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All Journal JURNAL MAGISTER HUKUM UDAYANA Masalah-Masalah Hukum JURNAL ILMU SOSIAL Yustisia Journal of Indonesian Tourism and Development Studies Jurnal Ketahanan Nasional ECSOFiM (Economic and Social of Fisheries and Marine Journal) Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Jurnal Media Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY JFMR (Journal of Fisheries and Marine Research) Hasanuddin Law Review STTAL POSTGRADUATE - INTERNATIONAL CONFERENCE Bina Hukum Lingkungan Jambura Law Review Jurnal Yuridis Jurnal Jatiswara Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Jurnal Suara Hukum International Journal of Environmental, Sustainability, and Social Science JHCLS International Journal of Educational Review, Law And Social Sciences (IJERLAS) Indonesian Journal of International Law Educenter: Jurnal Ilmiah Pendidikan Jurnal Multidisiplin Madani (MUDIMA) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Bina Hukum Lingkungan Asian Journal of Law and Humanity EDUCENTER JURNAL PENDIDIKAN

Dhiana Puspitawati

Brawijaya University

Author-ID : 350792

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mechanical Engineering Social Sciences Other

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Perlindungan Hukum Peserta Program Jaminan Hari Tua pada Badan Penyelenggara Jaminan Sosial Ketenagakerjaan atas Penunggakan Pembayaran Iuran oleh Pemberi Kerja Agara, Andryawan Perdana Dista; Santoso, Budi; Puspitawati, Dhiana
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 6, No 1 (2021): Juni 2021
Publisher : Universitas Negeri Malang

The research objectives were to analyze the legal protection of participants of the old age guarantee program as well as the threat of sanctions for companies that delinquent payment of Social Security Agency for Employe (BPJS Employment) dues. The research used a juridical-sociological approach with a type of sociolegal research. Data sources in the form of primary, secondary, and tertiary data were analyzed qualitatively. Legal protection of participants of the old age guarantee program consisted of preventive legal protection, namely through Government Regulation Number 60 of 2015, and repressive legal protection based on internal Standard Operating Procedure (SOP) from BPJS Employment provided if the company in question delinquent dues payment. The threat of sanctions for companies that delinquent payment of BPJS Employment dues was in the form of administrative sanctions, although in practice the sanctions were considered ineffective to be applied.

Analisis Putusan Pengadilan Negeri Jombang Nomor:15PDT.G/2014/PN.JMB Tentang Peralihan Hak Atas Tanah Dengan Menggunakan Bilyet Giro Hartatik, Hartatik; Puspitawati, Dhiana
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 1 (2019): Juni 2019
Publisher : Universitas Negeri Malang

This paper aims to review the Court Decision Number: 15 / Pdt.G / 2014 / PN.JMB dated October 14, 2014, relating to the validity of the transfer of land rights by buying and selling through payment using Bilyet Giro, and analyzing the settlement of the transfer of land rights using Bilyet Giro according to customary law. The method used in this paper is normative research to find a solution to the problem of transferring land rights through buying and selling using Bilyet Giro to produce a new opinion, theory or concept as a prescription related to the problem. The results of the analysis in this paper show that the payment in full with the Bilyet Giro against the price agreed in the sale of land rights must be declared valid and valuable, both in terms of the Civil Code and the concept of customary law, and according to the provisions of customary law, cash payment with Bilyet Giro is sufficient for the transfer of land rights due to buying and selling.

Implikasi Hukum Penggunaan Data Pribadi Pihak Ketiga Terhadap Keabsahan Perjanjian Pinjam Meminjam Uang Berbasis Teknologi Informasi Pardana, I Nyoman Adi; Sihabudin, Sihabudin; Puspitawati, Dhiana
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 2 (2019): Desember 2019
Publisher : Universitas Negeri Malang

This study focuses on discussing the validity of information technology-based loan contracts and the use of third party personal data for company activities in the event of default. This study uses a normative juridical method with a legislative approach and a case approach. Loan contracts use legitimate electronic transactions if there is a contract of the parties that bind themselves. An information technology-based loan contracts to borrow money using third party personal data without permission will not cancel the contract. A third party can apply to the court to cancel himself as a party involved in the agreement.

