correctional Institution. Second, whether narcotics inmates are given special supervision while undergoing the process of assimilation. Third, how is the success rate of coaching narcotics inmates at the stage of assimilation in realizing legal awareness? This research uses the socio-legal approach method, data obtained through interviews and observations, then data processed descriptively analytically. The results showed that the implementation of assimilation of narcotics inmates was carried out in prisons as a preventive effort so as not to fall back on narcotics. Assimilation in prisons is carried out by involving people from outside prisons to carry out activities with narcotics inmates in various aspects such as education, sports, and the arts. Supervision is carried out strictly with certain restrictions by officers, inmate guardians, and also prison intelligence so that inmates do not feel intervened during the assimilation. The level of legal awareness shown by narcotics inmates at Kendal correctional institutions showed positive results in which they showed compliance with the rule of law in general and the rules of the potentiation and did not commit any violations in the process of assimilation.]]>
<![CDATA[Kebijakan Kriminal dalam Menanggulangi Kejahatan Kesusilaan Melalui Internet ]]>
<![CDATA[Muliadin, Mus]]>;
<![CDATA[Aryani, Fajar Dian]]>;
<![CDATA[Indriasari, Evy]]>;
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v8i2.102
<![CDATA[The development of cybercrime as a new form of crime in the cybersex world has been galvanized globally as a dark shadow of technological advances in the field of communication and information. because it allows for new forms of exploitation, new opportunities for criminal activity, and even new forms of crime. One of the cybercrime problems that is also very troubling and gets the attention of various circles, is the cybercrime problem in the field of decency. The research approach uses a normative juridical approach, the data consists of secondary data obtained through literature studies, and the data is analyzed analytically. Cybersex is a new form of adultery so clear legal arrangements are needed to be able to anticipate it. In addition to these penal efforts, non-penal (integral/systemic) should be put forward to overcome cybersex. Cybersex can be done by law enforcement with the positive laws that exist at this time by carrying out legal construction. Besides, the regulation by Positive Law of Indonesia is still spread in various laws and regulations and there are still some shortcomings so that in the future anticipatory policies of criminal law must be dating.]]>
<![CDATA[Maju Mundur Transformasi Aturan Mengenai Analisis Mengenai Dampak Lingkungan Hidup di Indonesia ]]>
<![CDATA[Wagner, Ivan]]>;
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v8i2.103
<![CDATA[Law Number 11 of 2020 concerning Job Creation has been legally enacted. The government claims that Law Job Creation is to improve the investment climate, especially in the global conditions that are being hit by the Covid-19 pandemic and are predicted to have a correlation with job creation for the peoples. However, from the time the law was proposed, discussed, endorsed, until it was signed, this law has resulted in problems, one of which is about Environmental Impact Assessment (EIA). The research questions formulated are: First, what is the historical trail of the birth and development of the EIA instrument? Second, based on the historical traces of its birth and development, is Law Job Creation a forward movement or is it a backward movement on the discourse of environmental protection? By focusing on the legal history side of EIA, using a socio-legal approach method, it can be conveyed that the traces of regulation on EIA from global discourse to national regulations are actually capable of capturing a value-based transformative vision of environmental awareness and justice. However, the transformation process was mostly carried out by the interests of foreign funding institutions that carried a vision of economic interests that reduced a value-based transformative vision. Law Job Creation is the next milestone in the transformation of regulations regarding EIA and environmental permits. If the vision for the transformation of environmental regulations is about a value-based vision towards a more environmentally aware and environment justice, it is clear that Law Job Creation is like bringing back to the starting point again.]]>
<![CDATA[Kedudukan Hukum Bagi Pelaku Transgender di Indonesia Dalam Perspektif Perlindungan Hak Asasi Manusia ]]>
<![CDATA[Indriasari, Evy]]>;
<![CDATA[Adriansyah, Muhammad Dwi]]>;
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v9i1.111
<![CDATA[The existence of Transgender Groups in Indonesia is still considered one-sided. This is due to the prevailing norms in the Indonesian people's lives. This research on legal standing for Transgender people in Indonesia in the Perspective of Human Rights Protection Law aims to examine whether transgender groups in Indonesia have obtained legal certainty or not. This is because the author feels that the Transgender group still feels the discrimination that occurs to this day. The research method in this research uses a research method with a qualitative approach. Then the type of data that the author uses is qualitative data. Data collection techniques in this study using the literature study. The data analysis method that the author uses is a descriptive method of analysis. The legal protection that can be enforced in protecting Transgender people is in Article 4 of the Law of the Republic of Indonesia Number 39 of 1999 concerning Human Rights and legal standing for Transgender groups can be seen in Article 28D of the Constitution of the Republic of Indonesia Year 1945 and Article 3 paragraph (3) of the Law of the Republic of Indonesia Number 39 of 1999.]]>
<![CDATA[Fenomenologi Pemilihan Kepala Desa Menggunakan Elektronik Voting ]]>
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 10 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v10i1.114
