Garuda - Garba Rujukan Digital

Nilai Keadilan Dalam Rekonstruksi Peralihan Hak Atas Tanah Indriasari, Evy; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 10 No. 1 (2022): Mei 2022
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v10i1.95

The purpose of the study is to examine conceptually how the transfer of land katas rights and the reconstruction of the transfer of land ha katas are in accordance with the value of justice. The reconstruction of the transfer of land rights refers to article 3d of Government Regulation Number 41 of 1964 concerning the Implementation of Land Division and Compensation Providers which states that it is prohibited to carry out all forms of transferring new rights to agricultural land which results in the landowner concerned owning a plot of land outside the Regency where he resides. However, this provision actually hinders the current transfer of agricultural land rights. This is because one of the parties did not obtain their rights, namely not being able to bind the sale and purchase in the Sale and Purchase Deed and automatically the registration of land to obtain certificates as a proof of their land rights could not be implemented so that the provisions of Article 3d of Government Regulation Number 41 of 1964 concerning the Implementation of Land Division and Compensation Must be immediately revised because they are not in accordance with the value of justice.

Optimalisasi Pendayagunaan Mediasi Sebagai Alternatif Penyelesaian Sengketa Merek Aryani, Fajar Dian; Pratama, Erwin Aditya; Indriasari, Evy
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021
Publisher : Universitas Pancasakti Tegal

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.

Kebijakan Kriminal dalam Menanggulangi Kejahatan Kesusilaan Melalui Internet Muliadin, Mus; Aryani, Fajar Dian; Indriasari, Evy; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020
Publisher : Universitas Pancasakti Tegal

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.

Kedudukan Hukum Bagi Pelaku Transgender di Indonesia Dalam Perspektif Perlindungan Hak Asasi Manusia Indriasari, Evy; Adriansyah, Muhammad Dwi; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021
Publisher : Universitas Pancasakti Tegal

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.

Penilaian Kebijakan Publik Atas Pelayanan Pajak Kendaraan Bermotor di Sistem Administrator Manunggal Satu Atap khamim, mukhamad; Indriasari, Evy
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v9i1.138

This research is a conceptual study to assess the quality of public services. Public Service is a public service carried out by the organizer to improve the quality and guarantee the provision of public services in accordance with the general principles of good government and corporations and to provide protection for every citizen and resident from abuse of authority in the provider of public services, legal arrangements are needed that support it. Public services about motor vehicle taxpayers in the SAMSAT office of Brebes Regency we can take care of it ourselves without being represented by others. Supporting factors and inhibiting factors for Motor Vehicle Taxpayer Services have used an Online system that makes it easier for the public to Extend Motor Vehicle Taxpayers, the environment around the SAMSAT Brebes Office is comfortable and safe which makes people feel comfortable when they are doing motor vehicle taxpayers It is necessary to improve excellent service to the community regarding services for the obligation to pay vehicle taxes and implement the SAMSAT program traveling regularly in places far from reach or in remote rural areas this embodies a commitment to providing the best service for the community.

Model Penerapan Asas Pemisahan Horizontal Dalam Lelang Eksekusi Hak Tanggungan Widyastuti, Tiyas Vika; Indriasari, Evy; Pratama, Erwin Aditya; Siswanto
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 1 (2021): Mei 2021
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v9i1.195

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.

Keterkaitan Bank Tanah Dengan Tanah Terlantar Pasca Berlakunya Undang Undang Cipta Kerja Indriasari, Evy; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 10 No. 2 (2022): November 2022
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v10i2.208

The purpose of this study is to examine the relationship between the Land Bank after the promulgation of the Job Creation Law and the existence of wasteland in Indonesia and what obstacles are found in the control of wasteland administration in Indonesia. Land has economic value and social value where there are often legal problems that arise because of it. Administrative recording of land rights is key in efforts to minimize potential legal problems that will arise in the future. This research method uses a type of literature research, the research approach uses a normative approach, data sources use secondary data, data are analyzed by qualitative methods. The results showed that the existence of the Land Bank accommodates the management of abandoned land in Indonesia, abandoned land is one of the potential assets of the Land Bank, therefore the close relationship between the Land Bank and abandoned land after the enactment of the Job Creation Law. That the Land Office launched the Trident program aims to find out valid and sustainable data, especially in the field of land. The Land Office program is aimed at administering the existence of wasteland and then the data is managed by the Land Bank.