Establishment of a Supervisory Institution as Effort Fulfillment of Children's Rights Due To Divorce Ummu Salamah; Tahir Luth; Rachmi Sulistyarini; Dhiana Puspitawati
Asian Journal of Law and Humanity Vol 2 No 2 (2022)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/ajlh.v2i2.3

The responsibility of parents towards fulfilling children's rights must still be carried out even though both parents have divorced. In the Constitutional Marriage it is explained that a father is responsible for all the rights to life for his children, but often the father is negligent in fulfilling his obligations even though there has been a judge's decision in court. Basically in court, actually the implementation of a request in fulfilling the child's maintenance rights can be done if the father is negligent, but the implementation is not easy. This study will examine what are the juridical obstacles to fulfilling children's rights as a result of divorce and how to fulfill children's livelihood rights in the future. The purpose of this study is to describe efforts to fulfill children's livelihood rights as a result of divorce. This research is a normative legal research with a literature study approach, a case approach, and a comparison of efforts to fulfill children's rights to a just life. The results of the research in this description are that it is very necessary to have a supervisory institution that will oversee the level of compliance of fathers in fulfilling their children's right to life due to divorce.

Legitimate Interest of Coastal States in Seabed Mining: Indonesiaâ€™s Practice Puspitawati, Dhiana; Susanto, Fransiska Ayulistya; Rusli, Mohd Hazmi Mohd; Fadli, Moh.
Hasanuddin Law Review VOLUME 9 ISSUE 3, DECEMBER 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i3.4116

This paper focuses on the utilization of sea mineral resources in areas within national jurisdiction and in the international seabed area (hereafter known as the Area). It discussesÂ Indonesian laws relevant to seabed mining and the need for such laws to take into consideration the maritime zones and activities in the Area, as stipulated by UNCLOS 1982.Â This paper begins with the identification of potential sea minerals both within national jurisdiction and in the Area. Next, it analyzes the international legal framework on seabed mining, including a discussion on the meaning of "legitimate interests of coastal States" and on the participation of developing states in the Area, as stipulated in Article 142 and 148 of UNCLOS 1982. Then, the national legal framework relating to seabed mining is discussed. Using the juridical-normative method, this paper finds that Indonesia does not currently have comprehensive national regulations covering seabed mining within its jurisdiction and in the Area. Although there is a presidential decree on the exploitation of sea sand, it is limited to institutional arrangements and only focuses on sea sand. Thus, this paper recommends the formulation of national regulations regarding the use of the seabed, both within and beyond national jurisdiction.

State Financial Losses as a Result of Environmental Damage Sari, Retno Dewi Pulung; Nurjaya, I Nyoman; Puspitawati, Dhiana; Monteiro, Sequito
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.136

Indeed, corporations serve as the primary consumers of resources and the primary contributors to environmental damage. Indonesia incurs substantial economic losses as a consequence of environmental damage. Corruption frequently contributes to the deterioration of these conditions, resulting in fiscal ramifications for the government that are attributable to environmental damage. This study aims to examine the state financial losses incurred by states as a result of environmental damage. This is normative-jurisprudential research. This research shows that environmental damage ultimately results in a financial loss for the state and must be recouped by the violating corporation. The deterioration of this circumstance is frequently correlated with corruption, leading to financial losses for the government due to environmental damage. Therefore, a comprehensive legal framework is required to maximize the recovery of this damage. Enhancing regulatory transparency concerning the distribution of state funds and calculating losses will ensure the legal validity of efforts to enforce environmental legislation in response to corporate violations. Furthermore, environmental damage affects the populace's well-being, resulting in economic and health repercussions and reduced state revenue. To promote sustainability, the government must regulate financial impacts through education and a greater focus on MSME business lines.