<![CDATA[The purpose of this paper is a legal study related to the phenoenology of holding village head elections using electronic voting in Boyolali Regency. The method used in this study is a socio-legal research approach sourced from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis methods. The results of the study provide answers to the legal study of the implementation of the village head election using electronic voting in Boyolali Regency are: MK Decision No. 147 / PUU-VII / 2009, Article 32 permendagri No. 112 Th. 2014 concerning village head elections, Article 20 boyolali district bylaws no. 11 th. 20016 concerning procedures for elections, appointment and dismissal of village heads, Boyolali Perbup No. 55 Th. 2012 concerning procedures for the implementation of village head elections. The use of e-voting in village head elections in Boyolali District will not work well if the stages do not go well. The socialization that is the basis of the socio-legal implications related to the use of new methods in this election has also been intensified. Based on the above, the key to the success and effectiveness of a Village Head election is the electoral process.]]>
<![CDATA[Problematika Advokasi Kebijakan Publik Oleh Kelompok Masyarakat Sipil Di Kota Pontianak : (Studi Advokasi Kebijakan Publik Tentang Toleransi Di Kota Pontianak) ]]>
<![CDATA[Dawi, Klara]]>;
<![CDATA[Wagner, Ivan]]>;
<![CDATA[Yuliastiani, Anita]]>;
<![CDATA[Loin, Raymundus]]>;
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v9i2.115
<![CDATA[One of the civil society groups currently advocating for public policy in Pontianak City is the Pontianak Bhinneka Network (PBN). As for public policy advocacy by the Pontianak Bhinneka Network regarding tolerance, it is interesting to examine the problems. The limitation scope of the problem is about problems of public policy advocacy by civil society groups. The PBN has made a fairly systematic and structured effort in advocating and encouraging policies on tolerance in Pontianak City. However, there are still problems faced by PBN in conducting policy advocacy covering internal and external aspects. From the internal aspect, it focuses on organizational capacity and relates to autonomy, especially related to funding and sustainability. Problems from the external aspect regarding relations with state actors and other actors, and managing public issues related to policy issues that are being pushed. The two external problems are interrelated, and related to sub-systems, namely legal substance, legal structure, and legal culture.]]>
<![CDATA[Perlindungan Hukum Perawatan Paksa Orang Dengan Gangguan Jiwa ]]>
<![CDATA[Praptono, Eddhie]]>;
<![CDATA[Pratama, Erwin Aditya]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v9i1.136
<![CDATA[Most treatments of people with mental disorders (ODGJ) are forced or involuntary care. Human rights ensure that persons with disabilities are entitled to enjoy independence based on equality with others. Deprivation of liberty is allowed only if it is lawful and is done without arbitrary. The criminal law has set a ban on the deprivation of independence if it meets all its elements. The study examined whether the forced treatment of people with mental disorders in Indonesia when analyzed, associated with deprivation of independence, is a violation of criminal law and human rights, and how harmonization with forced care regulations. The results of this study show that the deprivation of independence in forced care in health institutions does not meet the elements of unlawful acts because there are clear rules, while in non-health institutions there are no clear rules and there may be acts of deprivation of independence that need further research. Forced Care needs to be harmonized with the current Law, namely: Law No. 32 of 2009 concerning Health; Law No. 18 of 2014 on Mental Health; and Law No. 8 of 2016 concerning Persons with Disabilities.]]>
<![CDATA[Rekonstruksi Perlindungan Hukum Hak Penguasaan Tanah Dan Bangunan Di Kawasan Sempadan Sungai ]]>
<![CDATA[Utomo, Setyo]]>;
<![CDATA[Wagner, Ivan]]>;
<![CDATA[Pratama, Erwin Aditya]]>;
<![CDATA[Siswanto]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 10 No. 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v10i1.192
<![CDATA[The need for land for every human being is one of the basic rights that should be fulfilled by the State. But in the empirical fact that happens there is a small part of the community who owns most of the existing land, on the contrary most of the members of the community who only owns land on a small scale and even do not own the land. Government as the embodiment of the State should try how to make justice in land ownership for all citizens can be realized. The objective to be achieved in writing this scientific paper is that the human rights of every citizen to the needs of the land can be fulfilled. The writing method used in this scientific paper is descriptive method of analysis. The conclusion of the writing of this scientific paper is the redistribution of land as part of land reform is one effort that can be done by the Government in the fulfillment of the human rights of every citizen in the fulfillment of land ownership. The government should not hesitate to redistribute the land for the needy to get the land considering some of the existing legal umbrella allows for it]]>
<![CDATA[Model Penerapan Asas Pemisahan Horizontal Dalam Lelang Eksekusi Hak Tanggungan ]]>
<![CDATA[Widyastuti, Tiyas Vika]]>;
<![CDATA[Indriasari, Evy]]>;
<![CDATA[Pratama, Erwin Aditya]]>;
<![CDATA[Siswanto]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
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DOI: 10.24905/diktum.v9i1.195
<![CDATA[The purpose of this study is to examine the implementation and model of the principle of horizontal separation in the granting of dependent rights in the community, issues related to the Deed of Encumbrance of Dependent Rights, that land rights can be considered as proof of ownership of everything that stands on the land. The research method uses a type of literature research, with a statutory approach, secondary data suber, descriptive analytical data analysis. The results of the study showed. Based on the principle of horizontal separation according to the UUPA, proof of ownership of the right to the land does not necessarily become proof of ownership of everything that consists of the land. This can give the holder ownership authority over the land only to the extent of the land surface, while the building or anything attached to the land is different from the ownership rights of the land. However, until now, this proof of ownership of land rights has always been considered to be evidence of ownership of anything that stands horizontally as regulated by the UUPA and which should be applied, but the encumbrance of Dependent Rights in Land Rights, still shows the application of the principle of vertical attachment to land certificates. A written agreement between the landowner and the owner of the building on it is an appropriate model in the application of the principle of horizontal separation in execution auctions under the Dependent Rights Act, as the agreement will apply as a law to those who agree.]]>