Konflik Hak dan Kewajiban dalam Perjanjian Digital Saat Janji Hukum Tak Seindah Kenyataan Isnaeni, Yuliasara; Rasnoto; Indriasari, Evy; Dilaga, Tirta Prasetya
Journal Scientific of Mandalika (JSM) e-ISSN 2745-5955 | p-ISSN 2809-0543 Vol. 6 No. 7 (2025)
Publisher : Institut Penelitian dan Pengembangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/10.36312/vol6iss7pp1979-1986

The advancement of digital technology has transformed legal interactions in agreements between users and digital service providers. However, in practice, there is often an imbalance between the rights and obligations of the parties, where the legal promises stated in the agreement do not always align with their actual implementation. This study aims to analyze conflicts of rights and obligations in digital agreements and their impact on legal protection for users. This research employs a qualitative method with a literature study (library research) approach to examine various legal sources, including legislation, court decisions, and academic literature related to digital agreements. The findings indicate that digital agreements are often unilaterally drafted by service providers with standard clauses that tend to favor one party. This imbalance potentially violates the principle of contractual fairness and weakens legal protection for users. Furthermore, the implementation of rights and obligations in digital agreements is often hindered by users' lack of understanding of contract terms, weak law enforcement mechanisms, and the dynamic nature of digital sector regulations. Therefore, efforts are needed to strengthen digital agreement regulations, enhance users' legal literacy, and promote the application of transparency and fairness principles in drafting digital contracts. By doing so, conflicts over rights and obligations in digital agreements can be minimized, ensuring that legal promises are not merely formalities but provide real protection for all parties involved.

Lelang sebagai instrumen jual beli berkarakter khusus dan pencegahan cyber crime Widyastuti, Tiyas Vika; Indriasari, Evy; Aryani, Fajar Dian; Mahardika, Dinar; Pratama, Erwin Aditya; Hamzani, Achmad Irwan; Mashdurohatun, Anis; Nuridin
Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Vol. 5 No. 1 (2024)
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jp2m.v5i1.21458

Kegiatan Sosialisasi Lelang sebagai instrumen jual beli berkarakter khusus dan pencegahan cyber crimed di Desa Cikalahang Kabupaten Cirebon. Kegiatan ini dilatarbelakangi dengan potensi desa dimana perikanan, dan pariwisata yang berkembang sebagai sentral produk olahan ikan dan wisata kuliner ikan bakar air tawar. Pandemi Covid-19 telah berdampak pada ekonomi, menyebabkan penurunan aktivitas bisnis. Fokus pemerintah desa pada tanggung jawab sosial dapat mendorong generasi muda untuk menjadi pemilik bisnis yang bertanggung jawab dan mempromosikan produk lokal. Di era digital, strategi pemasaran dan metode komunikasi harus disesuaikan untuk memastikan pertumbuhan ekonomi dan partisipasi. Metode kegiatan pengabdian ini yakni community development yang dipadukan dengan service learning. Lelang sebagai salah satu instrumen jual beli yang berkarakter khusus yang dapat meningkatkan pendapatan dari penjualan produk dan bahaya kejahatan cyber crime dibalik penggunaan media sosial untuk memasarkan produk. Hasil pengabdian kini adalah tumbuhnya semangat warga masyarakat, pelaku usaha untuk menggunakan lelang sebagai salah satu cara memasarkan dan meningkatkan penjualan produk mereka, serta adanya sikap waspada masyarakat dalam penggunaan media sosial.

The Role of Local Government in Enforcing Legal Regulations on the Transfer of Land Rights Indriasari, Evy
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47971

This study aims to analyze the impact of the domicile requirement on the transfer of rights for rice fields protected by public regulations in Indonesia, with a focus on the challenges it creates for land market efficiency and agricultural sustainability. Using a qualitative approach with a literature review, the research explores existing legal frameworks, regulatory constraints, and their effects on land transactions. The findings reveal that the domicile requirement restricts access to the land market, excluding financially capable buyers who could manage agricultural land sustainably. The study suggests that expanding the eligibility criteria to include buyers within the same district, rather than limiting them to the same subdistrict, would enhance market efficiency and ensure more effective land management. The proposed policy change would allow for a broader pool of buyers while maintaining local oversight, thus contributing to the protection and sustainable management of rice fields. This research provides valuable insights for policymakers seeking to improve land use regulations and agricultural land management in Indonesia.

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