A REVIEW OF COASTAL DEFENSE MANAGEMENT TO SUPPORT NATIONAL RESILIENCE Aris Tri Ika R; Moh. Kusaeni; Dhiana Puspitawati; Faishal Aminudin
STTAL POSTGRADUATE - INTERNATIONAL CONFERENCE Vol. 8 No. 1 (2024): Indonesia Naval Technology College STTAL Postgraduate International Conference
Publisher : Indonesian Naval Technology College STTAL

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

The Surabaya Western Access Channel (SWAC) is a very congested, narrow channel but has several potentials for abundant natural resources. The problems in this Channel’s areThe busy traffic of both military and civilian ships passing through this channel has resulted in damage to several ecosystems and threatens fishery cultivation. Under the channel there are also dangerous objects for navigation such as shipwrecks that have not been lifted, many pipe installations and underwater cables. The level of shipping safety in SWAC is also relatively low. Therefore it is necessary to have shipping management, shipping safety, ecological maintenance, coastal community life and defense and security governance. The purpose of this paper is to review the existing conditions of coastal defense governance that have been implemented before. The method in this article is the VOSViewer analysis which analyzes the relationship between several keywords related to coastal defense management.

Protection of People at Sea under International Law: Lesson Learnt from Pushback Action to boat people in Indonesia and Malaysia Puspitawati, Dhiana; Susanto, Fransiska Ayulistya
Brawijaya Law Journal Vol. 10 No. 2 (2023): Current Challenges, Developments and Events in The International Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.02.02

People at sea, one of which is the Boat People, has become a problem not only for Europeans but also in Southeast Asia with increasing asylum seekers from Rohingya and migrants from Bangladesh. Southeast Asia is already facing the problem of boat people returning from the Vietnam Asylum. However, an old story becomes a new story that never ends in Southeast Asia when the strategist state to Sanctuary did not participate in the 1951 Geneva Convention. As a result, many people faced pushback and died or lost at sea. This research will discuss the extent to which “protection of persons at sea” and the “search and rescue” can cover the protection of boat people under UNCLOS 1982. This study also analyses how UNCLOS 1982 will work to protect boat people when states protect themselves with the "non-party Geneva Convention 1951". Researchers argued that protection for people at sea, and the of search and rescue cover all dangerous situations faced by all people at sea, even if they are asylum seekers or boat people. They must first be protected from danger at sea, brought ashore, and the territorial state can exercise judgment on them. The "non-state party" has become a shield for Indonesia, and Malaysia to reject boat people and even push boat people back from their territory. However, the two countries are part of the UNCLOS 1982 with the obligation to carry out search, rescue, and protect humans at sea. As a result, they must rescue them and bring them ashore first before they are deported or pushed back from their boats. To investigate the relationship between the protected “protection of persons at sea” and the “search and rescue” and boat people, this paper seeks to assess UNCLOS 1982, customary international law and related cases.

Legal Protection of the Penataran Temple Site in Blitar Regency in the Digital Era Based on the Utilization of Artificial Intelligence Prasetyo, Ngesti Dwi; Fadli, Moh; Susilo, Edi; Puspitawati, Dhiana; Lutfi, Mustafa
Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Vol 17, No 4: October - December 2024
Publisher : LPPM Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/pamator.v17i4.26774

Penataran Temple, a cultural heritage site in Blitar Regency, stands as a testament to the pinnacle of past Nusantara civilization. Despite its significance, the protection of Penataran Temple requires optimization. This study aims to develop a legal protection strategy for Penataran Temple through the use of Artificial Intelligence. Employing statutory, conceptual, and historical approaches, this empirical juridical research analyzes data using sociological juridical methods. The study underscores the urgent need to enhance legal protection, particularly in rebranding the ecotourism potential of Penataran Temple. This effort seeks to cultivate, reaffirm, and revive the noble values of cultural heritage, establishing it as a distinctive landmark enriched by the unique mosaic of local wisdom. Utilizing innovative design and advanced technologies such as artificial intelligence, this approach significantly enhances branding rooted in local wisdom and ancestral heritage. It is crucial for promoting and safeguarding the temple from legal exploitation by parties lacking integrity and historical awareness in the digital age.

Regulatory and Institutional Approach in Tackling Marine Plastic Pollution: The Practice of Indonesia Puspitawati, Dhiana; Susanto, Fransiska A.; Kurniaty, Rika; Kurniawan, Andi; Nursasmita, Muhammad Akbar; Mohd Rusli, Mohd Hazmi
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p23-67

Marine Plastic Pollution (MPP) is increasing at an alarming rate. It presses environmental crisis, posing significant threats to both marine ecosystem and biodiversity, as well as human health. While relevant international legal frameworks call for concerted global action, effective national law enforcement remains a crucial element in the fight against plastic waste. This research explores Indonesia’s practice in implementing existing international legal frameworks nationally to tackle MPP. Although Indonesia has made significant progress in establishing national laws that align with international legal frameworks, however, much remain to be done. This especially related to regulatory framework and law enforcement institutions. This paper highlights existing regulatory and institutional frameworks adopted by Indonesia and analyses key enforcement challenges faced by Indonesia in reducing MPP. It is argued that strengthening national enforcement mechanisms, fostering intergovernmental collaboration, and enhancing public-private partnerships are essential to curbing marine plastic pollution. Ultimately, the paper calls for a more robust, integrated approach that aligns national legal frameworks with global efforts to protect marine environments from further degradation.

Co-Authors Abdullah Said Abraham Mohammad Ridjal Abraham Mohammad Ridjal Adi Kusumaningrum Agara, Andryawan Perdana Dista Airin Liemanto Airin Liemanto Andi Kurniawan Andik Isdianto Anditya, Ariesta Wibisono Anggoro, Syahriza Alkhoir Apriyanti, Nurul Arief Setyanto Arif Zainudin Aris Tri Ika R Arsadana, I Gede Mahada Asyifa Anandya Asyifa Anandya Atmaja, Albertus Aldo Danar Brantas Suharyo G. Dewi Cahyandari Dewi Cahyandari, Dewi Diah Pawestri Maharani Diah Pawestri Maharani, Diah Pawestri Dinansi, Clarissa Ivana Kartika Dwi Budi Santoso Edi - Susilo Edi Susilo Eka Yudha Kurniawan Fachry Abda El Rahman Fadillah Putra Fadillah Putra FADLI, MOH Fadli, Moh. Faishal Aminudin Fathah, Aulia Lanudia Herlindah I Nyoman Nurjaya Kristiyanto Kristiyanto Kristiyanto, Kristiyanto Kurniaty, Rika Luthfi, Mustafa Maharani, Natalia Mentari Puspa Wardani Milda Istiqomah Moelyadi Moelyadi Moh. Fadli Moh. Kusaeni Mohammad Fadli Mohd Rusli, Mohd Hazmi Monteiro, Sequito Mustafa Lutfi Ngesti Dwi Prasetyo Nico Rahman Caesar Nuddin Harahab Nuhfil Hanani Nuhfil Hanani Nursasmita, Muhammad Akbar Nurwijayanti Pardana, I Nyoman Adi Prakoso, Lukman Yudho Pranata, Keri Priesty Yustika Putri Priesty Yustika Putri, Priesty Yustika Prija Djatmika Prija Djatmika, Prija Putri, Berlania Mahardika Rachmi Sulistyarini Rangga Vandy Wardana Rangga Vandy Wardana Riadhussyah, M Rusli, Mohd Hazmi Mohd Sari, Retno Dewi Pulung Savira, Sarah Setyo Widagdo Shinta Hadiyantina Shinta Hadiyantina Sihabudin Sihabudin, Sihabudin Suharyo G., Brantas Sukardi Sukardi Supriyadi Supriyadi Supriyadi Supriyadi Susanto, Fransisca Ayulistya Susanto, Fransiska A. Susanto, Fransiska Ayulistya Tahir Luth Tahir Luth Teddy Minahasa Putra Thohir Luth Ummu Salamah Ummu SALAMAH Ummu Salamah Vandy Wardana, Rangga Wanto, Alfi Haris Wardana, Rangga Vandy Wardani, Mentari Puspa Yenny Eta Widyanti Zaenal Fanani

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